HomeMy WebLinkAboutORD 1347 ORDINANCE NO. 1347
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK DETERMINING TO COMPLY WITH THE
VOLUNTARY ALTERNATIVE 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 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 City has approved and adopted redevelopment plans
("Redevelopment Plan") for the West Ramona Boulevard, Puente-Merced, San Gabriel
River, Central Business District, Delta, and Sierra Vista Redevelopment Project Areas
covering certain properties within the City (the "Project Areas"); and
WHEREAS, the Commission is engaged in activities to execute and implement
the Redevelopment Plans pursuant to the provisions of the California Community
Redevelopment Law (Health and Safety Code § 33000, et seq. and § 34100, et seq)
("CRL"); and
WHEREAS, the Commission 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 Commission 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
WHEREAS, as part of the 2011-12 State budget bill, the California Legislature
has recently enacted, and the Governor has signed, companion bills AB1X 26 and
AB1X 27, requiring that each redevelopment agency be dissolved, and each community
development commission be stripped of its redevelopment powers and authority, unless
the community that created it enacts an ordinance committing it to making certain
payments; and
Ordinance No. 1347 - Page 2
WHEREAS, specifically, AB1X 26 prohibits redevelopment agencies and
community development commissions from taking numerous actions, effective
immediately and purportedly retroactively, and additionally provides that redevelopment
agencies are deemed to be dissolved, and community development commissions
stripped of their redevelopment powers and authority, as of October 1, 2011; and
WHEREAS, the Commission functions solely as the City's redevelopment
agency making stripping it of its redevelopment powers and authority functionally the
same as dissolving it; and
WHEREAS, AB1X 27 provides that a community may participate in an
"Alternative Voluntary Redevelopment Program," in order to enable a redevelopment
agency or a community development commission within that community to remain in
existence and continue to 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 to remit specified annual amounts to the county auditor-controller and
adopt an ordinance stating it will remit such amounts; and
WHEREAS, under the threat of dissolution of the Commission pursuant to AB1X
26, and upon the contingencies and reservations set forth herein, the City shall make
the Fiscal Year 2011-2012 community remittance, currently estimated to be Two Million
One Hundred Six Thousand Six Hundred Sixty-Nine Dollars ($2,106,669), 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, the City understands and believes that an action challenging the
constitutionality of AB1X 26 and AB1X 27 has been filed by the California
Redevelopment Association, the League of California Cities and others, on behalf of
cities, counties, redevelopment agencies and community development commissions;
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 AB1X 26 and AB1X 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 AB1X 26 and AB1X 27;
and
Ordinance No. 1347- Page 3
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 provisions of AB1X 26 and AB1X 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.
NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby
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 or permitted by law, comply with the provisions of Part 1.9 of Division 24 of the
Health and Safety Code, as enacted by AB1X 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 in the event a court of competent jurisdiction either grants a
stay on the enforcement of AB1X 26 and AB1X 27 or determines that AB1X 26 and
AB1X 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 AB1X 26 and AB1X 27 are unconstitutional. If there is a final
determination that AB1X 26 and AB1X 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 ABX1 26 or ABX1 27. This Ordinance shall not be construed as
the City's willing acceptance of, or concurrence with, either ABX1 26 or ABX1 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 Chief Executive Officer 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
Ordinance No. 1347- Page 4
comply with the provisions of Part 1.9 of Division 24 of the Health and Safety Code, as
set forth in AB1 X 27.
SECTION 6. Additional Understandings and Intent. It is the understanding and
intent of the City Council that, following the effective date of this Ordinance,the City will
enter into an agreement with the Commission as authorized pursuant to Section
34194.2, whereby the Commission will transfer 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 ABX1 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 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 8. Effective Date. This ordinance shall go into affect and be in full
force and operation from and after thirty (30) days after its final reading and adoption.
PASSED AND APPROVED ON THE 7th thy of Septemb- 2011
Ale.
MAN, - ar 0, MAYOR
ATTEST: j
ALEJ' Ni- s AVILA,
CITY CLERK
Ordinance No. 1347- Page 5
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 ordinance was regularly introduced and placed upon its first reading at a
regular meeting of the City Council on August 3, 2011. That there after said
Ordinance No. 1347 was duly approved and adopted at a regular meeting of the City
Council on September 7, 2011 by the following vote:
AYES: COUNCILMEMBER: Monica Garcia, Susan Rubio,
Ricardo Pacheco, Mayor Pro Tem
Marlen Garcia, Mayor Manuel
Lozano
NOES: COUNCILMEMBER: None
ABSENT: COUNCILMEMBER: None
ABSTAIN: COUNCILMEMBER: None
(IA--
ALEJANDP4A AVILA
CITY CLERK