259 ORDINANCE NO. . .259
AN ORDINANCE OF THE CITY OF GRAND TERRACE ELECTING TO
COMPLY WITH: AND PARTICIPATE IN THE ALTERNATIVE
VOLUNTARY.REDEVELOPMENT PROGRAM CONTAINED IN PART 1.9
OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE
WHEREAS, the Community Redevelopment Agency of. the City: of.'Grand .Terrace,
("Agency") is a community redevelopment agency organized and existing under the California
Community\RedevelHealth . . .
opment Law,. and Safety Code Sections 33000, et seq. .("CRL") and has
been authorized to transact business and exercise the powers of a redevelopment agency pursuant to
action of the City Council-("City Council")of the City of Grand Terrace ("City"); and
WHEREAS, the City Council approved a redevelopment plan for a redevelopment project. .
and project.area(the "Original Plan" and"Original Project Area", respectively, by Ordinance No.25
adopted September :`27,. 1979, which has: subsequently been amended by an amendment
("Amendment No. 1"), as approved by Ordinance No. 31 adopted on January 17, 1980, an additional
amendment("Amendment No. 2") as approved by Ordinance No. 52:on July 15, 1981, an additional.
amendment("Amendment No. 3") as approved by Ordinance No.:187 on July 22, 1999, an additional
amendment ("Amendment No: 4") as approved by Ordinance No. 202 on September 12, 2002; an
additional amendment ("Amendment No. 5") as approved by Ordinance,No. 212 on July 22, 2004,
and an additional amendment ("Amendment No. 6") as approved by Ordinance No. 250 on May 11,
2010 approving an amended and restated redevelopment plan (herein,the:"Amended Redevelopment
Plan") for the project area as established by Ordinance No. 25 and thereafter amended as set forth
above under the Amended Redevelopment Plan(the"Amended Project Area");and
WHEREAS, Parts 1.8,: .1.85 and 1.9 of Division 24 of the Health and:Safety Code were
added to the CRL by ABX1 26 and ABX1 27, which measures purport to become effective
:. immediately. . ABX1 26 and ABX1 27, which are trailer bills .to the 2011-12 budget bills, were
tilities, open
space, recreation facilities and other improvements not dedicated to public
use shall be maintained by the property owners. Provisions acceptable to
the affected City Departments shall be made for the preservation and
maintenance of all such improvements prior to the issuance of building
permits.
Page 9of10
e 8 of 10
shall remain valid and enforceable. .
SECTION 7. This ordinance shall take effect thirty days from the date of .
adoption.
SECTION 8. First read at a regular meeting of the City Council held on the 10th
day of January, 2012 and finally adopted and ordered posted at a regular meeting -of
said City Council on the 24th day of January, 2012..
Page 2 of 10
toring device or method required under this ordinance shall, upon
conviction, be punished by a fine of not less than three thousand dollars ($3,000)
per day of violation or by imprisonment or by both.
ppropriate legal, equitable, or injunctive
relief against any person who has violated or continues to violate any provision of
cer of the discharger.
_ I
wastes
discharged within the spill containment system shall be disposed of in accordance with
all applicable federal, state, and local rules, regulations, and laws, and shall not be
e receipt of a supplemental or amended application, the community
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
approved by both houses of the Legislature on June 15, 2011 and signed by the Governor on June 28,
2011; and
WHEREAS, Part 1.85 of the CRL ("Part 1.85") provides for the statewide dissolution of all
redevelopment agencies, including the Agency, as of October 1, 2011, and provides that,thereafter, a
successor agency to administer the enforceable obligations of the Agency and otherwise wind up the
Agency's affairs, all subject to the review and approval by an oversight committee; and
WHEREAS, Part 1.8 of the CRL ("Part 1.8") provides for the restriction of activities and
authority of the Agency in the interim period prior to dissolution to certain "enforceable obligations"
and to actions required for the general winding up of affairs, preservation of assets, and certain other
goals delineated in Part 1.8; and
WHEREAS, the dissolution of the Agency would be detrimental to the health, safety, and
economic well-being of the residents of the City and cause irreparable harm to the community,
because, among other reasons, the redevelopment activities and projects made possible,
implemented, and funded by the Agency are highly significant and of enduring benefit to the
community and the City, and are a critical component of its future; and
WHEREAS, Part 1.9 of the CRL ("Part 1.9") provides that a redevelopment agency may
continue in operation if a city or county that includes a redevelopment agency adopts an ordinance
agreeing to comply with and participate in the Alternative Voluntary Redevelopment Program
established in Part 1.9 ("Program"); and
WHEREAS, as a condition of the Agency's continued existence and operation of its
redevelopment agency, the City is required to make certain annual remittances to the county
auditor-controller pursuant to Chapter 3 of Part 1.9, beginning with a larger upfront remittance for
2
WHEREAS, Parts 1.8,: .1.85 and 1.9 of Division 24 of the Health and:Safety Code were
added to the CRL by ABX1 26 and ABX1 27, which measures purport to become effective
:. immediately. . ABX1 26 and ABX1 27, which are trailer bills .to the 2011-12 budget bills, were
tilities, open
space, recreation facilities and other improvements not dedicated to public
use shall be maintained by the property owners. Provisions acceptable to
the affected City Departments shall be made for the preservation and
maintenance of all such improvements prior to the issuance of building
permits.
