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Home My WebLink AboutMC-1293 Adopted: Effective: April .20. 2009 Hay 21. 2009 1 ORDINANCE NO. MC-1293 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 (STATE COLLEGE REDEVELOPMENT PROJECT AREA) 4 5 6 7 8 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") i a community redevelopment agency duly created, established and authorized to transact busines and exercise its powers, all under and pursuant to the California Community Redevelopmen Law (the "CRL") codified under Division 24, Part I of the California Health and Safety Cod commencing at Section 33000; and WHEREAS, the Agency is engaged in activities necessary and appropriate to carry ou the Redevelopment Plan (the "Redevelopment Plan") for the State College Redevelopmen Project Area (the "Project Area"), which was adopted by the Agency's legislative body, the S Bernardino City Council (the "City Council"), by Ordinance No. 3067 on April 27, 1970; and WHEREAS, pursuant to California Health and Safety Code (the "Code") Sectio 33333.6, a time limit on the effectiveness of the Redevelopment Plan and a time limit on th period for payment of the indebtedness and receipt of property taxes under the Redevelopmen Plan have been established; and 9 10 11 12 13 14 15 16 17 18 19 20 21 22 WHEREAS, Senate Bill 1096, approved on August 5, 2004 and chaptered on August 5 2004 (the "SB 1096"), amended Code Section 33333.6 to provide that the legislative body ofth 23 24 Agency may enact an Ordinance to extend the time limit on the effectiveness of Redevelopment Plan adopted prior to January I, 1994, and the time limit for payment 0 indebtedness and the receipt of property taxes under the same when the Agency, under such plan, is required to make a payment to the Educational Revenue Augmentation Fund (th 25 26 27 28 "ERAF") pursuant to Code Section 33681.12; and 1 P:\Agendas\Resolutions\Resolutiona\2009\04-06-09 Ordinance A. SC Red. Plan Extensionl.doe MC-1293 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 WHEREAS, SB 1096 further provides that the time limit on the effectiveness of th Redevelopment Plan, the time limit for payment of indebtedness and the receipt of property taxe may be extended by one (I) year for each year of the ERAF payment for Fiscal Years 2004-2005 and 2005-2006 (see Code Section 33333.6(e)(2)(D)); and WHEREAS, SB 1096 further provides that such Ordinance may be adopted withou compliance with the normal procedures for redevelopment plan amendments (see Code Sectio 33333.6(e)(3)(A)); 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 Code Section 33333.6, as amended by SB 1096; and WHEREAS, the enactment of this Ordinance is exempt for the California Environmen Quality Act codified under California Public Resources Code Section 21000 et sea. (hereinafte referred to as "CEQA") pursuant to CEQA Guidelines Section 15378(b)(4) because it is a fisc activity which does not involve any commitment to any specific project which may result in potentially significant physical impact on the environment. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDIN DO ORDAIN, AS FOLLOWS: Section 1. The current time limit on the effectiveness of the State Colleg Redevelopment Plan is hereby extended by two (2) years from the existing time limit of Apri 27, 2011 to April 27, 2013, and the Agency is hereby authorized to act with respect to th Redevelopment Plan at any time during which the 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 CRL is hereby extended by two (2 years from the existing time limit of April 27, 2021 to April 27, 2023, and the Agency is hereb authorized to act with respect thereto during such extended period. Section 3. Except with respect to the amendments set forth herein, the State Colleg Redevelopment Plan, as amended, is and shall remain unchanged and in full force and effect i 2 P:~ndas\ResoIutionI\Resolutions\2009\04-06-09 Ordinance A - sc Red. Plan Extensionl.doc I~- I I , MC-1293 1 accordance with its terms. 2 6 Section 4. The City Clerk is hereby authorized to file a Notice of Exemption with th County of San Bernardino pursuant to the CEQA Guidelines, Section 15094. Section 5. This Ordinance shall go into effect and be in full force and operation from an after thirty (30) days after its final passage and adoption. The City Clerk shall certify to th passage and adoption of this Ordinance and shall cause this Ordinance to be published as se 3 4 5 7 forth below. 8 9 Section 6. Following adoption, the City Clerk shall cause this Ordinance to be publishe in conformity with Government Code, Section 36933. Section 7. Inconsistent Provisions. Any provision of the City of San Bernardin Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to th extent of such inconsistencies and no further, is hereby repealed or modified to the exten necessary to effect the provisions of this Ordinance. Section 8. Constitutionality. If any section, subsection, sentence, clause, or phrase 0 this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any co of competent jurisdiction, such decision shall not affect the validity of the remaining portions 0 10 11 12 13 14 15 16 17 18 this Ordinance. The City Council hereby declares that it would have passed this Ordinance an each and every section, subsection, sentence, clause, or phrase not declared invalid 0 unconstitutional without regard to whether any portion of this Ordinance would be subsequentl declared invalid or unconstitutional. 19 20 21 22 III 23 III 24 25 III 26 III 27 III 28 III 3 P:\Aa;endu\Resolutions\Resoluti0ns\2009\04-06-09 Ordinance A. SC Red, Plan Extensionl.doc MC-1293 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 (STATE COLLEGE REDEVELOPMENT PROJECT AREA) 2 3 4 5 6 7 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and 8 Common Council of the City of San Bernardino at a regular meeting thereof, held on the 9 . 2009, by the following vote, to wit. 10 20th day of April Council Members: Aves ESTRADA x BAXTER ~ BRINKER -x- SHORETT --X- KELLEY ~ JOHNSON ....K...- MC CAMMACK x Abstain Absent Navs 11 12 13 14 15 16 17 18 19 ~.LJ. ~ L _ RaW1el G. Clark, City Clerk ,+ IJ~ IT(7 ~; L ~ $l.1~ ~ )I The foregoing Ordinance is hereby approved this ;).1 day of April , 2009. 20 21 22 23 24 25 26 Approved as to Form: 27 4 28 P:\Agendu\ResolutiODs\Resohrtions\2009\04-06-09 Ordinance A . SC Red, Plan Exteniionl.doc