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Home My WebLink AboutMC-1298 , Adopted: April 20, 2009 Effective: May 21, 2009 1 ORDINANCE NO. MC-1298 2 3 ORDINANCE OF THE CITY OF SAN BERNARDINO EXTENDING THE TIME LIMIT OF THE EFFECTIVENESS OF THE TRI CITY REDEVELOPMENT PLAN; EXTENDING THE TIME LIMIT FOR PAYMENT OF INDEBTEDNESS AND RECEIPT OF PROPERTY TAXES UNDER THE REDEVELOPMENT PLAN FOR THE TRI CITY REDEVELOPMENT PROJECT AREA; AND MAKING OTHER FINDINGS IN CONNECTION THEREWITH (TRI CITY REDEVELOPMENT PROJECT AREA) 4 5 6 7 8 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") i 9 a community redevelopment agency duly created, established and authorized to transact busines 10 11 and exercise its powers, all under and pursuant to the California Community Redevelopmen 12 Law (the "CRL") codified under Division 24, Part 1 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 the Redevelopment Plan (the "Redevelopment Plan") for the Tri City Redevelopment Projec 16 17 Area (the "Project Area"), which was adopted by the Agency's legislative body, the S 18 Bernardino City Council (the "City Council"), by Ordinance No. MC-283 on June 20,1983; and 19 WHEREAS, pursuant to California Health and Safety Code (the "Code") Sectio 20 33333.6, a time limit on the effectiveness of the Redevelopment Plan and a time limit on th 21 22 period for payment of the indebtedness and receipt of property taxes under the Redevelopmen 23 Plan have been established; and 24 WHEREAS, Senate Bill 1096, approved on August 5, 2004 and chaptered on August 5 25 2004 (the "SB 1096"), amended Code Section 33333.6 to provide that the legislative body ofth 26 Agency may enact an Ordinance to extend the time limit on the effectiveness of 27 28 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 1 P:\Agendu\ReaoJutions\RelOlutionJ\2lJ09\04-06..09 Ordinance F - TC Red. Plan Exten3ion1.doe I MC-1298 1 plan, is required to make a payment to the Educational Revenue Augmentation Fund pursuant t 2 Code Section 33681.12; and 3 4 WHEREAS, SB 1096 provides that the time limit on the effectiveness of th 5 Redevelopment Plan, the time limit for payment of indebtedness and the receipt of property taxe 6 may be extended by one (I) year for each year of the ERAF payment for Fiscal Years 2004-2005 7 and 2005-2006 (see Code Section 33333.6(e)(2)(D)); and 8 WHEREAS, for those project areas that have a time limit for the effectiveness of thei 9 10 redevelopment plans of more than ten (10) years and less than twenty (20) years from the las 11 day of the fiscal year in which the ERAF payment was made, the City Council is required t 13 33333.6(e)(2)(D)(ii)(II); and 12 make fmdings that the Agency is in compliance with various items identified in Code Sectio 14 WHEREAS, the Agency is in compliance with the requirements of Code Sectio 15 16 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 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 17 18 19 20 21 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 22 23 24 25 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 26 27 28 2 P:\Agendas\ResoIutiona\Retolutions\2009\04-06-09 Ordinance F. TC Red. Plan Extensionl.doc MC-1298 1 requiring that the Agency have no sanctions placed upon it with regards to failure to expend 2 encumber or disburse any excess surplus oflow- and moderate-income housing funds; and WHEREAS, SB 1096 further provides that such Ordinance may be adopted withou 3 4 compliance with the normal procedures for redevelopment plan amendments (see Code Sectio 5 6 33333.6(e)(3)(A)); and 7 WHEREAS, the City Council desires to adopt this Ordinance to amend and exten 8 certain time limitations of the Redevelopment Plan, as more particularly set forth below, . 9 accordance with Code Section 33333.6, as amended by SB 1096; and 10 WHEREAS, the enactment of this Ordinance is exempt for the California Environmen 11 12 Quality Act codified under California Public Resources Code Section 21000 et sea. (hereinafte 13 referred to as "CEQA") pursuant to the CEQA Guidelines, Section 15378(b)(4) because it is 14 fiscal activity which does not involve any commitment to any specific project which may resul 15 in a potentially significant physical impact on the environment. 