HomeMy WebLinkAboutORD 05-2011ORDINANCE NO. 05(2011)
AN ORDINANCE DETERMINING THAT THE CITY AND THE DIAMOND
BAR REDEVELOPMENT AGENCY WILL 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 DIAMOND BAR
REDEVELOPMENT AGENCY.
The City Council of the City of Diamond Bar does hereby ordain as follows:
SECTION 1: The City Council finds and concludes as follows:
A. Th e Diamond Bar Redevelopment Agency ("Agency") is a subdivision of the
State of California ("State"), created pursuant to the provisions of the California
Community Redevelopment Law (Health and Safety Code §§ 33000, et seq.;
"CRL"). The Agency's Redevelopment Plan ("Plan") requires, among other
things, that the Agency take action to eliminate blight, promote affordable
housing, and seek to improve the public welfare through various means;
B. On July 1 5, 1997, the City Council approved the establishment of the Agency.
However, on April 27, 2000, in Beach Courchesne v. City of Diamond Bar, the
-- California Court of Appeals invalidated the Agency's sole project area;
C. The Agency currently receives no tax increment or other revenue from the State
or local property taxes;
D. The California Legislature recently enacted and the Governor signed, companion
bills AB X1 26 and AB X1 27 requiring that each redevelopment agency within
California be dissolved unless the community that created it enacts an ordinance
committing it to making certain payments;
E. Speci fically, 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;
F. 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 the Health and Safety Code;
G. The Alternative Voluntary Redevelopment Program requires that the community
agree by ordinance to comply with the provisions of AB X1 27, including paying
to the State any remittances required pursuant to Section 1.9;
H. Because the Agency currently receives no revenue, no remittance is owed of the
State to participate in the Alternative Voluntary Redevelopment Program;
1. The City desires to participate in the Alternative Voluntary Redevelopment
Program so that the Agency may continue to exist and carry out the provisions of
the CRL, to the extent it is authorized to do so;
J. The City understands that an action challenging the constitutionality of AB X1 26
and AB X1 27 has been filed by the California Redevelopment Association and
California League of Cities on behalf of cities, counties and redevelopment ---
agencies;
K. Adop tion of this Ordinance will be made under protest and without prejudice to
the City's right to challenge the legality of AB X1 26 and AB X1 27;
L. 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 is not obligated to make
any required community remittance, if any, for the duration of such injunction,
restraint, or stay; and
M. The City has duly considered all other related matters and has determined that
the City's participation in the Alternative Voluntary Redevelopment Program is in
the best interests of the City, and the health, safety and welfare of its residents,
in accord with the public purposes and provisions of applicable State and local
laws and requirements.
SECTION 2: Participating in the Alternative Voluntary Redevelopment Program.
In accordance with Health and Safety Code § 34193 the City Council determines that
the City will 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: Adoption Under Protest. Neither the adoption of this Ordinance nor the
performance of actions under or pursuant to this Ordinance is intended by the City or
Agency to waive any right either may have to challenge the legality of all or any portion
of AB X1 26 or AB X1 27 through administrative or judicial proceedings or otherwise
contest the remittance amount, if any, for any subsequent year. If there is a final
determination that AB X1 26 and AB X1 27 are invalid, this Ordinance is deemed to be
null and void and of no further force or effect.
SECTION 4: Authorization. The City Council authorizes and directs the City Manager
to take any action and execute any documents necessary to implement this Ordinance,
including, without limitation, 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.
SECTION 5: CEQA. This Ordinance is exempt from review under the California
Environmental Quality Act (California Public Resources Code §§ 21000, et seq.,
"CEQA") and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.)
because it establishes rules and procedures to implement government funding
mechanisms; does not involve any commitment to a specific project which could result
in a potentially significant physical impact on the environment; and constitutes an — -
organizational or administrative activity that will not result in direct or indirect physical
changes in the environment. Accordingly, this Ordinance does not constitute a "project"
that requires environmental review (see specifically 14 CCR § 15378(b)(4-5)).
SECTION 6: Notice of Exemption. The City Clerk is hereby directed to file a Notice of
Exemption with the County Clerk pursuant to 14 California Code of Regulations Section
15062 wihtin five days of the adoption of this Ordinance.
SECTION 7: Custodian of Records. The documents and materials that constitute the
record of proceedings on which these findings are based are located at the City Clerk's
office. The custodian for these records is the City Clerk.
SECTION 8: Validity of Previous Legislative Actions. Nothing in this Ordinance is
intended to supersede or repeal previous legislative actions regarding the
establishment, continuation, merging, reconstitution or governance of the Agency. This
Ordinance is adopted solely for the purpose of ensuring the ongoing existence of the
Agency. If this entire Ordinance or its application is deemed invalid by a court of
competent jurisdiction or there is a final determination that AB X1 26 and AB X1 27 are
invalid, all previous legislative actions by or relating to the Agency remains in full force
and effect for all purposes.
SECTION 9_ Sevc-rabiiity. If any part of this Ordinance or its application is deemed
invalid by a'court of competent jurisdiction, the city council intends that such invalidity
will not affect the effectiveness of the remaining provisions or applications and, to this
end, the provisions of this Ordinance are severable. However, if a portion is severed
that would result in the City not being able to maintain control over the Agency then the
City has no obligation to make the initial or annual payments referred to herein.
SECTION 10: Posting. The City Clerk must certify as to the adoption of this ordinance
and cause the summary thereof to be posted within fifteen calendar (15) days of the
adoption and post a certified copy of this ordinance, including the vote for and against
the same, in the office of the City Clerk, in accordance with Government Code § 36933,
for the City of Diamond Bar.
SECTION 11: Effective Date. This Ordinance will take effect on the 31st day following
its final passage and adoption.
PASSED, APPROVED AND ADOPTED this 20th day e tember 2011.
Steve Tye, Mayor
I, Tommye Cribbins, City Clerk of the City of Diamond Bar do hereby certify that the
foregoing Ordinance was introduced at a regular meeting of the City Council of the City
of Diamond Bar held on the 16th day of August, 2011, and was finally passed at the
regular meeting of the City Council of City of Diamond Bar held on the 20th day of
September, 2011, by the following vote:
AYES: Council Members: Everett, Herrera, Tanaka,
MPT/Chang, M/Tye
NOES: Council Members: None
ABSENT: Council Members: None
ABSTAIN: Council Members: None
GAL
Tommy6 Cribbins; City Clerk