HomeMy WebLinkAbout655ORDINANCE NO. 655
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE,
CALIFORNIA REPEALING ORDINANCE NO. 653 ELECTING TO COMPLY
WITH THE VOLUNTARY ALTERNATIVE REDEVELOPMENT PROGRAM
PURSUANT TO HEALTH AND SAFETY CODE SECTIONS 34192 ET SEQ.
WHEREAS, pursuant to the California Community Redevelopment Law (Health and
Safety Code Sections 33000 et seq.) ("CRL"), the City Council of the City of Irwindale ("City")
formed the Irwindale Community Redevelopment Agency and, on January 10, 1974, adopted
the Nora Fraijo Redevelopment Project Area by Ordinance No. 272 of the City Council, as
amended, adopted the Parque Del Norte Redevelopment Project Area on April 15, 1976 by
Ordinance No. 299 of the City Council, as amended, and adopted the City Industrial
Development Redevelopment Project Area on July 19, 1976 by Ordinance No. 302 of the City
Council, as amended; and
WHEREAS, as part of the 2011-12 State budget bill, the California Legislature enacted
and the Governor signed, companion bills ABX1 26 (Chapter 5, Statues of 2011) and ABX1
27 (Chapter 6, Statutes of 2011), requiring that each redevelopment agency be dissolved
unless the community that created it enacts an ordinance committing it to making certain
payments; and
WHEREAS, ABX1 27 provided that a community may participate in a "Voluntary
Alternative 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, on August 24, 2011, the City Council of the City adopted Ordinance No.
653 determining that the City will comply with the Voluntary Alternative Redevelopment
Program under ABX1 27 to permit the continued existence and operation of the Irwindale
Community Redevelopment Agency ("Agency"); and
WHEREAS, the California Redevelopment Association and League of California Cities
filed a lawsuit against the State Director of Finance, Ana Matosantos et al., challenging the
constitutionality of AB X1 26 and AB X1 27; and
WHEREAS, on December 29, 2011, the California Supreme Court issued its opinion in
the case California Redevelopment Association, et al. v. Ana Matosantos, et al., Case No.
S196861, upholding the validity of ABX1 26 and invalidating ABX1 27; and
WHEREAS, to maintain a clear administrative record and avoid future confusion or
misinterpretation of the events involving the dissolution of the Agency under ABX1 26, it is
appropriate for the City Council to repeal Ordinance No. 653 involving an obsolete statute.
Ordinance No. 655
Page 1
?(
ura M. Nieto, CMC
eputy City Clerk
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. Repeal of Ordinance No. 653. Based on the Recitals set forth above, the
City Council hereby repeals Ordinance No. 653.
Section 3. 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 11 th clay of April 2012.
David "Chico" Fuentes, Mayor
ST:
Ordinance No. 655
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ra M. Nieto, CMC
puty City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
} ss.
CITY OF IRWINDALE
I, Laura M. Nieto, Deputy City Clerk of the City of Irwindale, do hereby certify that the
foregoing Ordinance No. 655 was duly introduced at a regular meeting of the Irwindale City
Council held on the 28 th day of March 2012, and was duly approved and adopted on second
reading at its regular meeting held on the 11 th day of April 2012, by the following vote of the
Council:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Breceda, Garcia, Ortiz, Miranda, Mayor Fuentes
None
None
None
AFFIDAVIT OF POSTING
I, Laura M. Nieto, Deputy City Clerk, certify that I caused a copy of Ordinance No. 655, adopted by the City
Council of the City of Irwindale at its regular meeting held April 11, 2012, to be posted at the City Hall, Library,
andPpst Office on April 12, 2012.
Dated: April 12, 2012
Ordinance No. 655
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