HomeMy WebLinkAboutMC-1209
Adopted: June 20, 2005
Effective: July 21, 2005
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ORDINANCE NO.
MC-1209
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ORDINANCE OF THE CITY OF SAN BERNARDINO EXTENDING THE
TIME LIMIT OF THE EFFECTIVENESS OF THE CENTRAL CITY
EAST REDEVELOPMENT PLAN; EXTENDING THE TIME LIMIT FOR
PAYMENT OF INDEBTEDNESS AND RECEIPT OF PROPERTY TAXES
UNDER THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY
EAST 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 a
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community redevelopment agency duly created, established and authorized to transact business
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and exercise its powers, all under and pursuant to the California Community Redevelopment
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Law (the "CRL") codified under Division 24, Part I of the California Health and Safety Code
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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 out
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the Redevelopment Plan ("Redevelopment Plan") for the Central City East Redevelopment
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Project Area ("Project Area"), which was adopted by the Agency's legislative body, the San
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Bernardino City Council ("City Council"), by Ordinance No. 3571 on May 3, 1976; and
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WHEREAS, pursuant to California Health and Safety Code Section 33333.6, a time
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limit on the effectiveness of the Redevelopment Plan and a time limit on the period for payment
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of the indebtedness and receipt of property taxes under the Redevelopment Plan have been
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estab lished; and
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WHEREAS, Senate Bill 1045, approved on September 1, 2003 and chaptered on
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September 2,2003 ("SB 1045"), amended Health and Safety Code Section 33333.6 to provide
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that the legislative body of the Agency may enact an ordinance to extend by one year the time
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limit on the effectiveness of a Redevelopment Plan adopted prior to January 1, 1994 and the
time limit for payment of indebtedness and the receipt of property taxes under the same when
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P:\AgendasIResolutions\ResolutionsUOOS\OS_06_07 Ordinance Central City East E~tension Reso L.lhc
MC-1209
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the Agency, under such a plan, is required to make a payment to the Educational Revenue
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Augmentation Fund pursuant to California Health and Safety Code Section 33681.9; and
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WHEREAS, SB 1045 further provides that such ordinance may be adopted without
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compliance with the normal procedures for redevelopment plan amendments (see California
Health and Safety Code Section 33333.6(d)(2)); and
WHEREAS, the City Council desires to adopt this Ordinance to amend and extend
certain time limitations of the Redevelopment Plan, as more particularly set forth below, in
accordance with Section 33333.6 as amended by SB 1045; and
WHEREAS, the enactment of this Ordinance is exempt for the California
Environmental Quality Act codified under California Public Resources Code Section 21000 et.
seq. (hereinafter referred to as "CEQA") pursuant to CEQA Guidelines Section l5378(b)(4)
because it is a fiscal activity which does not involve any commitment to any specific project
which may result in a potentially significant physical impact on the environment.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SAN BERNARDINO, AS FOLLOWS:
SECTION 1. The current time limit on the effectiveness of the Central City East
Redevelopment Plan is hereby extended by one year from the existing time limit of May 3,
2016 to May 3, 2017 and the Redevelopment Agency of the City of San Bernardino is hereby
authorized to act with respect to the Redevelopment Plan at any time during which the
Redevelopment Plan is effective.
SECTION 2. The current time limit on paying indebtedness or receiving property taxes
pursuant to the Central City East Redevelopment Plan and the Community Redevelopment Law
is hereby extended by one year from the existing time limit of May 3,2026 to May 3, 2027 and
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MC-1209
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the Redevelopment Agency of the City of San Bernardino is hereby authorized to act with
respect thereto during such extended period.
SECTION 3. Except with respect to the amendments set forth herein, the Central City
East Redevelopment Plan, as amended, is and shall remain unchanged and in full force and
effect in accordance with its terms.
SECTION 4. The City Clerk is hereby authorized to file a Notice of Exemption with
the 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
from and after thirty (30) days after its final page and adoption. The City Clerk shall certify to
the passage and adoption of this Ordinance and shall cause this Ordinance to be published as set
forth below.
SECTION 6. Following adoption, the City Clerk shall see that this Ordinance IS
publicized in conformity with Government Code Section 36933.
SECTION 7. Inconsistent Provisions. Any provision of the City of San Bernardino
Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the
extent of such inconsistencies and no further, is hereby repealed or modified to the extent
necessary to effect the provisions of this Ordinance.
SECTION 8. Constitutionality. In any section, subsection, sentence, clause, or phrase
of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed this
Ordinance and each and every section, subsection, sentence, clause, or phrase not declared
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MC-1209
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invalid or unconstitutional without regard to whether any portion of the Ordinance would be
subsequently declared invalid or unconstitutional.
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P\Agendas\ResolutionsIResolutions\2005\OS-06-07 Ordinance C~ntral Cil)' East Extension Reso L.doc
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MC-l209
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ORDINANCE OF THE CITY OF SAN BERNARDINO EXTENDING THE
TIME LIMIT OF THE EFFECTIVENESS OF THE CENTRAL CITY
EAST REDEVELOPMENT PLAN; EXTENDING THE TIME LIMIT FOR
PAYMENT OF INDEBTEDNESS AND RECEIPT OF PROPERTY TAXES
UNDER THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY
EAST 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 City
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Council of the City of San Bernardino at a j oint regular
meeting thereof, held
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9 on the 20 th 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 --X-
14 DERRY x
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15 KELLEY X
16 JOHNSON ---'L
17 MC CAMMACK --X-
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k0J!4tJ Jj, ~ ~ CUI /6
Rachel G. Clark, City Clerk i\ ^ '
~ 0cnv:i~ YvVd1tY1!V; ~piJL-bx
The foregoing resolution is hereby approved thIS d./ff- day of June , 200~
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'{':' ';' C' {/
Judit Valles, Mayor
( e City of San Bernardino
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Approved as to form and legal content:
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By:
'l>"'- 7-., J~'
ity Attorney
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P:\Agendas\Resollltions\ResolulionsUOO5\05-06-07 Ordinance Central Cily East EKlension Reso L.d<x:
CITY OF SAN BERJ"IARDINO
(CENTRAL CITY EAST 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: Central City East Project Area (Mayor and Common Council Ordinance No. MC-1209)
Project Location: portion of 1008 acres located in central section of City of San Bernardino
Project Location City: San Bernardino Project Location County: San Bernardino
Description of Nature, Purpose, and Beneficiaries of Project: Ordinance Number MC-1209 authorizes a one (1) year
extension of the term of the Redevelopment Plan for the Central City East 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)
D Ministerial (Sec. 21080(b)(l); 15268);
D Declared emergency (Sec. 2l080(b)(3); 15269(a));
D Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
D Categorical Exemption. State type and section number:
Q Statutory Exemptions. State code ~umber: 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-1209. 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
. Signed by ad Agency
o Signed by Applicant
by the public agency approving the project: Yes No
Date: ~L ~ '/Title: Executive Director, Economic Development
I / Agency of the City of San Bernardino
Date received for filing at OPR:
Signature:
4814-0855-7824.1