ORD 524 ORDINANCE NO. 524
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES TO
COMPLY WITH PART 1.9 OF DIVISION 24 OF THE CALIFORNIA
HEALTH AND SAFETY CODE AND TAKING CERTAIN ACTIONS IN
CONNECTION THEREWITH.
RECITALS
A. The Rancho Palos Verdes Redevelopment Agency (the "Agency") is a
redevelopment agency in the City of Rancho Palos Verdes (the "City"), created pursuant
to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of
Division 24 of the California Health and Safety Code) (the "Redevelopment Law").
B. The City Council of the City (the "City Council") adopted Ordinance
No. 190, adopting a redevelopment plan as the official redevelopment plan for Project
Area No. 1, and from time to time, the City Council has amended such redevelopment
plan. The Agency is undertaking a program to redevelop the Project Area.
C. AB X1 26 was signed by the Governor of California on June, 29, 2011,
making certain changes to the Redevelopment Law, including adding Part 1.8
(commencing with Section 34161) and Part 1.85 (commencing with Section 34170) to
Division 24 of the California Health and Safety Code. Commencing upon the
effectiveness of AB X1 26, AB X1 26 suspends most redevelopment agency activities
and, among other things, prohibits redevelopment agencies from incurring indebtedness
or entering into or modifying contracts. Effective October 1, 2011, AB X1 26 dissolves
all existing redevelopment agencies and redevelopment agency components of
community development agencies, designates successor agencies to the former
redevelopment agencies, and imposes numerous requirements on the successor
agencies and subjects successor agency actions to the review of oversight boards
established pursuant to the provisions of Part 1.85.
D. AB X1 27 was signed by the Governor of California on June 29, 2011,
adding Part 1.9 (commencing with Section 34192) to Division 24 of the California Health
and Safety Code. Part 1.9 establishes an Alternative Voluntary Redevelopment
Program whereby, notwithstanding the provisions of Part 1.8 and Part 1.85, a
redevelopment agency will be authorized to continue to exist and carry out the
provisions of the Redevelopment Law upon the enactment, prior to the applicable
deadline established in Part 1.9, by the city council of the city which includes that
redevelopment agency (the "participating city") of an ordinance to comply with Part 1.9.
E. Part 1.9 requires a participating city to make specified annual remittances
to the applicable county auditor-controller, who shall allocate the remittances for deposit
into a Special District Allocation Fund, for allocation to specified special districts, and
into the county Educational Revenue Augmentation Fund, for allocation to educational
entities.
F. To participate in the Alternative Voluntary Redevelopment Program, in
addition to adopting the ordinance described in Recital D, above, the participating city
must, by November 1, 2011, notify the applicable county auditor-controller, the State
Controller, and the State of California Department of Finance (the "Department of
Finance") that the participating city agrees to comply with the provisions of Part 1.9.
The participating city's agreement to make the remittances provided for under Part 1.9
is a precondition to continue redevelopment pursuant to Part 1.9.
G. Part 1.9 provides that for fiscal year 2011-12, a participating city shall
remit to the applicable county auditor-controller an amount equal to the amount
determined by the State of California Director of Finance (the "Director of Finance") for
the redevelopment agency pursuant to a formula set forth in Part 1.9, which formula
utilizes information contained in the State Controller's redevelopment agency 2008-09
annual report. The amount represents the redevelopment agency's proportionate share
of the sum of$1,700,000,000. The initial amount determined by the Director of Finance
is subject to recalculation and reduction in the event the participating city timely files an
appeal in accordance with Health and Safety Code Section 34194(b)(2)(L).
H. For fiscal year 2012-13 and each fiscal year thereafter, a participating
city's remittance amount shall equal the amount determined pursuant to calculations
performed by the participating city in accordance with the requirements of Part 1.9,
subject to adjustment based on audit and verification by the Director of Finance, the
State Controller and the applicable county auditor-controller. On or before November
1st of each year, commencing November 1, 2012, a participating city shall notify the
Department of Finance, the State Controller, and the applicable county auditor-
controller of the remittance amount calculated by the participating city.
