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HomeMy WebLinkAbout13-Economic Development - .. CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY ORJGJNAL FROM: Emil A. Marzullo Interim Executive Director SUBJECT: Public Hearing - ERAF Redevelopment Project Area Plan Amendments DATE: March 24, 2009 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- SvnoDsis of Previous Commission/Council/Committee Action(s): On January 22, 2009, Redevelopment Committee Members Johnson, Baxter and Brinker unanimously voted to recommend that the Mayor and Common Council adopted ordinances to extend the expiration dates of various Redevelopment Plans. ------------------------------------- ---------------------------- --------------------------------- --------------------------------------- ----------------------------------- -------------------------------------- On March 16,2009, the Mayor and Common Council of the City of San Bernardino continued the public hearing to April 6, 2009. Recommended Ordinances: Open/Close Public Hearing - First Reading of Ordinances (Mavor and Common Council) Ordinance A: Ordinance of the City of San Bernardino extending the time limit of the effectiveness of the State College Redevelopment Plan; extending the time limit for payment of indebtedness and receipt of property taxes under the redevelopment plan for the State College Redevelopment Project Area; and making other findings in connection therewith (State College Redevelopment Project Area) Ordinance B: Ordinance of the City of San Bernardino extending the time limit of the effectiveness of the Central City North Redevelopment Plan; extending the time limit for payment of indebtedness and receipt of property taxes under the redevelopment plan for the Central City North Redevelopment Project Area; and making other findings in connection therewith (Central City North Redevelopment Project Area) (Recommended Ordinances Continued to Next Page...) Project Area(s): Mike Trout State College, Central City North, Central City West, Southeast Industrial Park, Northwest, Tri City, South Valle, Meadowbrook/Central City, Central City South, Central City East Phone: (909) 663-1044 Contact Person(s): Ward(s): 1 S\ 2nd, 3rd, 5th, 6th and 7th Supporting Data Attached: o Staff Report 0 Ordinances 0 Agreement(s)/Contract(s) 0 Map(s) 0 Leller(s) FUNDING REQUIREMENTS: Amount: $ -0- Source: N/A N/A Signature: Budget Authority: Fiscal Review: . ;iLL arbara Lindseth, Administrative Services Director Emil A. Marzullo, xecutive Director Commission/Council Notes: ~~ '1jC.jo'1" ~r<2~ P:\Agendas\Comm Dev Commission\CDC 2009\04-06-09 ERAF Ordinances - Plan Amendments SR (l) (Con't) doc COMMISSION MEETING AGENDA Meeting Date: ~ - ;;t (J - (J "'t Agenda Item Number: 13 . .. Recommended Motions Continued (Mavor and Common Council) Ordinance C: Ordinance of the City of San Bernardino extending the time limit of the effectiveness of the Central City West Redevelopment Plan; extending the time limit for payment of indebtedness and receipt of property taxes under the redevelopment plan for the Central City West Redevelopment Project Area; and making other findings in connection therewith (Central City West Redevelopment Project Area) Ordinance D: 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 (Southeast Industrial Park Redevelopment Project Area) Ordinance E: Ordinance of the City of San Bernardino extending the time limit of the effectiveness of the Northwest Redevelopment Plan; extending the time limit for payment of indebtedness and receipt of property taxes under the redevelopment plan for the Northwest Redevelopment Project Area; and making other findings in connection therewith (Northwest Redevelopment Project Area) Ordinance F: 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 (Tri City Redevelopment Project Area) Ordinance G: Ordinance of the City of San Bernardino extending the time limit of the effectiveness of the South Valle Redevelopment Plan; extending the time limit for payment of indebtedness and receipt of property taxes under the redevelopment plan for the South Valle Redevelopment Project Area; and making other findings in connection therewith (South Valle Redevelopment Project Area) Ordinance H: Ordinance of the City of San Bernardino extending the time limit of the effectiveness of the Meadowbrook/Central City Redevelopment Plan; extending the time limit for payment of indebtedness and receipt of property taxes under the redevelopment plan for the Meadowbrook/Central City Redevelopment Project Area; and making other findings in connection therewith (Meadowbrook/Central City Redevelopment Project Area) Ordinance I: Ordinance of the City of San Bernardino extending the time limit of the effectiveness of the Central City South Redevelopment Plan; extending the time limit for payment of indebtedness and receipt of property taxes under the redevelopment plan for the Central City South Redevelopment Project Area; and making other findings in connection therewith (Central City South Redevelopment Project Area) Ordinance J: 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 (Central City East Redevelopment Project Area) P\Agendas\Comm Dev Commission\CDC 2009\04-06-09 ERAF Ordinances - Plan Amendments SR (1) (Con't)doe COMMISSION MEETING AGENDA Meeting Date: 04106/2009 Agenda Item Number: ~ , .. ECONOMIC DEVELOPMENT AGENCY STAFF REPORT PUBLIC HEARING - ERAF REDEVELOPMENT PROJECT AREA PLAN AMENDMENTS BACKGROUND: During the 2003-2004 Fiscal Year, the State of California required every redevelopment agency to make an Educational Revenue Augmentation Fund (the "ERAF") payment to the County Auditor. In an effort to offset the financial burden caused by the ERAF payment, the California State Legislator (the "Legislator") in 2003, passed Senate Bill 1045 which authorized redevelopment agencies to amend their redevelopment plans to extend the time effectiveness ofthe plan by one (I) year for the 2003-2004 Fiscal Year ERAF payment. Each redevelopment plan has been extended by one (I) year, as a result of the 2003-2004 ERAF payment. In 2004, the Legislator passed Senate Bill 1096 (the "SB 1096") which again required every redevelopment agency to make an ERAF payment to the County Auditor for Fiscal Years 2004-2005 and 2005-2006. Each redevelopment agency, on or before May 10, 2005 and 2006, was to remit to the County Auditor its ERAF payment as determined by the State Director of Finance. If any agency failed to transmit the full amount of funds required, if it is precluded by court order from transmitting the amount, or it is otherwise unable to meet its full obligation, the County Auditor, no later than May 15, 2005 and 2006 would transfer any amount necessary to meet the obligation from the local legislative body's property tax allocation, including the City's allocation. The Redevelopment Agency of the City of San Bernardino (the "Agency") ERAF obligation for Fiscal Year 2004-2005 was $1,828,023 and for Fiscal Year 2005-2006 was $1,824,018.88. The Agency ERAF payment for Fiscal Years 2004-2005 and 2005-2006, were transmitted to the County Auditor in accordance with the deadlines stated in SB 1096. Further, the California Health and Safety Code (the "Code") Section 33333.6 was amended to allow agencies to amend their redevelopment plans to extend the time effectiveness of the plan by one (I) year for each year ofthe ERAF payments. CURRENT ISSUE: The following charts summarize which project area plan expiration dates can be extended without findings, with findings and those that cannot be extended. GROUPl Redevelopment Proiect Area Plan expiration dates that can be extended without findings: Proiect Area Current Plan Expiration Date Proposed Plan Expiration Date State College Central City North 04/27/2011 08/06/2014 04/27/2013 08/06/2016 -;-~~;;-';;~~=~~-~::'-':"~~~~;;'9\~~~:;;~~-;'~-;;c:;~;:;-:;';~;:;~;~~;;,~-;;;;-(~::,~;;~------COMMisSI-ON ~fil~~~1ffiJf-f ~ Meeting Date: 04/06/2009 Agenda Item Number: R .1~ Eco'nomic Development Agency Staff Report ERAF - Ordinance Plan Amendments Page 2 GROUP 2 Redevelopment Proiect Area Plan expiration dates that can be extended after required findinl.!s: Proiect Area Central City West Southeast Industrial Park Northwest Tri City South Valle Meadowbrook/Central City Central City South Central City East Current Plan Expiration Date Proposed Plan Expiration Date 02/17/2017 06/21/2017 07/06/2023 06/20/2024 07/09/2025 05/03/2017 05/03/2017 05/03/2017 02/17/2019 06/21/2019 07/06/2025 06/20/2026 07/09/2026 · (See Note) 05/03/2019 05/03/2019 05/03/2019 'Note: South Valle only qualifies for a one (I) year extension. GROUP 3 Redevelopment Proiect Area Plans that do not qualify for extensions: Proiect Area - Uptown - Mt. Veroon Corridor - 40th Street. Code Section 33333.6(e)(2)(D) states that if an agency is required by Code Section 33681.12 to make ERAF payments (Fiscal Years 2004-2005 and 2005-2006) that the Agency may amend its redevelopment plans to extend the time limits by one (I) year for each ERAF payment made. However, there were certain requirements that had to be met. GROUP I - If the time limit for the effectiveness of the redevelopment plan was ten (10) years or less from the last day of the fiscal year in which the payment was made, then the redevelopment plan could be extended by one (I) year for each year in which a payment was made. Only two (2) redevelopment project areas fall into GROUP I, State College and Central City North. Therefore, both project areas can be amended to extend the effectiveness of their redevelopment plans by two (2) years each. GROUP 2 - If the time limit for the effectiveness of the redevelopment plan was more than ten (10) years, but less than twenty (20) years from the last day of the fiscal year in which the payment was made, then the redevelopment plan could be extended by one (1) for each year in which a payment was made if additional requirements under Code Section 33333.6(e)(2)(D) were met. COMMISSION MEETING AGENDA Meeting Date: 04/06/2009 Agenda Item Number: !2Zq P:\Ageooas\Comm Dev Commission\CDC 2009\04-06-09 ERM Ordinances - Plan Amendments SR (I) (O:ln't).doc Ecobomic Development Agency Staff Report ERAF - Ordinance Plan Amendments Page 3 For GROUP 2, Code Section 33333.6(e)(2)(D) states that the Agency would have to be in compliance with various Sections of the Code: First, Code Section 33334.2 or Code Section 33334.6, as applicable. Code Section 33334.2 requires that not less than twenty percent (20%) of all taxes allocated to the Agency be used by the Agency "for the purposes of increasing, improving, and preserving the community's supply of low- and moderate-income housing available at affordable housing cost". The Agency is in compliance with this requirement; second, Code Section 33490 requires the adoption of an implementation plan. The Agency currently has an adopted implementation plan. Therefore, the Agency is in compliance with this requirement; third, that the Agency is in compliance with subdivisions (a) and (b) of Code Section 33413, to the extent applicable. Code Section 33413(a) deals with the Agency's requirement to replace low- and moderate-income housing that was removed from the housing market as a result of being destroyed or removed as part of a redevelopment project. Code Section 33413(b) deals with the need that a certain percentage of all new and substantially rehabilitated dwelling units developed by the Agency shall be made available at affordable housing cost to moderate, low- and very low-income persons and families. The Agency is in compliance with Code Section 33413(a) and (b); and fourth, that the Agency is not subject to sanctions pursuant to Code Section 33334.l2(e). Code Section 33334.l2(e) deals with sanctions placed upon an agency for its failure to expend, encumber, or disburse any excess surplus of low and moderate income housing funds. The Agency is not under any sanctions for its failure to expend, encumber or disburse any excess surplus of low and moderate income housing funds. Central City West, Southeast Industrial Park, Northwest, Tri City, South Valle, Meadowbrook/Central City, Central City South and Central City East fall into GROUP 2. Central City West, Southeast Industrial Park, Northwest, Tri City, Meadowbrook/Central City, Central City South and Central City East each qualify for an extension of the effectiveness of their redevelopment plans by two (2) years. However, South Valle only qualifies for a one (I) year extension due to the fact that the project area plan had an expiration date beyond twenty (20) years after the Fiscal Year 2004-2005 ERAF payment was made. GROUP 3 - If the time limit for the effectiveness of the redevelopment plan was more than twenty (20) years from the last day of the fiscal year in which the payment was made, then the redevelopment plan cannot be extended. The Uptown, Mt. Vernon Corridor and 40th Street Redevelopment Plans fall into GROUP 3. Each of these project area plans had an expiration date beyond twenty (20) years after both Fiscal Years 2004-2005 and 2005-2006 ERAF payments were transmitted to the County Auditor. By enacting Ordinances for each of the above redevelopment project areas that qualify for an extension, the effectiveness (expiration) of the redevelopment plans and the time limits for the receipt of tax increment revenue and the payment of debt will be extended. SB 1096 further allows that such Ordinances may be adopted