Page 9of10
e 8 of 10
shall remain valid and enforceable. .
SECTION 7. This ordinance shall take effect thirty days from the date of .
adoption.
SECTION 8. First read at a regular meeting of the City Council held on the 10th
day of January, 2012 and finally adopted and ordered posted at a regular meeting -of
said City Council on the 24th day of January, 2012..
Page 2 of 10
toring device or method required under this ordinance shall, upon
conviction, be punished by a fine of not less than three thousand dollars ($3,000)
per day of violation or by imprisonment or by both.
ppropriate legal, equitable, or injunctive
relief against any person who has violated or continues to violate any provision of
cer of the discharger.
_ I
wastes
discharged within the spill containment system shall be disposed of in accordance with
all applicable federal, state, and local rules, regulations, and laws, and shall not be
e receipt of a supplemental or amended application, the community
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
the 2011.-2012 fiscal year ("First Remittance"), to be paid in two equal installments on January 15,
} 2012 and May 15, 2012; and
WHEREAS, the City will have sufficient moneys and revenues to fund an amount equal to
the City's payment of the First Remittance and expects to have sufficient moneys and revenues to
fund the subsequent annual remittances required by Part 1.9; and
WHEREAS, the City's needs are such that it can commit to spend the funds received from
the Agency pursuant to the Agreement to Transfer Tax Increment (defined below) to finance
activities within the Redevelopment Project that are related to accomplishing the goals of the
Redevelopment Project, including without limitation: the promotion of public improvement facilities;
the provision of adequate roadways to correct street alignment problems, to provide adequate
circulation and access to highways; the provision of needed improvements to the community's
recreational, cultural and other community facilities to better serve the Amended-Project Area; to
eliminate and prevent the spread of blight and deterioration; the enhancement and renovation of
businesses within the Amended Project Area; and expanding the resource of developable land by
making underutilized land available for development; and
WHEREAS, the City and Agency intend to execute an agreement pursuant to CRL Section
34194.2, whereby the Agency shall make an initial transfer of a portion of its tax increment to the
City in an amount equal the First Remittance, and thereafter to transfer amounts of tax increment
equal to any subsequent remittance which the City is required to make to the county auditor-
controller pursuant to the City's participation in the Program ("Agreement to Transfer Tax
Increment"); and
WHEREAS, the City is aware that the validity, passage, and applicability of ABX1 26 and
ABX1 27 may become the subject of a judicial challenge; and
3
ety Code were
added to the CRL by ABX1 26 and ABX1 27, which measures purport to become effective
:. immediately. . ABX1 26 and ABX1 27, which are trailer bills .to the 2011-12 budget bills, were
tilities, open
space, recreation facilities and other improvements not dedicated to public
use shall be maintained by the property owners. Provisions acceptable to
the affected City Departments shall be made for the preservation and
maintenance of all such improvements prior to the issuance of building
permits.
Page 9of10
e 8 of 10
shall remain valid and enforceable. .
SECTION 7. This ordinance shall take effect thirty days from the date of .
adoption.