I. Pursuant to the provisions of Part 1.9, a participating city shall pay one-
half of the total remittance amount for a fiscal year on or before January 15 of that year
and shall pay the remaining one-half of the remittance amount on or before May 15 of
that year.
J. A participating city making remittances pursuant to Part 1.9 may use any
available funds not otherwise obligated for other uses.
K. A participating city and the redevelopment agency in that participating city
may enter into an agreement pursuant to Part 1.9 whereby the agency will transfer a
portion of its tax increment to the participating city in an amount not to exceed the
annual remittance required that year pursuant to Part 1.9.
L. Pursuant to the provisions of Part 1.9, if a participating city fails to make a
remittance payment, as calculated in accordance with the applicable provisions of Part
1.9 and according to the schedule set forth in Rectial I, above, the applicable county
auditor-controller shall notify the Director of Finance of the failure to make the payment
within 30 days. Upon receipt of the notification, the Director of Finance may determine
that the redevelopment agency in the participating city shall be subject to the
requirements of Part 1.8 and Part 1.85.
Ordinance No. 524
Page 2 of 5
M. The City has estimated that its 2011-12 remittance amount under Part 1.9
is $91,748.
N. The City desires to participate in the Alternative Voluntary Redevelopment
Program so that the Agency may continue to exist and carry out the provisions of the
Redevelopment Law.
O. The City has, or will have, available funds not otherwise obligated for other
uses with which to make the fiscal year 2011-12 remittance in an amount not to exceed
$91,748, or such lesser amount recalculated by the Director of Finance, payable one-
half by January 15, 2012, with the remaining one-half payable by May 15, 2012.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES, CALIFORNIA DOES ORDAIN AS FOLLOWS:
Section 1: The above recitals are true and correct and are a substantive part of
this Ordinance.
Section 2: This Ordinance is adopted as required by Health and Safety Code
Section 34193.
Section 3: So that the Agency may continue to exist and carry out the provisions
of the Redevelopment Law notwithstanding the provisions of Part 1.8 and Part 1.85, the
City Council hereby determines and declares that it shall comply with the requirements
and obligations contained in Part 1.9, as Part 1.9 exists on the date of adoption of this
Ordinance. In adopting this Ordinance or agreeing to comply with the provisions of Part
1.9, the City does not intend to incur an indebtedness or liability within the meaning of any
constitutional or statutory debt limitation or restriction.
Section 4: Performance of actions under or pursuant to this Ordinance, including
the making of payments by the City to the Los Angeles County Auditor-Controller (the
"Auditor-Controller"), is made under protest. Neither the adoption of this Ordinance nor
the performance of actions under or pursuant to this Ordinance is intended by the City or
Agency to waive any right either may have to challenge the legality of all or any portion of
AB X1 26 or AB X1 27 through administrative or judicial proceedings, or to appeal the
City's fiscal year 2011-12 remittance amount pursuant to Health and Safety Code Section
34194(b)(2)(L), or to otherwise contest the remittance amount for any year. Any payments
hereunder are intended to be made without prejudice to the City's right to seek to recover
reimbursement of such payments, plus interest, should the requirement of making such
payments be stayed, enjoined, repealed, or held unconstitutional or unenforceable by any
court of competent jurisdiction. This Ordinance shall be null and void and of no further
force and effect in the event that AB X1 26 or AB X1 27 is repealed, or held
unconstitutional or unenforceable by any court of competent jurisdiction.
Section 5: The City Manager, or the City Manager's designee, is hereby
authorized and directed to notify the Auditor-Controller, the State Controller, and the
Department of Finance, on or before November 1, 2011, that the City agrees to comply
Ordinance No. 524
Page 3 of 5
with the provisions of Part 1.9, as Part 1.9 exists on the date of adoption of this Ordinance,
with such notification to be accompanied by a certified copy of this Ordinance.
Section 6: This Ordinance has been reviewed with respect to applicability of the
California Environmental Quality Act ("CEQA"), the State CEQA Guidelines (California
Code of Regulations, Title 14, Sections 15000 et seq., hereafter the "Guidelines"), and the
City's environmental guidelines. The City has determined that this Ordinance is not a
"project" for purposes of CEQA, as that term is defined by Guidelines Section 15378.
