HomeMy WebLinkAboutMC-1300
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Adopced: April 20, 2009
Effective: May 21, 2009
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ORDINANCE NO. MC-1300
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ORDINANCE OF THE CITY OF SAN BERNARDINO EXTENDING THE
TIME LIMIT OF THE EFFECTIVENESS OF THE
MEADOWBROOK/CENTRAL CITY REDEVELOPMENT PLAN;
EXTENDING THE TIME LIMIT FOR PAYMENT OF INDEBTEDNESS
AND RECEIPT OF PROPERTY TAXES UNDER THE REDEVELOPMENT
PLAN FOR THE MEADOWBROOK/CENTRAL CITY REDEVELOPMENT
PROJECT AREA; AND MAKING OTHER FINDINGS IN CONNECTION
THEREWITH (MEADOWBROOK/CENTRAL CITY REDEVELOPMENT
PROJECT AREA)
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WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") i
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a community redevelopment agency duly created, established and authorized to transact busines
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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
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commencing at Section 33000; and
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WHEREAS, the Agency is engaged in activities necessary and appropriate to carry ou
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the Redevelopment Plan (the "Redevelopment Plan") for the Meadowbrook/Central Ci
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Redevelopment Project Area (the "Project Area"), which was adopted by Ordinance No. 2233 0
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July 21, 1958 and by Ordinance No. 2649 on February 23, 1965, and merged by the Agency'
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legislative body, the San Bernardino City Council (the "City Council"), by Ordinance No. 3683
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on November 7, 1977; and
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WHEREAS, on December 19, 1994, the City Council adopted Ordinance No. MC-91
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and Ordinance MC-917 to comply with the requirements of California Health and Safety Cod
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(the "Code") Section 33333.6, as amended by Assembly Bill 1290 ("AB 1290") of the Californi
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Legislature which required that all redevelopments plans adopted prior to December 31, 1993
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contain certain limitations, including, but not limited to, the last date for the effectiveness of suc
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redevelopment plans; and
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WHEREAS, Section 1 of said OrdinanceNci: MC-916 and Section 1 of said Ordinanc
No. MC-917 established an effective date for each Redevelopment Plan for Meadowbrook an
the Redevelopment Plan for Central City (original Redevelopment Plan prior to mergers) unti
January 1, 2009, as said date was required to be inserted and as specifically set forth pursuant t
the provisions of Code Section 33333.6(a); and
WHEREAS, the City of San Bernardino ("City") requested and obtained specia
legislation which amended the CRL as is currently located at Chapter 4, Article XIV, an
designated as Code Section 33470 through 33476.5, inclusive; and
WHEREAS, pursuant to' Code Section 33476 of the California Legislature by legislativ
action, and without any further actions to be taken by the City Council, merged th
redevelopment project areas contained within Meadowbrook/Central City (as previously merge
by the official actions of the City Council pursuant to Code Section 33470, et~, Central Cit
East and Central City South into one contiguous redevelopment project area to be known an
identified pursuant to State Statute as "Central City"; and
WHEREAS, Code Section 33476 further provided that each constituent redevelopmen
project area of Central City shall continue under its own Redevelopment Plan for the longes
term of the three (3) Redevelopment Plans as thus merged, pursuant to said Code Section 33746
with it being noted that the previously merged Meadowbrook/Central City were at the time 0
adoption of Code Section 33476 designated and referred to as a single redevelopment projec
area; and
WHEREAS, notwithstanding the technical necessity for the prior insertion of the date 0
"January 1,2009", into the respective Redevelopment Plans for the Meadowbrook/Central Ci
Redevelopment Project Area as implemented by said Ordinance No. MC-916 and Ordinance No
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MC-917, the Meadowbrook/Central City, and thus the applicable Redevelopment Plans for th
entire merged Central City currently have a termination date of May 3, 2017, prior to th
adoption of this Ordinance and other similar Ordinances for each applicable Redevelopment PI
for which an extension of the effective date is being undertaken pursuant to the authorizations a
contained in Senate Bill 1 096; and
WHEREAS, pursuant to Code Section 33333.6, a time limit on the effectiveness ofth
Redevelopment Plan and a time limit on the period for payment of the indebtedness and receip
of property taxes under the Redevelopment Plan have been established; and
WHEREAS, Senate Bil11096, 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
Agency may enact an Ordinance to extend the time limit on the effectiveness of
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 ("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 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
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make findings that the Agency is in compliance with various items identified in Code Sectio
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33333.6(e)(2)(D)(ii)(II); and
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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
WHEREAS, SB 1096 further provides that such Ordinance may be adopted withou
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compliance with the normal procedures for redevelopment plan amendments (see Code Sectio
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33333.6(e)(3)(A); and
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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
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accordance with Code Section 33333.6, as amended by SB 1096; and
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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
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referred to as "CEQA") pursuant to the CEQA Guidelines, Section 15378(b)(4) because it is
fiscal activity which does not involve any commitment to any specific project which may resul
in a 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 that the Recitals as set forth above
to the facts and circumstances with regard to the prior amendments by this City Council of th
Meadowbrook/Central City Redevelopment Plan and the prior compliance with the requirement
of AB 1290 are true and correct in all respects. The City Council further fmds and determine
that the termination date for the effectiveness of the Meadowbrook/Central City Redevelopmen
Plan was May 3, 2017, as provided in Health and Safety Code Section 33476 the speci
provisions of which as contained in Chapter 4, Article XIV, of the CRL pertain solely to th .
City. The City Council further finds, with respect to the Project Area, that the Agency is i
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 Meadowbrook/Centr
City Redevelopment Plan is hereby extended by two (2) years from the existing time limit 0
May 3, 2017 to May 3, 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.
Section 3. The current time limit on paying indebtedness or receiving property taxe
pursuant to the Meadowbrook/Central City Redevelopment Plan and the CRL is hereby extende
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by two (2) years from the existing time limit of May 3, 2027 to May 3, 2029, and the Agency i
hereby authorized to act with respect thereto during such extended period.
Section 4. Except with respect to the amendments set
Meadowbrook/Central City Redevelopment Plan, as amended, is and shall remain unchange
and in full force and effect in 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 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 Municipal Code 0
appendices thereto inconsistent with the provisions of this Ordinance, to the extent of suc
inconsistencies and no further, is hereby repealed or modified to the extent necessary to effec
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
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unconstitutional without regard to whether any portion of this Ordinance would be subsequent!
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ORDINANCE OF THE CITY OF SAN BERNARDINO EXTENDING THE
TIME LIMIT OF THE EFFECTIVENESS OF THE
MEADOWBROOK/CENTRAL CITY REDEVELOPMENT PLAN;
EXTENDING THE TIME LIMIT FOR PAYMENT OF INDEBTEDNESS
AND RECEIPT OF PROPERTY TAXES UNDER THE REDEVELOPMENT
PLAN FOR THE MEADOWBROOK/CENTRAL CITY REDEVELOPMENT
PROJECT AREA; AND MAKING OTHER FINDINGS IN CONNECTION
THEREWITH (MEADOWBROOK/CENTRAL CITY 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 regular meeting thereof, held on the
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20th day of April
Council Members: Aves
ESTRADA x
BAXTER ~
BRINKER ~
SHORETT x
KELLEY --X..-
JOHNSON x
MC CAMMACK
---X..-
, 2009, by the following vote, to wit.
Abstain
Absent
Navs
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iJuli A f)~.-l>
6:JRt.?Z ~ty~~ ~
The foregoing Ordinance is hereby approved this ~\ ~ day of April ,2009.
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