SECTION 8. First read at a regular meeting of the City Council held on the 10th
day of January, 2012 and finally adopted and ordered posted at a regular meeting -of
said City Council on the 24th day of January, 2012..
Page 2 of 10
toring device or method required under this ordinance shall, upon
conviction, be punished by a fine of not less than three thousand dollars ($3,000)
per day of violation or by imprisonment or by both.
ppropriate legal, equitable, or injunctive
relief against any person who has violated or continues to violate any provision of
cer of the discharger.
_ I
wastes
discharged within the spill containment system shall be disposed of in accordance with
all applicable federal, state, and local rules, regulations, and laws, and shall not be
e receipt of a supplemental or amended application, the community
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
WHEREAS, the City, by the adoption of this Ordinance, does not represent, disclaim, or
take any position whatsoever on the issue of the validity of ABX1 26 or ABX1 27,but rather the City
seeks to comply with the Constitution and laws of the State of California, including Part 1.9, in order
to preserve the ability of the Agency to continue to operate and thereby benefit the community; and
WHEREAS, it is hereby acknowledged by the City Council that the League of California
Cities and the California Redevelopment Association have respectively expressed the view that
certain or all provisions of ABX1 26 and ABX1 27 including, but not limited to the effectiveness
date,violate the State Constitution and other laws (collectively, "Laws"); and
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 regarding challenges, by the City or others, to the validity of any or all
provisions of ABX1 26 and ABX1 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 waive any
rights of appeal regarding the amount of any remittance established by the Department of Finance, as
provided in Part 1.9; and
WHEREAS,the City is the lead agency concerning this Ordinance pursuant to the California
Environmental Quality Act (codified as Public Resources Code Sections 21000 et seq) ("CEQA")
and the State CEQA Guidelines; and
WHEREAS, City staff has determined that this Ordinance is exempt from CEQA, pursuant
to CEQA Guidelines Section 15378 (b)(4), because such authorizations are not considered a project
subject to CEQA review. The community remittance is a government funding mechanism and fiscal
4
were
added to the CRL by ABX1 26 and ABX1 27, which measures purport to become effective
:. immediately. . ABX1 26 and ABX1 27, which are trailer bills .to the 2011-12 budget bills, were
tilities, open
space, recreation facilities and other improvements not dedicated to public
use shall be maintained by the property owners. Provisions acceptable to
the affected City Departments shall be made for the preservation and
maintenance of all such improvements prior to the issuance of building
permits.
Page 9of10
e 8 of 10
shall remain valid and enforceable. .
SECTION 7. This ordinance shall take effect thirty days from the date of .
adoption.
SECTION 8. First read at a regular meeting of the City Council held on the 10th
day of January, 2012 and finally adopted and ordered posted at a regular meeting -of
said City Council on the 24th day of January, 2012..
Page 2 of 10
toring device or method required under this ordinance shall, upon
conviction, be punished by a fine of not less than three thousand dollars ($3,000)
per day of violation or by imprisonment or by both.
ppropriate legal, equitable, or injunctive
relief against any person who has violated or continues to violate any provision of
cer of the discharger.
_ I
wastes
discharged within the spill containment system shall be disposed of in accordance with
all applicable federal, state, and local rules, regulations, and laws, and shall not be
e receipt of a supplemental or amended application, the community
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
activity, which does not involve any commitment to any specific project which may result in a
potentially significant environmental impact; and
WHEREAS, the City has duly considered all other related matters and has determined that
the City's participation in the Program is in the best interests of the City, and the health, safety, and
welfare of its residents,and in accord with the public purposes and provisions of applicable state and
local laws and requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE
DOES ORDAIN AS FOLLOWS:
1. The foregoing recitals are true and correct.
2. The City hereby finds that (i)the dissolution of the Agency would be detrimental and
cause irreparable harm to the community and to the health, safety, and economic well-being of the
citizens of the City, and (ii) the types of activities and projects made possible, implemented, and
funded by the Agency are highly significant and of enduring benefit to the community and the City,
and are a critical component of its future; and
3. The City hereby ordains that the City shall comply with the Constitution and the laws
of the State of California, subject to the provisions hereof, including Part 1.9, including the
determination of remittance amounts, appeal rights in relation thereto, and the making of the
remittances referred to in CRL Section 34194(b) and (c) at the times and in the manner described in
Part 1.9. This ordinance is that ordinance referred to in CRL Section 34193 and shall be interpreted
and applied in all respects so as to comply with Part 1.9,to the fullest extent permitted by law.