without normal compliance procedures for redevelopment plan amendments. In accordance with Code Section 33333.6(e)(3)(A), the Agency caused that a Notice of Public Hearing for the SB 1096 ERAF Amendments be published in a newspaper of general circulation not less than ten (10) days prior to the public hearing and that a notice shall be sent to each affected taxing entity at least thirty (30) days prior to the public hearing. On February 11,2009, a notice of the public hearing was mailed to each of the affected taxing entities. Additionally, on February, 13, 2009, a notice for the public hearing was published in the San Bernardino County Sun newspaper. P:\Agendas\Comrn Dev Commission\CDC 2009\04-06-09 ERAF Ordinances - Plan Amendments SR (I) (Con'I),doc COMMISSION MEETING AGENDA Meeting Date: 04/0612009 Agenda Item Number: 1-2q , . EconomIc Development Agency Staff Report ERAF - Ordinance Plan Amendments Page 4 ENVIRONMENTAL IMP ACT: These Ordinances do not meet the definition of a "project" under Section 15378 of the California Environmental Quality Act (the "CEQA"). FISCAL IMPACT: The Agency will receive tax increment revenue for two (2) additional years beyond the current time limits to receive property taxes and pay debt. RECOMMENDATION: That said Ordinances be laid over for final adoption. ecutive Director P:\Agendas\Comrn Dev Commission\CDC 2009\04-06-09 ERAF Ordinances _ Plan Amendments SR (1) (Con't),doc COMMISSION MEETING AGENDA Meeting Date: 04106/2009 Agenda Item Number: t.2-. q 4 SAN BERNARDINO COUNTY SUN 4030 N GEORGIA BLVD, SAN BERNARDINO, CA 92407 Telephone (909) 889-9666 / Fax (909) 885-1253 Mike Trout/L. Wyche ECONOMIC DEVELOPMENT AGENCY-CI 201 NORTH E ST #301 SAN BERNARDINO, CA - 92401 PROOF OF PUBLICATION (2015.5 C.CP.) State of California ) County of SAN BERNARDINO ) 55 Notice Type: GPNSB - GOVERNMENT PUBLIC NOTICE-SB Ad Description: Proposed 2009 Amendment to various RPAs I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the SAN BERNARDINO COUNTY SUN, a newspaper published in the English language in the city of SAN-BERNARDINO, county of-SAN BERNARDINO, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of SAN BERNARDINO, State of California, under date 06/20/1952, Case No. 73084. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit 02113/2009 Executed on: 02/13/2009 At Los Angeles, California I certify (or declare) under penalty of perjury that the foregoing is true and correct. ;.'~i':/. .Ai, I.../:'?Jtq \JLJ Signature Thisspaceforfifingslamponly SBS#: 1524945 NOTICE OF PULlC HEARING OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO PROPOSED 2009 AMENDMENT TO THE REDEVELOPMENT PROJECT AREA PLANS FOR STATE COLLEGE, CENTRAL CITY NORTH, CENTRAL CITY WEST, SOUTHEAST INDUSTRIAL PARK. NORTHWEST, TRI CITY, SOUTH VALLE, MEADOWBROOK/CENTRAL CITY, CENTRAL CITY SOUTH AND CENTRAL CITY EAST NOTICE IS HEREBY GIVEN THAT the Mayor and Common Council of the City of San Bernardino (the "Mayor and Common Council") will conduct a public hearing on Monday, March 16, 2009 at 4:30 p.m., or as soon thereafter as may be practical, in the City Hall Council Chambers, City of San Bernardino, 300 North "D" Street. San Bernardino, CA 92418. The purpose of the pUblic hearing will be to consider adopting ordinances that will amend "(the Amendment") Redevelopment Proiect Area Plans for State College, Central City North, Central City West, Southeast Industrial Park, Northwest, Tri City, South Valle, Meadowbrook/Central City, Central City South and Central City East (the "Project Areas") as a result of the August 5, 2004 passage of California Senate Bill 1096 (the "5B 1096"). SB 1096 amended portions of the California Health and Safety Code (the "CRL") to allow redevelopment agencies to extend the time limit on the effectiveness of the redevelopment plan, the time limit for payment of indebtedness and the receipt of property taxes by one (1) year for each year of Educational Revenue Augmentation Fund (the "E RAFt;) payment mode in Fiscal Year 2004- 2005 end Fiscal Yeor 2005-2006. This is further explained in Section 33333.6(e)(2)(D) of the CRL. At the public hearing, the Mayor and Common Council will consider evidence and testimony of interested persons for and against the proposed Amendment to the Project Areas. If YOU have any questions regarding this Notice of Public Hearing, or if YOU have any other questions regarding the Amendment. please contact Mike Trout. Project Manager, Redevelopment Agency of the City of San Bernardino (the "Agency"). 201 North liE" Street, Suite 301, San Bernardino, CA 92401 or ot (909) 663- 1044 during regular business hours of the Agency, or by email at mtrout@sbrda.org. 1/11"111111 11111 11111 11111 11111 ""111111 11111 1111111111 11111 11111111' "" * ADO 000 1 0 1 766 7 * The City of San Bernardino recognizes its obligation to provide equal access to public services to those individuals with disabilities. Please contact the Director of Facilities Management at (909) 384-5244 two (2) working days prior to the meeting with any requests for reasonable accommodations, to include interpreters. Notice of Public Hearing given February 13. 2009. Send Proof of Publication to the above Agency address. CITY OF SAN BERNAROINO I{' Rachel Clark Ity Clerk REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO S Emil Marzullo gency ecretary 2113/09 5B5-1524945# NOTICE OF PULIC HEARING OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO PROPOSED 2009 AMENDMENT TO THE REDEVELOPMENT PROJECT AREA PLANS FOR STATE COLLEGE, CENTRAL CITY NORTH, CENTRAL CITY WEST, SOUTHEAST INDUSTRIAL PARK, NORTHWEST, TRI CITY, SOUTH VALLE, MEADOWBROOK/CENTRAL CITY, CENTRAL CITY SOUTH AND CENTRAL CITY EAST NOTICE IS HEREBY GIVEN THAT the Mayor and Common Council of the City of San Bernardino (the "Mayor and Common Council") will conduct a public hearing on Monday, March 16, 2009 at 4:30 p.m., or as soon thereafter as may be practical, in the City Hall Council Chambers, City of San Bernardino, 300 North "D" Street, San Bernardino, CA 92418. The purpose of the public hearing will be to consider adopting ordinances that will amend "(the Amendment") Redevelopment Project Area Plans for State College, Central City North, Central City West, Southeast Industrial Park, Northwest, Tri City, South Valle, Meadowbrook/Central City, Central City South and Central City East (the "Project Areas") as a result of the August 5, 2004 passage of California Senate Bill 1096 (the "SB 1096"). SB 1096 amended portions of the California Health and Safety Code (the "CRL") to allow redevelopment agencies to extend the time limit on the effectiveness of the redevelopment plan, the time limit for payment of indebtedness and the receipt of property taxes by one (I) year for each year of Educational Revenue Augmentation Fund (the "ERAF") payment made in Fiscal Year 2004-2005 and Fiscal Year 2005-2006. This is further explained in Section 33333.6(e)(2)(D) of the CRL. At the public hearing, the Mayor and Cornmon Council will consider evidence and testimony of interested persons for and against the proposed Amendment to the Project Areas. If you have any questions regarding this Notice of Public Hearing, or if you have any other questions regarding the Amendment, please contact Mike Trout, Project Manager, Redevelopment Agency of the City of San Bernardino (the "Agency"), 201 North "E" Street, Suite 301, San Bernardino, CA 92401 or at (909) 663-1044 during regular business hours of the Agency, or by email at mtrout@sbrda.org. The City of San Bernardino recognizes its obligation to provide equal access to public services to those individuals with disabilities. Please contact the Director of Facilities Management at (909) 384-5244 two (2) working days prior to the meeting with any requests for reasonable accommodations, to include interpreters. Notice of Public Hearing given Februarv 13,2009. Notice to Press: Publish once on Friday, February 13, 2009, Send Proof of Publication to the above Agency address. CITY OF SAN BERNARDINO /S/ Rachel Clark City Clerk REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO /S/ Emil Marzullo Agency Secretary \'.'T,' "I~ ~! ~ . O~UJ ijl~ OBlg ~ I" (1). u. ~ 'f{-CJ r- :E ~ ~4 E ~ \II (.} :2~O ~ ~ -r-V~ ~~ Ng ~ Q.3~/Nn oo::E .. :' I' >, u <=I <l) ~~8 ~O<n c: ('<) '""""' ?P o QJ QJ , ~ c: 8 '3 0 ~ :;3 p.,"'.'" " ~O""'O-~ c: 'i> ~ "< g ~ ~c.i)u~~ ~ 0::: g ~ c: u f:l1 ~ E ('lj "'8 ~.... 1-< QJ c/) !:i "'tl (\3..0 ~Obt; i:' is z "'~~ .... u 0 ~ U~N'" II H " OIl '" <=I ~ M '" H " <=I H " 0 " 0 .., M I:l . r.<. ".., co S"t:I..c::.-f O~Cl:l~-.::t al-ol.lJLt')(".J .r-! Cl:l tIl 0'\ "0 0..'1:t .. l-l Q) r-l .u < "'A<!l<JU I:l " l-oI l-l . l-l .. Q) QJ p::: .u 0 p::j.u U)~ "'''' ..... 1:l;3:"A'"Cl '" <J H U)rlCl:l..c::ett co.u.ua 4-1 0.. 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E = "" = J!i (CO~ 1 ORDINANCE NO. 2 3 ORDINANCE OF THE CITY OF SAN BERNARDINO EXTENDING THE TIME LIMIT OF THE EFFECTIVENESS OF THE STATE COLLEGE REDEVELOPMENT PLAN; EXTENDING THE TIME LIMIT FOR PAYMENT OF INDEBTEDNESS AND RECEIPT OF PROPERTY TAXES UNDER THE REDEVELOPMENT PLAN FOR THE STATE COLLEGE REDEVELOPMENT PROJECT AREA; AND MAKING OTHER FINDINGS IN CONNECTION THEREWITH (STATE COLLEGE REDEVELOPMENT PROJECT AREA) 4 5 6 7 8 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") i a community redevelopment agency duly created, established and authorized to transact busines and exercise its powers, all under and pursuant to the California Community Redevelopmen 9 10 11 Law (the "CRL") codified under Division 24, Part I of the California Health and Safety Cod commencing at Section 33000; and 12 13 WHEREAS, the Agency is engaged in activities necessary and appropriate to carry ou 14 15 the Redevelopment Plan (the "Redevelopment Plan") for the State College Redevelopmen Project Area (the "Project Area"), which was adopted by the Agency's legislative body, the S Bernardino City Council (the "City Council"), by Ordinance No. 3067 on April 27, 1970; and WHEREAS, pursuant to California Health and Safety Code (the "Code") Sectio 33333.6, a time limit on the effectiveness of the Redevelopment Plan and a time limit on th period for payment of the indebtedness and receipt of property taxes under the Redevelopmen Plan have been established; and 16 17 18 19 20 21 22 WHEREAS, Senate Bill 1096, approved on August 5, 2004 and chaptered on August 5 2004 (the "SB 1096"), amended Code Section 33333.6 to provide that the legislative body ofth 23 24 Agency may enact an Ordinance to extend the time limit on the effectiveness of 25 Redevelopment Plan adopted prior to January I, 1994, and the time limit for payment 0 indebtedness and the receipt of property taxes under the same when the Agency, under such plan, is required to make a payment to the Educational Revenue Augmentation Fund (th "ERAF") pursuant to Code Section 33681.12; and 26 27 28 1 tr - 6-cAJ ~9A P:\Agendas\ResohrtioD5\Rcsolutions\2009'\04..06.09 Ordinance A. SC Red Plan Extensionl ,doc 1 2 3 4 5 6 7 8 9 10 11 12 13 WHEREAS, SB 1096 further provides that the time limit on the effectiveness of th Redevelopment Plan, the time limit for payment of indebtedness and the receipt of property taxe may be extended by one (1) year for each year of the ERAF payment for Fiscal Years 2004-2005 and 2005-2006 (see Code Section 33333.6(e)(2)(D)); and WHEREAS, SB 1096 further provides that such Ordinance may be adopted withou compliance with the normal procedures for redevelopment plan amendments (see Code Sectio 33333.6(e)(3)(A)); 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, accordance with Code Section 33333.6, as amended by SB 1096; and WHEREAS, the enactment of this Ordinance is exempt for the California Environmen Quality Act codified under California Public Resources Code Section 21000 et seQ. (hereinafte referred to as "CEQA") pursuant to CEQA Guidelines Section 1 5378(b)(4) because it is a fisc activity which does not involve any commitment to any specific project which may result in potentially significant physical impact on the environment. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDIN DO ORDAIN, AS FOLLOWS: Section 1. The current time limit on the effectiveness of the State Colleg Redevelopment Plan is hereby extended by two (2) years from the existing time limit of Apri 27, 2011 to April 27, 2013, and the Agency is hereby authorized to act with respect to th Redevelopment Plan at any time during which the Redevelopment Plan is effective. Section 2. The current time limit on paying indebtedness or receiving property taxe pursuant to the State College Redevelopment Plan and the CRL is hereby extended by two (2 years from the existing time limit of April 27, 2021 to April 27, 2023, and the Agency is hereb authorized to act with respect thereto during such extended period. Section 3. Except with respect to the amendments set forth herein, the State Colleg Redevelopment Plan, as amended, is and shall remain unchanged and in full force and effect . 