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Home My WebLink AboutMC-1198 Adopted: June 20, 2005 Effective: July 21, 2005 1 ORDINANCE NO. MC-1198 2 3 ORDINANCE OF THE CITY OF SAN BERNARDINO EXTENDING THE TIME LIMIT OF THE EFFECTIVENESS OF THE STATE COLLEGE REDEVELOPMENT PLAN; EXTENDING THE TIME LIMIT FOR PAYMENT OF INDEBTEDNESS AND RECEIPT OF PROPERTY TAXES UNDER THE REDEVELOPMENT PLAN FOR THE STATE COLLEGE REDEVELOPMENT PROJECT AREA; AND MAKING OTHER FINDINGS IN CONNECTION THEREWITH 4 5 6 7 8 WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agency") is 9 10 community redevelopment agency duly created, established and authorized to transact busines 11 and exercise its powers, all under and pursuant to the California Community Redevelopmen 12 Law (the "CRL") codified under Division 24, Part I of the California Health and Safety Cod 13 commencing at Section 33000; and 14 WHEREAS, the Agency is engaged in activities necessary and appropriate to carry ou 15 16 the Redevelopment Plan ("Redevelopment Plan") for the State College Redevelopment Projec 17 Area ("Project Area"), which was adopted by the Agency's legislative body, the San Bernardin 18 City Council ("City Council"), by Ordinance No. 3067 on April 27, 1970; and 19 WHEREAS, pursuant to California Health and Safety Code Section 33333.6, a tim 20 limit on the effectiveness of the Redevelopment Plan and a time limit on the period for paymen 21 22 of the indebtedness and receipt of property taxes under the Redevelopment Plan have bee 23 established; and 24 WHEREAS, Senate Bill 1045, approved on September I, 2003 and chaptered 0 25 September 2, 2003 ("SB 1045"), amended Health and Safety Code Section 33333.6 to provid 26 27 that the legislative body of the Agency may enact an ordinance to extend by one year the tim 28 limit on the effectiveness ofa Redevelopment Plan adopted prior to January I, 1994 and the tim limit for payment of indebtedness and the receipt of property taxes under the same when th 1 P:\AgendasIResolutionsIResoIUlions\2005\05-06-07 Ordinance Slate College Extension Reso A_doc MC-1l98 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Agency, under such a plan, is required to make a payment to the Educational Revenu Augmentation Fund pursuant to California Health and Safety Code Section 33681.9; and WHEREAS, SB 1045 further provides that such ordinance may be adopted withou compliance with the normal procedures for redevelopment plan amendments (see Californi Health and Safety Code Section 33333.6(d)(2)); and WHEREAS, the City Council desires to adopt this Ordinance to amend and exten certain time limitations of the Redevelopment Plan, as more particularly set forth below, i accordance with Section 33333.6 as amended by SB 1045; and WHEREAS, the enactment of this Ordinance is exempt for the California Enviromnenta Quality Act codified under California Public Resources Code Section 21000 et. seq. (hereinafte referred to as "CEQA") pursuant to CEQA Guidelines Section I 5378(b)(4) because it is a fisca activity which does not involve any commitment to any specific project which may result in potentially significant physical impact on the enviromnent. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CIT OF SAN BERNARDINO, AS FOLLOWS: SECTION 1. The current time limit on the effectiveness of the State Colleg Redevelopment Plan is hereby extended by one year from the existing time limit of April 27 2010 to April 27, 2011 and the Redevelopment Agency of the City of San Bernardino is hereb authorized to act with respect to the Redevelopment Plan at any time during which th Redevelopment Plan is effective. SECTION 2, The current time limit on paying indebtedness or receiving property taxe pursuant to the State College Redevelopment Plan and the Community Redevelopment Law i hereby extended by one year from the existing time limit of April 27, 2020 to April 27, 2021 an 21 22 23 24 25 26 27 28 2 P:\Agendas\ResoI1lIions\Rcsolutions\2005\05..Q6...01 Ordinance State College Extension Reso A.doc MC-1l98 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 invalid or unconstitutional without regard to whether any portion of the Ordinance would b subsequently declared invalid or unconstitutional. II