5
elines; and
WHEREAS, City staff has determined that this Ordinance is exempt from CEQA, pursuant
to CEQA Guidelines Section 15378 (b)(4), because such authorizations are not considered a project
subject to CEQA review. The community remittance is a government funding mechanism and fiscal
4
were
added to the CRL by ABX1 26 and ABX1 27, which measures purport to become effective
:. immediately. . ABX1 26 and ABX1 27, which are trailer bills .to the 2011-12 budget bills, were
tilities, open
space, recreation facilities and other improvements not dedicated to public
use shall be maintained by the property owners. Provisions acceptable to
the affected City Departments shall be made for the preservation and
maintenance of all such improvements prior to the issuance of building
permits.
Page 9of10
e 8 of 10
shall remain valid and enforceable. .
SECTION 7. This ordinance shall take effect thirty days from the date of .
adoption.
SECTION 8. First read at a regular meeting of the City Council held on the 10th
day of January, 2012 and finally adopted and ordered posted at a regular meeting -of
said City Council on the 24th day of January, 2012..
Page 2 of 10
toring device or method required under this ordinance shall, upon
conviction, be punished by a fine of not less than three thousand dollars ($3,000)
per day of violation or by imprisonment or by both.
ppropriate legal, equitable, or injunctive
relief against any person who has violated or continues to violate any provision of
cer of the discharger.
_ I
wastes
discharged within the spill containment system shall be disposed of in accordance with
all applicable federal, state, and local rules, regulations, and laws, and shall not be
e receipt of a supplemental or amended application, the community
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
4. On or before November 1, 2011, the City Manager is hereby authorized and directed
to notify the county auditor-controller, the Controller of the State, and the State Department of
Finance that the City agrees to comply with the provisions of Part 1.9 as provided hereunder, such
notice to be in accordance with CRL Section 34193.1. 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.
5. The City's remittances to the county auditor-controller made pursuant to Part 1.9 may
be paid from any legally available funds of the City not otherwise obligated for other uses in
accordance with Section 34194.1. Nothing herein is intended or shall be interpreted to require any
payments or impose any financial or other obligation of the City other than in accordance with the
Constitution and laws of the State of California, including Part 1.9.
6. Neither the adoption of this Ordinance, nor the acknowledgment of or references to
any provisions of ABX1 26 and ABX1 27, nor the City's payment of any remittances contemplated
by ABX1 27 shall be deemed to be, nor are they intended as, an acknowledgment of the validity of
ABX1 26 and ABX1 27, and the City reserves all right in its sole discretion to challenge the validity
of any or all provisions of ABX1 26 and ABX1 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.
7. The City Council determines that approval of this Ordinance exempt from CEQA,
pursuant to CEQA Guidelines Section 15378 (b)(4), because such approval not considered a project
subject to CEQA review. The payment is a government funding mechanism and fiscal activity which
6
6 and ABX1 27, which are trailer bills .to the 2011-12 budget bills, were
tilities, open
space, recreation facilities and other improvements not dedicated to public
use shall be maintained by the property owners. Provisions acceptable to
the affected City Departments shall be made for the preservation and
maintenance of all such improvements prior to the issuance of building
permits.
Page 9of10
e 8 of 10
shall remain valid and enforceable. .
SECTION 7. This ordinance shall take effect thirty days from the date of .
adoption.
SECTION 8. First read at a regular meeting of the City Council held on the 10th
day of January, 2012 and finally adopted and ordered posted at a regular meeting -of
said City Council on the 24th day of January, 2012..
Page 2 of 10
toring device or method required under this ordinance shall, upon
conviction, be punished by a fine of not less than three thousand dollars ($3,000)
per day of violation or by imprisonment or by both.
ppropriate legal, equitable, or injunctive
relief against any person who has violated or continues to violate any provision of
cer of the discharger.
