HomeMy WebLinkAbout2294 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, et 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because the authority under which the Ordinance was enacted is no longer valid.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 6th day of March , 2012.
aratAir
yor the City of Arcadia
ATTEST:
• y Clerk
APPROVED AS TO FORM:
;(5 /AE.,,
Stephen P. Deitsch
City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the
foregoing Ordinance No. 2294 was passed and adopted by the City Council of the City of
Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said
Council held on the 6th day of March, 2012 and that said Ordinance was adopted by the
following vote, to wit:
AYES: Council Members Amundson, Chandler, Harbicht, Segal and Kovacic
NOES: None
ABSENT: None
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' ity Cler o the ity of Arcadia
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