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Home My WebLink AboutMC-1302 Adopted: April 20, 2009 Effective: May 21, 2009 1 ORDINANCE NO. MC-1302 2 3 ORDINANCE OF THE CITY OF SAN BERNARDINO EXTENDING THE TIME LIMIT OF THE EFFECTIVENESS OF THE CENTRAL CITY EAST REDEVELOPMENT PLAN; EXTENDING THE TIME LIMIT FOR PAYMENT OF INDEBTEDNESS AND RECEIPT OF PROPERTY TAXES UNDER THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY EAST REDEVELOPMENT PROJECT AREA; AND MAKING OTHER FINDINGS IN CONNECTION THEREWITH (CENTRAL CITY EAST REDEVELOPMENT PROJECT AREA) 4 5 6 7 8 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") 9 is a community redevelopment agency duly created, established and authorized to transact business and exercise its powers, all under and pursuant to the California Community 10 11 Redevelopment Law (the "CRL") codified under Division 24, Part 1 of the California Health and Safety Code commencing at Section 33000; and WHEREAS, the Agency is engaged in activities necessary and appropriate to carry out the Redevelopment Plan (the "Redevelopment Plan") for the Central City East Redevelopment Project Area (the "Project Area"), which was adopted by the Agency's legislative body, the San Bernardino City Council (the "City Council"), by Ordinance No. 3571 on May 3,1976; and WHEREAS, pursuant to California Health and Safety Code (the "Code ") Section 33333.6, a time limit on the effectiveness of the Redevelopment Plan and a time limit on the period for payment of the indebtedness and receipt of property taxes under the Redevelopment Plan have been established; and 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, 2005 (the "SB 1096"), amended Code Section 33333.6 to provide that the legislative body of 23 24 the Agency may enact an Ordinance to extend the time limit on the effectiveness of a 25 Redevelopment Plan adopted prior to January 1, 1994, and the time limit for payment of indebtedness and the receipt of property taxes under the same when the Agency, under such a plan, is required to make a payment to the Educational Revenue Augmentation Fund (the 26 27 28 "ERAF") pursuant to Code Section 33681.12; and 1 P:\Apndas\Resolutions\Resolutions\2009\04-06-09 Ordinance J ~ CCE Red. Plan Extensionl.doc MC-1302 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 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: I) 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 2 P:\Agendas\Rcsolutions\R.ellOlutions\2009\04-06-09 Ordinance J - CCE Red. Plan Extensionl.doc j I MC-1302 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 such ordinance may be adopted without compliance with the normal procedures for redevelopment plan amendments (see Code Section 33333.6(e)(3)(A)); and WHEREAS, the City Council desires to adopt this Ordinance to amend and extend certain time limitations of the Redevelopment Plan, as more particularly set forth below, in accordance with Code Section 33333.6, as amended by SB 1096; and WHEREAS, the enactment of this Ordinance is exempt for the California Environmental Quality Act codified under California Public Resources Code Section 21000 et sea. (hereinafter referred to as "CEQA") pursuant to the CEQA Guidelines, Section 15378(b)(4) because it is a fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN, AS FOLLOWS: Section 1. The City Council fmds and determines, with respect to the Project Area, that the Agency is in compliance with the requirements of California Health and Safety Code Section 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 Central City East Redevelopment Plan is hereby extended by two (2) years from the existing time limit of May 3, 2017 to May 3, 2019, and the Agency is hereby authorized to act with respect to the Redevelopment Plan at any time during which the Redevelopment Plan is effective. Section 3. The current time limit on paying indebtedness or receiving property taxes pursuant to the Central City East Redevelopment Plan and the CRL is hereby extended by two (2) years from the existing time limit of May 3, 2027 to May 3, 2029, and the Agency is hereby authorized to act with respect thereto during such extended period. 3 P:\Agendas\Resolutions\Resolutions\2Ol)9\(l4..{)6 Ordinance J - CCE Red. Plan Extension1.doe MC-1302 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Section 4. Except with respect to the amendments set forth herein, the Central City East Redevelopment Plan, as amended, is and shall remain unchanged 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 the 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 and after thirty (30) days after its fmal passage and adoption. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance to be published as set forth below. Section 7. Following adoption, the City Clerk shall cause this Ordinance to be published in conformity with Government Code Section 36933. Section 8. Inconsistent Provisions. Any provision of the City of San Bernardino Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to the extent necessary to effect the provisions of this Ordinance. Section 9. Constitutionality. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of this Ordinance would be subsequently declared invalid or unconstitutional. 24 III 25 III 26 III 27 III 28 III 4 P:\Agendas\Resolutions\Resolutions\2009\04-06-09 Ordinance J . eCE Red. Plan Extensionl.doc r' MC-1302 1 ORDINANCE OF THE CITY OF SAN BERNARDINO EXTENDING THE TIME LIMIT OF THE EFFECTIVENESS OF THE CENTRAL CITY EAST REDEVELOPMENT PLAN; EXTENDING THE TIME LIMIT FOR PAYMENT OF INDEBTEDNESS AND RECEIPT OF PROPERTY TAXES UNDER THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY EAST REDEVELOPMENT PROJECT AREA; AND MAKING OTHER FINDINGS IN CONNECTION THEREWITH (CENTRAL CITY EAST 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. 20th day of April Council Members: Aves ESTRADA x BAXTER ~ BRINKER x SHORETT ~ KELLEY x - JOHNSON x MCCAMMACK ~ 10 Abstain Absent Navs 11 12 13 14 15 16 17 18 19 ~}j.~ 6-;; ~~~~~.~:ty~ ~ The foregoing Ordinance is hereby approved this al ~ day of April ,2009. 20 21 22 23 24 25 k J. Morris, ayor of San Bernardino 26 Approved as to Form: 27 By: ~ 1, /t:..-... /: es F. Penman, City Attorney 28 5 P:\Agendas\Resolutions\Resolutions\2009\04.06-09 Ordinance I - CCE Red. Plan Extcnaion1.doc