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HomeMy WebLinkAbout2011-09-13; City Council; CS-156; ALTERNATIVE VOLUNTARY REDEVELOPMENT PROGRAM...1 2 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 6 7 12 13 14 15 21 22 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 10 ("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- A C Controller ("County"), the State Controller, and the State Department of Finance 17 on or before November 1, 2011, that the City will comply with Part 1.9; and 18 WHEREAS, AB 27 requires the City to make specified remittances to the 19 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 24 and WHEREAS, AB 27 authorizes the City to enter into an agreement with the 23 City for the purpose of financing certain activities within the City's redevelopment 25 areas, as specified in Part 1.9; and 26 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 1 2 exceed the reasonable costs to the County auditor-controller to implement the 3 provisions of Part 1.9; and 4 WHEREAS, AB 27 authorizes the City to establish a new redevelopment 5 agency if its former agency has been dissolved pursuant to SB 15 only after the6 7 8 9 10 California League of Cities and the California Redevelopment Association have 11 respectively opined that certain or all provisions of AB 26 and AB 27 violate the 12 State Constitution and other laws (collectively, "Laws"); and 13 WHEREAS, the City Council does not intend, by enactment of this 15 16 22 23 24 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 18 17 administrative or judicial proceeding and/or repeal this ordinance, without 19 prejudice to the City's right to recover any amounts remitted under Part 1.9; and 20 WHEREAS, the City Council does not intend, by enactment of this 21 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; 26 25 anu/ui WHEREAS, the City Council does not intend, by enactment of this 27 Ordinance to waive any rights of appeal regarding the amount of any remittance 28 established by the Department of Finance, as provided in Part 1.9. 5 10 11 12 13 15 16 17 20 26 27 28 1 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. 9 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 • i 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. 22 21 ici 11 ma EFFECTIVE DATE: This ordinance shall be effective thirty days after its 23 adoption; and the City Clerk shall certify the adoption of this ordinance and cause it 24 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 20 21 22 23 24 25 26 27 28 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