2009 California Health and Safety Code - Section 33470-33476.5 :: Article 14. Merger Of Redevelopment Project Areas In The City Of San Bernardino

33470.  For the purpose of allocating taxes pursuant to Section
33670 and subject to the provisions of this article, redevelopment
project areas under the jurisdiction of the redevelopment agency of
the City of San Bernardino, for which redevelopment plans have been
adopted pursuant to Article 5 (commencing with Section 33360) of this
chapter, may be merged, irrespective of contiguity, by the amendment
of each affected redevelopment plan as provided in Article 12
(commencing with Section 33450) of this chapter. Upon merger, the
provisions of subdivisions (a) and (c) of Section 33413 shall apply
to the project areas merged pursuant to this article and the
redevelopment agency shall use all reasonable efforts and all
available subsidies to implement the provisions of subdivision (b) of
Section 33413. Each constituent project area so merged, including,
without limitation, those previously merged pursuant to this section,
shall continue under its own redevelopment plan, but, except as
otherwise provided in this article, taxes attributable to each
project area merged pursuant to this section which are allocated to
the redevelopment agency pursuant to Section 33670 shall be
allocated, as provided in subdivision (b) of such section, to the
entire merged project area for the purpose of paying the principal of
and interest on loans, moneys advanced to, or indebtedness (whether
funded, refunded, assumed, or otherwise) incurred by the
redevelopment agency to finance or refinance, in whole or in part,
such merged redevelopment project.

33471.  If the redevelopment agency has, prior to merger of
redevelopment project areas pursuant to Section 33470, incurred any
indebtedness on account of a constituent project area so merged,
taxes attributable to such area which are allocated to the agency
pursuant to subdivision (b) of Section 33670 shall be first used to
comply with the terms of any bond resolution or other agreement
pledging such taxes from such constituent project area until a
refunding has occurred which satisfies the terms of such resolution
or agreement.

33471.5.  After the refunding has occurred as provided in Section
33471, not less than 20 percent of all taxes which are allocated to
the redevelopment agency pursuant to subdivision (b) of Section 33670
for redevelopment projects merged pursuant to this article shall be
used by the agency for the purposes set forth in Section 33334.2,
provided that such taxes shall first be used for the payment of
principal, interest, and premium, if any, under the bond resolution
or resolutions providing for the issuance of the refunding bonds and
providing necessary reserves for such refunding bonds, but only to
the extent that such refunding is necessary to refinance existing
bonded obligations.

33472.  The redevelopment plan for a project area which is merged
pursuant to Section 33470 shall be amended in the same manner as
other redevelopment plans are amended. Notice of the public hearing
shall be mailed to the last known assessee of each parcel of land not
owned by the agency within the boundaries of the project area
described in the redevelopment plan being amended. Notice of the
public hearing need not be mailed to assessees of parcels of land
within the boundaries of other project areas combined into a merged
project area pursuant to Section 33470, except that notice of the
public hearing shall be given to the project area committee for each
project area which is part of the merged project area.

33473.  In the proceedings for the merger of a redevelopment
project, pursuant to this article, the legislative body may provide
for the extension of any termination date in the redevelopment plan
for any particular project area to such date as will enable a
refunding to be accomplished by the issuance of bonds for the merged
project area which will extend debt service for the purpose of
attempting to prevent default. The termination date may also be
extended for the purpose of financing projects under Section 33334.2
or 33471.5 or for any other purposes permitted by law.

33475.  This article is, unless otherwise provided, applicable only
to redevelopment projects of the redevelopment agency of the City of
San Bernardino for which a final redevelopment plan was adopted by
ordinance on or before January 1, 1978.
   The Legislature finds and declares that conditions unique to the
financing of redevelopment in the City of San Bernardino require the
granting of authority to merge project areas in the manner provided
in this article.

33476.  Notwithstanding any other provision of this article, except
Section 33471.5, for the purpose of allocating taxes pursuant to
Section 33670 that are subject to this article, redevelopment project
areas under the jurisdiction of the redevelopment agency of the City
of San Bernardino designated Meadowbrook/Central City, Central City
East, and Central City South, are hereby merged into one contiguous
project areas designated Central City. Each constituent project area
so merged shall continue under its own redevelopment plan for the
longest term of the three plans, but, except as otherwise provided in
this article, taxes attributable to each project area merged
pursuant to this section that are allocated to the redevelopment
agency pursuant to Section 33670 shall be allocated, as provided in
subdivision (b) of that section, to the entire merged project area
for the purpose of paying the principal of and interest on loans,
moneys advanced to, or indebtedness, whether funded, refunded,
assumed, or otherwise, incurred by the redevelopment agency to
finance or refinance, in whole or in part, the merged redevelopment
project.

33476.3.  If the redevelopment agency has, prior to merger of
redevelopment project areas pursuant to Section 33476, incurred any
indebtedness on account of a constituent project area so merged,
taxes attributable to such area which are allocated to the agency
pursuant to subdivision (b) of Section 33670 shall be first used to
comply with the terms of any bond resolution or other agreement
pledging such taxes from such constituent project area until a
refunding has occurred which satisfies the terms of such resolution
or agreement.

33476.5.  The Legislature finds and declares that the merger of the
project areas specified in Section 33476 in the City of San
Bernardino is necessary to prevent a default on the outstanding bonds
of the Meadowbrook/Central City Project due to the drastic reduction
in property taxes caused by the adoption of Article XIII A to the
Constitution. This project area is already substantially redeveloped,
making it unlikely that further redevelopment can be used to
increase the tax base. The Redevelopment Agency of the City of San
Bernardino has already had to call on the state for support of its
bonded debt. This is an undesirable burden on the state which can be
avoided by merging the two contiguous project areas into the combined
Central City Project so that the tax increment from the buildout in
Central City East and Central City South Project areas, when added to
the tax increment of the Meadowbrook/Central City Project Area,
resulting from combining the project areas, can serve the debt of all
three projects, or the debt as refunded, thus preventing an
undesirable default, or, in lieu thereof, further draws on the funds
of the state.