Specifically, this Ordinance constitutes the creation of government funding mechanisms or
other government fiscal activities which do not involve any commitment to any specific
project which may result in a potentially significant physical impact on the environment.
(Guidelines Section 15378(b)(4)). In addition, this Ordinance is an organizational or
administrative activity that will not result in a direct or indirect physical change in the
environment. (Guidelines Section 15378(b)(5)). Therefore, because it is not a "project,"
this Ordinance is not subject to CEQA's requirements. Further, even if this Ordinance
were deemed a "project" and therefore subject to CEQA, the Ordinance would be covered
by the general rule that CEQA applies only to projects that have the potential to cause a
significant effect on the environment. (Guidelines Section 15061 (b)(3)). As an
organizational or administrative activity or the creation of government funding mechanisms
or other government fiscal activities which do not involve any commitment to any specific
project which may result in a potentially significant physical impact on the environment,
this Ordinance does not have the potential to cause a significant effect on the environment
and is therefore exempt under this general rule. Further, it can be seen with certainty that
there is no possibility that the activity in question may have a significant effect on the
environment, and thus this Ordinance is not subject to CEQA. (Guidelines Section
15061(b)(3)).
Section 7: The City Clerk shall certify to the passage of this Ordinance and is
hereby directed to publish or post this Ordinance, or a summary of this Ordinance, in
accordance with law.
Section 8: The City Clerk is hereby directed to send a certified copy of this
Ordinance to the Agency.
Section 9: The City Clerk is hereby directed to file a Notice of Exemption with
the County Clerk pursuant to Section 15062 of the Guidelines within five days of the
adoption of this Ordinance.
Section 10: The officers and staff of the City are herby authorized and directed,
jointly and severally, to do any and all things which they may deem necessary or
advisable to effectuate this Ordinance and any such actions previously taken by such
officers are hereby ratified and confirmed.
Section 11: If any part of this Ordinance is held to be invalid or unconstitutional
by the decision of any court of competent jurisdiction, for any reason, such decision
shall not affect the validity of the remaining portions of this Ordinance and this City
Ordinance No. 524
Page 4 of 5
Council hereby declares that it would have passed the remainder of this Ordinance if
such invalid or unconstitutional portion thereof had been deleted.
Section 12: This Ordinance shall take effect 30 days from adoption.
PASSED, APPROVED and ADOPTED this 16th day of Au•ust, 2011.
Mayor
ATTEST:
(
City Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, do hereby
certify that the whole number of members of the City Council of said City is five; that the
foregoing Ordinance No. 524 passed first reading on August 2, 2011, was duly and
regularly adopted by the City Council of said City at a regular meeting thereof held on
August 16, 2011, and that the same was passed and adopted by the following roll call
vote:
Ayes: Misetich, Stern, Wolowicz and Mayor Long
Noes: None
Absent: Campbell
Abstain: None
&?4_& _C776-62"M-&-&,
City Clerk
Ordinance No. 524
Page 5 of 5
Ajill
RANCHO PALOS VERDES
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES)
The undersigned, being first duly sworn, deposes and says:
That at all times herein mentioned, she was and now is the appointed City Clerk
of the City of Rancho Palos Verdes;
That on August 18, 2011, she caused to be posted the following document
entitled: ORDINANCE NO. 524 - AN ORDINANCE OF THE CITY OF
RANCHO PALOS VERDES TO COMPLY WITH PART 1.9 OF DIVISION 24
OF THE CALIFORNIA HEALTH AND SAFETY CODE AND TAKING
CERTAIN ACTIONS IN CONNECTION THEREWITH, a copy of which is
attached hereto, in the following locations:
City Hall Ladera Linda Community Center
30940 Hawthorne Blvd. 32201 Forrestal Drive
Rancho Palos Verdes Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a true and correct affidavit of
posting.
(-1 (-717
City Clerk
W:\City Council Ordinances\affidavits\Ordinance 524-Form 150.doc