HomeMy WebLinkAbout653ORDINANCE NO. 653
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE, 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
IRWINDALE COMMUNITY REDEVELOPMENT AGENCY
WHEREAS, the City Council of the City of Irwindale ("City") approved and adopted the
Nora Fraijo Redevelopment Project Area by Ordinance No. 272 of the City Council of City on
January 10, 1974, as extended by Ordinance No. 578 of the City Council on December 16,
2003 and as amended from time to time ("Nora Fraijo Project Area"), which results in the
allocation of taxes from the Nora Fraijo Project Area to the Irwindale Community
Redevelopment Agency (the "Agency") for purposes of redevelopment; and
WHEREAS, the City Council of the City adopted the Parque Del Norte Redevelopment
Project Area on April 15, 1976 by Ordinance No. 299 of the City Council, as extended by
Ordinance No. 578 and as amended from time to time (the "Parque Del Norte Project Area"),
which results in the allocation of taxes from the Parque Del Norte Project Area to the Agency
for purposes of redevelopment; and
WHEREAS, the City Council of the City adopted the City Industrial Development
Redevelopment Project Area on July 19, 1976 by Ordinance No. 302 of the City Council, as
said plan has been amended from time to time (the "City Industrial Development Project
Area" and, together with Nora Fraijo Project Area and Parque Del Norte Project Area, the
"Project Areas"), which results in the allocation of taxes from the City Industrial Development
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
Ordinance No. 653
Page 1
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, currently set by the Department of Finance as Four Million
Three Hundred Fourteen Thousand Five Hundred Ten Dollars ($4,314,510), 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 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.
Ordinance No. 653
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE,
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.
Ordinance No. 653
Page 3
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.
PASSED, APPROVED, AND ADOPTED this 24 th day of August 2011.
anuel Garcia, Mayor
Ordinance No. 653
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ura M. Nieto, CMC
eputy City Clerk
a M. Nieto, CMC
uty City Clerk
ATTEST:
} ss.
ura M. Nieto, Deputy City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF IRWINDALE
I, Laura M. Nieto, Deputy City Clerk of the City of Irwindale, do hereby certify that the
foregoing Ordinance No. 653 was duly introduced at a regular meeting of the Irwindale City
Council held on the 10 th day of August 2011, and was duly approved and adopted on second
reading at its regular meeting held on the 24 th day of August 2011, by the following vote of
the Council:
AYES: Councilmembers: Breceda, Burrola, Fuentes, Ortiz, Mayor Garcia
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
AFFIDAVIT OF POSTING
I, Laura M. Nieto, Deputy City Clerk, certify that I caused a copy of Ordinance No. 653, adopted by the City
Council of the City of Irwindale at its regular meeting held August 24, 2011, to be posted at the City Hall, Library,
and Pt Office on August 25, 2011.
Dated: August 25, 2011
Ordinance No. 653
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