HomeMy WebLinkAboutMC-1359
Adopted:
Effective:
July 11, 2011
July 11, 2011
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ORDINANCE NO. MC-1359
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AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO PROVIDING
3 FOR THE REINSTATEMENT AND CONTINUATION OF THE POWERS OF THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND DECLARING
4 THE URGENCY THEREOF TO TAKE EFFECT IMMEDIATELY
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN, AS FOLLOWS:
Section 1. Purpose and Findings:
A. On or about June 29, 2011, the Governor of the State of California signed ABxl 26 and
ABxl 27, adding certain sections to the Health & Safety Code of the State of California;
specifically, Health & Safety Code Section 34161 provides that all redevelopment
agencies and redevelopment agency components of community development agencies
created under Part I (commencing with Section 33000), Part 1.5 (commencing with
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Section 34000), Part 1.6 (commencing with Section 34050), and Part 1.7 (commencing
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with Section 34100) that were in existence on the effective date of said Section 34161
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shall not thereafter exercise certain redevelopment powers, including but not limited to,
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the ability to incur debt and to enter into contracts and to amend or merge redevelopment
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project areas, and are dissolved as of October I, 2011, and shall no longer exist as a
public body, corporate or politic.
B. The Redevelopment Agency of the City of San Bernardino (the "Agency") employs in
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excess of 40 employees, and conducts redevelopment activities which cannot be
terminated at this time without substantial personal and financial repercussions and
overall harm to the public health, safety and welfare within the City and the community.
The Agency has in process in excess of $30,000,000 of public capital improvement
projects and the Agency is in the final negotiations with private developers for the
development and construction of an additional $100,000,000 of private development
projects within blighted areas of the Redevelopment Project Areas of the Agency.
Furthermore, there are currently in excess of 105 separate properties owned directly or
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KC-1359
1 indirectly by or on behalf of the Agency previously acquired for the purposes of
2 implementing numerous redevelopment activities for which locally generated tax
3 increment revenues of the Agency were utilized for the acquisition of such properties.
4 C. This action is taken pursuant to Health & Safety Code Section 34193 which provides that
5 "notwithstanding Part 1.8 (commencing with Section 34161), Part 1.85 (commencing
6 with Section 34170), or any other law, a redevelopment agency may continue to exist
7 and carry out the provisions of the Community Redevelopment Law (Part I commencing
8 with Section 33000) only upon the enactment of an ordinance enacted by the community
9 to comply with this part on or before November I, 20 11."
10 D. The continuation without any significant lapse of time of the redevelopment powers of
11 the Agency is necessary at this time for the immediate preservation of the public peace,
12 health, safety and welfare of the City of San Bernardino (the "City") and the surrounding
13 community, and because the City finds no other means at this time to continue said
14 existence of the Agency, this Urgency Ordinance is necessary as an urgency action ofthe
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16 E. This action does not meet the definition ofa "project" under Section 15378 of the
17 California Environmental Quality Act ("CEQA").
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Section 2. Based upon the aforementioned findings, the Mayor and Common Council ofthe
19 City of San Bernardino therefore agrees at this time to take the necessary action to carry out the
20 requirements of Health & Safety Code Section 34193 as those may be amended or determined to be
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enforceable from time to time in order to provide for the immediate reinstatement and continuation
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of the powers of the Agency to undertake all further activities, including redevelopment activities
23 authorized under the Community Redevelopment Law (Health & Safety Code Section 33000, et
24 seq.). Pursuant to Health & Safety Code Section 34193.1, the City Manager is hereby authorized to
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notify the County Auditor-Controller, the Controller and the Department of Finance that the City
26 agrees as of the time of submittal of any such notification to comply with the provisions of Part 1.9
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commencing with Health & Safety Code Section 34192, et seq.
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MC-1359
1 Section 3. Pursuant to Sections 31 and 121 of the Charter of the City of San Bernardino,
2 this Urgency Ordinance shall take effect immediately. The Mayor and Common Council finds that
3 the adoption of this Urgency Ordinance for the immediate reinstatement and continuation of the
4 powers of the Agency to undertake all further activities, including redevelopment activities
5 authorized under the Community Redevelopment Law (Health & Safety Code Section 33000, et
6 seq.), is necessary for the immediate preservation of the public peace, health, safety and welfare in
7 accordance with City Charter Sections 31 and 121.
8 Section 4. The Mayor and Common Council finds that this Urgency Ordinance is not
9 subject to CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines, California Code of
10 Regulations, Title 14, Chapter 3 (the activity will not result in a direct or reasonably foreseeable
11 indirect physical change in the enviromnent), and Section 15060(c)(3) of the CEQA Guidelines,
12 California Code of Regulations, Title 14, Chapter 3 (the activity is not a project as defined in
13 Section 15378), because it has no potential for resulting in physical change to the enviromnent,
14 directly or indirectly.
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MC-1359
1 AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO PROVIDING
FOR THE REINSTATEMENT AND CONTINUATION OF THE POWERS OF THE
2 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND DECLARING
3 THE URGENCY THEREOF TO TAKE EFFECT IMMEDIATELY
4 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
5 Common Council ofthe City of San Bernardino at a joint special
meeting thereof,
July, 2011, by the following vote, to wit:
Ayes
Nays
Abstain
Absent
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Q,~ /~, CLM..k
Rachel G. Clark, City Clerk
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18 The foregoing Ordinance is hereby approved this t ~ day of July
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, 2011.
22 Approved as to form:
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