The URL can be used to link to this page

Home My WebLink AboutR42-Economic Development Agency ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FROM: Emil A. Marzullo Interim Executive Director SUBJECT: Ordinance - Reinstatement and Continuation of the powers of the Redevelopment Agency of the City of San Bernardino DATE: July 12,2011 ----------------------------------------~-----------------------------------------------------------------------------------------------------------------------------------------------------~------------------------_. SvnoDsis of Previous Commission/Council/Committee Actionls): July 11, 2011 - Mayor and Common Council adopted an Urgency Ordinance reinstating and continuing the powers of the Redevelopment Agency of the City of San Bernardino. ._---------------------------------------------------~--------------------------------------------------------------------------------------------------------------------------------------------------------------- Recommended Motionls): IMavor and Common Council) An Ordinance of the City of San Bernardino providing for the reinstatement and continuation of the powers of the Redevelopment Agency of the City of San Bernardino ------------------------------------- ----------------- --~-~------------------------------ -~--------------- ----~------------- -------------------~-~----------- ----~-----------------~-------------- ------------------ Contact Person(s): Emil A. Marzullo Phone: (909) 663-1044 Project Area(s): All Ward(s): All Supporting Data Attached: 1>'1 Staff Report 1>'1 Ordinance(s) Agreement(s) Contract(s) 0 Map(s) 0 Letters FUNDING REQUIREMENTS: Amount: $ Source: All Signature: EmilA. Budget Authority: .-/ Fiscal Review: ecutive Director --------------------------------------------------------------- -----------------------------------------~-------------- ----~------------------------------- --------------------- ------------------- ---------------------- Commission/Council Notes: ------------------------------------------------------------------------------------------------~--------------------------------------------------------------------~------------------------------------ P:\Agendas\Comm Dev CommisslonlCDC 201 ]107-18-11 Reinstatement of the Powers ofRDA Ordinance SR,docx COMMISSION MEETING AGENDA Meeting Date: 07/18/2011 Agenda Item Number: /ll( ;1- ECONOMIC DEVELOPMENT AGENCY STAFF REPORT ORDINANCE - REINSTATEMENT AND CONTINUATION OF THE POWERS OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO BACKGROUND AND CURRENT ISSUE: On July II, 2011, the Mayor and Common Council adopted an Urgency Ordinance reinstating and continuing the powers of the Redevelopment Agency. This was done in response to the Governor of the State of California signing ABxl 26 and ABxl 27, which added certain sections to the Health & Safety Code ofthe State of California. ABxl 26 includes language that does not allow Redevelopment Agency's to exercise certain redevelopment powers, including, but not limited to, the ability to incur debt and to enter into contracts and to amend or merge redevelopment project areas, and are dissolved as of October 1,2011, and shall no longer exist as a public body, corporate or politic. ABxl 27 (H&SC Section 34193) includes language that redevelopment agencies may continue to exist and carry out the provisions of the Community Redevelopment law only upon enactment of an Ordinance by the community agreeing to comply with this part on or before October 1,2011 or November I, 2011, under specific circumstances. Pursuant to Sections 31 and 121 of the Charter of the City of San Bernardino, the Urgency Ordinance took effect immediately; and therefore, immediately reinstated and allowed for the continuation of the powers of the Agency to undertake activities, including redevelopment activities authorized under the Community Redevelopment Law (Health & Safety Code Section 33000, et seq.). Pursuant to a typical Ordinance adoption, it is the policy of the City to follow-up the adoption of an urgency Ordinance with a standard Ordinance requiring two (2) readings and an effective date 30-days after final reading. Because the urgency Ordinance was adopted as a result of the legislative body's determination that urgency existed, the purpose of this regular Ordinance is to allow for the standard two readings. ENVIRONMENTAL IMPACT: None. FISCAL IMPACT: None by this action. RECOMMENDATION: That the Ordinance be laid over for final adoption. PlAgendas\Comm Dev Commission\CDC 2011\07-18.11 Reinstatement ofllle PowersofRDA Ordinance SR.docx COMMISSION MEETING AGENDA Meeting Date: 07/18/2011 Agenda Item Number: ~l{z... 1 2 3 4 5 ORDINANCE NO. AN