2 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P:\Agtndas\Resolution5\Re~]ulion5\2009\04-()(i..Q9 Ordinance A - SC Red. Plan Extensionl.do<: 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 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 the CEQA Guidelines, Section 15094. Section 5. This Ordinance shall go into effect and be in full force and operation from an after thirty (30) days after its final passage 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 cause this Ordinance to be publishe 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. If any section, subsection, sentence, clause, or phrase 0 this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any co of competent jurisdiction, such decision shall not affect the validity of the remaining portions 0 this Ordinance. The City Council hereby declares that it would have passed this Ordinance an each and every section, subsection, sentence, clause, or phrase not declared invalid 0 unconstitutional without regard to whether any portion of this Ordinance would be subsequent! declared invalid or unconstitutional. /1/ /1/ 1// 1// 1// 1// 3 P:lAgend15\Resolutions\Resolutions\2009\04-06-09 Ordinance A. SC Red. Plan Extensionl.doc 1 ORDINANCE OF THE CITY OF SAN BERNARDINO EXTENDING THE TIME LIMIT OF THE EFFECTIVENESS OF THE STATE COLLEGE REDEVELOPMENT PLAN; EXTENDING THE TIME LIMIT FOR PAYMENT OF INDEBTEDNESS AND RECEIPT OF PROPERTY TAXES UNDER THE REDEVELOPMENT PLAN FOR THE STATE COLLEGE REDEVELOPMENT PROJECT AREA; AND MAKING OTHER FINDINGS IN CONNECTION THEREWITH (STATE COLLEGE REDEVELOPMENT PROJECT AREA) 2 3 4 o " 6 7 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and 8 Common Council of the City of San Bernardino at a regular meeting thereof, held on the 9 , 2009, by the following vote, to wit. day of 10 Council Members: Aves Navs Abstain Absent 11 12 ESTRADA BAXTER BRINKER SHORETT KELLEY JOHNSON MC CAMMACK 13 14 15 16 17 18 19 20 Rachel G. Clark, City Clerk 21 22 The foregoing Ordinance is hereby approved this 23 day of ,2009. 24 25 Patrick J. Morris, Mayor City of San Bernardino 26 Approved as to Form: 27 4 28 P:\Agendas\Resolutions\Resolution.s\2009\Q4.06-09 Ordinance A. SC Red. Plan Extensionl,doc 1 ORDINANCE NO. 2 3 ORDINANCE OF THE CITY OF SAN BERNARDINO EXTENDING THE TIME LIMIT OF THE EFFECTIVENESS OF THE CENTRAL CITY NORTH REDEVELOPMENT PLAN; EXTENDING THE TIME LIMIT FOR PAYMENT OF INDEBTEDNESS AND RECEIPT OF PROPERTY TAXES UNDER THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA; AND MAKING OTHER FINDINGS IN CONNECTION THEREWITH (CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA) 4 5 6 7 8 9 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") i 10 a community redevelopment agency duly created, established and authorized to transact busines and exercise its powers, all under and pursuant to the California Community Redevelopmen 11 12 Law (the "CRL") codified under Division 24, Part 1 of the California Health and Safety Cod 13 commencing at Section 33000; and WHEREAS, the Agency is engaged in activities necessary and appropriate to carry ou 14 15 16 the Redevelopment Plan (the "Redevelopment Plan") for the Central City North Redevelopmen Project Area (the "Project Area"), which was adopted by the Agency's legislative body, the S Bernardino City Council (the "City Council"), by Ordinance No. 3366 on August 6, 1973; and WHEREAS, pursuant to California Health and Safety Code (the "Code") Sectio 33333.6, a time limit on the effectiveness of the Redevelopment Plan and a time limit on th 17 18 19 20 21 period for payment of the indebtedness and receipt of property taxes under the Redevelopmen 22 Plan have been established; and 23 WHEREAS, Senate Bill 1096, approved on August 5, 2004 and chaptered on August 5 2004 (the "SB 1096"), amended Code Section 33333.6 to provide that the legislative body ofth Agency may enact an Ordinance to extend the time limit on the effectiveness of 24 25 26 Redevelopment Plan adopted prior to January 1, 1994, and the time limit for payment 0 indebtedness and the receipt of property taxes under the same when the Agency, under such plan, is required to make a payment to the Educational Revenue Augmentation Fund (th 27 28 1 4-~-O~ R;l'1!3 P:\Agcndas\Resolulions\Resolulions\2009\04.Q6..09 Ordinance B . CCN Red Plan Extensionl.doc 1 2 3 "ERAF") pursuant to Code Section 33681.12; and WHEREAS, SB 1096 provides that the time limit on the effectiveness of th Redevelopment Plan, the time limit for payment of indebtedness and the receipt of property taxe may be extended by one (I) year for each year of the ERAF payment for Fiscal Years 2004-200 and 2005-2006 (see Code Section 33333.6(e)(2)(D)); and WHEREAS, SB 1096 further provides that such Ordinance may be adopted withou compliance with the normal procedures for redevelopment plan amendments (see Code Sectio 33333.6(e)(3)(A)); 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 Code Section 33333.6, as amended by SB 1096; and WHEREAS, the enactment of this Ordinance is exempt for the California Environmen Quality Act codified under California Public Resources Code Section 21000 et seo. (hereinafte referred to as "CEQA") pursuant to the CEQA Guidelines, Section 15378(b)(4) because it is fiscal activity which does not involve any commitment to any specific project which may resul in a potentially significant physical impact on the environment. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDIN DO ORDAIN, AS FOLLOWS: Section 1. The current time limit on the effectiveness of the Central City No Redevelopment Plan is hereby extended by two (2) years from the existing time limit of Augus 6, 2014 to August 6, 2016, and the Agency is hereby authorized to act with respect to th Redevelopment Plan at any time during which the Redevelopment Plan is effective. Section 2. The current time limit on paying indebtedness or receiving property taxe pursuant to the Central City North Redevelopment Plan and the CRL is hereby extended by tw (2) years from the existing time limit of August 6, 2024 to August 6, 2026, and the Agency i hereby authorized to act with respect thereto during such extended period. 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 2 P:\Agendas\Resolulions\Resolulions\2009\04-06-09 Ordinance B . eCN Red Plan ExtensioDl_do<; 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 3. Except with respect to the amendments set forth herein, the Central Ci North Redevelopment Plan, as amended, is and shall remain unchanged and in full force an 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 the 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 fmal passage 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 cause this Ordinance to b published 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. If any section, subsection, sentence, clause, or phrase 0 this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any co of competent jurisdiction, such decision shall not affect the validity of the remaining portions 0 this Ordinance. The City Council hereby declares that it would have passed this Ordinance an each and every section, subsection, sentence, clause, or phrase not declared invalid 0 unconstitutional without regard to whether any portion of this Ordinance would be subsequent! declared invalid or unconstitutional. 1// /1/ 1// 1// 3 P:\Agendas\Resolutions\Resolutionsi2009\04-06-09 Ordinance B. CCN Red. Plan ElrtensionLdoc 1 ORDINANCE OF THE CITY OF SAN BERNARDINO EXTENDING THE TIME LIMIT OF THE EFFECTIVENESS OF THE CENTRAL CITY NORTH REDEVELOPMENT PLAN; EXTENDING THE TIME LIMIT FOR PAYMENT OF INDEBTEDNESS AND RECEIPT OF PROPERTY TAXES UNDER THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA; AND MAKING OTHER FINDINGS IN CONNECTION THEREWITH (CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA) 2 3 4 5 6 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and 7 8 Common Council of the City of San Bernardino at a regular meeting thereof, held on the 9 day of . 2009, by the following vote, to wit. 10 Abstain Absent Navs Council Members: Aves 11 ESTRADA BAXTER BRINKER SHORETT KELLEY JOHNSON MC CAMMACK 12 13 14 15 16 17 18 19 20 Rachel G. Clark, City Clerk 21 22 The foregoing Ordinance is hereby approved this day of ,2009. 23 24 25 Patrick 1. Morris, Mayor City of San Bernardino Approved as to Form: 26 27 4 28 PlAgendas\Resolutions\Rcsolutions\2009\04-06-09 Ordinance B. eCN Red. Plan ExtensionLdoc 1 ORDINANCE NO. 2 3 ORDINANCE OF THE CITY OF SAN BERNARDINO EXTENDING THE TIME LIMIT OF THE EFFECTIVENESS OF THE CENTRAL CITY WEST REDEVELOPMENT PLAN; EXTENDING THE TIME LIMIT FOR PAYMENT OF INDEBTEDNESS AND RECEIPT OF PROPERTY TAXES UNDER THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY WEST REDEVELOPMENT PROJECT AREA; AND MAKING OTHER FINDINGS IN CONNECTION THEREWITH (CENTRAL CITY WEST REDEVELOPMENT PROJECT AREA) 4 5 6 7 8 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") i a community redevelopment agency duly created, established and authorized to transact busines and exercise its powers, all under and pursuant to the California Community Redevelopmen 9 10 11 Law (the "CRL") codified under Division 24, Part I of the California Health and Safety Cod commencing at Section 33000; and 12 13 WHEREAS, the Agency is engaged in activities necessary and appropriate to carry ou 14 15 the Redevelopment Plan (the "Redevelopment Plan") for the Central City West Redevelopmen Project Area (the "Project Area"), which was adopted by the Agency's legislative body, the S Bernardino City Council (the "City Council"), by Ordinance No. 3553 on February 17, 1976 and 16 17 18 19 WHEREAS, pursuant to California Health and Safety Code (the "Code") Sectio 33333.6, a time limit on the effectiveness of the Redevelopment Plan and a time limit on th period for payment of the indebtedness and receipt of property taxes under the Redevelopmen Plan have been established; and 20 21 22 23 WHEREAS, Senate Bill 1096, approved on August 5, 2004 and chaptered on August 5 2004 (the "SB 1096"), amended Code Section 33333.6 to provide that the legislative body ofth 24 25 Agency may enact an Ordinance to extend the time limit on the effectiveness of 26 Redevelopment Plan adopted prior to January I, 1994, and the time lirnit for payment 0 indebtedness and the receipt of property taxes under the same when the Agency, under such plan, is required to make a payment to the Educational Revenue Augmentation Fund (th l(-b-t:J' f(:2'}(!., 27 28 1 P;\Agendas\Re$OJutionslRcsolutiolls\2009\04-06-09 Ordinance C . CCW Red. Plan Extensionl ,doc 1 2 3 4 5 6 "ERAF") pursuant to Code Section 33681.12; and WHEREAS, SB 1096 provides that the time limit on the effectiveness of th Redevelopment Plan, the time limit for payment of indebtedness and the receipt of property taxe may be extended by one (I) year for each year of the ERAF payment for Fiscal Years 2004-2005 and 2005-2006 (see Code Section 33333.6(e)(2)(D)); and WHEREAS, for those project areas that have a time limit for the effectiveness of thei redevelopment plans of more than ten (10) years and less than twenty (20) years from the las day of the fiscal year in which the ERAF payment was made, the City Council is required t make findings that the Agency is in compliance with various items identified in Code Sectio 33333.6(e)(2)(D)(ii)(1I); and WHEREAS, the Agency is In compliance with the requirements of Code Sectio 33333.6(e)(2)(D)(ii)(1I) based on the evidence and findings presented at the public hearing wi regards to the following enumerated obligations to thus allow the Agency to obtain the benefi of said Code Section and to extend the term of the Redevelopment Plan as provided in thi Ordinance: I) Code Section 33334.2 requiring the Agency to use not less than twenty percen (20%) of all taxes allocated to the Agency for the purpose of increasing, improving an preserving the community's supply of low- and moderate-income housing available at affordabl housing cost; 2) Code Section 33490 requiring the Agency to currently have in place an adopte Implementation Plan; 3) Code Section 33413(a) whereby the Agency is required to replace 10 and moderate income housing that has been removed from the housing market as a result 0 being destroyed or removed as part of a redevelopment project; 4) Code Section 33413(b requiring the Agency to ensure that a certain percentage of all new and substantially rehabilitate dwelling units developed by the Agency shall be made available at affordable housing cost t moderate, low- and very low-income persons and families; and 5) Code Section 33334.1 requiring that the Agency have no sanctions placed upon it with regards to failure to expend encumber or disburse any excess surplus of low- and moderate-income housing funds; and 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 P:\AgendasIResotutions\ResolutionsIJOO9\04-06-09 Ordinance C - CCW Red. Plan Extensionl.doc 1 2 3 WHEREAS, SB 1096 further provides that such Ordinance may be adopted withou compliance with the normal procedures for redevelopment plan amendments (see Code Sectio 33333.6(e)(3)(A)); 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, . accordance with Code Section 33333.6, as amended by SB 1096; and WHEREAS, the enactment of this Ordinance is exempt for the California Environmen Quality Act codified under California Public Resources Code Section 21000 et seq. (hereinafte referred to as "CEQA") pursuant to the CEQA Guidelines, Section 15378(b)(4) because it is fiscal activity which does not involve any commitment to any specific project which may resul in a potentially significant physical impact on the environment. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDIN DO ORDAIN, AS FOLLOWS: Section 1. The City Council finds and determines, with respect to the Project Area, tha the Agency is in compliance with the requirements of California Health and Safety Code Sectio 33333.6(e)(2)(D)(ii)(II) and the Redevelopment Plan may therefore be extended for two (2 years pursuant to said Section. Section 2. The current time limit on the effectiveness of the Central City Wes Redevelopment Plan is hereby extended by two (2) years from the existing time limit 0 February 17,2017 to February 17,2019, and the Agency is hereby authorized to act with respec to the Redevelopment Plan at any time during which the Redevelopment Plan is effective. Section 3. The current time limit on paying indebtedness or receiving property taxe pursuant to the Central City West Redevelopment Plan and the CRL is hereby extended by tw (2) years from the existing time limit of February 17,2027 to February 17,2029, and the Agenc is hereby authorized to act with respect thereto during such extended period. Section 4. Except with respect to the amendments set forth herein, the Central City We Redevelopment Plan, as amended, is and shall remain unchanged and in full force and effect i 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 P:\AgendaslResolutionslResolutionsUOO9\04-06-09 Ordinance C . CCW Red Plan ElttClUionl.doc 1 2 3 accordance with its terms. Section 5. 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 6. This Ordinance shall go into effect and be in full force and operation from an after thirty (30) days after its final passage 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 7. Following adoption, the City Clerk shall cause this Ordinance to be publishe in conformity with Government Code Section 36933. Section 8. 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 9. Constitutionality. If any section, subsection, sentence, clause, or phrase 0 this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any co of competent jurisdiction, such decision shall not affect the validity of the remaining portions 0 this Ordinance. The City Council hereby declares that it would have passed this Ordinance an each and every section, subsection, sentence, clause, or phrase not declared invalid 0 unconstitutional without regard to whether any portion of this Ordinance would be subsequent! declared invalid or unconstitutional. 1// 1// 1// 1// 1// /1/ /1/ 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 4 P:lAgendaslResolutions\Resolutionsl2009\Q4-06-Q9 Ordinance C - ecw Red. Plan &tension] .doc 1 ORDINANCE OF THE CITY OF SAN BERNARDINO EXTENDING THE TIME LIMIT OF THE EFFECTIVENESS OF THE CENTRAL CITY WEST REDEVELOPMENT PLAN; EXTENDING THE TIME LIMIT FOR PAYMENT OF INDEBTEDNESS AND RECEIPT OF PROPERTY TAXES UNDER THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY WEST REDEVELOPMENT PROJECT AREA; AND MAKING OTHER FINDINGS IN CONNECTION THEREWITH (CENTRAL CITY WEST REDEVELOPMENT PROJECT AREA) 2 3 4 5 6 7 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and 8 Common Council of the City of San Bernardino at a regular meeting thereof, held on the 9 day of , 2009, by the following vote, to wit. 10 Council Members: Absent Abstain Navs Aves 11 12 ESTRADA BAXTER BRINKER SHORETT KELLEY JOHNSON 13 14 15 16 17 MC CAMMACK 18 19 20 Rachel G. Clark, City Clerk 21 22 The foregoing Ordinance is hereby approved this day of ,2009. 23 24 25 Patrick 1. Morris, Mayor City of San Bernardino 26 Approved as to Form: 27 5 28 P:\Agendas\Re$Qlutions\Resolulions\2009\04.06-09 Ordinance C . CCW Red. Plan Extension] ,doc 1 ORDINANCE NO. 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 (SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT AREA) 4 5 6 7 8 9 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") i a community redevelopment agency duly created, established and authorized to transact busines and exercise its powers, all under and pursuant to the California Community Redevelopmen 10 11 12 Law (the "CRL") codified under Division 24, Part I of the California Health and Safety Cod commencing at Section 33000; and WHEREAS, the Agency is engaged in activities necessary and appropriate to carry ou 13 14 15 the Redevelopment Plan (the "Redevelopment Plan") for the Southeast Industrial Par Redevelopment Project Area (the "Project Area"), which was adopted by the Agency' legislative body, the San Bernardino City Council (the "City Council"), by Ordinance No. 358 on June 21, 1976; and WHEREAS, pursuant to California Health and Safety Code (the "Code") Secti.o 16 17 18 19 20 21 33333.6, a time limit on the effectiveness of the Redevelopment Plan and a time limit on th period for payment of the indebtedness and receipt of property taxes under the Redevelopmen Plan have been established; and 22 23 24 WHEREAS, Senate Bill 1096, approved on August 5, 2004 and chaptered on August 5 2004 (the "SB 1096"), amended Code Section 33333.6 to provide that the legislative body ofth 25 26 Agency may enact an Ordinance to extend the time limit on the effectiveness of 27 Redevelopment Plan adopted prior to January I, 1994, and the time limit for payment 0 indebtedness and the receipt of property taxes under the same when the Agency, under such plan, is required to make a payment to the Educational Revenue Augmentation Fund (th 28 1 P:\AgendaslResolutionslResolutions\2009\04-06...09 Ordinance D - SEIP Red. Plan Extensionl ,doc If - 06 .eFt R ;Zo.,.o 1 "ERAF") pursuant to Code Section 33681.12; and WHEREAS, SB 1096 provides that the time limit on the effectiveness of th Redevelopment Plan, the time limit for payment of indebtedness and the receipt of property taxe may be extended by one (1) year for each year of the ERAF payment for Fiscal Years 2004-200 2 3 4 5 and 2005-2006 (see Code Section 33333.6(e)(2)(D)); and 6 7 WHEREAS, for those project areas that have a time limit for the effectiveness of thei redevelopment plans of more than ten (10) years and less than twenty (20) years from the las day of the fiscal year in which the ERAF payment was made, the City Council is required t make findings that the Agency is in compliance with various items identified in Code Sectio 8 9 10 11 33333.6(e)(2)(D)(ii)(II); and 12 WHEREAS, the Agency IS in compliance with the requirements of Code Sectio 13 33333.6(e)(2)(D)(ii)(II) based on the evidence and [mdings presented at the public hearing wi 14 regards to the following enumerated obligations to thus allow the Agency to obtain the benefi of said Code Section and to extend the term of the Redevelopment Plan as provided in thi Ordinance: 1) Code Section 33334.2 requiring the Agency to use not less than twenty percen (20%) of all taxes allocated to the Agency for the purpose of increasing, improving an preserving the community's supply oflow- and moderate-income housing available at affordabl housing cost; 2) Code Section 33490 requiring the Agency to currently have in place an adopte Implementation Plan; 3) Code Section 33413(a) whereby the Agency is required to replace low and moderate-income housing that has been removed from the housing market as a result 0 being destroyed or removed as part of a redevelopment project; 4) Code Section 33413(b requiring the Agency to ensure that a certain percentage of all new and substantially rehabilitate dwelling units developed by the Agency shall be made available at affordable housing cost t moderate, low- and very low-income persons and families; and 5) Code Section 33334.1 requiring that the Agency have no sanctions placed upon it with regards to failure to expend encumber or disburse any excess surplus of low- and moderate-income housing funds; and 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 P:\AgendasIResoJutionslResolulionsl2009\04-06_09 Ordinance D - SEIP Red Plan EnensionLdoc 1 WHEREAS, SB 1096 further provides that such Ordinance may be adopted withou compliance with the normal procedures for redevelopment plan amendments (see Code Sectio 2 3 33333.6(e)(3)(A)); and 4 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, 5 6 accordance with Code Section 33333.6, as amended by SB 1096; and 7 8 WHEREAS, the enactment of this Ordinance is exempt for the California Environmen 9 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 fisc 10 11 activity which does not involve any commitment to any specific project which may result in potentially significant physical impact on the environment. 12 13 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDIN DO ORDAIN, AS FOLLOWS: 14 15 Section 1. The City Council fmds and determines, with respect to the Project Area, tha the Agency is in compliance with the requirements of California Health and Safety Code Sectio 33333.6(e)(2)(D)(ii)(II) and the Redevelopment Plan may therefore be extended for two (2 16 17 18 years pursuant to said Section. 19 Section 2. The current time limit on the effectiveness of the Southeast Industrial Par 20 Redevelopment Plan is hereby extended by two (2) years from the existing time limit of June 21 2017 to June 21, 2019, and the Agency is hereby authorized to act with respect Redevelopment Plan at any time during which the Redevelopment Plan is effective. Section 3. The current time limit on paying indebtedness or receiving property taxe pursuant to the Southeast Industrial Park Redevelopment Plan and the CRL is hereby extende by two (2) years from the existing time limit of June 21, 2027 to June 21, 2029, and the Agenc is hereby authorized to act with respect thereto during such extended period. 21 22 23 24 25 26 27 28 3 P\Agendas\Jlesolutions\ResolutioDs\2009\Q4.Q6...Q9 Ordinance D - SElP Red. Plan Extensionl.doc 1 Section 4. 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. 2 3 4 Section 5. The City Clerk is hereby authorized to file a Notice of Exemption with th County of San Bernardino pursuant to the CEQA Guidelines, Section 15094. 5 6 7 Section 6. This Ordinance shall go into effect and be in full force and operation from an 8 after thirty (30) days after its final passage 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. 9 10 11 Section 7. Following adoption, the City Clerk shall cause this Ordinance to be publishe in conformity with Government Code Section 36933. 12 13 Section 8. 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. 14 15 16 17 Section 9. Constitutionality. If any section, subsection, sentence, clause, or phrase 0 18 this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any co of competent jurisdiction, such decision shall not affect the validity of the remaining portions 0 this Ordinance. The City Council hereby declares that it would have passed this Ordinance an 19 20 21 each and every section, subsection, sentence, clause, or phrase not declared invalid 0 22 unconstitutional without regard to whether any portion of this Ordinance would be subsequent! declared invalid or unconstitutional. 23 24 1// 1// 1// 1// 25 26 27 28 4 P:\Agendas\Re.Kllutions\Rcsolutions\2009\04-06-09 Ordinance D. SEIP Red. Plan ExtensionLdoc . 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 (SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT AREA) 2 3 4 5 6 7 8 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and 9 Common Council of the City of San Bernardino at a regular meeting thereof, held on the day of . 2009, by the following vote, to wit. 10 11 Council Members: 12 ESTRADA 13 BAXTER 14 BRINKER 15 SHORETT 16 KELLEY 17 JOHNSON 18 MC CAMMACK 19 20 21 Aves Navs Abstain Absent Rachel G. Clark, City Clerk 22 The foregoing Ordinance is hereby approved this day of ,2009. 23 24 25 26 Approved as to Form: 27 Patrick 1. Morris, Mayor City of San Bernardino 28 By: 1-- es F. Penman, City Attorney 5 P:\Agendas\Resolutions\Resolutions\2009\04-06..09 Ordinance D - SEll' Red_ Plan Extension! doc 1 ORDINANCE NO. 2 3 ORDINANCE OF THE CITY OF SAN BERNARDINO EXTENDING THE TIME LIMIT OF THE EFFECTIVENESS OF THE NORTHWEST REDEVELOPMENT PLAN; EXTENDING THE TIME LIMIT FOR PAYMENT OF INDEBTEDNESS AND RECEIPT OF PROPERTY TAXES UNDER THE REDEVELOPMENT PLAN FOR THE NORTHWEST REDEVELOPMENT PROJECT AREA; AND MAKING OTHER FINDINGS IN CONNECTION THEREWITH (NORTHWEST REDEVELOPMENT PROJECT AREA) 4 5 6 7 8 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") i 9 a community redevelopment agency duly created, established and authorized to transact busines and exercise its powers, all under and pursuant to the California Community Redevelopmen 10 11 Law (the "CRL") codified under Division 24, Part I of the California Health and Safety Cod 12 13 commencing at Section 33000; and WHEREAS, the Agency is engaged in activities necessary and appropriate to carry ou 14 15 the Redevelopment Plan (the "Redevelopment Plan") for the Northwest Redevelopment Projec Area (the "Project Area"), which was adopted by the Agency's legislative body, the S Bernardino City Council (the "City Council"), by Ordinance No. MC-189 on July 6, 1982; and WHEREAS, pursuant to California Health and Safety Code (the "Code") Sectio 33333.6, a time limit on the effectiveness of the Redevelopment Plan and a time limit on th period for payment of the indebtedness and receipt of property taxes under the Redevelopmen Plan have been established; and 16 17 18 19 20 21 22 WHEREAS, Senate Bill 1096, approved on August 5, 2004 and chaptered on August 5 2004 (the "SB 1096"), amended Code Section 33333.6 to provide that the legislative body ofth 23 24 Agency may enact an Ordinance to extend the time limit on the effectiveness of 25 Redevelopment Plan adopted prior to January I, 1994, and the time lirnit for payment 0 indebtedness and the receipt of property taxes under the same when the Agency, under such plan, is required to make a payment to the Educational Revenue Augmentation Fund (th "ERAF") pursuant to Code Section 33681.12; and 26 27 28 1 