Ordinance No. 1184ORDINANCE NO. 1184
AN -ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VERNON, CALIFORNIA, DETERMINING IT 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
REDEVELOPMENT AGENCY OF THE CITY OF VERNON
WHEREAS, on November 27, 1990, the City Council of the City
of Vernon (the "City Council"), adopted Ordinance No. 992, approving
and adopting the Redevelopment Plan (the "Original Redevelopment Plan")
for the Industrial Redevelopment Project (the "Original Project Area"),
as amended; and
WHEREAS, the Redevelopment Agency of the City of Vernon
("Agency") is'engaged in activities necessary or appropriate to c"arry
out the -,.California Community Redevelopment Law (Health & Saf-ety Code
Sections 33000, et seq.) (the "Redevelopment Law") within the City of
Vernon; and
WHEREAS, since adoption of the Redevelopment Plan, the Agency
has undertaken redevelopment projects in the Project Area to eliminate
blight, to improve public facilities and infrastructure, to renovate
and construct affordable housing, and to enter into partnerships with
private industries to create jobs and expand the local economy; and
WHEREAS, over the next few years, the Agency plans to
implement a variety of redevelopment projects and programs to continue
to eliminate and prevent blight, stimulate and expand the Project
Area's economic growth, create and develop local job opportunities and
alleviate deficiencies in public infrastructure, to name a few; and
WHEREAS, as part of the 2011-2012 State budget bill, the
California Legislature has recently enacted and the Governor has
signed, companion bills AB 1X26 and AB 1X27, requiring that each
Redevelopment Agency be dissolved unless the community that created it
enacts an ordinance committing it to making certain payments; and
WHEREAS, specifically, AB 1X26 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; and
WHEREAS, AB 1X27 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 Redevelopment Law, by enacting an
ordinance agreeing to comply with Part 1.9 of Division 24 of the Health
and Safety Code; and
WHEREAS, the Alternative Voluntary Redevelopment Program
requires that the community agree by ordinance to remit specified
annual amounts to the county auditor -controller; and
WHEREAS, under 'the threat of dissolution pursuant to
AB 1X26, and upon the contingencies and reservations set forth herein,
the City shall make the Fiscal Year 2011-2012 community remittance,
currently estimated to be Five Million Two Hundred Thousand Dollars
($5,200,000.00), or less, as well as subsequent annual community
remittances as set forth in the Redevelopment Law; and
WHEREAS, the City of Vernon reserves the right to appeal the
California Director of Finance's determination of the Fiscal Year
2011-2012 community remittance, as provided in Health and Safety Code
Section 34194; and
WHEREAS, City of Vernon understands and believes that an
action challenging the constitutionality of AB 1X26 and AB 1X27 will be
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filed on behalf of cities, counties and redevelopment agencies; and
WHEREAS, while the City of Vernon currently intends to make
these community remittances, they shall be made under protest and
without prejudice to the City's right to recover such amounts and
interest thereon, to the extent there is a final determination that AB
1X26 and AB 1X27 are unconstitutional; and
WH-EREAS, the City of Vernon reserves the right, regardless of
any community remittance made pursuant to this Ordinance, to challenge
the legality of AB 1X26 and AB 1X27; and
WHEREAS, 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-1X26 and AB-1X27-, the City of Vernon shall not be obligated to make
any community remittance for the duration of such injunction, -
restraint, or stay; and
WHEREAS, all other legal prerequisites to the adoption of
this Ordinance have occurred.
THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: Participation in the Alternative Voluntary
Redevelopment Program. In accordance with Health and Safety Code
Section 34193, and based on the Recitals set forth above, the City
Council of the City of Vernon hereby determines that the City shall
comply with the provisions of Part 1.9 of Division 24 of the Health and
Safety Code, as enacted by AB 1X27.
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SECTION 3: Payment under Protest. Except as set forth in
Section 4, below, the City Council of the City of Vernon hereby
determines that the City of Vernon shall make the community remittances
set forth in Health and Safety Code section 34194 et seq., under
prote.st
SECTION 4: Effect of Stay or Determination of Invalidity.
