HomeMy WebLinkAboutMC-1156
Adopted: December l, 2003
Effective: Jauuary l, 2004
ORDINANCE NO. KC-ll56
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO ELIMINATING
THE DEBT INCURRENCE DEADLINE FOR THE REDEVELOPMENT
PLAN FOR THE SOUTHEAST INDUSTRIAL PARK 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 Southeast Industrial Park Redevelopment Project
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Area pursuant to the provisions of the California Community Redevelopment Law ("CRL")
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(Health and Safety Code Section 33000 et seq.) and the City of San Bernardino (the "City")
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has adopted the Redevelopment Plan for the Southeast Industrial Park Redevelopment Project
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Area by Mayor and Common Council Ordinance No. 3583, and the City has subsequently
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amended such Redevelopment Plan by Mayor and Common Council Ordinance No. MC-565,
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Mayor and Common Council Ordinance No. MC-722 and Mayor and Common Council
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Ordinance No. MC-924.
The Redevelopment Plan for the Southeast Industrial Park
15 Redevelopment Project Area, as adopted and subsequently amended by the City is referred to
16 herein as the "Redevelopment Plan;" and
17 WHEREAS, the Redevelopment Plan currently provides, among other things, that until
18 the date set forth in the Redevelopment Plan (the "Debt Incurrence Deadline") the Agency has
19 authority to establish loans, advances or incur other indebtedness which is repayable from the
20 proceeds of property increment allocated to the Agency under the Redevelopment Plan; and
21 WHEREAS, the termination date for the Redevelopment Plan is June 21, 2016; and
22 WHEREAS, pursuant to CRL Section 33333.6(e)(2), the Debt Incurrence Deadline
23 may be eliminated pursuant to an ordinance of the Mayor and Common Council; and
24 WHEREAS, pursuant to CRL Section 33333.6(e)(2), when adopting such an ordinance,
25 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
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KC-ll56
WHEREAS, the Agency desires to eliminate the Debt Incurrence Deadline for the
2 Redevelopment Plan in accordance with CRL Section 33333.6; and
3 WHEREAS, subsequent to the elimination of the Debt Incurrence Deadline, the
4 Agency must make the payment to affected taxing entities as required by CRL Section
5 33607.7; and
6 WHEREAS, the adoption of an ordinance eliminating the Debt Incurrence Deadline is
7 exempt from the requirements of the California Environmental Quality Act ("CEQA"),
8 pursuant to State CEQA Guidelines Section 153 78(b), because such elimination constitutes the
9 creation of a funding mechanism and/or other governmental fiscal activity which does not
10 involve any commitment to any specific project which may result in a potentially significant
11 physical impact on the environment.
12 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF
13 SAN BERNARDINO DO ORDAIN AS FOLLOWS:
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Section I.
The Mayor and Common Council hereby eliminate the Debt Incurrence
15 Deadline for the Redevelopment Plan as authorized under CRL Section 33333.6(e)(2).
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Section 2.
Section VI of the Redevelopment Plan is hereby amended by adding a
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new subsection "F" which reads as follows:
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"F.
Notwithstanding any other provision of this Plan to the
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contrary, pursuant to Health and Safety Code Section 33333.6(e)(2), the Agency
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may establish loans, advances and indebtedness to be paid with the proceeds of
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property tax increment revenues attributable to the Redevelopment Project at any
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time prior to the termination of this Plan. Such loans, advances and indebtedness
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may be repaid with the proceeds of tax increment revenues received by the
Agency after the termination of this Plan."
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III
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KC-1I56
Section 3.
The Mayor and Common Council find and determine that the
2 amendment to the Redevelopment Plan as provided in this Ordinance is in compliance with
3 CRL Section 33333.6(e)(2).
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Section 4.
The Redevelopment Plan, as amended by this Ordinance, shall remain in
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full force and effect, unmodified except to the extent of the amendment expressly set forth in
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this Ordinance.
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Section 5.
The Executive Director of the Agency is hereby authorized and directed
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to undertake such actions and execute such documents as may be reasonably necessary or
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convenient to administer the actions authorized by this Ordinance.
Section 6.
If a court may determine that any provision of this Ordinance is invalid,
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such invalid provision shall be severed from this Ordinance and the remaining provisions of
the Ordinance shall be given full force and effect.
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Section 7.
The Mayor and Common Council hereby authorize and direct the
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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.
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The City Clerk is hereby authorized and directed to cause this Ordinance
Section 8.
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to be published in a newspaper of general circulation in the manner required by law.
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO ELIMINATING
THE DEBT INCURRENCE DEADLINE FOR THE REDEVELOPMENT
PLAN FOR THE SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT
PROJECT AREA
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I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
C '1 f h C' fS d' joint .
Common ounCl 0 t e lty 0 an Bernar mo at a regular meetmg thereof, held on the
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1 st day of December ,2003, by the following vote to wit:
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Council Members: Aves Navs Abstain Absent
ESTRADA x
LONGVILLE x
MCGINNIS X
DERRY x
SUAREZ X
ANDERSON X
MC CAMMACK X
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~h.~-
Racnel G. Clark, City Clerk
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The foregoing ordinance is hereby approved this
day 0
December
,2003.
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Approved a
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By:
5jti\{Mi', City Attorney
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