l{ ~t -t', f? ;;2 ') E PlAgenda.slResolutions\Resolutions\2009\04_06-09 Ordinance E - NW Red. Plan Elttensionl ,doc 1 2 WHEREAS, SB 1096 provides that the time limit on the effectiveness of th Redevelopment Plan, the time limit for payment of indebtedness and the receipt of property !aXe may be extended by one (I) year for each year of the ERAF payment for Fiscal Years 2004-200 and 2005-2006 (see Code Section 33333.6(e)(2)(D)); and WHEREAS, for those project areas that have a time limit for the effectiveness of the. redevelopment plans of more than ten (10) years and less than twenty (20) years from the las day of the fiscal year in which the ERAF payment was made, the City Council is required t make findings that the Agency is in compliance with various items identified in Code Sectio 33333.6(e)(2)(D)(ii)(II); and WHEREAS, the Agency IS ill compliance with the requirements of Code Sectio 33333.6(e)(2)(D)(ii)(II) based on the evidence and findings presented at the public hearing wi regards to the following enumerated obligations to thus allow the Agency to obtain the benefi of said Code Section and to extend the term of the Redevelopment Plan as provided in !hi Ordinance: I) Code Section 33334.2 requiring the Agency to use not less than twenty percen (20%) of all taxes allocated to the Agency for the purpose of increasing, improving an preserving the community's supply of low- and moderate-income housing available at affordabl housing cost; 2) Code Section 33490 requiring the Agency to currently have in place an adopte Implementation Plan; 3) Code Section 33413(a) whereby the Agency is required to replace low and moderate-income housing that has been removed from the housing market as a result 0 being destroyed or removed as part of a redevelopment project; 4) Code Section 33413(b requiring the Agency to ensure that a certain percentage of all new and substantially rehabilitate dwelling units developed by the Agency shall be made available at affordable housing cost t moderate, low- and very low-income persons and families; and 5) Code Section 33334.1 requiring that the Agency have no sanctions placed upon it with regards to failure to expend encumber or disburse any excess surplus oflow- and moderate-income housing funds; and 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 2 1 2 3 4 5 6 WHEREAS, SB 1096 further provides that such Ordinance may be adopted withou compliance with the normal procedures for redevelopment plan amendments (see Code Sectio 33333.6(e)(3)(A)); 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, accordance with Code Section 33333.6, as amended by SB 1096; and WHEREAS, the enactment of this Ordinance is exempt for the California Environmen Quality Act codified under California Public Resources Code Section 21000 et seq. (hereinafte referred to as "CEQA") pursuant to CEQA Guidelines Section I 5378(b)(4) because it is a fisc activity which does not involve any commitment to any specific project which may result in potentially significant physical impact on the environment. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDIN DO ORDAIN, AS FOLLOWS: Section 1. The City Council finds and determines, with respect to the Project Area, tha the Agency is in compliance with the requirements of California Health and Safety Code Sectio 33333.6(e)(2)(D)(ii)(II) and the Redevelopment Plan may therefore be extended for two (2 years pursuant to said Section. Section 2. The current time limit on the effectiveness of the Northwes Redevelopment Plan is hereby extended by two (2) years from the existing time limit of July 6 2023 to July 6, 2025, and the Agency is hereby authorized to act with respect to th Redevelopment Plan at any time during which the Redevelopment Plan is effective. Section 3. The current time limit on paying indebtedness or receiving property taxe pursuant to the Northwest Redevelopment Plan and the CRL is hereby extended by two (2) year from the existing time limit of July 6, 2033 to July 6, 2035, and the Agency is hereby authorize to act with respect thereto during such extended period. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 1 2 3 4 5 6 Section 4. Except with respect to the amendments set forth herein, the Northwes Redevelopment Plan, as amended, is and shall remain unchanged and in full force and effect i accordance with its terms. Section 5. The City Clerk is hereby authorized to file a Notice of Exemption with th County of San Bernardino pursuant to the CEQA Guidelines, Section 15094. Section 6. This Ordinance shall go into effect and be in full force and operation from an after thirty (30) days after its final passage 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 7. Following adoption, the City Clerk shall cause this Ordinance to be publishe in conformity with Government Code Section 36933. Section 8. 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 9. Constitutionality. If any section, subsection, sentence, clause, or phrase 0 this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any co of competent jurisdiction, such decision shall not affect the validity of the remaining portions 0 this Ordinance. The City Council hereby declares that it would have passed this Ordinance an each and every section, subsection, sentence, clause, or phrase not declared invalid 0 unconstitutional without regard to whether any portion of this Ordinance would be subsequentl declared invalid or unconstitutional. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 /II 25 1/1 26 /II 27 /II 28 4 P\AgendasIResolutionslResolutions\2009\04..06..09 Ordinance E -:f\.'W Red Plan ExtellSionldoc 1 ORDINANCE OF THE CITY OF SAN BERNARDINO EXTENDING THE TIME LIMIT OF THE EFFECTIVENESS OF THE NORTHWEST REDEVELOPMENT PLAN; EXTENDING THE TIME LIMIT FOR PAYMENT OF INDEBTEDNESS AND RECEIPT OF PROPERTY TAXES UNDER THE REDEVELOPMENT PLAN FOR THE NORTHWEST REDEVELOPMENT PROJECT AREA; AND MAKING OTHER FINDINGS IN CONNECTION THEREWITH (NORTHWEST REDEVELOPMENT PROJECT AREA) 2 3 4 5 6 7 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and 8 Common Council of the City of San Bernardino at a regular meeting thereof, held on the 9 , 2009, by the following vote, to wit. day of 10 Council Members: Navs Abstain Absent Aves 11 12 ESTRADA BAXTER BRINKER SHORETT KELLEY JOHNSON MC CAMMACK 13 14 15 16 17 18 19 20 Rachel G. Clark, City Clerk 21 22 The foregoing Ordinance is hereby approved this day of ,2009. 23 24 25 Patrick J. Morris, Mayor City of San Bernardino 26 Approved as to Form: 27 28 5 [).\ A_A_~""\D__lh"__''''_Mln''__'\~''''''''U "" I\t'l ^-.l:__M_ r "'"11 ".-. Dl.~ 1:...._.:__, .l__ 1 ORDINANCE NO. 2 3 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 (TRI CITY REDEVELOPMENT PROJECT AREA) 4 5 6 7 8 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") i 9 a community redevelopment agency duly created, established and authorized to transact busines '10 11 and exercise its powers, all under and pursuant to the California Community Redevelopmen 12 Law (the "CRL") codified under Division 24, Part I of the California Health and Safety Cod 13 commencing at Section 33000; and 14 WHEREAS, the Agency is engaged in activities necessary and appropriate to carry ou 15 the Redevelopment Plan (the "Redevelopment Plan") for the Tri City Redevelopment Projec 16 17 Area (the "Project Area"), which was adopted by the Agency's legislative body, the S 18 Bernardino City Council (the "City Council"), by Ordinance No. MC-283 on June 20,1983; and 19 WHEREAS, pursuant to California Health and Safety Code (the "Code") Sectio 20 33333.6, a time limit on the effectiveness of the Redevelopment Plan and a time limit on th 21 period for payment of the indebtedness and receipt of property taxes under the Redevelopmen 22 23 Plan have been established; and 24 WHEREAS, Senate Bill 1096, approved on August 5, 2004 and chaptered on August 5 25 2004 (the "SB 1096"), amended Code Section 33333.6 to provide that the legislative body ofth 26 Agency may enact an Ordinance to extend the time limit on the effectiveness of 27 28 Redevelopment Plan adopted prior to January I, 1994, and the time limit for payment 0 indebtedness and the receipt of property taxes under the same when the Agency, under such 1 P\Agendas\Resolutions\Resolutions\2009\04-06-09 Ordinance F. Te Red. Plan Extensionl.doc r-6-o~ fJ;2~F 1 plan, is required to make a payment to the Educational Revenue Augmentation Fund pursuant t 2 Code Section 33681.12; and 3 WHEREAS, SB 1096 provides that the time limit on the effectiveness of th 4 5 Redevelopment Plan, the time limit for payment of indebtedness and the receipt of property taxe 6 may be extended by one (I) year for each year of the ERAF payment for Fiscal Years 2004-2005 7 and 2005-2006 (see Code Section 33333.6(e)(2)(D)); and 8 WHEREAS, for those project areas that have a time limit for the effectiveness of thei 9 10 redevelopment plans of more than ten (lO) years and less than twenty (20) years from the las 11 day of the fiscal year in which the ERAF payment was made, the City Council is required t 13 33333.6(e)(2)(D)(ii)(Il); and 12 make findings that the Agency is in compliance with various items identified in Code Sectio 14 WHEREAS, the Agency IS m compliance with the requirements of Code Sectio 15 33333.6(e)(2)(D)(ii)(Il) based on the evidence and fmdings presented at the public hearing wi 16 17 regards to the following enumerated obligations to thus allow the Agency to obtain the benefit of said Code Section and to extend the term of the Redevelopment Plan as provided in thi Ordinance: I) Code Section 33334.2 requiring the Agency to use not less than twenty percen (20%) of all taxes allocated to the Agency for the purpose of increasing, improving an 18 19 20 21 preserving the community's supply oflow- and moderate-income housing available at affordabl 22 housing cost; 2) Code Section 33490 requiring the Agency to currently have in place an adopte Implementation Plan; 3) Code Section 33413(a) whereby the Agency is required to replace low and moderate-income housing that has been removed from the housing market as a result 0 23 24 25 being destroyed or removed as part of a redevelopment project; 4) Code Section 33413(b requiring the Agency to ensure that a certain percentage of all new and substantially rehabilitate dwelling units developed by the Agency shall be made available at affordable housing cost t moderate, low- and very low-income persons and families; and 5) Code Section 33334.1 26 27 28 2 P:\AgenduIResolutionslR.esolutionsIlOO9\04-06-09 Ordinan~ F . Te Red Plan Extensionl ,doc 1 requiring that the Agency have no sanctions placed upon it with regards to failure to expend encumber or disburse any excess surplus of low- and moderate-income housing funds; and 2 3 WHEREAS, SB 1096 further provides that such Ordinance may be adopted withou 4 compliance with the normal procedures for redevelopment plan amendments (see Code Sectio 5 6 33333.6(e)(3)(A)); and 7 WHEREAS, the City Council desires to adopt this Ordinance to amend and exten 8 certain time limitations of the Redevelopment Plan, as more particularly set forth below, i 9 accordance with Code Section 33333.6, as amended by SB 1096; and 10 WHEREAS, the enactment of this Ordinance is exempt for the California Environmenta 11 12 Quality Act codified under California Public Resources Code Section 21000 et seq. (hereinafte 13 referred to as "CEQA") pursuant to the CEQA Guidelines, Section 15378(b)(4) because it is 14 fiscal activity which does not involve any commitment to any specific project which may resul 15 in a potentially significant physical impact on the environment. 16 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDIN 17 18 DO ORDAIN, AS FOLLOWS: 19 Section 1. The City Council finds and determines, with respect to the Project Area, tha 20 the Agency is in compliance with the requirements of California Health and Safety Code Sectio 21 33333.6(e)(2)(D)(ii)(II) and the Redevelopment Plan may therefore be extended for two (2 22 23 years pursuant to said Section. 24 Section 2. The current time limit on the effectiveness of the Tri City Redevelopmen 25 Plan is hereby extended by two (2) years from the existing time limit of June 20, 2024 to Jun 26 20, 2026, and the Agency is hereby authorized to act with respect to the Redevelopment Plan a 27 any time during which the Redevelopment Plan is effective. 28 3 P:\AgendasIResolutions\Resollllionsl2009\04-06-09 Ordinance F - TC Red Plan EJCtensionldoc 1 Section 3. The current time limit on paying indebtedness or receiving property taxe 2 pursuant to the Tri City Redevelopment Plan and the CRL is hereby extended by two (2) year 3 from the existing time limit of June 20, 2034 to June 20, 2036, and the Agency is hereb 4 5 authorized to act with respect thereto during such extended period. 6 Section 4. Except with respect to the amendments set forth herein, the Tri Ci 7 Redevelopment Plan, as amended, is and shall remain unchanged and in full force and effect i 8 accordance with its terms. 9 10 Section 5. The City Clerk is hereby authorized to file a Notice of Exemption with th 11 County of San Bernardino pursuant to the CEQA Guidelines, Section 15094. 12 Section 6. This Ordinance shall go into effect and be in full force and operation from an 13 after thirty (30) days after its final passage and adoption. The City Clerk shall certify to th 14 passage and adoption of this Ordinance and shall cause this Ordinance to be published as se 15 16 forth below. 