Laserfiche WebLink
WHEREAS, by adoption of this Urgency Ordinance, the City does not intend to waive any <br />right or make any acknowledgment or admission regarding and fully reserves all rights to challenge <br />the constitutionality, legality, validity, enforceability or applicability of California Health and Safety <br />Code Sections 34161, et seq., California Health and Safety Code Sections 34192, etseq., and related <br />statutes, repeal this Urgency Ordinance or recover any or all amounts paid pursuant to California <br />Health and Safety Code Sections 34192, et seq.; and <br />WHEREAS, pursuant to California Government Code Section 36937(b), the City Council <br />may adopt an urgency ordinance which is necessary for the immediate preservation of the public <br />peace, health or safety by a four-fifths vote without following the procedures otherwise required for <br />ordinance adoption. <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 Urgency Ordinance are true and correct <br />and are incorporated into this Urgency Ordinance by this reference. <br />Section 2. CEQA. Adoption ofthis Urgency Ordinance is exempt from the requirements <br />of the California Environmental Quality Act ("CEQA'), pursuant to State CEQA Guidelines (Title 14 <br />California Code of Regulations Sections 15000, et seq.) Section 15061(b)(3), because it can be seen <br />with certainty that payment of community remittance amounts to the County of San Bernardino will <br />not have a significant effect on the environment and pursuant to State CEQA Guidelines 15378(b)(4) <br />because payment of community remittance amounts to the County of San Bernardino is the creation <br />of government funding mechanisms or other government fiscal activities, which do not involve any <br />commitment to any specific project which may result in a potentially significant physical impact on the <br />environment. The City Clerk is authorized and directed to file a Notice of Exemption with the <br />appropriate official of the County of San Bernardino, California, within five (5) days following the <br />date of adoption of this Urgency Ordinance. <br />Section 3. Findings. The adoption of this Urgency Ordinance and this Urgency <br />Ordinance's immediate effectiveness are necessary for the immediate preservation ofthe public peace, <br />health and safety of the City because of each of the following findings of fact: <br />(a) California Health and Safety Code Sections 34161, et seq., paralyzes <br />the Agency, including prohibiting the Agency from incurring any new monetary or legal obligations or <br />expanding any existing monetary or legal obligations, entering into agreements with any person for <br />any purpose or amending or modifying any existing agreements, or taking any action with respect to a <br />redevelopment plan, unless and until the City Council adopts an urgency ordinance electing for the <br />City to participate in the "Alternative Voluntary Redevelopment Program" established pursuant to <br />California Health and Safety Code Sections 34192, et seg.. <br />(b) Prior to the effective date of a City Council urgency ordinance for the <br />City to participate in the "Alternative Voluntary Redevelopment Program" established pursuant to <br />California Health and Safety Code Sections 34192, et seq., the Agency is unable to continue efforts to <br />