HomeMy Public PortalAboutOrd. 1643ORDINANCE NO. 1643
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
CALIFORNIA DETERMINING IT WILL COMPLY WITH THE VOLUNTARY
ALTERNATIVE REDEVELOPMENT PROGRAM PURSUANT TO PART 1.9 OF
DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE TO PERMIT THE
CONTINUED EXISTENCE AND OPERATION OF THE REDEVELOPMENT AGENCY
OF THE CITY OF LYNWOOD
WHEREAS, the City Council of the City of Lynwood ( "City ") approved and
adopted the adopted Redevelopment Project Area A on July 10, 1973 by Ordinance No.
945 of the City Council, as said plan has been amended from time to time ( "Project Area
"A " "), which results in the allocation of taxes from Project Area "A" to the Lynwood
Redevelopment Agency (the "Agency ") for purposes of redevelopment; and
WHEREAS, the City Council of the City adopted the Alameda Redevelopment
Project Area on November 3, 1975 by Ordinance No. 993 of the City Council, as said
plan has been amended from time to time (the "Alameda Project Area" and, together
with Project Area "A ", the "Project Areas "), which results in the allocation of taxes from
the Alameda Project Area to the Agency for purposes of redevelopment; and
WHEREAS, the Agency is engaged in activities to execute and implement the
Redevelopment Plan for the Project Areas ( "Redevelopment Plans ") pursuant to the
provisions of the California Community Redevelopment Law (Health and Safety Code
Section 33000, et seq.) ( "CRL "); and
WHEREAS, since adoption of the Redevelopment Plans, the Agency has
undertaken redevelopment projects in the Project Areas to eliminate blight, to improve
public facilities and infrastructure, to renovate and construct affordable housing, and to
enter into partnerships with private industries to create jobs and expand the local
economy; and
WHEREAS, over the next few years, the Agency hopes to implement a variety
of redevelopment projects and programs to continue to eliminate and prevent blight,
stimulate and expand the Project Areas' economic growth, create and develop local job
opportunities and alleviate deficiencies in public infrastructure, to name a few; and
WHEREAS, as part of the 2011 -12 State budget bill, the California Legislature
has recently enacted and the Governor has signed, companion bills AB X1 26 and AB
X1 27, requiring that each redevelopment agency be dissolved unless the community
that created it enacts an ordinance committing it to making certain payments; and
WHEREAS, specifically, AB X1 26 prohibits agencies from taking numerous
actions, effective immediately and purportedly retroactively, and additionally provides
that agencies are deemed to be dissolved as of October 1, 2011; and
WHEREAS, AB X1 27 provides that a community may participate in an
"Alternative Voluntary Redevelopment Program," in order to enable a redevelopment
agency within that community to remain in existence and carry out the provisions of the
CRL, by enacting an ordinance agreeing to comply with Part 1.9 of Division 24 of the
Health and Safety Code; and
WHEREAS, the Alternative Voluntary Redevelopment Program requires that the
community agree by ordinance to remit specified annual amounts to the county auditor -
controller; and
WHEREAS, under the threat of dissolution pursuant to AB X1 26, and upon the
contingencies and reservations set forth herein, the City shall make the Fiscal Year
2011 -2012 community remittance, and Fiscal year 2012 -2013 community remittance,
as well as the subsequent annual community remittances as set forth in the CRL; and
WHEREAS, the City reserves the right to appeal the California Director of
Finance's determination of the Fiscal Year 2011 -12 and Fiscal Year 2012 -2013
community remittance, as provided in Health and Safety Code Section 34194; and
WHEREAS, City understands and believes that an action challenging the
constitutionality of AB X1 26 and AB X1 27 will be filed on behalf of cities, counties and
redevelopment agencies; and
WHEREAS, while the City currently intends to make these community
remittances, they shall be made under protest and without prejudice to the City's right to
recover such amounts and interest thereon, to the extent there is a final determination
that AB X1 26 and AB X1 27 are unconstitutional; and
WHEREAS, the City reserves the right, regardless of any community remittance
made pursuant to this Ordinance, to challenge the legality of AB X1 26 and AB X1 27;
and
WHEREAS, to the extent a court of competent jurisdiction enjoins, restrains, or
grants a stay on the effectiveness of the Alternative Voluntary Redevelopment
Program's payment obligation of AB X1 26 and AB X1 27, the City shall not be obligated
to make any community remittance for the duration of such injunction, restraint, or stay;
and
WHEREAS, all other legal prerequisites to the adoption of this Ordinance have
occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
Section 1. Recitals. The Recitals set forth above are true and correct and
incorporated herein by reference.
