HomeMy WebLinkAboutMC-1203
Adopted: June 20, 2005
Effective: July 21, 2005
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ORDINANCE NO. KC-1203
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ORDINANCE OF THE CITY OF SAN BERNARDINO EXTENDING THE
TIME LIMIT OF THE EFFECTIVENESS OF THE TRI CITY
REDEVELOPMENT PLAN; EXTENDING THE TIME LIMIT FOR
PAYMENT OF INDEBTEDNESS AND RECEIPT OF PROPERTY TAXES
UNDER THE REDEVELOPMENT PLAN FOR THE TRI CITY
REDEVELOPMENT PROJECT AREA; AND MAKING OTHER
FINDINGS IN CONNECTION THEREWITH
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WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agency") is
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community redevelopment agency duly created, established and authorized to transact busines
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and exercise its powers, all under and pursuant to the California Community Redevelopmen
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Law (the "CRL") codified under Division 24, Part I of the California Health and Safety Cod
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commencing at Section 33000; and
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WHEREAS, the Agency is engaged in activities necessary and appropriate to carry ou
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the Redevelopment Plan ("Redevelopment Plan") for the Tri City Redevelopment Project Are
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("Project Area"), which was adopted by the Agency's legislative body, the San Bernardino Cit
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Council ("City Council"), by Ordinance No. MC-283 on June 20, 1983; and
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WHEREAS, pursuant to California Health and Safety Code Section 33333.6, a tim
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limit on the effectiveness of the Redevelopment Plan and a time limit on the period for paymen
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of the indebtedness and receipt of property taxes under the Redevelopment Plan have bee
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established; and
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WHEREAS, Senate Bill 1045, approved on September 1, 2003 and chaptered 0
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September 2, 2003 ("SB 1045"), amended Health and Safety Code Section 33333.6 to provid
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that the legislative body of the Agency may enact an ordinance to extend by one year the tim
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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
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MC-1203
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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 ofthis Ordinance is exempt for the California Enviromnenta
Quality Act codified under California Public Resources Code Section 21000 et. seq. (hereinafte
referred to as "CEQA") pursuant to CEQA Guidelines Section l5378(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 enviromnent.
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 Tri City Redevelopmen
Plan is hereby extended by one year from the existing time limit of June 20, 2023 to June 20
2024 and the Redevelopment Agency of the City of San Bernardino is hereby authorized to ac
with respect to the Redevelopment Plan at any time during which the Redevelopment Plan i
effective.
SECTION 2. The current time limit on paying indebtedness or receiving property taxe
pursuant to the Tri City Redevelopment Plan and the Community Redevelopment Law is hereb
extended by one year from the existing time limit of June 20, 2033 to June 20, 2034 and th
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MC-1203
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Redevelopment Agency of the City of San Bernardino is hereby authorized to act with respec
thereto during such extended period.
SECTION 3. Except with respect to the amendments set forth herein, the Tri Cit
Redevelopment Plan, as amended, is and shall remain unchanged and in full force and effect i
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
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
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invalid or unconstitutional without regard to whether any portion of the Ordinance would b
subsequently declared invalid or unconstitutional.
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P:\Agendas\ResolutionslResolulions\2005\05-06-07 Ordinance Tri-City Extension Reso Fdoc
MC-120J
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ORDINANCE OF THE CITY OF SAN BERNARDINO EXTENDING THE
TIME LIMIT OF THE EFFECTIVENESS OF THE TRI CITY
REDEVELOPMENT PLAN; EXTENDING THE TIME LIMIT FOR
PAYMENT OF INDEBTEDNESS AND RECEIPT OF PROPERTY TAXES
UNDER THE REDEVELOPMENT PLAN FOR THE TRI CITY
REDEVELOPMENT PROJECT AREA; AND MAKING OTHER
FINDINGS IN CONNECTION THEREWITH
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I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the
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City Council of the City of San Bernardino at a
joint regular
meeting thereof,
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9 held on the 20th day of June , 2005, by the following vote, to wit.
10 Council Members: Aves Navs Abstain Absent
11 ESTRADA x
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12 LONGVILLE x
13 MCGINNIS ---'L
14 DERRY X
15 KELLEY x
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16 JOHNSON ---'L
17 MC CAMMACK x
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Approved as to form and legal content:
r&e/w)1, CJ (JJ'Jo
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approve~i~~~~ ~~~~OJJ lufli~005.
/")
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~( ( {c-<-_-
)6d~h Valles, Mayor
( or Cdy ofSoo '="';0'
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P:\Agendas\Resolutions\ResolUlions\2005\05-06-07 Ordinance Tri-Cily Extension Reso Fdoc
CITY OF SAN BERNARDINO
(TRI-CITY 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: Tri-City Project Area (Mayor and Common Council Ordinance No. MC-1203)
Project Location: 378 acres located in southeast section of City of San Bernardino bit Waterman Ave & Tippecanoe Ave.
Project Location City: San Bernardino Project Location County: San Bernardino
Description of Nature, Purpose, and Beneficiaries of Project: Ordinance Number MC-1203 authorizes a one (I) year
extension of the term of the Redevelopment Plan for the Tri-City 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)(1); 15268);
o Declared emergency (Sec. 21080(b)(3); 15269(a));
o Emergency Project (Sec. 21080(b)(1); 15269(b)(c));
o Categorical Exemption. State type and section number:
Q 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-1203. 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
If filed bv applicant:
I. Att~~h~fied document of exemption finding.
2. Has7:2'e ofE mPti~~en filed by the public agency approving the project: Yes No
Signature: . . t> ./ Date: f;{~h) /" Title: Executive Director, Economic Development
/ / Agency of the City of San Bernardino
. Signed by,Lead Agency Date received for filing at OPR:
o Signed by Applicant
4812.J986-8160.1