II II II II II II II II II II II II II II II II II II II II 4 P:\AgendasIResolutionsIResolutionsl2005\05-06-07 Ordinance Slale College Extension Rcso A.doc Me-1198 1 ORDINANCE OF THE CITY OF SAN BERNARDINO EXTENDING THE TIME LIMIT OF THE EFFECTIVENESS OF THE STATE COLLEGE REDEVELOPMENT PLAN; EXTENDING THE TIME LIMIT FOR PAYMENT OF INDEBTEDNESS AND RECEIPT OF PROPERTY TAXES UNDER THE REDEVELOPMENT PLAN FOR THE STATE COLLEGE REDEVELOPMENT PROJECT AREA; AND MAKING OTHER FINDINGS IN CONNECTION THEREWITH 2 3 4 5 6 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the 7 City Council of the City of San Bernardino at a joint regular meeting thereof, held 8 9 on the 20th day of June , 2005, by the following vote, to wit. 10 Council Members: Aves Navs Abstain Absent 11 ESTRADA x - 12 LONGVILLE x 13 MCGINNIS ---X- 14 DERRY x 15 KELLEY ---'L 16 JOHNSON x 17 MC CAMMACK ---'L 18 19 Kacke~Jf. ~la~ !/Ja~ct;;rm;~t)A!J;rbtILdo Th' forego'", =10"= i. h=hy _"'~i' ;;ll~r ,,"' 4005 (((e~ u ith alles, Mayor of e City of San Bernardino 20 21 22 23 24 25 Approved as to form and legal content: 26 27 ,~ 28 5 P:\Agendas\Reso]utions\Resolutions\200S\05-06~07 Ordinance State College Extension Reso A.doc CITY OF SAN BElli"lARDINO (STATE COLLEGE REDEVELOPMENT PROJECT AREA) NOTICE OF EXEMPTION CALIFORNIA ENVIRONMENTAL QUALITY ACT TO: Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, California 95814 FROM: City of San Bernardino Economic Development Agency 201 North "E" Street, Suite 301 San Bernardino, California 92418 County Clerk County of San Bernardino 222 West Hospitality Lane San Bernardino, CA 92415 Project Title: State College Project Area (Mayor and Common Council Ordinance No. MC-1198) Project Location: 1800 acres in northwest sector of City of San Bernardino near 1-215 and University Parkway Project Location City: San Bernardino Project Location County: San Bernardino Description of Nature, Purpose, and Beneficiaries of Project: Ordinance Number MC-1198 authorizes a one (I) year extension of the term of the Redevelopment Plan for the State College Project Area as authorized by Health and Safety Code Section 33333.6, in order for the Redevelopment Agency of the City of San Bernardino to have a source of funds to repay indebtedness incurred by the Agency under the State-mandated program for the FY2003-04 ERAF payment to the San Bernardino County Auditor. Name of Public Agency Approving Project: City of San Bernardino Name of Person or Agency Carrying Out Project: Redevelopment Agency of the City of San Bernardino Exempt Status: (check one) D Ministerial (Sec. 21 080(b)(1); 15268); D Declared emergency (Sec. 21080(b)(3); 15269(a)); D Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); D Categorical Exemption. State type and section number: Iii Statutory Exemptions. State code-number: Health and Safety Code Section 33333.6(e)(2)C Title 14 California Code of Regulations Section 15378(b)(4) Reason Why Project is Exempt: The amendment to the Redevelopment Plan is authorized by Health and Safety Code Section 33333.6 and is required for the repayment to the Agency of indebtedness incurred under the State-mandated ERAF (Educational Revenue Augmentation Fund) FY 2003-04 payment to the San Bernardino County Auditor. Health and Safety Code Section 33333.6, specifically exempts the City of San Bernardino from having to comply with Public Resources Code Section 21151 in connection with the adoption of Ordinance No. MC- 1198_ Also the amendment to the Redevelopment Plan is not a "project" under CEQA but merely a fiscal activity of the City of San Bernardino and the Redevelopment Agency of the City of San Bernardino, which does not involve any commitment to any specific project, which may result in a potentially significant physical impact on the environment. Lead Agency Contact Person: Bernardino Gary Van asdel, Executive Director, Economic Development Agency of the City of San Area Code/ Telephone/Extension: 909.663.1044 . Signed by Lea gency D Signed by Applicant en filed by the public agency approving the project: Yes No Date: fh;!'} /' Title: Executive Director, Economic Development / Agency ofthe City of San Bernardino Date received for filing at OPR: Signature: 4844-5834-0864.1