_ I
wastes
discharged within the spill containment system shall be disposed of in accordance with
all applicable federal, state, and local rules, regulations, and laws, and shall not be
e receipt of a supplemental or amended application, the community
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
does not involve any commitment to any specific project which may result in a potentially significant
environmental impact.
8. The City Council hereby authorizes and directs that a Notice of Exemption shall be
filed with the Clerk of the Board of Supervisors of the County of San Bernardino, California, within
five (5)working days following the date of adoption of this Ordinance.
9. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a
summary of it, to be published once within 15 days of adoption in a newspaper of general circulation
printed and published within the City of Grand Terrace, and shall post a certified copy of this
Ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance
with Government Code § 36933.
10. The City Clerk shall certify to the passage and adoption of this Resolution and the
same shall thereupon take effect and be in force immediately upon its adoption.
11. This Ordinance shall become effective thirty (30) days after the date of the final
passage and adoption hereof.
7
Constitution and laws of the State of California, including Part 1.9.
6. Neither the adoption of this Ordinance, nor the acknowledgment of or references to
any provisions of ABX1 26 and ABX1 27, nor the City's payment of any remittances contemplated
by ABX1 27 shall be deemed to be, nor are they intended as, an acknowledgment of the validity of
ABX1 26 and ABX1 27, and the City reserves all right in its sole discretion to challenge the validity
of any or all provisions of ABX1 26 and ABX1 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.
7. The City Council determines that approval of this Ordinance exempt from CEQA,
pursuant to CEQA Guidelines Section 15378 (b)(4), because such approval not considered a project
subject to CEQA review. The payment is a government funding mechanism and fiscal activity which
6
6 and ABX1 27, which are trailer bills .to the 2011-12 budget bills, were
tilities, open
space, recreation facilities and other improvements not dedicated to public
use shall be maintained by the property owners. Provisions acceptable to
the affected City Departments shall be made for the preservation and
maintenance of all such improvements prior to the issuance of building
permits.
Page 9of10
e 8 of 10
shall remain valid and enforceable. .
SECTION 7. This ordinance shall take effect thirty days from the date of .
adoption.
SECTION 8. First read at a regular meeting of the City Council held on the 10th
day of January, 2012 and finally adopted and ordered posted at a regular meeting -of
said City Council on the 24th day of January, 2012..
Page 2 of 10
toring device or method required under this ordinance shall, upon
conviction, be punished by a fine of not less than three thousand dollars ($3,000)
per day of violation or by imprisonment or by both.
ppropriate legal, equitable, or injunctive
relief against any person who has violated or continues to violate any provision of
cer of the discharger.
_ I
wastes
discharged within the spill containment system shall be disposed of in accordance with
all applicable federal, state, and local rules, regulations, and laws, and shall not be
e receipt of a supplemental or amended application, the community
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
PASSED APPROVED AND ADOPTED this 9th day of August , 2011.
Mayor
ATTEST:
kfiLC,bni/rOU
City Clerk
APPROVED AS T FORM:
City Attorney
8
Any failure to so maintain is
unlawful and a public nuisance endangering the health, safety and general
welfare of the public and a detriment to the surrounding community.
- .I
Page 10 of 10
cil of the City of
Grand Terrace held on the 24th day of January 2012, by the following vote:
AYES: Councilmembers McNaboe, Sandoval and Hays; Mayor Pro Tem Garcia and
Mayor Stanckiewitz
NOES: None
ABSENT: None
ABSTAIN: None
a
i kA .11S
Tracey Ma i` ez, oity Clerk
Approved a for
Richar . Adams, City Attorney
Page 3of10
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )ss
CITY OF GRAND TERRACE )
I, , City Clerk of the City of Grand Terrace, do hereby certify that the foregoing
Ordinance No. 259 was duly passed and adopted at a regular meeting of the City Council of
the City of Grand Terrace held on the 9th day of August ,2011.
Upon motion of City Council Member Hays , seconded by City Council Member
Sandoval ,the foregoing Ordinance No. 259 was duly passed and adopted.
Vote on the motion:
AYES: Councilmembers McNaboe, Sandoval and Hays; Mayor Pro Tem Garcia
and Mayor Stanckiewitz
NOES: None
ABSENT: None
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of
G and,Terracethis 22ndt'day of August , 2011. = .
Vrends Mesa;City C�letk
9