HomeMy WebLinkAboutMC-1327
Adopted: June 7, 2010
Effective: July 8, 2010
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3 ORDINANCE OF THE CITY OF SAN BERNARDINO ELIMINATING THE
DEBT INCURRENCE DEADLINE FOR THE REDEVELOPMENT PLAN
4 FOR THE CENTRAL CITY SOUTH REDEVELOPMENT PROJECT AREA
ORDINANCE NO. MC-1327
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6 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") has
7 an approved redevelopment plan for the Central City South Redevelopment Project Area (the
8 "Redevelopment Plan") pursuant to the provisions of the California Community Redevelopment
9 Law (the "CRL") (Health and Safety Code Section 33000 et seq.) and the City of San Bernardino
10 (the "City") has adopted the Redevelopment Plan by the Mayor and Common Council of the City of
II San Bernardino (the "City Council") Ordinance No. 3572, and the City has subsequently amended
12 such Redevelopment Plan by City Council Ordinance Nos. MC-564, MC-724, MC-9I9, MC-l 104,
13 MC-I208 and MC-I30I (the Redevelopment Plan, as adopted and subsequently amended by the
14 City Council is referred to herein as the "Redevelopment Plan"); and
15 WHEREAS, the Redevelopment Plan currently provides, among other things, that until the
16 date set forth in the Redevelopment Plan (the "Debt Incurrence Deadline") the Agency has
17 authority to establish loans, advances or incur other indebtedness which is repayable from the
18 proceeds of property tax increment allocated to the Agency under the Redevelopment Plan; and
19 WHEREAS, the termination date for the Redevelopment Plan is May 3, 2019; and
20 WHEREAS, pursuant to CRL Section 33333.6(e)(2), the Debt Incurrence Deadline may be
21 eliminated pursuant to an ordinance of the City Council; and
22 WHEREAS, pursuant to CRL Section 33333.6(e)(2), when adopting such an ordinance,
23 neither the City or the Agency is required to comply with CRL Sections 33354.6 or 33450 et seq.,
24 or any other provision relating to an amendment of the Redevelopment Plan; and
25 WHEREAS, the Agency desires to eliminate the Debt Incurrence Deadline for the
26 Redevelopment Plan in accordance with CRL Section 33333.6; and
27 WHEREAS, subsequent to the elimination of the Debt Incurrence Deadline, the Agency
28 must make the payment to affected taxing entities as required by CRL Section 33607.7; and
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P:\Agendas\Resolutions\R.esolutions\2010\OS_)7_jO C('ntra] City Soulh Debt Ordinance E (Con't) doc
MC-1327
I WHEREAS, the adoption of an ordinance eliminating the Debt Incurrence Deadline is
2 exempt from the requirements of the California Environmental Quality Act ("CEQA"), pursuant to
3 CEQA Guidelines Section I 5378(b), because such elimination constitutes the creation ofa funding
4 mechanism and/or other governmental fiscal activity which does not involve any commitment to
5 any specific project which may result in a potentially significant physical impact on the
6 environment.
7 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF
8 SAN BERNARDINO DO ORDAIN, AS FOLLOWS:
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Section 1.
The City Council hereby eliminates the Debt Incurrence Deadline for the
10 Redevelopment Plan as authorized under CRL Section 33333.6(e)(2).
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Section 2.
The first three (3) sentences of the last paragraph of Section VI. D. of the
12 Redevelopment Plan is hereby amended to read as follows:
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"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
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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
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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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Section 3.
The City Council finds and determines that the amendment to the
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Redevelopment Plan as provided in this Ordinance is in compliance with CRL Section
22 33333.6(e)(2).
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Section 4.
The Redevelopment Plan, as amended by this Ordinance, shall remain in full
24 force and effect, unmodified except to the extent of the amendment expressly set forth in this
25 Ordinance.
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Section 5.
The Interim Executive Director of the Agency is hereby authorized and
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directed 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.
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MC-1327
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Section 6.
If a court may determine that any provision of this Ordinance is invalid, such
2 invalid provision shall be severed from this Ordinance and the remaining provisions of the
3 Ordinance shall be given full force and effect.
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Section 7.
The City Council hereby authorizes and directs the Agency Staff to prepare,
5 in accordance with CEQA, a Notice of Exemption for filing with the Clerk of the County in
6 connection with the adoption of this Ordinance.
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Section 8.
The City Clerk is hereby authorized and directed to cause this Ordinance to
8 be published in a newspaper of general circulation in the manner required by law.
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MC-1327
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ORDINANCE OF THE CITY OF SAN BERNARDINO ELIMINATING THE
DEBT INCURRENCE DEADLINE FOR THE REDEVELOPMENT PLAN
FOR THE CENTRAL CITY SOUTH REDEVELOPMENT PROJECT AREA
4 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a ioint re~ular meeting
6 thereof, held on the 7th day of June ,2010, by the following vote to wit:
7 Council Members: Aves Navs Abstain Absent
8 MARQUEZ -L
9 DESJARDINS x
10 BRINKER --.lL
11 SHORETT ----X-
12 KELLEY X
13 JOHNSON -L
MC CAMMACK -L
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15 ~~I.:t. ~
16 Rachel G. Clark, City Clerk
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18 The foregoing Ordinance is hereby approved this ~day of
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June
,2010.
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23 Approved as to Form and Legal Content:
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25 By:
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