O2368City Council Meeting: 8-23-11
Santa Monica, California
ORDINANCE NUMBER 2368 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AUTHORIZING THE CITY OF SANTA MONICA TO
PARTICIPATE IN THE ALTERNATIVE VOLUNTARY REDEVELOPMENT
PROGRAM, SUBJECT TO CERTAIN CONDITIONS AND
RESERVATIONS
WHEREAS, Assembly Bill x1 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 Redevelopment Agency of the City of Santa Monica ("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 (the
Earthquake Recovery Redevelopment Project, Downtown Project, and Ocean Park 1A
and 1 B Project 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
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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 orjudicial 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; and
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 SANTA MONICA 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 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
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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.
a
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.g, including without limitation, providing required riotices 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.
SECTION 6. Effective Date. The Mayor shall sign and the City Clerk shall attest
to the passage of this Ordinance. The City Clerk shall cause the same to be published
once in the official newspaper within 15 days after its adoption. This ordinance shall be
effective thirty days after its adoption.
APPROVED AS TO FORM:
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Approved and adopted this 23rd day of August, 2091
U ~-
Richard Bloom, Mayor
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that
the foregoing Ordinance No. 2368 (CCS) had its introduction on August 9, 2011,
and was adopted at the Santa Monica City Council meeting held on August 23,
2011, by the following vote:
Ayes: Council members: Holbrook, O'Connor, O'Day, McKeown, Shriver
Mayor Pro Tem Davis, Mayor Bloom
Noes: Council members: None
Absent: Council members: None
A summary of Ordinance No. 2368 (CCS) was duly published pursuant to
California Government Code Section 40806.
ATTEST:
~~~~ ~.~
Maria M. Stewart, City Jerk