16 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDIN 17 18 DO ORDAIN, AS FOLLOWS: 19 Section 1. The City Council fmds and determines, with respect to the Project Area, tha 20 the Agency is in compliance with the requirements of California Health and Safety Code Sectio 21 33333.6(e)(2)(D)(ii)(II) and the Redevelopment Plan may therefore be extended for two (2 22 23 years pursuant to said Section. 24 Section 2. The current time limit on the effectiveness of the Tri City Redevelopmen 25 Plan is hereby extended by two (2) years from the existing time limit of June 20, 2024 to Jun 26 20, 2026, and the Agency is hereby authorized to act with respect to the Redevelopment Plan a 27 any time during which the Redevelopment Plan is effective. 28 3 P:\Agendas\Rcsolutions\Resolutions\2009\04-06-09 Ordinance F - Te Red. Plan Extensionl.doc MC-1298 1 Section 3. The current time limit on paying indebtedness or receiving property taxe 2 pursuant to the Tri City Redevelopment Plan and the CRL is hereby extended by two (2) year 3 4 from the existing time limit of June 20, 2034 to June 20, 2036, and the Agency is hereb 5 authorized to act with respect thereto during such extended period. 6 Section 4. Except with respect to the amendments set forth herein, the Tri Ci 7 Redevelopment Plan, as amended, is and shall remain unchanged and in full force and effect . 8 accordance with its terms. 9 10 Section 5. The City Clerk is hereby authorized to file a Notice of Exemption with th 11 County of San Bernardino pursuant to the CEQA Guidelines, Section 15094. 12 Section 6. This Ordinance shall go into effect and be in full force and operation from an 13 after thirty (30) days after its final passage and adoption. The City Clerk shall certify to th 14 passage and adoption of this Ordinance and shall cause this Ordinance to be published as se 15 16 forth below. 17 Section 7. Following adoption, the City Clerk shall cause this Ordinance to be publishe 18 in conformity with Government Code Section 36933. 19 Section 8. Inconsistent Provisions. Any provision of the City of San Bernardin 20 21 Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to th 22 extent of such inconsistencies and no further, is hereby repealed or modified to the exten 23 necessary to effect the provisions of this Ordinance. 24 Section 9. Constitutionality. If any section, subsection, sentence, clause, or phrase 0 25 this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any co 26 . 27 of competent jurisdiction, such decision shall not affect the validity of the remaining portions 0 28 this Ordinance. The City Council hereby declares that it would have passed this Ordinance an 4 P:\Asendu\Resolutions\Resolution.\2009\04-06..09 Ordinance F. TC Red. Plan Extension1.doe "'r- --'-~, MC-1298 1 each and every section, subsection, sentence, clause, or phrase not declared invalid 0 2 unconstitutional without regard to whether any portion of this Ordinance would be subsequent! 3 declared invalid or unconstitutional. 4 5 III 6 III 7 III 8 III 9 III 10 III 11 III 12 III 13 III 14 III 15 III 16 III 17 III 18 III 19 III 20 III 21 III 22 23 III 24 1/1 25 III 26 III 27 III 28 III 5 P:\AaeDdu\Raolutions\R.eIlOIutions\2009\04-06-09 OrdiDallCC F - TC Iled. P1an Extensionl.doc MC-1298 1 ORDINANCE OF THE CITY OF SAN BERNARDINO EXTENDING THE TIME LIMIT OF THE EFFECTIVENESS OF THE TRI CITY REDEVELOPMENT PLAN; EXTENDING THE TIME LIMIT FOR PAYMENT OF INDEBTEDNESS AND RECEIPT OF PROPERTY TAXES UNDER THE REDEVELOPMENT PLAN FOR THE TRI CITY REDEVELOPMENT PROJECT AREA; AND MAKING OTHER FINDINGS IN CONNECTION THEREWITH (TRI CITY 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 20th day of April Council Members: Aves ESTRADA x - BAXTER --X- BRINKER -L- SHORETT x KELLEY -L- JOHNSON x MC CAMMACK ....l..-.. , 2009, by the following vote, to wit. 10 Navs Abstain Absent 11 12 13 14 15 16 17 18 19 ~j.i 1). ~ 'ci ~~e~?~ty~ ~ The foregoing Ordinance is hereby approved this .;:}l ~ day of April .2009. 20 21 22 23 24 25 J. Morris, a r f San Bernardino 26 Approved as to Form: 27 28 - es F. Penman, City Attorney 6 P:\Apndas\1lelolutions\Resolutions\2009\04-06-09 OrdiDance F - TC Red. Plan Extcnsionl.doc