17 Section 7. Following adoption, the City Clerk shall cause this Ordinance to be publishe 18 in conformity with Government Code Section 36933. 19 Section 8. Inconsistent Provisions. Any provision of the City of San Bernardin 20 21 Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to th 22 extent of such inconsistencies and no further, is hereby repealed or modified to the exten 23 necessary to effect the provisions of this Ordinance. 24 Section 9. Constitutionality. If any section, subsection, sentence, clause, or phrase 0 25 this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any co 26 27 of competent jurisdiction, such decision shall not affect the validity of the remaining portions 0 28 this Ordinance. The City Council hereby declares that it would have passed this Ordinance an 4 P:\Agendas\ResolutionslResolulions\2009I04-06..()9 Ordinance F . Te Red. Plan Enensionl.doc 1 each and every section, subsection, sentence, clause, or phrase not declared invalid 0 2 unconstitutional without regard to whether any portion of this Ordinance would be subsequent! 3 declared invalid or unconstitutional. 4 5 1/1 6 1/1 7 1/1 8 /II 9 /II 10 /II 11 /II 12 /II 13 1/1 14 /II 15 /II 16 /II 17 /II 18 1/1 19 /II 20 /II 21 /II 22 23 1/1 24 /II 25 /II 26 /II 27 /II 28 /II 5 P:\Agendas\ResoJutions\Resolutionsl2009\04..06.09 Ordinance F - TC Red_ Plan ExtensionldlK 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 (TRI CITY REDEVELOPMENT PROJECT AREA) 1 2 3 4 5 6 7 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and 8 9 Common Council of the City of San Bernardino at a regular meeting thereof, held on the day of ,2009, by the following vote, to wit. 10 11 Council Members: Navs Aves 12 ESTRADA BAXTER BRINKER SHORETT KELLEY JOHNSON MC CAMMACK 13 14 15 16 17 18 19 20 21 22 The foregoing Ordinance is hereby approved this 23 24 25 26 Approved as to Form: 27 28 es F. Penman, City Attorney 6 P:\Agendas\Resolutions\Re50futiol15\2009\04-06-09 Ordinance F - TC Red. Plan futemionl ,doc Abstain Absent Rachel G. Clark, City Clerk day of ,2009. Patrick J. Morris, Mayor City of San Bernardino 1 ORDINANCE NO. 2 3 ORDINANCE OF THE CITY OF SAN BERNARDINO EXTENDING THE TIME LIMIT OF THE EFFECTIVENESS OF THE SOUTH VALLE REDEVELOPMENT PLAN; EXTENDING THE TIME LIMIT FOR PAYMENT OF INDEBTEDNESS AND RECEIPT OF PROPERTY TAXES UNDER THE REDEVELOPMENT PLAN FOR THE SOUTH VALLE REDEVELOPMENT PROJECT AREA; AND MAKING OTHER FINDINGS IN CONNECTION THEREWITH (SOUTH VALLE REDEVELOPMENT PROJECT AREA) 4 5 6 7 8 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") i 9 a community redevelopment agency duly created, established and authorized to transact busines and exercise its powers, all under and pursuant to the California Community Redevelopmen 10 11 Law (the "CRL") codified under Division 24, Part I of the California Health and Safety Cod commencing at Section 33000; and 12 13 WHEREAS, the Agency is engaged in activities necessary and appropriate to carry ou 14 15 the Redevelopment Plan (the "Redevelopment Plan") for the South Valle Redevelopment Projec Area (the "Project Area"), which was adopted by the Agency's legislative body, the S Bernardino City Council (the "City Council"), by Ordinance No. MC-387 on July 9, 1984; and WHEREAS, pursuant to California Health and Safety Code (the "Code") Seclio 33333.6, a time limit on the effectiveness of the Redevelopment Plan and a time limit on th period for payment of the indebtedness and receipt of property taxes under the Redevelopmen Plan have been established; and 16 17 18 19 20 21 22 WHEREAS, Senate Bill 1096, approved on August 5, 2004 and chaptered on August 5 2004 ("SB 1096"), amended Code Section 33333.6 to provide that the legislative body of th 23 24 Agency may enact an Ordinance to extend the time limit on the effectiveness of 25 Redevelopment Plan adopted prior to January 1, 1994, and the time limit for payment 0 indebtedness and the receipt of property taxes under the same when the Agency, under such plan, is required to make a payment to the Educational Revenue Augmentation Fund (th "ERAF") pursuant to Code Section 33681.12; and 26 27 28 1 P:\Agendas\Resolutions\Resolutionsl2009\04-06-09 Ordinance G - SV Red. Plan ExtensionLdoc ft-h -O~ If ;) 0, (J. 1 WHEREAS, SB 1096 provides that the time limit on the effectiveness of th Redevelopment Plan, the time limit for payment of indebtedness and the receipt of property taxe 2 3 may be extended by one (1) year for each year of the ERAF payment for Fiscal Years 2004-2005 and 2005-2006 (see Code Section 33333.6(e)(2)(D)); and 4 5 WHEREAS, for those project areas that have a time limit for the effectiveness of thei redevelopment plans of more than ten (10) years and less than twenty (20) years from the las day of the fiscal year in which the ERAF payment was made, the City Council is required t make findings that the Agency is in compliance with various items identified in Code Sectio 6 7 8 9 10 33333.6(e)(2)(D)(ii)(II); and 11 WHEREAS, the Agency IS m compliance with the requirements of Code Sectio 12 33333.6(e)(2)(D)(ii)(II) based on the evidence and fmdings presented at the public hearing wi 13 regards to the following enumerated obligations to thus allow the Agency to obtain the benefit of said Code Section and to extend the term of the Redevelopment Plan as provided in thi Ordinance: 1) Code Section 33334.2 requiring the Agency to use not less than twenty percen (20%) of all taxes allocated to the Agency for the purpose of increasing, improving an preserving the community's supply of low- and moderate-income housing available at affordabl housing cost; 2) Code Section 33490 requiring the Agency to currently have in place an adopte Implementation Plan; 3) Code Section 33413(a) whereby the Agency is required to replace low 14 15 16 17 18 19 20 and moderate-income housing that has been removed from the housing market as a result 0 21 being destroyed or removed as part of a redevelopment project; 4) Code Section 33413(b requiring the Agency to ensure that a certain percentage of all new and substantially rehabilitate dwelling units developed by the Agency shall be made available at affordable housing cost t moderate, low- and very low-income persons and families; and 5) Code Section 33334.1 requiring that the Agency have no sanctions placed upon it with regards to failure to expend encumber or disburse any excess surplus of low- and moderate-income housing funds; and 22 23 24 25 26 27 28 2 P:\Agendas\Resolutions\Resolutions\2009\04-06-09 Ordinance G - SV Red. Plan ExtensionLdoc 1 WHEREAS, SB 1096 further provides that such Ordinance may be adopted withou 2 compliance with the normal procedures for redevelopment plan amendments (see Code Sectio 3 33333.6(e)(3)(A)); and 4 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, . 5 6 accordance with Code Section 33333.6, as amended by SB 1096; and 7 WHEREAS, the enactment of this Ordinance is exempt for the California Environment 8 9 Quality Act codified under California Public Resources Code Section 21000 et seq. (hereinafte referred to as "CEQA") pursuant to the CEQA Guidelines, Section 15378(b)(4) because it is 10 11 fiscal activity which does not involve any commitment to any specific project which may resul in a potentially significant physical impact on the environment. 12 13 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDIN DO ORDAIN, AS FOLLOWS: 14 15 Section 1. The City Council finds and determines, with respect to the Project Area, tha the Agency is in compliance with the requirements of California Health and Safety Code Sectio 16 17 33333.6(e)(2)(D)(ii)(II) and the Redevelopment Plan may therefore be extended for one (I) ye 18 pursuant to said Section. 19 The current time limit on the effectiveness of the South Vall Section 2. 20 Redevelopment Plan is hereby extended by one (I) year from the existing time limit of July 9 2025 to July 9, 2026, and the Agency is hereby authorized to act with respect Redevelopment Plan at any time during which the Redevelopment Plan is effective. Section 3. The current time limit on paying indebtedness or receiving property taxe pursuant to the South Valle Redevelopment Plan and the CRL is hereby extended by one (I) ye from the existing time limit of July 9,2035 to July 9, 2036, and the Agency is hereby authorize 21 22 23 24 25 26 to act with respect thereto during such extended period. 27 28 3 P\Agendil.s\Rcsolutions\Resolutions\2009\04-06-09 Ordinance G - SV Red. Plan Extensionl.doc 1 Section 4. Except with respect to the amendments set forth herein, the South Vall Redevelopment Plan, as amended, is and shall remain unchanged and in full force and effect' 2 3 accordance with its terms. 4 Section 5. The City Clerk is hereby authorized to file a Notice of Exemption with th County of San Bernardino pursuant to the CEQA Guidelines, Section 15094. Section 6. This Ordinance shall go into effect and be in full force and operation from an after thirty (30) days after its final passage 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 5 6 7 8 9 forth below. 10 11 Section 7. Following adoption, the City Clerk shall cause this Ordinance to be publishe in conformity with Government Code Section 36933. 12 13 Section 8. 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. 14 15 16 17 Section 9. Constitutionality. If any section, subsection, sentence, clause, or phrase 0 18 this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any co of competent jurisdiction, such decision shall not affect the validity of the remaining portions 0 this Ordinance. The City Council hereby declares that it would have passed this Ordinance an each and every section, subsection, sentence, clause, or phrase not declared invalid 0 19 20 21 22 unconstitutional without regard to whether any portion of this Ordinance would be subsequentl declared invalid or unconstitutional. 23 24 1/1 /II 1/1 /II /II 25 26 27 28 4 P:\Agcnda.sIRcsolutionslRcsolutions\2009\04-06-09 Ordinance G. SV Red Plan Extcnsionldoo:: 1 ORDINANCE OF THE CITY OF SAN BERNARDINO EXTENDING THE TIME LIMIT OF THE EFFECTIVENESS OF THE SOUTH VALLE REDEVELOPMENT PLAN; EXTENDING THE TIME LIMIT FOR PAYMENT OF INDEBTEDNESS AND RECEIPT OF PROPERTY TAXES UNDER THE REDEVELOPMENT PLAN FOR THE SOUTH VALLE REDEVELOPMENT PROJECT AREA; AND MAKING OTHER FINDINGS IN CONNECTION THEREWITH (SOUTH VALLE REDEVELOPMENT PROJECT AREA) 2 3 4 5 6 7 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and 8 Common Council of the City of San Bernardino at a regular meeting thereof, held on the 9 ,2009, by the following vote, to wit. day of 10 Council Members: Navs Abstain Absent Aves 11 12 ESTRADA BAXTER BRINKER SHORETT KELLEY JOHNSON MC CAMMACK 13 14 15 16 17 18 19 20 Rachel G. Clark, City Clerk 21 22 The foregoing Ordinance is hereby approved this 23 day of ,2009. 24 25 Patrick J. Morris, Mayor City of San Bernardino 26 Approved as to Form: 27 28 By: es F. Penman, City Attorney 5 P\Agendas\Re$olutions\Rcsolulions\2009\Q4..Q6-09 Ordinance G - SV Red. Plan Extension! .doc 1 ORDINANCE NO. 2 3 ORDINANCE OF THE CITY OF SAN BERNARDINO EXTENDING THE TIME LIMIT OF THE EFFECTIVENESS OF THE MEADOWBROOK/CENTRAL CITY REDEVELOPMENT PLAN; EXTENDING THE TIME LIMIT FOR PAYMENT OF INDEBTEDNESS AND RECEIPT OF PROPERTY TAXES UNDER THE REDEVELOPMENT PLAN FOR THE MEADOWBROOK/CENTRAL CITY REDEVELOPMENT PROJECT AREA; AND MAKING OTHER FINDINGS IN CONNECTION THEREWITH (MEADOWBROOK/CENTRAL CITY REDEVELOPMENT PROJECT AREA) 4 5 6 7 8 9 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") i 10 a 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 Law (the "CRL") codified under Division 24, Part I of the California Health and Safety Cod 13 14 commencing at Section 33000; and 15 WHEREAS, the Agency is engaged in activities necessary and appropriate to carry ou 16 the Redevelopment Plan (the "Redevelopment Plan") for the Meadowbrook/Central Ci 17 Redevelopment Project Area (the "Project Area"), which was adopted by Ordinance No. 2233 0 18 July 21, 1958 and by Ordinance No. 2649 on February 23, 1965, and merged by the Agency' 19 20 legislative body, the San Bernardino City Council (the "City Council"), by Ordinance No. 3683 21 on November 7,1977; and 22 WHEREAS, on December 19, 1994, the City Council adopted Ordinance No. MC-91 23 and Ordinance MC-917 to comply with the requirements of California Health and Safety Cod 24 (the "Code") Section 33333.6, as amended by Assembly Bill 1290 ("AB 1290") of the Californi 25 26 Legislature which required that all redevelopments plans adopted prior to December 31, 1993 27 contain certain limitations, including, but not limited to, the last date for the effectiveness of suc 28 redevelopment plans; and 1 1(- 6 -09 R;;Z~~ P:\Agendas\Resolutions\Resolutionsl2009\04-06-09 OtdilllUlce H - Mec Red_ Plan Extefision(2)_doc 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 WHEREAS, Section I of said Ordinance No. MC-916 and Section I of said Ordinanc No. MC-917 established an effective date for each Redevelopment Plan for Meadowbrook an the Redevelopment Plan for Central City (original Redevelopment Plan prior to mergers) unti January 1,2009, as said date was required to be inserted and as specifically set forth pursuant t the provisions of Code Section 33333.6(a); and WHEREAS, the City of San Bernardino ("City") requested and obtained specla legislation which amended the CRL as is currently located at Chapter 4, Article designated as Code Section 33470 through 33476.5, inclusive; and