HomeMy WebLinkAboutMC-1297
Adopted: April 20, 2009
Effective: Hay 21, 2009
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ORDINANCE NO. MC-1297
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ORDINANCE OF THE CITY OF SAN BERNARDINO EXTENDING THE
TIME LIMIT OF THE EFFECTIVENESS OF THE NORTHWEST
REDEVELOPMENT PLAN; EXTENDING THE TIME LIMIT FOR
PAYMENT OF INDEBTEDNESS AND RECEIPT OF PROPERTY TAXES
UNDER THE REDEVELOPMENT PLAN FOR THE NORTHWEST
REDEVELOPMENT PROJECT AREA; AND MAKING OTHER
FINDINGS IN CONNECTION THEREWITH (NORTHWEST
REDEVELOPMENT PROJECT AREA)
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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
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Law (the "CRL") codified under Division 24, Part 1 of the California Health and Safety Cod
commencing at Section 33000; and
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WHEREAS, the Agency is engaged in activities necessary and appropriate to carry ou
the Redevelopment Plan (the "Redevelopment Plan") for the Northwest Redevelopment Projec
Area (the "Project Area"), which was adopted by the Agency's legislative body, the S
Bernardino City Council (the "City Council"), by Ordinance No. MC-189 on July 6,1982; 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
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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
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Agency may enact an Ordinance to extend the time limit on the effectiveness of
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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
"ERAF") pursuant to Code Section 33681.12; and
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MC-1297
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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
WHEREAS, for those project areas that have a time limit for the effectiveness of thei
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
33333.6(e)(2)(D)(ii)(II); and
WHEREAS, the Agency IS In compliance with the requirements of Code Sectio
33333.6(e)(2)(D)(ii)(II) based on the evidence and findings presented at the public hearing wi
regards to the following enumerated obligations to thus allow the Agency to obtain the benefit
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 oflow- 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
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
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MC-1297
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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 1 5378(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 City Council finds 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
years pursuant to said Section.
Section 2. The current time limit on the effectiveness of the Northwes
Redevelopment Plan is hereby extended by two (2) years from the existing time limit of July 6
2023 to July 6, 2025, 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 3. The current time limit on paying indebtedness or receiving property taxe
pursuant to the Northwest Redevelopment Plan and the CRL is hereby extended by two (2) year
from the existing time limit of July 6, 2033 to July 6, 2035, and the Agency is hereby authorize
to act with respect thereto during such extended period.
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Section 4. Except with respect to the amendments set forth herein, the Northwes
Redevelopment Plan, as amended, is and shall remain unchanged and in full force and effect i
accordance with its terms.
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.
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
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 subsequent!
declared invalid or unconstitutional.
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MC-1297
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ORDINANCE OF THE CITY OF SAN BERNARDINO EXTENDING THE
TIME LIMIT OF THE EFFECTIVENESS OF THE NORTHWEST
REDEVELOPMENT PLAN; EXTENDING THE TIME LIMIT FOR
PAYMENT OF INDEBTEDNESS AND RECEIPT OF PROPERTY TAXES
UNDER THE REDEVELOPMENT PLAN FOR THE NORTHWEST
REDEVELOPMENT PROJECT AREA; AND MAKING OTHER
FINDINGS IN CONNECTION THEREWITH (NORTHWEST
REDEVELOPMENT PROJECT AREA)
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I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a regujar meeting thereof, held on the
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20th day of April
Council Members: Aves
ESTRADA x
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BAXTER x
BRINKER ...x..-
SHORETT x
KELLEY ...x..-
JOHNSON --X-
MC CAMMACK
x
, 2009, by the following vote, to wit.
Abstain
Absent
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Navs
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1a ~I.~ .JJ. eI.evAJ
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The foregoing Ordinance is hereby approved this 6t. t.s>- day of April , 2009.
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~~
. San Bernardino
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Approved as to Form:
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