The City of Vernon shall not make any community remittance in the event
.a court of competent jurisdiction either grants a stay on the
enforcement of AB 1X26 and AB 1X27 or determines that AB 1X26 and AB
1X27 are unconstitutional and therefore invalid, and all appeals
therefrom are exhausted or unsuccessful, or time for filing an appeal
therefrom has lapsed. Any community remittance shall be made under
protest and without prejudice to the City's right to recover such
amount and interest thereoninthe event that there is a final
determination that AB 1X26 and AB 1X27 are unconstitutional. If there
is a final determination that AB 1X26 and AB 1X27 are invalid, this
Ordinance shall be deemed to be null and void and of no further force
or effect.
SECTION 5: Implementation. The City Council of the City of
Vernon hereby authorizes and directs the City Administrator to take any
action and execute any documents necessary to implement this Ordinance,
including but not limited to 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 1X27.
SECTION 6: Additional Understandings and Intent. It is the
understanding and intent of the City Council of the City of Vernon
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that, once the Agency is again authorized to enter into agreements
under the -Redevelopment Law, the City will enter into an agreement with
the Agency as authorized pursuant to Section 34194.2, whereby the
Agency will transfer annual portions of its tax increment to the City
in amounts not to exceed the annual community remittance payments to
enable the City, directly or indirectly, to make the annual remittance
payments. The City Council of the City of Vernon does not intend, by
enactment of this Ordinance, to pledge any of its general fund revenues
or assets to make the remittance payments.
SECTION 7: CEQA. The City Council of the City of Vernon
finds,. under Title 14 of the California Code of Regulations, Section:
15378(b)(4), that this Ordinance is exempt from the requirements of the
California Environmental Quality Act ("CEQA") in that it is not a
"project," but instead consists of the creation and continuation of a
governmental funding mechanism for potential future projects and
programs, and does not commit funds to any specific project or program.
The City Council of the City of Vernon, therefore, directs that a
Notice of Exemption be filed with the County Clerk of the County of Los
Angeles in accordance with CEQA Guidelines.
SECTION 8: Severability. If any section, subsection,
subdivision, paragraph, sentence, clause, phrase, or word in this
Ordinance or any part thereof is for any reason held to be
unconstitutional or invalid or ineffective by any court of competent
jurisdiction, such decision shall not affect the validity or
effectiveness of the remaining portions of this Ordinance or any part
thereof. The City Council hereby declares that it would have adopted
this Ordinance and each section, subsection, subdivision, paragraph,
sentence, clause or phrase thereof, irrespective of the fact that any
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one or more sections, subsections, subdivisions, paragraphs, sentences,
clauses, phrases or words be declared unconstitutional, or invalid, or
ineffective.
SECTION 9: Book of Ordinances.
The City Clerk shall attest
and certify,to the adoption of this Ordinance and shall cause this
Ordinance and the City Clerk's certification to be entered in the Book
of Ordinances of the Council of this City. The City Clerk shall cause
this ordinance to be published or posted as required by law.
SECTION 10: Effective Date. This Ordinance shall go into
effect and be in full force and effect at 12:01 a.m. on the thirty-
first (31st) day after its passage.
APPROVED AND ADOPTED this 16th day of August, 2011.
Name: Hilario Gonzales
Title: Mayor / Tayo.r.,•Pro=T -�.
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, WILLARD G. YAMAGUCHI, City Clerk of the City of
Vernon, do hereby certify that the foregoing Ordinance, being
Ordinance No. 1184, was duly and regularly introduced at a meeting
of the City Council of the City of Vernon, held in the City of
Vernon on Tuesday, August 2, 2011, and thereafter adopted at a
meeting of said City Council held on Tuesday, August 16, 2011, by
the following vote:
AYES: Councilmembers:. Mayor Gonzales, Davis,
Maisano, McCormick,
Newmire
NOES: Councilmembers: None
ABSENT Councilmembers: None
And thereafter was duly signed by the Mayor or Mayor
Pro-Tem of the City of Vernon.
Executed this /4 day of August,t 2011, at Vernon, California.
(SEAL)
City Clerk
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CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: August 17, 2011
TO: Rory Burnett, Finance Director
Joaquin Leon, RDA Treasurer
Michael Montgomery, Interim City Attorney/RDA Legal Counsel
Mark Whitworth, City Administrator/Fire Chief
FROM: Willard Yamaguchi, City Clerk
RE: Ordinance No. 1184 — An Ordinance of the City Council of the City of Vernon,
California, Determining it 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 Redevelopment Agency of
the City of Vernon
Transmitted herewith is a copy of Ordinance No. 1184 referenced above, which was approved by City
Council on August 16, 2011.
Please send copies of the documents executed to implement this ordinance to the City Clerk's office for
the file.
Thank you.
WY:dj
Attachment
c: Ana Barcia
Kristen Enomoto
Ordinance No. 1184
RECEIVED
RECEIVED JUL 2 8 2011
JUL 2 8 2011
CITY ADMINISTRATION
CITY CLERK'S OFFICE 411
STAFF REPORT
CITY ATTORNEY'S OFFICE (07
DATE: July 25, 2011
TO: Honorable Mayor and City Council
FROM: Michael Montgomery, Interim City Attorney
RE: RDA Extension Ordinance
On June 28, 2011, the Governor signed Assembly Bill 1X 26 limiting the activities of
Redevelopment Agencies. However, Agencies may elect to continue, under the Assembly Bill
1X 27. Staff has recommended that Vernon opt to continue because its tax increment will permit
it and continued benefits will result. This ordinance needs to be adopted by August 28, 2011, in
order that the RDA may have the ability to continue pay ordinary expenses.
The proposed ordinance is scheduled for first reading on August 2, 2011 and, upon approval, will
be brought back for second reading on August 16, 2011.
MM:va
CITY OF VERNON CITY COUNCIL MEETING
AUGUST 16, 2011
ORDINANCE NO. 1184 SUMMARY
A CERTIFIED COPY OF THE FULL TEXT OF ADOPTED ORDINANCE NO. 1184
IS AVAILABLE IN THE OFFICE OF THE CITY CLERK LOCATED AT 4305
SANTA FE AVENUE, VERNON, CALIFORNIA.
On August 2, 2011, Ordinance No. 1184 was duly introduced at a regular meeting of the
City Council of the City of Vernon, and approved and adopted by said Council at a
regular meeting held on August 16, 2011.
On August 16, 2011, the City Council of the City of Vernon adopted Ordinance No. 1184
determining that it 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 Redevelopment Agency of the City
of Vernon.
Willard G. Yamaguchi, City Clerk of the City of Vernon, does hereby certify that
Ordinance No. 1184 was duly introduced and approved by the City Council of the City of
Vernon at a regular meeting held on August 2, 2011 and adopted and passed by said
Council at a regular meeting held on August 16, 2011 by the following roll call vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Dated: August 30, 2011
Mayor Gonzales, Davis, Maisano,
McCormick, Newmire
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS
CITY OF VERNON )
I, Willard G. Yamaguchi, City Clerk, of the City of Vernon do
hereby certify that I did, on the 30th day of August 2011, post
three (3) copies of the Ordinance No. 1184 Summary.
One on each of the following places, to wit: on the bulletin
board outside the main entrance to the City Hall of the City of
Vernon located at 4305 Santa Fe Avenue; at the northwest corner
of 38th Street and Santa Fe Avenue; the northeast corner of
Leonis Blvd., and Pacify c Blvd., all in said City.
Date:
Wi and am9g chi
City Clerk
State of California
)ss
County of Los Angeles)
On before me, ,46A /�%GI/l9 pucd, ,
No£ar Public, personally appeared Willard G. Yamaguchi
who proved to me on the basis of satisfactory evidence to be the
person() whose name ( is/a/e subscribed to the within
instrument and acknowledged to me that he/s(e/tvey executed the
same in his/he&/t1/ir authorized capacity(i( ), and that by
his/(r/tk)Zit signature ( . on the instrument the person, , or
the entity upon behalf of which the person( acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State
of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal
ANA KARINA RUEDA
Commission N 1900284
Notary Public - California
Los Angeles County
M Comm. Ez ifes, Aug 19.20J