HomeMy WebLinkAboutOrdinance No. 12-O1ORDINANCE NO. 12-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AZUSA, CALIFORNIA, REPEALING ORDINANCE
NO. 11-011 ELECTING TO PARTICIPATE IN THE
ALTERNATIVE VOLUNTARY REDEVELOPMENT
PROGRAM PURSUANT TO HEALTH AND SAFETY
CODE SECTION 34192 ET SEQ.
WHEREAS, the City Council of the City of Azusa ("City") approved and adopted the
Redevelopment Plan ("Redevelopment Plan") for the Merged Central Business District and West
End Redevelopment Project Area covering certain properties within the City; and
WHEREAS, prior to February 1, 2012, the Redevelopment Agency of the City of Azusa
("Agency") was engaged in activities to execute and implement the Redevelopment Plan
pursuant to the provisions of the California Community Redevelopment Law (Health and Safety
Code § 33000, et seq.) ("CRL"); and
WHEREAS, on June 28, 2011, as part of the 2011-2012 State of California budget bill,
companion bills Assembly Bill 1X 26 ("AB 1X 26") and Assembly Bill 1X 27 ("AB 1X 27")
were enacted, suspending all new redevelopment activity of the Agency and dissolving the
Agency, unless the City, by ordinance, elected to participate in the "Alternative Voluntary
Redevelopment Program" established by AB 1X 27 and agreed to pay an annual "community
remittance" payment to the County of Los Angeles; and
WHEREAS, on July 18, 2011, a Petition for Writ of Mandate was filed in the Supreme
Court of the State of California in the matter of California Redevelopment Association, et at. v.
Ana Malosantos, et al., Case No. S194861 ("Legal Action"), challenging the constitutionality of
AB 1X 26 and AB 1X 27 on behalf of cities, counties and redevelopment agencies; and
WHEREAS, on August 9, 2011, the City enacted its Ordinance No. 11-011, electing to
participate in the Alternative Voluntary Redevelopment Program established by AB 1X 27; and
WHEREAS, on December 29, 2011, the Supreme Court issued its opinion in the Legal
Action, upholding AB 1X 26 and invalidating AB 1X 27 and dissolving all redevelopment
agencies throughout the State of California, effective February 1, 2012; and
WHEREAS, because AB 1X 27 has been invalidated by the California Supreme Court,
City Council Ordinance No. 11-011, enacted pursuant to AB 1X 27, is also invalid; and
WHEREAS, the City desires to repeal the enactment of Ordinance No. 11-011 because
the authority under which the Ordinance was enacted is no longer valid.
THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES
ORDAIN AS FOLLOWS:
45636.06001\7247345.1
Section 1. Recitals. The Recitals set forth above are true and correct and are
incorporated into this Ordinance.
Section 2. CE A. The action taken by enactment of this Ordinance does not
commit the City to any action that may have a significant effect on the environment. As a result,
such action does not constitute a project subject to the requirements of the California
Environmental Quality Act. The City Council directs City staff to file a Notice of Exemption
within five (5) days following adoption of this Ordinance with the Clerk of the Board of
Supervisors of the County of Los Angeles.
Section 3. Repeal of Ordinance No. 11-011. The City Council hereby repeals City
Council Ordinance No. 11-011 in its entirety.
Section 4. Implementation. The City Council hereby authorizes and directs the City
Manager to take any action and sign any documents necessary to implement this Ordinance.
Section 5. 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 that 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 the City Council would have adopted this Ordinance irrespective of the
invalidity of any particular portion of this Ordinance.
Section 6. Certification; Publication. The City Clerk shall certify to the adoption of
this Ordinance and cause it, or a summary of it, to be published once within fifteen (15) days of
adoption, in a newspaper of general circulation printed and published within the City of Azusa,
and shall 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 section 36933.
Section 7. Effective Date. This Ordinance shall become effective thirty (30) days
from its adoption.
PASSED AND ADOPTED at an regular meeting of the City Council on this 5`" day of
March, 2012, by the following vote:
Gh
oseph R. Rocha, Mayor
ATTEST:
Vera Mendoza, City Clerk
45636.06001 \7247345.1
I, Vera Mendoza, City Clerk of the City of Azusa hereby certify that the foregoing Ordinance
No. 12-01, was duly introduced and placed upon its first reading at a regular meeting of the City
Council of the City of Azusa held on the 2151 day of February 2012, and that thereafter, said
ordinance was duly adopted and passed at a regular meeting on the 5`h day of March, 2012, by
the following vote of the Council:
AYES:
COUNCIL MEMBERS:
GONZALES, CARRILLO, MACIAS, HANKS, ROCHA
NOES:
COUNCIL MEMBERS:
NONE
ABSENT:
COUNCIL MEMBERS:
NONE
ABSTAIN:
COUNCIL MEMBERS:
NONE
era Mendoza, City Clerk
45636.06001 \7247345.1