Ord 726ORDINANCE NO. 726
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA,
AUTHORIZING THE CITY OF POWAY TO PARTICIPATE IN THE
ALTERNATIVE VOLUNTARY REDEVELOPMENT PROGRAM,
SUBJECT TO CERTAIN CONDITIONS AND RESERVATIONS
WHEREAS, Assembly Bill x1 27 ( "AB 27 ") codifies as Part 1.9 of the California
Health and Safety Code ( "Part 1.9 "); and
WHEREAS, AB 27, upon the concurrent enactment of Assembly Bill x1 26
( "AB 26 "), establishes a voluntary alternative redevelopment program whereby the
Poway 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 pursuant to SB 15 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
Ordinance No. 726
Page 2
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 OF THE CITY OF POWAY,
CALIFORNIA DOES ORDAIN 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 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 accordance with Part 1.9.
SECTION 2. Application. If any provision 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.
Ordinance No. 726
Page 3
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 the Department of Finance; entering into any agreements with
the Agency to make the remittance payments; or making any remittance payments.
EFFECTIVE DATE: This Ordinance shall be effective thirty days after its adoption;
and the City Clerk shall certify the adoption of this Ordinance and cause it to be published
at least once in a newspaper of general circulation in the City of Poway within fifteen days
after its adoption.
Introduced and first read at a regular meeting of the City Council of the City of
Poway held on the 5th day of July 2011, and thereafter PASSED AND ADOPTED at a
regular meeting of said City Council the 19th day July, 2011.
Don Higginson, May
ATTEST:
a . Troyan, MMC, City Clerk
Ordinance No. 726
Page 4
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO)
I, Linda A. Troyan, City Clerk of the City of Poway, do hereby certify that the
foregoing Ordinance No. 726, was duly adopted by the City Council at a meeting of said
City Council held on the 19th day of July 2011, and that it was so adopted by the
following vote:
AYES: BOYACK, GROSCH, MULLIN, CUNNINGHAM, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
L�rda )k. Troyan, MMC
Cit yz Jerk
City of Poway