HomeMy WebLinkAboutOrdinance #3918 ORDINANCE NO. 3918
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH AUTHORIZING PARTICIPATION IN THE
ALTERNATIVE VOLUNTARY REDEVELOPMENT PROGRAM,
SUBJECT TO CERTAIN CONDITIONS AND RESERVATIONS
WHEREAS, Assembly Bill x 1 27 ("AB 27") is to be codified as Part 1.9 of the
California Health and Safety Code ("Part 1.9"); and
WHEREAS, AB 27 establishes a voluntary alternative redevelopment program
whereby the City of Huntington Beach 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-Controller
("County"), the State Controller, and the State Department of Finance on or before November
1, 2011,that the City will comply with Part 1.9; and
WHEREAS, AB 27 requires the City to make specified remittances to the County in
order to continue the existence of the Agency, as prescribed in Part 1.9; and
WHEREAS, AB 27 authorizes the City to enter into an agreement with the Agency,
whereby the Agency would transfer a portion of its tax increment to the City for the purpose
of financing certain activities within the City's redevelopment areas, as specified in Part 1.9;
and
WHEREAS, AB 27 imposes specified sanctions on the City in the event that the
City fails to make the required remittances, as determined by the Director of Finance; and
WHEREAS, AB 27 authorizes the County to charge a fee that does not exceed the
reasonable costs to the County auditor-controller to implement the provisions of Part 1.9; and
WHEREAS, AB 27 authorizes the City to establish a new redevelopment agency if
its former agency has been dissolved only after the 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 California League
of Cities, the California Redevelopment Association, and special counsel for the City have
respectively opined that certain or all provisions of AB 26 and AB 27, including but not
limited to the effectiveness date, violate the State Constitution and other laws (collectively,
"Laws"), and are invalid and unenforceable; and
68139 1
Ord. No. 3918
WHEREAS, the City Council does not intend, by enactment of this 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 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;and
WHEREAS, the City Council does not intend, by enactment of this 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;
WHEREAS, the City Council does not intend, by enactment of this Ordinance to
waive any rights of appeal regarding the amount of any remittance established by the
Department of Finance, as provided in Part 1.9,
NOW, THEREFORE, the City Council hereby ordains as follows:
SECTION 1. Authorization to Continue Agency. Subject to Sections 3 and 4, herein, the City
hereby commits to comply with and make the remittances required by Part 1.9, and authorizes
the continuation of the Agency in accordance with the provisions 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 accordance with Part 1.9.
SECTION 2. Application. If any provisions of this Ordinance or the 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.
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.
SECTION 5. Authorization of Implementing Actions. The City Manager is 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
68139 2
Ord No. 3918
the Department of Finance; entering into any agreements with the Agency to make the
remittance payments; or making any remittance payments.
SECTION 6. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the_ 15 th day of August , 2011
a
Y
ATTEST: INITIATED AND APPROVED:
City Clerk Director of Economic Development
REV D A PROVED:
APPROVED AS TO FORM:
/City Manager
City XtOney
68139 3
Ord. No. 3918
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven; that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on August 01,2011, and was again read to said City Council at a
regular meeting thereof held on August 15, 2011, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Shaw, Harper, Hansen, Carchio, Bohr, Dwyer, Boardman
NOES: None
ABSENT: None
ABSTAIN: None
I,Joan L.Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on August 25,2011.
In accordance with the City Charter of said City Q"'Sld
Joan L. Flynn, Qy Clerk CV Clerk and ex-officio lerk
b/Nje(,A, L senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California