HomeMy WebLinkAbout2011-09-13; City Council; CS-156; ALTERNATIVE VOLUNTARY REDEVELOPMENT PROGRAM...1
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3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING THE CITY OF
4 CARLSBAD TO PARTICIPATE IN THE ALTERNATIVE
VOLUNTARY REDEVELOPMENT PROGRAM, SUBJECT TO
CERTAIN CONDITIONS AND RESERVATIONS5
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ORDINANCE NO. cs-156
WHEREAS, Assembly-Bill x1 27 ("AB 27") has been enacted and is codified
8 as Part 1.9 of the California Health and Safety Code ("Part 1.9"); and
9 WHEREAS, AB 27, with the concurrent enactment of Assembly Bill x1 26
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("AB 26"), establishes a voluntary alternative redevelopment program whereby the11
Carlsbad Redevelopment Agency ("Agency") would be authorized to continue to
exist upon the enactment of an ordinance by the City to comply with the provisions
of Part 1.9; and
WHEREAS, AB 27 requires the City to notify the County Auditor-
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Controller ("County"), the State Controller, and the State Department of Finance
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WHEREAS, AB 27 requires the City to make specified remittances to the
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County in order to continue the existence of the Agency, as prescribed in Part 1.9;
Agency, whereby the Agency would transfer a portion of its tax increment to the
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and
WHEREAS, AB 27 authorizes the City to enter into an agreement with the
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City for the purpose of financing certain activities within the City's redevelopment
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areas, as specified in Part 1.9; and
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WHEREAS, AB 27 imposes specified sanctions on the City in the event
28 that the City fails to make the required remittances, as determined by the State
Director of Finance; and
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2 exceed the reasonable costs to the County auditor-controller to implement the
3 provisions of Part 1.9; and
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WHEREAS, AB 27 authorizes the City to establish a new redevelopment
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agency if its former agency has been dissolved pursuant to SB 15 only after the6
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10 California League of Cities and the California Redevelopment Association have
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respectively opined that certain or all provisions of AB 26 and AB 27 violate the
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State Constitution and other laws (collectively, "Laws"); and
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WHEREAS, the City Council does not intend, by enactment of this
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WHEREAS, AB 27 authorizes the County to charge a fee that does not
debt obligations of the Agency have been retired and the City satisfies the
provisions of Part 1.9; and
WHEREAS, it is hereby acknowledged by the City Council that the
Ordinance, to waive any constitutional and/or legal rights by virtue of the
enactment of this Ordinance and, therefore, reserves all of its rights under Laws to
challenge the validity of any or all provisions of AB 26 and AB 27 in any
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administrative or judicial proceeding and/or repeal this ordinance, without
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prejudice to the City's right to recover any amounts remitted under Part 1.9; and
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WHEREAS, the City Council does not intend, by enactment of this
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Ordinance, to pledge any of its general fund revenues or other assets, to make the
remittance payments contemplated by Part 1.9, it being understood by the City
Council that any remittance payments will be funded solely from Agency funds
and/or assets transferred to the City in accordance with Part 1.9;
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WHEREAS, the City Council does not intend, by enactment of this
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Ordinance to waive any rights of appeal regarding the amount of any remittance
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established by the Department of Finance, as provided in Part 1.9.
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NOW, THEREFORE, the City Council of the City of Carlsbad, California
2 does ordain as follows:
3 SECTION 1. Authorization to Continue Agency. Subject to Sections 3 and
4 4, herein, the City hereby commits to comply with and make the remittances
required by Part 1.9, and authorize the continuation of the Agency after enactment
of AB 27. Any remittance payments required to be paid by the City by Part 1.9
shall be paid solely from Agency funds and/or assets transferred to the City in
6 accordance with Part 1.9.
7 SECTION 2. Application. If any provisions of this Ordinance or the
8 application thereof is held to be invalid for any reason, the remainder of this
Ordinance and the application of provisions thereof shall not be affected thereby.
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SECTION 3. Reservation of Rights. It is the position of the City that certain
or all provisions of AB 26 and AB 27 violate the Laws, as referenced in the recitals,
above, and are invalid and unenforceable. Neither the adoption of this Ordinance,
nor the acknowledgment of or references to any provisions of AB 26 and AB 27,
nor the City's payment of any remittances contemplated by AB 27 shall be
deemed to be, nor are they intended as, an acknowledgment of the validity of AB
26 and AB 27, and the City reserves all rights in its sole discretion to challenge the
validity of any or all provisions of AB 26 and AB 27 in any administrative or judicial
proceeding and/or repeal this ordinance, without prejudice to the City's right to
recover any amounts remitted under Part 1.9.
SECTION 4. Enactment. This Ordinance shall only be deemed as "enacted"
within the meaning of Part 1.9 upon (i) adoption of this Ordinance and (ii) the legally
effective date of AB 26 and AB 27.
1 ft SECTION 5. Authorization of Implementing Actions. The City Manager is
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19 hereby authorized to take any actions necessary to implement this Ordinance and
comply with Part 1.9, including without limitation, providing required notices to the
Auditor Controller, the State Controller, and the Department of Finance; entering into
any agreements with the Agency to make the remittance payments; or making any
remittance payments.
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EFFECTIVE DATE: This ordinance shall be effective thirty days after its
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adoption; and the City Clerk shall certify the adoption of this ordinance and cause it
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to be published at least once in a newspaper of general circulation in the City of
Carlsbad within fifteen days after its adoption.
OPERATIVE DATE: The California Supreme Court has stayed portions of
AB 26 and AB 27 and this Ordinance shall not become operative until the California
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Supreme Court dissolves the stay, determines that all of the provisions of AB 26 and
AB 27 are lawful and confirmed in writing by the General Counsel of the Carlsbad
Redevelopment Agency.
INTRODUCED AND FIRST READ at a Joint Special Meeting of the Carlsbad
City Council and Housing and Redevelopment Commission on the 23rd day of
August 2011, and thereafter
PASSED AND ADOPTED at a Joint Special Meeting of the City
Council and Housing and Redevelopment Commission on the 13th day of
September 2011, by the following vote, to wit:
AYES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard.
NOES: None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
RONALD R. BALL, Citf Attorney
MATT4HALL, Mayor
ATTEST:
LORRAIN^Bi^QD, City Clerk