HomeMy WebLinkAboutMC-1155
Adopted: December l, 2003
Effective: January l, 2004
ORDINANCE NO. KC-ll55
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO ELIMINATING
THE DEBT INCURRENCE DEADLINE FOR THE REDEVELOPMENT
PLAN FOR THE CENTRAL CITY WEST REDEVELOPMENT PROJECT
AREA
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WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agency") has
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approved the Redevelopment Plan for the Central City West Redevelopment Project Area
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pursuant to the provisions of the California Community Redevelopment Law ("CRL") (Health
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and Safety Code Section 33000 et seq.) and the City of San Bernardino (the "City") has
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adopted the Redevelopment Plan for the Central City West Redevelopment Project Area by
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Mayor and Common Council Ordinance No. 3553, and the City has subsequently amended
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such Redevelopment Plan by Mayor and Common Council Ordinance No. MC-562, Mayor
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and Common Council Ordinance No. MC-720 and Mayor and Common Council Ordinance
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No. MC-921. The Redevelopment Plan for the Central City West Redevelopment Project
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Area, as adopted and subsequently amended by the City is referred to herein as the
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"Redevelopment Plan;" and
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WHEREAS, the Redevelopment Plan currently provides, among other things, that until
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the date set forth in the Redevelopment Plan (the "Debt Incurrence Deadline") the Agency has
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authority to establish loans, advances or incur other indebtedness which is repayable from the
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proceeds of property increment allocated to the Agency under the Redevelopment Plan; and
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WHEREAS, the termination date for the Redevelopment Plan is February 17, 2016;
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and
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WHEREAS, pursuant to CRL Section 33333.6(e)(2), the Debt Incurrence Deadline
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may be eliminated pursuant to an ordinance of the Mayor and Common Council; and
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KC-ll55
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WHEREAS, pursuant to CRL Section 33333.6(e)(2), when adopting such an ordinance,
neither the City or the Agency is required to comply with CRL Sections 33354.6 or 33450 et
seq., or any other provision relating to an amendment of the Redevelopment Plan; and
WHEREAS, the Agency desires to eliminate the Debt Incurrence Deadline for the
Redevelopment Plan in accordance with CRL Section 33333.6; and
WHEREAS, subsequent to the elimination of the Debt Incurrence Deadline, the
Agency must make the payment to affected taxing entities as required by CRL Section
33607.7; and
WHEREAS, the adoption of an ordinance eliminating the Debt Incurrence Deadline is
exempt from the requirements of the California Environmental Quality Act ("CEQA"),
pursuant to State CEQA Guidelines Section 15378(b), because such elimination constitutes the
creation of a funding mechanism and/or other governmental fiscal activity which does not
involve any commitment to any specific project which may result in a potentially significant
physical impact on the environment.
NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO DO ORDAIN AS FOLLOWS:
Section I. The Mayor and Common Council hereby eliminate the Debt Incurrence
Deadline for the Redevelopment Plan as authorized under CRL Section 33333.6(e)(2).
Section 2. The first three (3) sentences of Section E. 2 of the Redevelopment Plan
is hereby amended to read as follows:
"Pursuant to Health and Safety Code Section 33333.6(e)(2), the
Agency may establish loans, advances and indebtedness to be paid with the
proceeds of property tax increment revenues attributable to the Redevelopment
Project at any time prior to the termination of this Plan. Such loans, advances and
indebtedness may be repaid with the proceeds of tax increment revenues received
by the Agency after the termination of this Plan."
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KC-ll55
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Section 3. The Mayor and Common Council find and determine that the
amendment to the Redevelopment Plan as provided in this Ordinance is in compliance with
CRL Section 33333.6(e)(2).
Section 4. The Redevelopment Plan, as amended by this Ordinance, shall remain in
full force and effect, unmodified except to the extent of the amendment expressly set forth in
this Ordinance.
Section 5. The Executive Director of the Agency is hereby authorized and directed
to undertake such actions and execute such documents as may be reasonably necessary or
convenient to administer the actions authorized by this Ordinance.
Section 6. If a court may determine that any provision of this Ordinance is invalid,
such invalid provision shall be severed from this Ordinance and the remaining provisions of
the Ordinance shall be given full force and effect.
Section 7. The Mayor and Common Council hereby authorize and direct the
Agency staff to prepare in accordance with CEQA a Notice of Exemption for filing with the
Clerk of the County in connection with the adoption of this Ordinance.
Section 8. The City Clerk is hereby authorized and directed to cause this Ordinance
to be published in a newspaper of general circulation in the manner required by law.
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KC-ll55
AN ORDINANCE OF THE CITY OF SAN BERNARDINO ELIMINATING
THE DEBT INCURRENCE DEADLINE FOR THE REDEVELOPMENT
2 PLAN FOR THE CENTRAL CITY WEST REDEVELOPMENT PROJECT
AREA
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I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
joint
Common Council of the City of San Bernardino at a regular meeting thereof, held on the
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1st
day of December, 2003, by the following vote to wit:
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Council Members:
Aves Navs
x
x
x
x
x
x
--1L
Abstain
Absent
16 The foregoing ordinance is hereby approved this L
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ESTRADA
LONGVILLE
MCGINNIS
DERRY
SUAREZ
ANDERSON
MC CAMMACK
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~h.C~uJc
Rac el G. Clark, City Clerk
December
,2003.
?Lt. ~
Jud' lies, Mayor
of San Bernardino
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By:
.s~tIlr.fi':City Attorney
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