WHEREAS, pursuant to Code Section 33476 of the California Legislature by legislativ action, and without any further actions to be taken by the City Council, merged th redevelopment project areas contained within Meadowbrook/Central City (as previously merge by the official actions of the City Council pursuant to Code Section 33470, et~, Central Ci East and Central City South into one contiguous redevelopment project area to be known an identified pursuant to State Statute as "Central City"; and WHEREAS, Code Section 33476 further provided that each constituent redevelopmen project area of Central City shall continue under its own Redevelopment Plan for the longes term of the three (3) Redevelopment Plans as thus merged, pursuant to said Code Section 33746 with it being noted that the previously merged Meadowbrook/Central City were at the time 0 adoption of Code Section 33476 designated and referred to as a single redevelopment projec area; and WHEREAS, notwithstanding the technical necessity for the prior insertion of the date 0 "January 1, 2009", into the respective Redevelopment Plans for the Meadowbrook/Central Ci Redevelopment Project Area as implemented by said Ordinance No. MC-9l6 and Ordinance No 27 28 2 P:\Agendas\Resolutions\Resolulionsl2009\04-06-09 Ordinance H - MCC Red. Plan Elllension(2l.ooc 1 2 3 4 MC-917, the Meadowbrook/Central City, and thus the applicable Redevelopment Plans for th entire merged Central City currently have a termination date of May 3, 2017, prior to th adoption ofthis Ordinance and other similar Ordinances for each applicable Redevelopment PI for which an extension of the effective date is being undertaken pursuant to the authorizations contained in Senate Bill 1096; and WHEREAS, pursuant to Code Section 33333.6, a time limit on the effectiveness of th Redevelopment Plan and a time limit on the period for payment of the indebtedness and receip of property taxes under the Redevelopment Plan have been established; and WHEREAS, Senate Bill 1096, approved on August 5, 2004 and chaptered on August 5 2004 (the "SB 1096"), amended Code Section 33333.6 to provide that the legislative body ofth Agency may enact an Ordinance to extend the time limit on the effectiveness of Redevelopment Plan adopted prior to January I, 1994, and the time limit for payment 0 indebtedness and the receipt of property taxes under the same when the Agency, under such plan, is required to make a payment to the Educational Revenue Augmentation Fund ("ERAF") pursuant to Code Section 33681.12; and WHEREAS, SB 1096 provides that the time limit on the effectiveness of th Redevelopment Plan, the time limit for payment of indebtedness and the receipt of property taxe may be extended by one (I) year for each year of ERAF payment for Fiscal Years 2004-200 and 2005-2006 (see Code Section 33333.6(e)(2)(D)); and WHEREAS, for those project areas that have a time limit for the effectiveness of thei redevelopment plans of more than ten (10) years and less than twenty (20) years from the las day of the fiscal year in which the ERAF payment was made, the City Council is required t 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 P:\AgendasIResolutionslResolutions\2009\04-06-09 Ordinancc H. MCC Red. Plan Extension(2) doc 1 make findings that the Agency is in compliance with various items identified in Code Sectio 2 33333.6(e)(2)(D)(ii)(II); and 3 WHEREAS, the Agency IS in compliance with the requirements of Code Sectio 33333.6(e)(2)(D)(ii)(II) based on the evidence and findings presented at the public hearing wi regards to the following enumerated obligations to thus allow the Agency to obtain the benefit of said Code Section and to extend the term of the Redevelopment Plan as provided in thi Ordinance: I) Code Section 33334.2 requiring the Agency to use not less than twenty percen (20%) of all taxes allocated to the Agency for the purpose of increasing, improving an preserving the community's supply of low- and moderate-income housing available at affordabl housing cost; 2) Code Section 33490 requiring the Agency to currently have in place an adopte Implementation Plan; 3) Code Section 33413(a) whereby the Agency is required to replace low and moderate-income housing that has been removed from the housing market as a result 0 being destroyed or removed as part of a redevelopment project; 4) Code Section 33413(b requiring the Agency to ensure that a certain percentage of all new and substantially rehabilitate dwelling units developed by the Agency shall be made available at affordable housing cost t moderate, low- and very low-income persons and families; and 5) Code Section 33334.1 requiring that the Agency have no sanctions placed upon it with regards to failure to expend encumber or disburse any excess surplus of low- and moderate-income housing funds; and WHEREAS, SB 1096 further provides that such Ordinance may be adopted withou 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 compliance with the normal procedures for redevelopment plan amendments (see Code Sectio 23 33333.6(e)(3)(A); and 24 WHEREAS, the City Council desires to adopt this Ordinance to amend and exten 25 certain time limitations of the Redevelopment Plan, as more particularly set forth below, . 26 accordance with Code Section 33333.6, as amended by SB 1096; and 27 28 WHEREAS, the enactment of this Ordinance is exempt for the California Environment Quality Act codified under California Public Resources Code Section 21000 et sea. (hereinafte 4 P:\Agl'ndas\Jlc~lutions\Rcsolutions\2009\04-Q6.09 OrdilWlcc H - MCC Red PlllJl Extcnsion(2) doc 1 2 referred to as "CEQA") pursuant to the CEQA Guidelines, Section 15378(b)(4) because it is fiscal activity which does not involve any commitment to any specific project which may resul in a potentially significant physical impact on the environment. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDIN DO ORDAIN, AS FOLLOWS: Section 1. The City Council finds and determines that the Recitals as set forth above to the facts and circumstances with regard to the prior amendments by this City Council of th Meadowbrook/Central City Redevelopment Plan and the prior compliance with the requiremen of AB 1290 are true and correct in all respects. The City Council further finds and determine that the termination date for the effectiveness of the Meadowbrook/Central City Redevelopmen Plan was May 3, 2017, as provided in Health and Safety Code Section 33476 the speci provisions of which as contained in Chapter 4, Article XIV, of the CRL pertain solely to th . City. The City Council further finds, with respect to the Project Area, that the Agency is i compliance with the requirements of California Health and Safety Code Sectio 33333.6(e)(2)(D)(ii)(II) and the Redevelopment Plan may therefore be extended for two (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 years pursuant to said Section. The current time limit on the effectiveness of the Meadowbrook/Centr Section 2. City Redevelopment Plan is hereby extended by two (2) years from the existing time limit 0 May 3, 2017 to May 3, 2019, and the Agency is hereby authorized to act with respect to th Redevelopment Plan at any time during which the Redevelopment Plan is effective. Section 3. The current time limit on paying indebtedness or receiving property taxe pursuant to the Meadowbrook/Central City Redevelopment Plan and the CRL is hereby extende 5 P:\Agcndas\Rcsolutions\Resolutions\2009\04-06-09 Ordilliltlcc H - Mec Red_ Plan Extcnsion(:z)doc 1 2 by two (2) years from the existing time limit of May 3, 2027 to May 3, 2029, and the Agency i hereby authorized to act with respect thereto during such extended period. Section 4. Except with respect to the amendments set Meadowbrook/Central City Redevelopment Plan, as amended, is and shall remain unchange and in full force and effect in accordance with its terms. Section 5. 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 6. This Ordinance shall go into effect and be in full force and operation from an after thirty (30) days after its final passage 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 7. Following adoption, the City Clerk shall cause this Ordinance to be publishe in conformity with Government Code Section 36933. Section 8. Inconsistent Provisions. Any provision of the City Municipal Code 0 appendices thereto inconsistent with the provisions of this Ordinance, to the extent of suc inconsistencies and no further, is hereby repealed or modified to the extent necessary to effec the provisions of this Ordinance. Section 9. Constitutionality. If any section, subsection, sentence, clause, or phrase 0 this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any co of competent jurisdiction, such decision shall not affect the validity of the remaining portions 0 this Ordinance. The City Council hereby declares that it would have passed this Ordinance an each and every section, subsection, sentence, clause, or phrase not declared invalid 0 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 6 P:\Agendas\Resolutions\Resolutions\2009\04-06-09 Ordinance H. MCC Red_ Plan Extension(2)doc 1 unconstitutional without regard to whether any portion of this Ordinance would be subsequent! 2 declared invalid or unconstitutional. 3 /1/ 4 5 /1/ 6 /1/ 7 /1/ 8 /1/ 9 //1 10 11 /1/ 12 /1/ 13 /1/ 14 /1/ 15 /1/ 16 17 /1/ 18 /1/ 19 /1/ 20 /1/ 21 22 /1/ 23 /1/ 24 /1/ 25 /1/ 26 /1/ 27 28 //1 7 P:\Agendas\Resolutions\Resolutions\2009\04-06-09 Ordinance H - MCC Red Plan Extension(2)doc 10 1 ORDINANCE OF THE CITY OF SAN BERNARDINO EXTENDING THE TIME LIMIT OF THE EFFECTIVENESS OF THE MEADOWBROOK/CENTRAL CITY REDEVELOPMENT PLAN; EXTENDING THE TIME LIMIT FOR PAYMENT OF INDEBTEDNESS AND RECEIPT OF PROPERTY TAXES UNDER THE REDEVELOPMENT PLAN FOR THE MEADOWBROOK/CENTRAL CITY REDEVELOPMENT PROJECT AREA; AND MAKING OTHER FINDINGS IN CONNECTION THEREWITH (MEADOWBROOK/CENTRAL CITY REDEVELOPMENT PROJECT AREA) 2 3 4 5 6 7 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and 8 Common Council of the City of San Bernardino at a regular meeting thereof, held on the 9 day of ,2009, by the following vote, to wit. 11 Council Members: Aves Navs Abstain Absent 12 ESTRADA BAXTER BRINKER SHORETT KELLEY JOHNSON MC CAMMACK 13 14 15 16 17 18 19 20 Rachel G. Clark, City Clerk 21 22 ,2009. day of The foregoing Ordinance is hereby approved this 23 24 25 Patrick J. Morris, Mayor City of San Bernardino 26 Approved as to Form: 27 28 8 PlAgendas\Resolutions\Resolutionsl2009\04-06-09 Ordinance H . MCC Red Plan Extension(2)_doc 1 ORDINANCE NO. 2 3 ORDINANCE OF THE CITY OF SAN BERNARDINO EXTENDING THE TIME LIMIT OF THE EFFECTIVENESS OF THE CENTRAL CITY SOUTH REDEVELOPMENT PLAN; EXTENDING THE TIME LIMIT FOR PAYMENT OF INDEBTEDNESS AND RECEIPT OF PROPERTY TAXES UNDER THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY SOUTH REDEVELOPMENT PROJECT AREA; AND MAKING OTHER FINDINGS IN CONNECTION THEREWITH (CENTRAL CITY SOUTH REDEVELOPMENT PROJECT AREA) 4 5 6 7 8 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") i 9 a community redevelopment agency duly created, established and authorized to transact busines and exercise its powers, all under and pursuant to the California Community Redevelopmen 10 11 Law (the "CRL") codified under Division 24, Part 1 of the California Health and Safety Cod commencing at Section 33000; and 12 13 WHEREAS, the Agency is engaged in activities necessary and appropriate to carry ou 14 the Redevelopment Plan (the "Redevelopment Plan") for the Central City South Redevelopmen Project Area (the "Project Area"), which was adopted by the Agency's legislative body, the S Bernardino City Council (the "City Council"), by Ordinance No. 3572 on May 3,1976; and WHEREAS, pursuant to California Health and Safety Code (the "Code") Sectio 33333.6, a time limit on the effectiveness of the Redevelopment Plan and a time limit on th period for payment of the indebtedness and receipt of property taxes under the Redevelopmen Plan have been established; and 15 16 17 18 19 20 21 22 WHEREAS, Senate Bill 1096, approved on August 5, 2004 and chaptered on August 5 2004 (the "SB 1096"), amended Code Section 33333.6 to provide that the legislative body ofth 23 24 Agency may enact an Ordinance to extend the time limit on the effectiveness of 25 Redevelopment Plan adopted prior to January 1, 1994, and the time limit for payment 0 indebtedness and the receipt of property taxes under the same when the Agency, under such plan, is required to make a payment to the Educational Revenue Augmentation Fund (th "ERAF") pursuant to Code Section 33681.12; and 26 27 28 1 V-6-07 f1;J~ P:\Ascndu\Resolutiolls\RC50lulionsUOO9\04-06..09 Ordinance I - CCS Red. Plan EXlensionl.doc 1 2 3 WHEREAS, SB 1096 provides that the time limit on the effectiveness of th Redevelopment Plan, the time limit for payment of indebtedness and the receipt of property taxe may be extended by one (I) year for each year of the ERAF payment for Fiscal Years 2004-2005 and 2005-2006 (see Code Section 33333.6(e)(2)(D)); and WHEREAS, for those project areas that have a time limit for the effectiveness of thei redevelopment plans of more than ten (10) years and less than twenty (20) years from the las day of the fiscal year in which the ERAF payment was made, the City Council is required t make findings that the Agency is in compliance with various items identified in Code Sectio 33333.6(e)(2)(D)(ii)(Il); and WHEREAS, the Agency is in compliance with the requirements