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Home My WebLink AboutMC-1296 r--~' Adopted: April 20, 2009 Effective: Hay 21, 2009 1 ORDINANCE NO. MC-1296 2 3 ORDINANCE OF THE CITY OF SAN BERNARDINO EXTENDING THE TIME LIMIT OF THE EFFECTIVENESS OF THE SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PLAN; EXTENDING THE TIME LIMIT FOR PAYMENT OF INDEBTEDNESS AND RECEIPT OF PROPERTY TAXES UNDER THE REDEVELOPMENT PLAN FOR THE SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT AREA; AND MAKING OTHER FINDINGS IN CONNECTION THEREWITH (SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT AREA) 4 5 6 7 8 9 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") i a community redevelopment agency duly created, establishe,d 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 1 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 Southeast Industrial Par Redevelopment Project Area (the "Project Area"), which was adopted by the Agency' legislative body, the San Bernardino City Council (the "City Council"), by Ordinance No. 3583 on June 21,1976; and WHEREAS, pursuant to California Health and Safety Code (the "Code") Secti.o 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 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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Agency may enact an Ordinance to extend the time limit on the effectiveness of 27 Redevelopment Plan adopted prior to January 1, 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 28 1 P:\Asendu\Rcsolutions\Relolutions\2009\04-06-09 Ordinance D. SEIP Red. Plan Extensionl.doe MC-1296 1 "ERAF") pursuant to Code Section 33681.12; and WHEREAS, SB 1096 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 (1) 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 2 3 4 5 6 WHEREAS, for those project areas that have a time limit for the effectiveness of the' redevelopment plans of more than ten (10) years and less than twenty (20) years from the las day of the fiscal year in which the ERAF payment was made, the City Council is required t make findings that the Agency is in compliance with various items identified in Code Sectio 7 8 9 10 11 33333.6(e)(2)(D)(ii)(II); and 12 WHEREAS, the Agency is in compliance with the requirements of Code Sectio 33333.6(e)(2)(D)(ii)(II) based on the evidence and fmdings presented at the public hearing wi regards to the following enumerated obligations to thus allow the Agency to obtain the benefi of said Code Section and to extend the term of the Redevelopment Plan as provided in thi Ordinance: 1) Code Section 33334.2 requiring the Agency to use not less than twenty percen (20%) of all taxes allocated to the Agency for the purpose of increasing, improving an preserving the community's supply of low- and moderate-income housing available at affordabl housing cost; 2) Code Section 33490 requiring the Agency to currently have in place an adopte Implementation Plan; 3) Code Section 33413(a) whereby the Agency is required to replace low 13 14 15 16 17 18 19 20 21 and moderate-income housing that has been removed from the housing market as a result 0 being destroyed or removed as part of a redevelopment project; 4) Code Section 33413(b requiring the Agency to ensure that a certain percentage of all new and substantially rehabilitate dwelling units developed by the Agency shall be made available at affordable housing cost t moderate, low- and very low-income persons and families; and 5) Code Section 33334.1 requiring that the Agency have no sanctions placed upon it with regards to failure to expend encumber or disburse any excess surplus oflow- and moderate-income housing funds; and 22 23 24 25 26 27 28 2 P:\Apndu\ResoIutiOllJ\ResoIutioDI\2009\04-06-09 Ordinance D. SEIP Red. Plan ElttenIionl.doc MC-1296 1 WHEREAS, SB 1096 further provides that such Ordinance may be adopted withou compliance with the normal procedures for redevelopment plan amendments (see Code Sectio 2 3 33333.6(e)(3)(A)); and 4 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. 5 6 7 8 9 10 11 12 13 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDIN DO ORDAIN, AS FOLLOWS: 14 15 Section 1. The City Council fmds and determines, with respect to the Project Area, tha the Agency is in compliance with the requirements of California Health and Safety Code Sectio 33333.6(e)(2)(D)(ii)(II) and the Redevelopment Plan may therefore be extended for two (2 16 17 18 years pursuant to said Section. 19 The current time limit on the effectiveness of the Southeast Industrial Par Section 2. 20 Redevelopment Plan is hereby extended by two (2) years from the existing time limit of June 21 2017 to June 21, 2019, and the Agency is hereby authorized to act with respect to th Redevelopment Plan at any time during which the Redevelopment Plan is effective. 21 22 23 Section 3. The current time limit on paying indebtedness or receiving property taxe pursuant to the Southeast Industrial Park Redevelopment Plan and the CRL is hereby extende by two (2) years from the existing time limit of June 21,2027 to June 21, 2029, and the Agenc 24 25 26 is hereby authorized to act with respect thereto during such extended period. 27 28 3 P;\Agendu\Resolutiona\llcBOlutions\2()()9\()4.()6.. Ordinance D - SEIP Red. Plan Extensionl.doc MC-1296 1 Section 4. Except with respect to the amendments set forth herein, the Southeas Industrial Park Redevelopment Plan, as amended, is and shall remain unchanged and in full forc and effect in accordance with its terms. 2 3 4 Section 5. 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 6. 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 forth below. 5 6 7 8 9 10 11 Section 7. Following adoption, the City Clerk shall cause this Ordinance to be publishe in conformity with Government Code Section 36933. Section 8. 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 9. 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 this Ordinance. The City Council hereby declares that it would have passed this Ordinance an 12 13 14 15 16 17 18 19 20 21 each and every section, subsection, sentence, clause, or phrase not declared invalid 0 22 unconstitutional without regard to whether any portion of this Ordinance would be subsequentl declared invalid or unconstitutional. 23 24 III /II III III 25 26 27 28 4 P:\Agendu\Resolutions'\R.elOlutions\2009\04-06-09 Ordinance D. SElP Red. Plan Extenaion1.doe MC-1296 1 ORDINANCE OF THE CITY OF SAN BERNARDINO EXTENDING THE TIME LIMIT OF THE EFFECTIVENESS OF THE SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PLAN; EXTENDING THE TIME LIMIT FOR PAYMENT OF INDEBTEDNESS AND RECEIPT OF PROPERTY TAXES UNDER THE REDEVELOPMENT PLAN FOR THE SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT AREA; AND MAKING OTHER FINDINGS IN CONNECTION THEREWITH (SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT AREA) 2 3 4 5 6 7 8 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and 9 Common Council of the City of San Bernardino at a regular meeting thereof, held on the 10 20th day of ,2009, by the following vote, to wit. April 11 Council Members: 12 13 ESTRADA BAXTER BRINKER SHORETT KELLEY JOHNSON MCCAMMACK 14 15 16 17 18 19 20 'fJ(I~J.P ~~ 0:JRaC~?i;I~~~e5 The foregoing Ordinance is hereby approved this ~JS$- day of April .2009. 21 22 23 24 s~ Cl f San Bernardino 25 26 Approved as to Form: 27 28 A_ 1-, By: fi nes F. Penman, City Attorney U 5 P:\AgendaS\1lesoIutiOllS\ResolutioDs\2009\04.06-09 0nIinance D - SEIP Red. Plan Extensionl.doc