Section 2. Participation in the Alternative Voluntary Redevelopment Program.
In accordance with Health and Safety Code Section 34193, and based on the Recitals
set forth above, the City Council hereby determines that the City shall, to the extent
required by law, comply with the provisions of Part 1.9 of Division 24 of the Health and
Safety Code, as enacted by AB X1 27.
Section 3. Payment Under Protest. Except as set forth in Section 4, below,
the City Council hereby determines that the City shall make the community remittances
set forth in Health and Safety Code Sections 34194, et seq.
Section 4. Effect of Stay or Determination of Invalidity. The City shall not
make any community remittance in the event a court of competent jurisdiction either
grants a stay on the enforcement of AB X1 26 and /or AB X1 27 or determines that AB
X1 26 and /or AB X1 27 are unconstitutional and therefore invalid, and all appeals
therefrom are exhausted or unsuccessful, or time for filing an appeal therefrom has
lapsed. Any community remittance shall be made under protest and without prejudice
to the City's right to recover such amount and interest thereon in the event that there is
a final determination that AB X1 26 and /or AB X1 27 are unconstitutional. If there is a
final determination that AB X1 26 and /or AB X1 27 are invalid, this Ordinance shall be
deemed to be null and void and of no further force or effect. This Ordinance shall not
effect or give rise to any waiver of rights or remedies that the City may have, whether in
law or in equity, to challenge AB X1 26 or AB X1 27. This Ordinance shall not be
construed as the City's willing acceptance of, or concurrence with, either AB X1 26 or
AB X1 27; nor does this Ordinance evidence any assertion or belief whatsoever on the
part of the City that said bills are constitutional or lawful.
Section 5. Implementation. The City Council hereby authorizes and directs
the City Manager to take any action and execute any documents necessary to
implement this Ordinance, including but not limited to notifying the Los Angeles County
Auditor - Controller, the Controller of the State of California, and the California
Department of Finance of the adoption of this Ordinance and the City's agreement to
comply with the provisions of Part 1.9 of Division 24 of the Health and Safety Code, as
set forth in AB X1 27.
Section 6. Additional Understandings and Intent. It is the understanding and
intent of the City Council that the City will enter into an agreement with the Agency as
authorized pursuant to Section 34194.2, whereby the Agency will transfer annual
portions of its tax increment to the City in amounts not to exceed the annual community
remittance payments to enable the City, directly or indirectly, to make the annual
remittance payments. The City Council does not intend, by enactment of this
Ordinance, to pledge any of its general fund revenues or assets to make the remittance
payments. The City reserves the right to withdraw from making the payments required
by AB X1 27 should the amount of such payments (as will be determined by the State
Department of Finance) prove to be in excess of the City's available funds not otherwise
obligated for other uses.
Section 7. Severability. If any section, subsection, sentence, clause, or
phrase of this ordinance is for any reason held to be invalid or unconstitutional by a
decision of any court of any competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this ordinance. The City Council hereby declares
that it would have passed this ordinance, and each and every section, subsection,
sentence, clause and phrase thereof not declared invalid or unconstitutional without
regard to whether any portion of the ordinance would be subsequently declared invalid
or unconstitutional.
Section 8. Certification: Publication. This ordinance shall take effect 30 days
after its final passage, and within fifteen (15) days after its passage, the City Clerk shall
cause it to be posted as required by law, and hereby designated for that purpose.
Section 9. Effective Date. This Ordinance shall become effective thirty (30)
days from its adoption.
First read at a regular meeting of the City Council held on the 2nd day of August, 2011
and adopted and ordered published at a regular meeting of said Council held on the 16th
day of August, 2011.
PASSED, APPROVED, and ADOPTED this 16th day of August, 2011.
ATTEST:
Maria Quinonez, City Clerk
APPROVED AS TO FORM:
)U0-11
Fred Galante, City Attorney
Aide Castro, Mayor
'•MO- - .�-
APPROVED AS TO CONTENT:
aria Quinonez, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the
above and foregoing Ordinance was duly adopted by the City Council of the City of
Lynwood at its regular meeting held on the 16th day of August, 2011.
AYES: COUNCIL MEMBERS FLORES, RODRIGUEZ, SANTILLAN, MORTON
AND CASTRO
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Maria Quinonez, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City
Council of said City, do hereby certify that the above and foregoing is a full, true and
correct copy of Ordinance No. 1643 in my office and that said Ordinance was adopted
on the date and by the vote therein stated. Dated this 16th day of August, 2011.
Maria Quinonez, City Clerk