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HomeMy WebLinkAboutMC-1201 Adopted: June 20, 2005 Effective: July 21, 2005 1 ORDINANCE NO. MC-1201 2 3 ORDINANCE OF THE CITY OF SAN BERNARDINO EXTENDING THE TIME LIMIT OF THE EFFECTIVENESS OF THE SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PLAN; EXTENDING THE TIME LIMIT FOR PAYMENT OF INDEBTEDNESS AND RECEIPT OF PROPERTY TAXES UNDER THE REDEVELOPMENT PLAN FOR THE SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT AREA; AND MAKING OTHER FINDINGS IN CONNECTION THEREWITH 4 5 6 7 8 9 WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agency") is 10 community redevelopment agency duly created, established and authorized to transact busines 11 and exercise its powers, all under and pursuant to the California Community Redevelopmen 12 13 Law (the "CRL") codified under Division 24, Part I of the California Health and Safety Cod 14 commencing at Section 33000; and 15 WHEREAS, the Agency is engaged in activities necessary and appropriate to carry ou 16 the Redevelopment Plan ("Redevelopment Plan") for the Southeast Industrial Par 17 Redevelopment Project Area ("Project Area"), which was adopted by the Agency's legislativ 18 19 body, the San Bernardino City Council ("City Council"), by Ordinance No. 3583 on June 21 20 1976; and 21 WHEREAS, pursuant to California Health and Safety Code Section 33333.6, a tim 22 limit on the effectiveness of the Redevelopment Plan and a time limit on the period for paymen 23 of the indebtedness and receipt of property taxes under the Redevelopment Plan have bee 24 25 established; and 26 WHEREAS, Senate Bill 1045, approved on September I, 2003 and chaptered 0 27 September 2, 2003 ("SB 1045"), amended Health and Safety Code Section 33333.6 to provid 28 that the legislative body of the Agency may enact an ordinance to extend by one year the tim 1 P:\Agendas\ResolutionsIResolutions\2005\OS-06-07 Ordinance: Southeast Industrial Park Extension Reso D_do<: MC-1201 1 2 3 4 5 6 7 limit on the effectiveness ofa Redevelopment Plan adopted prior to January 1,1994 and the tim limit for payment of indebtedness and the receipt of property taxes under the same when th Agency, under such a plan, is required to make a payment to the Educational Revenu Augmentation Fund pursuant to California Health and Safety Code Section 33681.9; and WHEREAS, SB 1045 further provides that such ordinance may be adopted withou compliance with the normal procedures for redevelopment plan amendments (see Californi Health and Safety Code Section 33333.6(d)(2)); and 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 accordance with Section 33333.6 as amended by SB 1045; and WHEREAS, the enactment of this Ordinance is exempt for the California Environmenta Quality Act codified under California Public Resources Code Section 21000 et. seq. (hereinafte referred to as "CEQA") pursuant to CEQA Guidelines Section 15378(b)(4) because it is a fisca activity which does not involve any commitment to any specific project which may result in potentially significant physical impact on the environment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CIT OF SAN BERNARDINO, AS FOLLOWS: SECTION 1. The current time limit on the effectiveness of the Southeast Industrial Par Redevelopment Plan is hereby extended by one year from the existing time limit of June 21 2016 to June 21, 2017 and the Redevelopment Agency of the City of San Bernardino is hereb authorized to act with respect to the Redevelopment Plan at any time during which th Redevelopment Plan is effective. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 P:\Agendas\R~lutiolls\Resolulions\2005\05.06.07 Ordinance SouthClL'it Industrial Park EXlension Reso D.OOc MC-1201 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 SECTION 2. The current time limit on paying indebtedness or receiving property taxe pursuant to the Southeast Industrial Park Redevelopment Plan and the Communit Redevelopment Law is hereby extended by one year from the existing time limit of June 21 2026 to June 21, 2027 and the Redevelopment Agency of the City of San Bernardino is hereb authorized to act with respect thereto during such extended period. SECTION 3. Except with respect to the amendments set forth herein, the Southeas Industrial Park Redevelopment Plan, as amended, is and shall remain unchanged and in full fore and effect in accordance with its terms. SECTION 4. 