of Code Sectio 33333.6(e)(2)(D)(ii)(Il) based on the evidence and findings presented at the public hearing wi regards to the following enumerated obligations to thus allow the Agency to obtain the benefi of said Code Section and to extend the term of the Redevelopment Plan as provided in thi Ordinance: I) Code Section 33334.2 requiring the Agency to use not less than twenty percen (20%) of all taxes allocated to the Agency for the purpose of increasing, improving an preserving the community's supply oflow- and moderate-income housing available at affordabl housing cost; 2) Code Section 33490 requiring the Agency to currently have in place an adopte Implementation Plan; 3) Code Section 33413(a) whereby the Agency is required to replace low and moderate-income housing that has been removed from the housing market as a result 0 being destroyed or removed as part of a redevelopment project; 4) Code Section 33413(b requiring the Agency to ensure that a certain percentage of all new and substantially rehabilitate dwelling units developed by the Agency shall be made available at affordable housing cost t moderate, low- and very low-income persons and families; and 5) Code Section 33334.1 requiring that the Agency have no sanctions placed upon it with regards to failure to expend encumber or disburse any excess surplus of low- and moderate-income housing funds; and 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 2 P:\Ageildas\Re$OlutionslRc$Olutions\2009\04-06-09 Ordinance I - CCS Red Plan Extensionl.dot 1 2 3 4 5 6 WHEREAS, SB 1096 further provides that such Ordinance may be adopted withou compliance with the normal procedures for redevelopment plan amendments (see Code Sectio 33333.6(e)(3)(A)); 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, accordance with Code Section 33333.6, as amended by SB 1096; and WHEREAS, the enactment of this Ordinance is exempt for the California Environmen Quality Act codified under California Public Resources Code Section 21000 et seQ. (hereinafte referred to as "CEQA") pursuant to the CEQA Guidelines, Section 15378(b)(4) because it is fiscal activity which does not involve any commitment to any specific project which may resul in a potentially significant physical impact on the environment. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDIN DO ORDAIN, AS FOLLOWS: Section 1. The City Council finds and determines, with respect to the Project Area, tha the Agency is in compliance with the requirements of California Health and Safety Code Sectio 33333.6(e)(2)(D)(ii)(II) and the Redevelopment Plan may therefore be extended for two (2 years pursuant to said Section. Section 2. The current time limit on the effectiveness of the Central City Sou Redevelopment Plan is hereby extended by two (2) years from the existing time limit of May 3 2017 to May 3, 2019, and the Agency is hereby authorized to act with respect Redevelopment Plan at any time during which the Redevelopment Plan is effective. Section 3. The current time limit on paying indebtedness or receiving property taxe pursuant to the Central City South Redevelopment Plan and the CRL is hereby extended by tw (2) years from the existing time limit of May 3, 2027 to May 3, 2029, and the Agency is hereb authorized to act with respect thereto during such extended period. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 P.\AgendasIResolulionslResolutions\1009\04.06-09 Ordinance I - CCS Red Plan Extension I doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Section 4. Except with respect to the amendments set forth herein, the Central Ci South Redevelopment Plan, as amended, is and shall remain unchanged and in full force an effect in accordance with its terms. Section 5. The City Clerk is hereby authorized to file a Notice of Exemption with th County of San Bernardino pursuant to the CEQA Guidelines, Section 15094. Section 6. This Ordinance shall go into effect and be in full force and operation from an after thirty (30) days after its final passage 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 7. Following adoption, the City Clerk shall cause this Ordinance to be publishe in conformity with Government Code Section 36933. Section 8. 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 9. Constitutionality. If any section, subsection, sentence, clause, or phrase 0 . this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any co of competent jurisdiction, such decision shall not affect the validity of the remaining portions 0 this Ordinance. The City Council hereby declares that it would have passed this Ordinance an each and every section, subsection, sentence, clause, or phrase not declared invalid 0 unconstitutional without regard to whether any portion of this Ordinance would be subsequent! declared invalid or unconstitutional. 18 19 20 21 22 23 24 /1/ 25 /1/ 26 //1 27 /1/ 28 //1 4 P\Agendas\Resolution~\Resolutions\2009\04-06-09 Ordinance l- CCS Red Plan Extensionl.doc 1 ORDINANCE OF THE CITY OF SAN BERNARDINO EXTENDING THE TIME LIMIT OF THE EFFECTIVENESS OF THE CENTRAL CITY SOUTH REDEVELOPMENT PLAN; EXTENDING THE TIME LIMIT FOR PAYMENT OF INDEBTEDNESS AND RECEIPT OF PROPERTY TAXES UNDER THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY SOUTH REDEVELOPMENT PROJECT AREA; AND MAKING OTHER FINDINGS IN CONNECTION THEREWITH (CENTRAL CITY SOUTH REDEVELOPMENT PROJECT AREA) 2 3 4 5 6 7 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and 8 Common Council of the City of San Bernardino at a regular meeting thereof, held on the 9 day of , 2009, by the following vote, to wit. 10 Council Members: Navs Abstain Absent 11 Aves 12 ESTRADA BAXTER BRINKER SHORETT KELLEY JOHNSON MC CAMMACK 13 14 15 16 17 18 19 20 Rachel G. Clark, City Clerk 21 22 The foregoing Ordinance is hereby approved this day of ,2009. 23 24 25 Patrick J. Morris, Mayor City of San Bernardino 26 Approved as to Form: 27 5 28 P\Agendas\Resolutions\ResoJutions\2009\04-06-09 Ordinance I . CCS Red. Plan Extensionl.doc 1 ORDINANCE NO. 2 3 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 (CENTRAL CITY EAST REDEVELOPMENT PROJECT AREA) 4 5 6 7 8 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") 9 is a community redevelopment agency duly created, established and authorized to transact business and exercise its powers, all under and pursuant to the California Community Redevelopment Law (the "CRL") codified under Division 24, Part 1 of the California Health and Safety Code commencing at Section 33000; and 10 11 12 13 WHEREAS, the Agency is engaged in activities necessary and appropriate to carry out 14 15 the Redevelopment Plan (the "Redevelopment Plan") for the Central City East Redevelopment Project Area (the "Project Area"), which was adopted by the Agency's legislative body, the San Bernardino City Council (the "City Council"), by Ordinance No. 3571 on May 3, 1976; and WHEREAS, pursuant to California Health and Safety Code (the "Code ") Section 16 17 18 19 33333.6, a time limit on the effectiveness of the Redevelopment Plan and a time limit on the period for payment of the indebtedness and receipt of property taxes under the Redevelopment Plan have been established; and 20 21 22 WHEREAS, Senate Bill 1096, approved on August 5, 2004 and chaptered on August 5, 2005 (the "SB 1096"), amended Code Section 33333.6 to provide that the legislative body of 23 24 the Agency may enact an Ordinance to extend the time limit on the effectiveness of a Redevelopment Plan adopted prior to January I, 1994, and the time limit for payment of indebtedness and the receipt of property taxes under the same when the Agency, under such a plan, is required to make a payment to the Educational Revenue Augmentation Fund (the "ERAF") pursuant to Code Section 33681.12; and 25 26 27 28 1 r-6-LJ'} !?:J'73 P:\AgendasIResolutionslRcsolutionsl2009\04-06-09 Ordinance J - CCE Red Plan Extension] .doc . 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 WHEREAS, SB 1096 provides that the time limit on the effectiveness of th Redevelopment Plan, the time limit for payment of indebtedness and the receipt of property taxe may be extended by one (1) year for each year of the ERAF payment for Fiscal Years 2004-2005 and 2005-2006 (see Code Section 33333.6(e)(2)(D)); and WHEREAS, for those project areas that have a time limit for the effectiveness of the' redevelopment plans of more than ten (10) years and less than twenty (20) years from the las day of the fiscal year in which the ERAF payment was made, the City Council is required t make findings that the Agency is in compliance with various items identified in Code Sectio 33333.6(e)(2)(D)(ii)(II); and WHEREAS, the Agency IS In compliance with the requirements of Code Sectio 33333.6(e)(2)(D)(ii)(II) based on the evidence and findings presented at the public hearing wi regards to the following enumerated obligations to thus allow the Agency to obtain the benefit of said Code Section and to extend the term of the Redevelopment Plan as provided in !hi Ordinance: I) Code Section 33334.2 requiring the Agency to use not less than twenty percen (20%) of all taxes allocated to the Agency for the purpose of increasing, improving an preserving the community's supply oflow- and moderate-income housing available at affordabl housing cost; 2) Code Section 33490 requiring the Agency to currently have in place an adopte Implementation Plan; 3) Code Section 33413(a) whereby the Agency is required to replace low and moderate-income housing that has been removed from the housing market as a result 0 being destroyed or removed as part of a redevelopment project; 4) Code Section 33413(b requiring the Agency to ensure that a certain percentage of all new and substantially rehabilitate dwelling units developed by the Agency shall be made available at affordable housing cost t moderate, low- and very low-income persons and families; and 5) Code Section 33334.1 requiring that the Agency have no sanctions placed upon it with regards to failure to expend encumber or disburse any excess surplus of low- and moderate-income housing funds; and 2 P\Agendas\Resolutions\ResolutionsUOO9\04_06-09 Ordinance J - eCE Red Plan Extensionl.doc . 1 2 3 WHEREAS, SB 1096 further provides that such ordinance may be adopted without compliance with the normal procedures for redevelopment plan amendments (see Code Section 33333.6(e)(3)(A)); 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 Code Section 33333.6, as amended by SB 1096; 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 the CEQA Guidelines, Section I 5378(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. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN, AS FOLLOWS: Section 1. The City Council finds and determines, with respect to the Project Area, that the Agency is in compliance with the requirements of California Health and Safety Code Section 33333.6(e)(2)(D)(ii)(II) and the Redevelopment Plan may therefore be extended for two (2) years pursuant to said Section. Section 2. The current time limit on the effectiveness of the Central City East Redevelopment Plan is hereby extended by two (2) years from the existing time limit of May 3, 2017 to May 3, 2019, and the Agency is hereby authorized to act with respect to the Redevelopment Plan at any time during which the Redevelopment Plan is effective. Section 3. The current time limit on paying indebtedness or receiving property taxes pursuant to the Central City East Redevelopment Plan and the CRL is hereby extended by two (2) years from the existing time limit of May 3, 2027 to May 3, 2029, and the Agency is hereby authorized to act with respect thereto during such extended period. 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 3 P\Agendas\ResolutionslResolutionsl2009\04.Q6...09 Ordinance J - CCE Red Plan htension 1.doc . 1 2 Section 4. 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 S. The City Clerk is hereby authorized to file a Notice of Exemption with the County of San Bernardino pursuant to the CEQA Guidelines, Section 15094. Section 6. This Ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage 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 7. Following adoption, the City Clerk shall cause this Ordinance to be published in conformity with Government Code Section 36933. Section 8. 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 9. Constitutionality. If 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 invalid or unconstitutional without regard to whether any portion of this Ordinance would be subsequently declared invalid or unconstitutional. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1// 25 1// 26 1// 27 1// 28 /1/ 4 P:\Agendas\Resolutions\Resolutions\2009\04_06-09 Ordinance 1- eeE Red. Plan Elctensionl ,doc . 1 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 (CENTRAL CITY EAST REDEVELOPMENT PROJECT AREA) 2 3 4 5 6 7 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and 8 Common Council of the City of San Bernardino at a regular meeting thereof, held on the 9 day of , 2009, by the following vote, to wit. 10 Council Members: Abstain Aves Navs Absent 11 12 ESTRADA BAXTER BRINKER SHORETT KELLEY JOHNSON MC CAMMACK 13 14 15 16 17 18 19 20 Rachel G. Clark, City Clerk 21 22 The foregoing Ordinance is hereby approved this day of ,2009. 23 24 25 Patrick J. Morris, Mayor City of San Bernardino 26 Approved as to Form: 27 BY:~ 7-/~ /- ames F. Peninan, City Attorney 28 5 P:\Agendas\R.csolutions\RC50lutioos\2009\04-06-09 Ordinance J - CCE Red Plan ExeensionldO(: