ORD 491ORDINANCE NO. 491
AN ORDINANCE THE CITY OF LA QUINTA, 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 LA
QUINTA REDEVELOPMENT AGENCY
WHEREAS, the City Council of the City of La Quinta ( "City ") approved and
adopted (i) the Redevelopment Plan for La Quinta Project Area No. 1 ( "Project Area No.
1 " or "Project Area No. 1 Redevelopment Plan," as applicable) on November 29, 1983,
by Ordinance No. 43; and (ii) the Redevelopment Plan for La Quinta Redevelopment
Project Area No. 2 ( "Project Area No. 2" or "Project Area No. 2 Redevelopment Plan,"
as applicable) on May 16, 1989, by Ordinance No. 139, as amended on December 20,
1994, by Ordinance No. 259, on February 3, 2004, by Ordinance No. 399, on March
16, 2004, by Ordinance No. 403, and on March 16, 2004, by Ordinance No. 404; and
WHEREAS, the La Quinta Redevelopment Agency ( "Agency ") is engaged in
activities to execute and implement the Project Area No. 1 Redevelopment Plan and
the Project Area No. 2 Redevelopment Plan (collectively, the "Redevelopment
Plans ") pursuant to the provisions of the California Community Redevelopment Law
(Health and Safety Code § 33000, at seq.) ( "CRL "); and
WHEREAS, since adoption of the Redevelopment Plans, the Agency has
undertaken redevelopment projects in Project Area No. 1 and in Project Area No. 2
(collectively, the "Project Areas ") to eliminate and prevent 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 hopes to implement a
variety of redevelopment projects and programs to continue to eliminate and
prevent blight, stimulate and expand the Project Areas' economic growth, create
and develop local job opportunities, improve and expand affordable housing, and
alleviate deficiencies in public infrastructure; and
WHEREAS, as part of the 2011/2012 State budget bill, the California
Legislature has recently enacted and the Governor has signed, companion bills
ABX1 26 and ABX1 27, requiring that each redevelopment agency be dissolved
unless the community that created it en' cts an ordinance committing it to make
certain payments; and
WHEREAS, specifically, ABX1 26 prohibits redevelopment agencies from
taking numerous actions, effective immediately and purportedly retroactively, and
Ordinance No. 491
Election to Comply with the Alternate Redevelopment Program
Part 1.9 of ARXt 27, the Redevelopment Continuation Act
Adopted: August 2, 2011
Page 2
additionally provides that redevelopment agencies are deemed to be dissolved as of
October 1, 2011; and
WHEREAS, ABX1 27 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 CRL, 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 ABX1 26, and upon
the contingencies and reservations set forth herein, the City shall make the Fiscal
Year 2011/2012 community remittance, currently estimated to be Nineteen Million
Five Hundred Dollars ($19,500,000), as well as the subsequent annual community
remittances as set forth in the CRL; and
WHEREAS, the City 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 understands and believes that an action challenging the
constitutionality of ABX1 26 and ABX1 27 will be filed on behalf of cities, counties
and redevelopment agencies; and
WHEREAS, while the City currently intends to make these community
remittances, the remittances 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 ABX1 26 and ABX1 27 are unconstitutional; and
WHEREAS, the City reserves the right, regardless of any community
remittance made pursuant to this Ordinance, to challenge the legality of ABX1 26
and ABX1 27; 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 ABX1 26 and ABX1 27, the City 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.
NOW, THEREFORE, the City Council of the City of La Quinta, California,
does ordain as follows:
Ordinance No. 491
Election to Comply with the Alternate Redevelopment Program
Part 1.9 of ABX1 27, the Redevelopment Continuation Act
Adopted: August 2, 2011
Page 3
Section 1 . Recitals The Recitals set forth above are true and correct and
incorporated herein by reference.
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 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 ABX1 27.
Section 3 . Payment Under Protest Except as set forth in Section 4, below, the
City Council hereby determines that the City shall make the community remittances
set forth in Health and Safety Code section 34194 et seq.
Section 4. Effect of Stay or Determination of Invalidity City shall not make any
community remittance in the event a court of competent jurisdiction either grants a
stay on the enforcement of ABX1 26 and ABX1 27 or determines that ABX1 26
and ABX1 27 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 thereon in the event that there
is a final determination that ABX1 26 and ABX1 27 are unconstitutional and
therefore invalid. If there is a final determination that ABX1 26 and ABX1 27 are
unconstitutional and therefore invalid, this Ordinance shall be deemed to be null
and void and of no further force or effect.
Section 5 . Implementation The City Council hereby authorizes and directs the
City Manager to take any action and execute any documents necessary to
implement this Ordinance, including but not limited to notifying the Riverside
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 ABX1 27.
Section 6 Additional Understandings and Intent It is the understanding and
intent of the City Council that, once the Agency is again authorized to enter into
agreements under the CRL, 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 does not intend, by
enactment of this Ordinance, to pledge any of its general fund revenues or assets
to make the remittance payments.
Ordinance No. 491
Election to Comply with the Alternate Redevelopment Program
Part 1.9 of ABX1 27, the Redevelopment Continuation Act
Adopted: August 2, 2011
Page 4
Section 7 . CEQA The City Council 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, therefore,
directs that a Notice of Exemption be filed with the County Clerk of the County of
Riverside in accordance with CEQA Guidelines.
Section 8 . Custodian of Records The documents and materials that constitute
the record of proceedings on which these findings are based are located at the City
Clerk's office located at 78 -495 Calle Tampico La Quints, California 92253. The
custodian for these records is Veronica Montecino.
Section 9 . 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 which 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 it would have
adopted this Ordinance irrespective of the invalidity of any particular portion
thereof.
Section 10. Certification; 'Posting ` The City Clerk shall, within 15 days after
passage of this Ordinance, cause it to be posted `in at least three public places
designated by resolution of the City Council, shall certify to the adoption and
posting of this Ordinance; and shall this Ordinance and its certification,
together with proof of posting to be entered into the Book of Ordinances of the
City of La Quinta.
Section 11 . Date of Revival of Powers Pursuant to Health & Safety Code
Section 34193(a ), the Agency shall continue to exist and carry out the provisions
of the CRL as of the date of enactment of the Ordinance, August 2, 2011.
Section 12 . Effective Date Except as provided in Health & Safety Code Section
34193(a), this Ordinance shall become effective thirty (30) days from and after the
date of final passage.
PASSED, APPROVED, AND ADOPTED, at a regular meeting of the La Quinta
City Council held this 2nd of August, 2011, by the following vote, to wit:
Ordinance No. 491
Election to Comply with the Alternate Redevelopment Program
Part 1.9 of ARM 27, the Redevelopment Continuation Act
Adopted: August 2, 2011
Page 5
AYES: Council Members Evans, Franklin, Henderson, Sniff, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
DON ADOI[PH, Ma or
City of La uinta, California
ATTEST;
VERONICA�TECINO, CMC, City Clerk
City of La Uinta, California
(CITY SEAL)
APROVED AS JO FORM:
M. A HERINE NSON, City Attorney
City of La Quinta, California
Ordinance No. 491
Election to Comply with the Alternate Redevelopment Program
Part 1.9 of ABX1 27, the Redevelopment Continuation Act
Adopted: August 2, 2011
Page 9
STATE OF CALIFORNIA ►
COUNTY OF RIVERSIDE ► ss.
CITY OF LA QUINTA ►
I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta, California, do
hereby certify the foregoing to be a full, true, and correct copy of Ordinance No.
491 which was introduced at a regular meeting on the 19` day of July 2011, and
was adopted at a regular meeting held on the 2"' day of August 2011, not being
less than 5 days after the date of introduction thereof.
I further certify that the foregoing Ordinance was posted in three places within the
City of La Quinta as specified in City Council Resolution No. 2006-115.
City of La Quinta, California
CMC,
DECLARATION OF POSTING
I, VERONICA J. MONTECINO, City Clerk of the City of La Qui ita California; do
hereby certify that the foregoing ordinance was posted on ��: .7011'
pursuant to Council Resolution.
VERONICA J.YONTECINO CMC, City
City of La Qt(iinta, California