HomeMy WebLinkAboutMC-1364Adopted: August 1, 2011
Effective: August 31, 2011
1 ORDINANCE NO. MC-1364
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO PROVIDING FOR
3 THE REINSTATEMENT AND CONTINUATION OF THE POWERS OF THE
4 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
6 DO ORDAIN, AS FOLLOWS:
~ Section 1. Purpose and Findings:
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A. On or about June 29, 2011, the Governor of the State of California signed ABxI 26 and
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ABx 1 27, adding certain sections to the Health & Safety Code of the State of California;
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specifically, Health & Safety Code Section 34161 provides that all redevelopment
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agencies and redevelopment agency components of community development agencies
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created under Part 1 (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 1, 2011, and shall no longer exist as a
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public body, corporate or politic.
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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
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terminated at this time without substantial personal and financial repercussions and
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overall harm to the public health, safety and welfare within the City and the community.
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The Agency has in process in excess of $30,000,000 of public capital improvement
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projects and the Agency is in the final negotiations with private developers for the
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development and construction of an additional $100,000,000 of private development
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projects within blighted areas of the Redevelopment Project Areas of the Agency.
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Furthermore, there are currently in excess of 105 separate properties owned directly or
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P~Wgendas\Resolutions\Resolutions~011\07-IS-l l Ordinance MCC - ABx 27.docx
MC-1364
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indirectly by or on behalf of the Agency previously acquired for the purposes
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
"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 1 commencing
with Section 33000) only upon the enactment of an ordinance enacted by the community
to comply with this part on or before November 1, 2011."
D. The continuation without any significant lapse of time of the redevelopment powers
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 of the Agency, this Ordinance is necessary as an action of the City.
E. This action does not meet the definition of a "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
City of San Bernardino therefore agrees at this time to take the necessary action to carry out the
requirements of Health & Safety Code Section 34193 as those may be amended or determined to be
enforceable from time to time in order to provide for the reinstatement and continuation of the
powers of the Agency to undertake all further activities, including redevelopment activities
authorized under the Community Redevelopment Law (Health & Safety Code Section 33000, et
seq.). Pursuant to Health & Safety Code Section 34193.1, the City Manager is hereby authorized to
notify the County Auditor-Controller, the Controller and the Department of Finance that the City
agrees as of the time of submittal of any such notification to comply with the provisions of Part 1.9
commencing with Health & Safety Code Section 34192, et seq.
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P~WgendasUtesolutions\Resolutions\20] 1\07-18-11 Ordinance MCC - ABx 27 docx
MC-1364
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.
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P~Wgendas\Resolutions\Resolutions\2011\07-18-11 Ordinance MCC - ABx 27.docx
MC-1364
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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
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a joint regular meeting thereof,
held on the 1st day of August , 2011, by the following vote, to wit:
Council Members: A es Nays Abstain Absent
MARQUEZ g
JENKINS g
BRINKER ~
SHORETT _~_
KELLEY x
JOHNSON ~
MC CAMMACK x
a-~c,~C..t~..t /~/. ~~.0~/t--l~
Rac el G. Clark, City Clerk
The foregoing Ordinance is hereby approved this ~~' day of August , 2011.
atrick J. orris, Mayor
S ernardino
Approved as to form:
By: ~- .
es F. Penman, City Attorney
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PWgendas\ResoWtions\Resolutions\2011\07-18-11 Ordinance MCC - ASx 27.docx