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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 />WHEREAS, if the City participates in the Alternative Voluntary Redevelopment <br />Program, but later fails to make the required Community Remittance payments to the County <br />of San Bernardino Auditor -Controller, the City will have assigned its rights to receive <br />payments under agreements with the Agency and the Agency will be subject to dissolution, <br />pursuant to California Health and Safety Code Sections 34161, et seq.; and <br />WHEREAS, the City intends to participate in the Alternative Voluntary <br />Redevelopment Program under the provisions of California Health and Safety Code Sections <br />34161, et seq., and California Health and Safety Code Sections 34192, et seq., as they existed <br />prior to imposition of the Stay, because such laws suspended all 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 Voluntary <br />Redevelopment Program, if all or any portion of California Health and Safety Code Sections <br />34161, et seq., or California Health and Safety Code Sections 34192, et seq., are determined <br />by a court of competent jurisdiction to be unconstitutional, illegal, invalid or otherwise <br />unenforceable or inapplicable, for any reason or in any manner that allows the Agency to <br />continue its operations and redevelopment activities in a manner acceptable to the City <br />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 />WHEREAS, by adoption of this Ordinance, the City does not intend to waive any <br />right or make any acknowledgment or admission regarding and fully reserves all rights to <br />challenge the constitutionality, legality, validity, enforceability or applicability of California <br />Health and Safety Code Sections 34161, et seq., California Health and Safety Code Sections <br />34192, et seq., and related statutes, repeal this Ordinance or recover any or all amounts paid <br />pursuant to California Health and Safety Code Sections 34192, et seq.; <br />NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON, <br />CALIFORNIA, DOES ORDAIN AS FOLLOWS: <br />Section 1. Recitals. The Recitals preceding this Ordinance are true and correct <br />and are incorporated into this Ordinance by this reference. <br />Section 2. CE A. Adoption of this Ordinance is exempt from the requirements <br />of the California Environmental Quality Act ("CEQA"), pursuant to State CEQA Guidelines <br />(Title 14 California Code of Regulations Sections 15000, et seq.) Section 15061(b)(3), <br />because it can be seen with certainty that payment of Community Remittance amounts to the <br />County of San Bernardino will not have a significant effect on the environment and pursuant <br />to State CEQA Guidelines 15378(b)(4) because payment of Community Remittance amounts <br />to the County of San Bernardino is the creation of government funding mechanisms or other <br />government fiscal activities, which do not involve any commitment to any specific project <br />which may result in a potentially significant physical impact on the environment. The City <br />Clerk is authorized and directed to file a Notice of Exemption with the appropriate official of <br />the County of San Bernardino, California, within five (5) days following the date of adoption <br />of this Ordinance. <br />3 <br />