HomeMy WebLinkAbout2011 039 CC RESO CITY OF BALDWIN PARK
RESOLUTION NO. 2011-039
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF BALDWIN PARK STATING THE CITY'S INTENTION
TO MAKE REMITTANCES REQUIRED BY ABX1 27 IN
ORDER TO AVOID DISSOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF
BALDWIN PARK
WHEREAS, on July 3, 1974, the City Council of the City of Baldwin Park (the
"City") activated the Redevelopment Agency of the City of Baldwin Park by adoption of
Ordinance No. 684 (the "Agency") and on July 21, 2004, deactivated the Agency and
activated the Community Development Commission of the City of Baldwin Park
("Commission") by adoption of Ordinance No. 1239; and
WHEREAS, the Commission, through the exercise of its powers under the
California Community Redevelopment Law (Health & Safety Code §§ 33000 et seq.)
("CRL") has made major contributions to the physical and economic development of the
City and has strengthened the City's ability to meet the needs of its citizens and
contributed to the quality of life throughout the City; and
WHEREAS, the California Legislature has adopted, and the Governor has signed
ABX1 26 (2011) and ABX1 27 (2011), legislation that would dissolve the Commission
effective as of October 1, 2011, unless the City agrees to make certain payments to the
State Department of Finance and the County Auditor-Controller; and
WHEREAS, now that the Governor has signed ABX1 26, redevelopment
agencies' powers purportedly are suspended and redevelopment agencies purportedly
are now prohibited from taking a number of actions, including making loans and
entering into or modifying contracts; and
WHEREAS, Section 34193, subdivision (a), of the California Health & Safety
Code, as added by ABX1 27, states a city must adopt an ordinance on or before
November 1, 2011, declaring the city will make the payments required by ABX1 27 to
avoid the suspension of its community development commission's powers and the
dissolution of its community development commission; and
WHEREAS, Section 34193, subdivision (b), of the California Health & Safety
Code, as added by ABX1 27, permits a city that intends to adopt an ordinance declaring
it will make the required payments to adopt a non-binding resolution stating the city
intends to adopt such an ordinance; however, at this time, the exact amounts of such
required payments are unknown, but will be calculated by the State Department of
Finance prior to August 1, 2011; and
WHEREAS, the adoption of the non-binding resolution of intent described above
would allow the community development commission to continue carrying out its
business, despite the enactment of ABX1 26.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BALDWIN PARK AS FOLLOWS:
SECTION 1. The above recitals are true and correct and incorporated herein by
this reference.
SECTION 2. Based on the foregoing recitations and all evidence presented to
and considered by the City Council, and in accordance with Health and Safety Code
Section 34193, subdivision (b), the City Council hereby declares by this non-binding
resolution it intends to adopt an ordinance (the "Ordinance") on or before November 1,
2011 declaring it will make the payments required by ABX1 27.
SECTION 3. This non-binding resolution of intent in no way warrants or
guarantees any payment of money by the City to any other entity, and the City reserves
the right to withdraw from making the payments required by ABX1 27 if 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 4. This non-binding resolution shall in no way be construed as
requiring the City to abide by ABX1 26 or ABX1 27 in the event either, or both, bills are
found unconstitutional or otherwise legally invalid in whole or in part, nor shall this
resolution effect or give rise to any waiver of rights or remedies the City may have,
whether in law or in equity, to challenge ABX1 26 or ABX1 27. This resolution shall not
be construed as the City's willing acceptance of, or concurrence with, either ABX1 26 or
ABX1 27; nor does this resolution evidence any assertion or belief whatsoever on the
part of the City the bills are constitutional or lawful.
SECTION 5. The Mayor, City Manager, City Treasurer and City Clerk of the City
are hereby authorized to take all action necessary to effectuate this Resolution.
SECTION 6. The Mayor, or presiding officer, is hereby authorized to affix his
signature to this Resolution signifying its adoption by the City Council of the City of
Baldwin Park, and the City Clerk, or her duly appointed deputy, is directed to attest
thereto.
SECTION 7. The City Clerk is hereby ordered to and notify the State Department
of Finance, the State Controller, and the county auditor-controller before October 1,
2011, concerning the passage of this resolution.
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE
CITY OF BALDWIN PARK THIS 3rd DAY OF AUGUST 201 .
Manuel Loz. o, Mayor
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ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS
CITY OF BALDWIN PARK
I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that
the foregoing resolution was duly and regularly approved and adopted by the City Council
of the City of Baldwin Park at a regular meeting thereof held on August 3, 2011, by the
following vote:
AYES: COUNCIL MEMBERS: Monica Garcia, Susan Rubio, Ricardo Pacheco
Mayor Pro Tem Marlen Garcia,
Mayor Manuel Lozano
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
I Yj
ALEJANDRA AVILA
CITY CLERK
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