Laserfiche WebLink
1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />pending the Supreme Court's determination of the constitutionality of AB 1X 26 and AB 1X <br />27; and <br />WHEREAS, on August 11, 2011, the Supreme Court issued an order in the <br />Legal Action granting a partial stay of California Health and Safety Code Section 34161 et <br />seq., exclusive of California Health and Safety Code Sections 34161 through 34167 (which <br />prohibit all new redevelopment activity), and a complete stay of California Health and Safety <br />Code Section 34192 et seq., such that the City and the Agency cannot currently pursue new <br />redevelopment activity under the Alternative Voluntary Redevelopment Program <br />(collectively, "Stay"); and <br />WHEREAS, on August 17, 2011, the Supreme Court modified the Stay such <br />that the Stay no longer affects California Health and Safety Code Sections 34167.5 through <br />34169.5, in addition to California Health and Safety Code Sections 34161 through 34167, or <br />California Health and Safety Code Section 34194(b)(2); and <br />WHEREAS, if upheld by the Supreme Court, the Alternative Voluntary <br />Redevelopment Program would allow the Agency to continue pursuing redevelopment within <br />the City, rather than being dissolved pursuant to California Health and Safety Code Section <br />34161 et seq.; and <br />WHEREAS, on August 2, 2011, the City conditionally elected to participate <br />in the Alternative Voluntary Redevelopment Program by adoption of Ordinance No. 0-03-11 <br />("Ordinance"), stating the City's election to participate in the program, if California Health <br />and Safety Code Section 34161 et seq., and California Health and Safety Code Section 34192 <br />et seq., are found to be constitutional; and <br />WHEREAS, the City intends to participate in the Alternative Voluntary <br />Redevelopment Program under the provisions of California Health and Safety Code Section <br />34161 et seq., and California Health and Safety Code Section 34192 et seq., as they existed <br />prior to imposition of the Stay, because such laws prohibit all new redevelopment activity <br />within the City, would dissolve the Agency and threaten the future health, safety and welfare <br />of the City; and <br />WHEREAS, the City does not intend to participate in the Alternative <br />Voluntary Redevelopment Program, if all or any portion of California Health and Safety Code <br />Section 34161 et seq., or California Health and Safety Code Section 34192 et seq., are <br />determined by a court of competent jurisdiction to be unconstitutional, illegal, invalid or <br />otherwise unenforceable or inapplicable, for any reason or in any manner that allows the <br />Agency to continue its operations and redevelopment activities in a manner acceptable to the <br />City Council, without the City's participation in the Alternative Voluntary Redevelopment <br />Program, and all appeals of such court determination are exhausted or unsuccessful, or the <br />time for filing an appeal of such court determination has lapsed; and <br />2 <br />