ORDINANCE OF THE CITY OF SAN BERNARDINO PROVIDING FOR THE REINSTATEMENT AND CONTINUATION OF THE POWERS OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 6 DO ORDAIN, AS FOLLOWS: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Section 34000), Part 1.6 (commencing with Section 34050), and Part 1.7 (commencing with Section 34100) that were in existence on the effective date of said Section 34161 shall not thereafter exercise certain redevelopment powers, including but not limited to, the ability to incur debt and to enter into contracts and to amend or merge redevelopment 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 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 I P:\AgendasIResolutions\Resolutions\2011\07-18-1 I Ordinance MeC - ABx 27.docx 1 2 3 4 5 6 indirectly by or on behalf of the Agency previously acquired for the purposes of implementing numerous redevelopment activities for which locally generated tax increment revenues of the Agency were utilized for the acquisition of such properties. C. This action is taken pursuant to Health & Safety Code Section 34193 which provides that 7 "notwithstanding Part 1.8 (commencing with Section 34161), Part 1.85 (commencing with Section 34170), or any other law, a redevelopment agency may continue to exist and carry out the provisions of the Community Redevelopment Law (Part I commencing with Section 33000) only upon the enactment of an ordinance enacted by the community 8 9 10 11 12 13 14 15 16 17 to comply with this part on or before November 1, 2011." D. The continuation without any significant lapse of time of the redevelopment powers of the Agency is necessary at this time for the preservation of the public peace, health, safety and welfare of the City of San Bernardino (the "City") and the surrounding community, and because the City finds no other means at this time to continue said existence ofthe Agency, this Ordinance is necessary as an action of the City. E. This action does not meet the definition ofa "project" under Section 15378 of the California Environmental Quality Act ("CEQA"). Section 2. Based upon the aforementioned findings, the Mayor and Common Council of the 18 City of San Bernardino therefore agrees at this time to take the necessary action to carry out the 19 requirements of Health & Safety Code Section 34193 as those may be amended or determined to be 20 enforceable from time to time in order to provide for the reinstatement and continuation of the 21 powers of the Agency to undertake all further activities, including redevelopment activities 22 authorized under the Community Redevelopment Law (Health & Safety Code Section 33000, et 23 seq.). Pursuant to Health & Safety Code Section 34193.1, the City Manager is hereby authorized to 24 notify the County Auditor-Controller, the Controller and the Department of Finance that the City 25 agrees as of the time of submittal of any such notification to comply with the provisions of Part 1.9 26 commencing with Health & Safety Code Section 34192, et seq. 27 28 2 P:\Agendas\Resolulions\Resolutions\2011\07-18-1] Ordinance MeC - AS", 27_docx 1 Section 3. The Mayor and Common Council finds that this Ordinance is not subject to 2 CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines, California Code of Regulations, 3 Title 14, Chapter 3 (the activity will not result in a direct or reasonably foreseeable indirect physical 4 change in the environment), and Section 15060(c)(3) of the CEQA Guidelines, California Code of 5 Regulations, Title 14, Chapter 3 (the activity is not a project as defined in Section 15378), because it 6 has no potential for resulting in physical change to the environment, directly or indirectly. 7 /1/ 8 //1 9 //1 10 /1/ 11 /1/ 12 /1/ 13 //1 14 /1/ 15 /1/ 16 //1 17 /1/ 18 //1 19 //1 20 /1/ 21 /1/ 22 /1/ 23 //1 24 /1/ 25 /1/ 26 /1/ 27 /1/ 28 3 PlAgendas\Resolutions\Resolutions\2011\07-18-1 J Ordinance MeC - ABx 27.docx AN ORDINANCE OF THE CITY OF SAN BERNARDINO PROVIDING FOR THE REINSTATEMENT AND CONTINUATION OF THE POWERS OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO 1 2 3 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and 4 Common Council of the City of San Bernardino at a 5 held on the day of 6 Council Members: Ayes 7 MARQUEZ 8 VACANT 9 BRINKER 10 SHORETT 11 KELLEY 12 JOHNSON 13 MC CAMMACK 14 15 meeting thereof, ,2011, by the following yote, to wit: Abstain Absent Nays 16 17 The foregoing Ordinance is hereby approved this 18 19 20 21 Approved as to form: 22 23 24 25 26 27 28 }. es F. Penman, City Attorney P:\AgendasIResolutionslResolutionsU011\07-18-11 Ordinance MCC - ABx 27_docx Rachel G. Clark, City Clerk day of ,2011. Patrick J. Morris, Mayor City of San Bernardino 4