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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 Page 2 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 Page 3