Azusa Municipal Code Art. III Redevelopment Agency

Footnotes:

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Cross reference— Administration, ch. 2.

It is found and declared, pursuant to Health and Safety Code § 33101, that there is a need for the redevelopment agency created by Health and Safety Code § 33100 to function in the city, and the agency is authorized to transact business and exercise its power under Health and Safety Code §§ 33000—33855.

(Code 1971, § 2.80.010)

Pursuant to Health and Safety Code § 33200, the council declares itself to be the agency provided in section 54-71 and that all the rights, powers, duties, privileges and immunities vested by the community redevelopment law in such agency shall be and are vested in the council.

(Code 1971, § 2.80.020)

(a) 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 AB 1X 27.

(b) Payment under protest. Except as set forth in subsection (c), 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.

(c) 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 AB 1X 26 and AB 1X 27 or determines that AB 1X 26 and AB 1X 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 AB 1X 26 and AB 1X 27 are unconstitutional. If there is a final determination that AB 1X 26 and AB 1X 27 are invalid, this section shall be deemed to be null and void and of no further force or effect.

(d) Implementation. The city council hereby authorizes and directs the city manager to take any action and execute any documents necessary to implement this section, including but not limited to notifying the Los Angeles County Auditor-Controller, the Controller of the State of California, and the California Department of Finance of the adoption of this section 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 AB 1X 27.

(e) 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 section, to pledge any of its general fund revenues or assets to make the remittance payments.

(f) 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 Los Angeles in accordance with CEQA Guidelines.

(g) 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 213 E. Foothill Blvd., Azusa, California, 91702. The custodian for these records is the city clerk.

(Ord. No. 11-O15, §§ 2—8, 9-6-11)

Editor's note— Ord. No. 11-O15, §§ 2—8, adopted September 6, 2011, did not specifically amend the Code; hence, inclusion herein as § 54-73 was at the discretion of the editor. See also the Code Comparative Table.