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Home My Public Portal AboutOrdinance 11-9471 1 ORDINANCE NO. 11 -947 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, DETERMINING TO COMPLY WITH THE ALTERNATIVE VOLUNTARY REDEVELOPMENT PROGRAM PURSUANT TO PART 1.9 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE IN ORDER TO PERMIT THE CONTINUED EXISTENCE AND OPERATION OF THE TEMPLE. CITY COMMUNITY REDEVELOPMENT AGENCY WHEREAS, the Temple City Community Redevelopment Agency ( "Agency ") is a redevelopment agency organized and existing under the California Community Redevelopment Law (Health & Safety Code § 33000 et seq.) ( "CRL ") and has been authorized to transact business and exercise the powers of a redevelopment agency pursuant to action of the City Council of the City of Temple City ( "City Council" or "City," as applicable); and WHEREAS, pursuant to the CRL, the City of Temple City approved and adopted via Ordinance No. 72 -350, a •Redevelopment Plan ( "Redevelopment Plan ") for the Rosemead Boulevard Project Area ( "Project "), and the Agency is vested with the responsibility for implementing and carrying out the Redevelopment Plan; and WHEREAS, the Agency is currently in the process of carrying out the goals and objectives of the Redevelopment Plan by continuing to: eliminate blight; increase, improve, and preserve the supply of affordable housing in the community; stimulate and expand economic growth and employment opportunities by revitalizing properties and businesses within the Project; and alleviate deficiencies in public infrastructure; and WHEREAS, in connection with approval and adoption of the State Budget for Fiscal Year 2011- 12, the California Legislature has approved, and the Governor has signed (i) ABX1 26 (Stats. 2011, chap. 5, "ABX1 26 "), which, immediately, and purportedly retroactively, suspends all otherwise legal redevelopment activities and incurrence of indebtedness, and dissolves redevelopment agencies effective October 1, 2011 (the "Dissolution Act "); and (ii) ABX1 27 (Stats. 2011, chap. 6, "ABX1 27 "), which allows communities to avoid the consequences of the Dissolution Act and continue their redevelopment agency if the community enacts an ordinance agreeing to comply with the alternative voluntary redevelopment program described in Section 2 of ABX1 27 adding Part 1.9 (commencing with section 34192) of Division 24 of the Health and Safety Code (the "Alternative Redevelopment Program "); and WHEREAS, the immediate suspension of activities and dissolution of the Agency under the provisions of ABX1 26 would result in the immediate of Agency efforts and programs to eliminate blight, provide affordable housing, provide economic assistance to businesses, and implement other programs which are assisting in the recovery of the City from the financial crisis and recession currently affecting the City and the State of California and thereby result in severe and unwarranted social and economic hardship to City residents, workers and businesses; and WHEREAS, because the City Council does not wish to immediately suspend activities of the Agency and wishes to continue to eliminate blight and promote economic development and affordable housing, the City Council has determined it is in the public interest of the City to take immediate action to participate in the ABX1 27 Alternative Redevelopment Program; and WHEREAS, the Alternative Redevelopment Program requires the participating communities to remit specific annual payments to the county auditor - controller for allocation to school entities and special districts; and WHEREAS, under the threat of dissolution pursuant to ABX1 26, and upon the contingencies and reservations set forth herein, the City shall participate in the Alternative Ordinance No. 11 -947 Page 2 Redevelopment Program and make the Fiscal Year 2011 -2012 community remittance, which the California state Department of Finance has determined to be one hundred ninety eight thousand one hundred seventy five dollars ($198,175), as well as the subsequent annual community remittances as set forth in ABX1 27; and WHEREAS, an action challenging the constitutionality of ABX1 26 and ABX1 27 was filed by the League of California Cities and the California Redevelopment Association on behalf of cities, counties and redevelopment agencies; and WHEREAS, in connection with that action, on August 11, 2011, the Supreme Court of California issued an order staying the effectiveness of ABX1 27; and WHEREAS, the order issued by the Supreme Court did not address the means by which a City would opt to participate in the Alternative Redevelopment Program if the order were to be dissolved at some point after the cut -off dates set forth in ABX1 27; and WHEREAS, the order issued by the Supreme Court appears to anticipate that any statutory deadlines in ABX1 27 would be extended to allow action after the statutory cut -off dates set forth in that legislation; and WHEREAS, while the City currently intends to make the community remittances, they shall be made under protest and without prejudice to the City's right to recover such amounts and interest thereon, in the event that there is a final