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Home My WebLink About11-068 CC Resolution RESOLUTION NO. 11-68 A NONBINDING RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING ITS INTENT TO ADOPT AN ORDINANCE TO COMPLY WITH PART 1.9 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE AFTER OCTOBER 1, 2011, AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: A. The Redevelopment Agency of the City of Temecula (the "Agency") is a redevelopment agency in the City of Temecula (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. On June 12, 1988, the Board of Supervisors of the County of Riverside adopted Ordinance No. 658 adopting and approving the "Redevelopment Plan for Riverside County Redevelopment Project No. 1988-1" (hereafter the "Plan") in accordance with the provisions of the CRL. On December 1, 1989, the City of Temecula was incorporated. The boundaries of the Project Area described in the Plan (the "Project Area") are entirely within the boundaries of the City of Temecula. On April 9, 1991, the City Council of the City of Temecula adopted Ordinances Nos. 91-08, 91- 11, 91-14, and 91-15 establishing the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the Plan from the County to the City. Pursuant to Ordinance Nos. 91-11 and 91-15, the City of Temecula and the Redevelopment Agency of the City of Temecula assumed jurisdiction over the Plan as of July 1, 1991. The Plan has been amended by Ordinance Nos. 94-33, 06-11 and 07-20 adopted by the City Council. The Agency duly adopted its Implementation Plan for 2010-2014 on December 8, 2009 in accordance with Health and Safety Code Section 33490. The Agency is undertaking a program to redevelop the Project Area. C. ABX1 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 ABX1 26, ABX1 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, ABX1 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 R:/Resos 2011/Resos 11-68 1 agencies and subjects successor agency actions to the review of oversight boards established pursuant to the provisions of Part 1.85. D. ABX1 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 (the "Participation Ordinance"). 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 a Participation Ordinance, Part 1.9 provides that 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 it 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 if a Participating City intends to enact a Participation Ordinance after October 1, 2011, it must indicate that intention by adopting a nonbinding resolution of intent to that effect prior to October 1, 2011 (the "Intent Resolution") and notify the applicable county auditor-controller, the State Controller, and the Department of Finance before October 1, 2011, concerning the Intent Resolution. Pursuant to Part 1.9, this action will delay the dissolution of the redevelopment agency in the Participating City until November 1, 2011. H. The California Redevelopment Association and League of California Cities have filed a lawsuit in the Supreme Court of California alleging that ABX1 26 and ABX1 27 are unconstitutional. On August 11, 2011, the Supreme Court of California decided to hear the case and set a briefing schedule designed to allow the Supreme Court to decide the case before January 15, 2012. On August 11, 2011, the Supreme Court also issued a stay order, which was subsequently modified on August 17, 2011. Pursuant to the modified stay order, the Supreme Court granted a stay of all of ABX1 27 (i.e., Part 1.9), except for Health and Safety Code Section 34194(b)(2) (relating to the determination of cities' fiscal year 2011-12 remittance amounts) and a partial stay of ABX1 26. With respect to ABX1 26, Part 1.85 was stayed in its entirety, but Part 1.8 was not stayed. R:/Resos 2011/Resos 11-68 2 I. In the event the stay is lifted and the Supreme Court upholds ABX1 26 and ABX1 27, the City intends to adopt a Participation Ordinance after October 1, 2011, so that the Agency may continue to exist and carry out the provisions of the Redevelopment Law. Section 2. This Resolution is adopted pursuant to Health and Safety Code Section 34193. Section 3. The City Council hereby declares its intent to adopt a Participation Ordinance 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 in the event the stay is lifted and the Supreme Court upholds ABX1 26 and ABX1 27; provided that the adoption of this Resolution does not guarantee that the City will adopt a Participation Ordinance or make any remittances as specified in Part 1.9. Section 4. Neither the adoption of this Resolution nor the performance of actions under or pursuant to this Resolution is intended by the City or Agency to waive any right either may have to challenge the legality of all or any portion of ABX1 26 or ABX1 27 through administrative or judicial proceedings or to contest the remittance amount for any year. This Resolution shall be of no further force and effect if ABX1 26 or ABX1 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 County of Riverside Auditor-Controller, the State Controller, and the Department of Finance that the Council has adopted this Resolution, with such notification to be accompanied by a certified copy of this Resolution. Section 6. This Resolution has been reviewed with respect to appticability 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 Council has determined that this Resolution is not a"project" for purposes of CEQA, as that term is defined by Guidelines Section 15378, because this Resolution 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)). Section 7. 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 Resolution and any such actions previously taken by such officers are hereby ratified and confirmed. Section 8. The City Clerk is hereby directed to send a certified copy of this Resolution to the Agency. R:/Resos 2011/Resos 11-68 3 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 27 day of September, 2011. Ron Roberts, Mayor ATTEST: \ � �' �.� .s � _4 a. �c�..aQ.b- �.9 Michaela A. Ballreich Deputy City Clerk [SEAL] R:/Resos 2011/Resos 11-68 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Michaela A. Ballreich, Deputy City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 11-68 was duly and regutarly adopted by the City Council of the City of Temecula at a meeting thereof held on the 27 day of September, 2011, by the following vote: AYES: 5 COUNCIL MEMBERS: Comerchero, Edwards, Naggar, Washington, Roberts NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ��a�.�� Michaela A. Ballreich Deputy City Clerk R:/Resos 2011/Resos 11-68 5