HomeMy WebLinkAboutItem 1b: Adoption of Ordinance 2294 - Repealing Ordinance 2286: Electing an Alternative Voluntary Redevelopment Program ORDINANCE NO. 2294
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARCADIA, CALIFORNIA, REPEALING ORDINANCE
NO. 2286 ELECTING TO PARTICIPATE IN THE
ALTERNATIVE VOLUNTARY REDEVELOPMENT
PROGRAM PURSUANT TO HEALTH AND SAFETY
CODE SECTION 34192 ET SEQ.
WHEREAS, pursuant to the Community Redevelopment Law (Health & Saf.
Code, § 33000 et seq.), the City Council of the City of Arcadia ("City") created the
Arcadia Redevelopment Agency ("Agency"); and
WHEREAS, on June 28, 2011, as part of the 2011-2012 State of California
budget bill, companion bills Assembly Bill 1X 26 ("AB 1X 26") and Assembly Bill 1X 27
("AB 1X 27") were enacted, suspending all new redevelopment activity of the Agency
and dissolving the Agency, unless the City, by ordinance, elected to participate in the
"Alternative Voluntary Redevelopment Program" established by AB 1X 27 and agreed to
pay an annual "community remittance" payment to the County of Los Angeles; and
WHEREAS, on July 18, 2011, a Petition for Writ of Mandate was filed in the
Supreme Court of the State of California in the matter of California Redevelopment
Association, at al. v. Ana Matosantos, et al., Case No. S194861 ("Legal Action"),
challenging the constitutionality of AB 1X 26 and AB 1X 27 on behalf of cities, counties
and redevelopment agencies; and
WHEREAS, on August 2, 2011, the City enacted its Ordinance No. 2286,
electing to participate in the Alternative Voluntary Redevelopment Program established
by AB 1X 27; and
WHEREAS, on December 29, 2011, the Supreme Court issued its opinion in the
Legal Action, upholding AB 1X 26 and invalidating AB 1X 27 and dissolving all
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redevelopment agencies throughout the State of California, effective February 1, 2012;
and
WHEREAS, because AB 1X 27 has been invalidated by the California Supreme
Court, City Council Ordinance No. 2286, enacted pursuant to AB 1X 27, is also invalid;
and
WHEREAS, the City desires to repeal the enactment of Ordinance No. 2286
because the authority under which the Ordinance was enacted is no longer valid.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. The Recitals set forth above are true and correct and incorporated
into this Ordinance.
SECTION 2. The action taken by enactment of this Ordinance does not commit
the City to any action that may have a significant effect on the environment. As a result,
such action does not constitute a project subject to the requirements of the California
Environmental Quality Act. The City Council directs City staff to file a Notice of
Exemption within five (5) days following adoption of this Ordinance with the Clerk of the
Board of Supervisors of the County of Los Angeles.
SECTION 3. The City Council hereby repeals City Council Ordinance No. 2286
in its entirety.
SECTION 4. The City Council hereby authorizes and directs the City Manager to
take any action and sign any documents necessary to implement this Ordinance.
SECTION 5. If any section, subsection, subdivision, sentence, clause, phrase, or
portion of this Ordinance for any reason is held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the validity
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of the remaining portions of this Ordinance. The City Council hereby declares that it
would have adopted this Ordinance, and each section, subsection, subdivision,
sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or
more sections, subsections, subdivisions, sentences, clauses, phrases, or portions
thereof be declared invalid or unconstitutional.
SECTION 6. This Ordinance shall be effective on the thirty-first (31st) days after
its adoption.
SECTION 7. The City Clerk shall certify to the adoption of this Ordinance and
shall cause a copy of the same to be published in the official newspaper of the City of
Arcadia within fifteen (15) days after its adoption.
Passed, approved and adopted this day of , 2012.
Mayor of the City of Arcadia
ATTEST:
City Clerk
APPROVED AS TO FORM:
-/-)Wt.e„ P.
Stephen P. Deitsch
City Attorney
3
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].Ti\..F'F REPORT
Development Services Department
DATE: February 21, 2012
TO: Mayor and City Council
FROM: Jason Kruckeberg, Assistant City Manager/Development Services Directory--
Jerry Schwartz, Economic Development Manager/pi
SUBJECT: ORDINANCE NO. 2294 REPEALING ORDINANCE NO. 2286 ELECTING
TO PARTICIPATE IN THE ALTERNATIVE VOLUNTARY
REDEVELOPMENT PROGRAM PURSUANT TO HEALTH AND SAFETY
CODE SECTION 34192 ET SEQ.
Recommendation: Introduce Ordinance No. 2294
SUMMARY
The California Supreme Court found that Assembly Bill 1X 27 is invalid. As a result, any
action taken pursuant to Assembly Bill 1X 27 is also invalid. The City Council enacted
Ordinance No. 2296, electing to participate in the Alternative Voluntary Redevelopment
Program established by Assembly Bill 1X 27 in order to avoid the Arcadia
Redevelopment Agency from being dissolved. However, because Assembly Bill 1X 27
has been found invalid, an ordinance needs to be enacted to repeal Ordinance No.
2286, which is also invalid.
DISCUSSION
On June 28, 2011, as part of the 2011-2012 State of California budget bill, companion
bills Assembly Bill 1X 26 ("AB 26") and Assembly Bill 1X 27 ("AB 27") were enacted,
dissolving the Arcadia Redevelopment Agency ("Agency"), unless the City of Arcadia
("City"), by ordinance, elected to participate in the "Alternative Voluntary Redevelopment
Program" established by AB 27 and agreed to pay an annual "Community Remittance"
payment to the County of Los Angeles. On July 18, 2011, a Petition for Writ of Mandate
was filed in the Supreme Court of the State of California in the matter of California
Redevelopment Association, et al. v. Ana Matosantos, et al., Case No. S194861 ("Legal
Action"), challenging the constitutionality of AB 26 and AB 27 on behalf of cities,
counties and redevelopment agencies. On December 29, 2011, the Supreme Court
issued its opinion in the Legal Action, upholding AB 26 and- i alidating AB 27 and
dissolving all redevelopment agencies throughout the State, effect a February 1, 2012.
Staff Report
Ordinance 2294
February 21, 2012
Page 2
Pursuant to former AB 27, the City Council adopted Ordinance No. 2286, on August 2,
2011, agreeing to make the Community Remittance payment in order to avoid
dissolution of the Agency. As a result of the Supreme Court's opinion invalidating AB
27, Ordinance No. 2286 is invalid and needs to be repealed by ordinance.
ENVIRONMENTAL ASSESSMENT
Adoption of this Ordinance does not commit the City to any action that may have a
significant effect on the environment. As a result, such approval does not constitute a
project subject to the requirements of the California Environmental Quality Act.
FISCAL IMPACT
No City funds are involved with the adoption of this Ordinance.
RECOMMENDATION
It is recommended that the City Council move to introduce Ordinance No. 2294 of the
City of Arcadia, California, repealing Ordinance No. 2286 electing to participate in the
Alternative Voluntary Redevelopment Program pursuant to Health and Safety Code
Section 34192 et seq.
Approved: - -4
Donald Penman, City Manager
JK:pa
Attachment: Ordinance No. 2294