determination that ABX1 26 and ABX1 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 ABX1 26 and ABX1 27; and WHEREAS, to the extent the Supreme Court or any court of competent jurisdiction enjoins, restrains, or grants a stay on the effectiveness of the Alternative Redevelopment Program's payment obligation of ABX1 26 and ABX1 27, the City shall not be obligated to make any community remittance for the duration of such injunction, restraint, or stay; and WHEREAS, the City is the lead agency concerning this Ordinance pursuant to the California Environmental Quality Act (codified as Public Resources Code Section 21000 et seq) ( "CEQA ") and the State CEQA Guidelines; and WHEREAS, City staff has determined that this Ordinance is exempt from CEQA, pursuant to CEQA Guidelines Section 15378(b)(4), because the community remittances authorized hereunder are a government funding mechanism and fiscal activity, and do not involve any commitment to any specific project that may result in a potentially significant environmental impact; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred; 1 1 1 1 Ordinance No. 11 -947 Page 3 NOW, THEREFORE, the City Council of the City of Temple City does hereby ordain as follows: Section 1. herein. Recitals. The Recitals set forth above are true and correct and incorporated Section 2. Participation in the Alternative 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 comply with the provisions of Part 1.9 of Division 24 of the Health and Safety Code, as enacted by ABX1 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 section 34194 et seq. Section. 4. Effect of Stay or Determination of Invalidity. City shall not make any community remittance while the Supreme Court's order staying the effectiveness of ABX1 27 is in effect. City shall..also not make such remittance in the event a court of competent jurisdiction determines that ABX1-26= and 'ABX1 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 made following dissolution of the Supreme Court's order staying the effectiveness of ABX1 27 but before a final determination in the matter giving rise to the stay 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 ABX1 26 and ABX1 27 are unconstitutional. If there is a final determination that ABX1 26 and ABX1 27 are invalid, this Ordinance shall be deemed to be null and void and of no further force or effect. 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`vin ABX1 27. Section 6. Additional Understandings and Intent. It is the understanding and intent of the City Council that, once the Agency is again authorized to enter into agreements under the CRL, the City will enter into an agreement with the Agency as authorized pursuant to Section 34194.2. 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. Section 7. CEQA. The City Council finds, under Title 14 of the California Code of Regulations, Section 15378(b)(4), that this Ordinance is exempt from the requirements of the California Environmental Quality Act ( "CEQA ") in that it is not a "project," but instead consists of the creation and continuation of a governmental funding mechanism for potential future projects and programs, and does not commit funds to any specific project or program that may result in a potentially significant environmental impact. Section 8. Notice of Exemption. The City Council hereby authorizes and directs that a Notice of Exemption be filed with the County Clerk of the County of Los Angeles, California, in accordance with CEQA Guidelines. Ordinance No. 11 -947 Page 4 Section 9. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at the City Clerk's office located at City Hall, 9701 Las Tunas Dr., Temple City, California 91780. The custodian for these records is the City Clerk. Section 10. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof. Section 11. Publication. Within 15 days of adoption of this Ordinance, the City Clerk shall certify to the adoption of this Ordinance and cause it to be published in a newspaper of general circulation printed and published within the City of Temple City, in accordance with Government Code § 36933. Section 12. Effective Date. This Ordinance shall become effective either thirty (30) days from adoption of this Ordinance or on the date the Supreme Court of California issues an order or decision that has the effect of dissolving or mooting the stay of ABX1 27, whichever is later. Section 13. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published according to law. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temple City, this 15th day of November, 2011. ATTEST: CITY CLERK() CITY ATTORNEY 1 1 1 1 Ordinance No. 11 -947 Page 5 I, City Clerk of the City of Temple City, do hereby certify that the foregoing Ordinance No. 11 -947 was introduced at the regular meeting of the City Council of the City of Temple City held on the 15` day of November, 2011, and was duly passed, approved and adopted by said Council at the regular meeting held on the 15th day of November, 2011, by the following vote: AYES: Councilmember -Blum, Sternquist, Vizcarra, Yu, Chavez NOES: Councilmember -None ABSENT: Councilmember -None ABSTAIN: Councilmember -None City Clerk z. 1 )2_41,,tuf_e.,P,