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 5. This Ordinance shall go into effect and be in full force and operation fro and after thirty (30) days after its final page 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 6. Following adoption, the City Clerk shall see that this Ordinance publicized in conformity with Government Code Section 36933. SECTION 7. Inconsistent Provisions. Any provision of the City of San Bernardin Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to th extent of such inconsistencies and no further, is hereby repealed or modified to the exten necessary to effect the provisions of this Ordinance. SECTION 8. Constitutionality. In any section, subsection, sentence, clause, or phras of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of an court of competent jurisdiction, such decision shall not affect the validity of the remainin 3 P\Agendas\ResolutionsIResolutions\2005\05-06-07 Ordinance Southeast Industrial Park Extension Reso D.OOc MC-1201 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 portions of this Ordinance. The City Council hereby declares that it would have passed thi Ordinance and each and every section, subsection, sentence, clause, or phrase not declare invalid or unconstitutional without regard to whether any portion of the Ordinance would b subsequently declared invalid or unconstitutional. II II II II II II II II II II II II II II II II II II II 4 P:\Agendas\Resolutions\Resolutions\200S\05-06-07 Ordinance Southeast Industrial Park Extension Reso O,doc MC-1201 1 ORDINANCE OF THE CITY OF SAN BERNARDINO EXTENDING THE TIME LIMIT OF THE EFFECTIVENESS OF THE SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PLAN; EXTENDING THE TIME LIMIT FOR PAYMENT OF INDEBTEDNESS AND RECEIPT OF PROPERTY TAXES UNDER THE REDEVELOPMENT PLAN FOR THE SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT AREA; AND MAKING OTHER FINDINGS IN CONNECTION THEREWITH 2 3 4 5 6 7 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the 8 City Council of the City of San Bernardino at a joint regular meeting thereof, held 9 on the 20th day of June , 2005, by the following vote, to wit. 10 Council Members: Aves Navs Abstain Absent 11 12 ESTRADA x - LONGVILLE x MCGINNIS -1L DERRY ~ KELLEY x - JOHNSON x MC CAMMACK -1L 13 14 15 16 17 18 19 RMhQl}[ , (J)a~fu Rachel G. Clark, City Clerk ~ _~Ot(la,tMl1JcL{miUJ ~fUtfrk The foregoing resolution is hereby approved \rds .;;) ,;;t: day of June , '1005. . 7t e City of San Bernardino Approved as to form and legal content: 20 21 22 23 24 25 26 27 28 5 P:\Agendas\Resoll.lliolls\Resolutions\2005\05-06-07 Ordinance Southeast Industrial Park EKtension Rcso D,doc CITY OF SAN BERNARDINO (SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT AREA) NOTICE OF EXEMPTION CALIFORNIA ENVIRONMENTAL QUALITY ACT TO: Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, California 95814 FROM: City of San Bernardino Economic Development Agency 201 North "E" Street, Suite 301 San Bernardino, California 92418 County Clerk County of San Bernardino 222 West Hospitality Lane San Bernardino, CA 92415 Project Title: Southeast Industrial Park Project Area (Mayor and Common Council Ordinance No. MC-1201) Project Location: 870 acres in southeast quadrant of the City of San Bernardino and nearI-IO/I215 interchange Project Location City: San Bernardino Project Location County: San Bernardino Description of Nature, Purpose, and Beneficiaries of Project: Ordinance Number MC-1201 authorizes a one (I) year extension of the term of the Redevelopment Plan for the Southeast Industrial Park Project Area as authorized by Health and Safety Code Section 33333.6, in order for the Redevelopment Agency of the City of San Bernardino to have a source of funds to repay indebtedness incurred by the Agency under the State-mandated program for the FY2003-04 ERAF payment to the San Bernardino County Auditor. Name of Public Agency Approving Project: City of San Bernardino Name of Person or Agency Carrying Out Project: Redevelopment Agency of the City of San Bernardino Exempt Status: (check one) o Ministerial (Sec. 21080(b)(l); 15268); o Declared emergency (Sec. 21080(b)(3); 15269(a)); o Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); o Categorical Exemption. State type and section number: iii Statutory Exemptions. State code "number: Health and Safety Code Section 33333.6(e)(2)C Title 14 California Code of Regulations Section 15378(b)(4) Reason Why Project is Exempt: The amendment to the Redevelopment Plan is authorized by Health and Safety Code Section 33333.6 and is required for the repayment to the Agency of indebtedness incurred under the State-mandated ERAF (Educational Revenue Augmentation Fund) FY 2003-04 payment to the San Bernardino County Auditor. Health and Safety Code Section 33333.6, specifically exempts the City of San Bernardino from having to comply with Public Resources Code Section 21151 in connection with the adoption of Ordinance No. MC-1201. Also the amendment to the Redevelopment Plan is not a "project" under CEQA but merely a fiscal activity of the City of San Bernardino and the Redevelopment Agency of the City of San Bernardino, which does not involve any commitment to any specific project, which may result in a potentially significant physical impact on the environment. Lead Agency Contact Person: Bernardino Gary Van Osdel, Executive Director, Economic Development Agency of the City of San Area Code/ Telephone/Extension: 909.663.1044 Signature: . Signed by L~genCy o Signed by Applicant ent of exemption finding. ptio een filed by the public agency approving the project: Yes No Date:Jft;z~i Title: Executive Director, Economic Development I Agency of the City of San Bernardino Date received for filing at OPR: 4847-9657-2416.1