HomeMy WebLinkAboutMC-1325
Adopted: June 7, 2010
Effective: July 8, 2010
I ORDINANCE NO. MC-1325
2
3
4
5
6
7
8
9
10
11
12
13
14
IS
16
17
18
19
ORDINANCE OF THE CITY OF SAN BERNARDINO ELIMINATING THE
DEBT INCURRENCE DEADLINE FOR THE REDEVELOPMENT PLAN
FOR THE MEADOWBROOK/CENTRAL CITY REDEVELOPMENT
PROJECT AREA
WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") has
an approved redevelopment plan for the Meadowbrook/Central City Redevelopment Project Area
(the "Redevelopment Plan") pursuant to the provisions of the California Community
Redevelopment Law (the "CRL") (Health and Safety Code Section 33000 et seq.) and the City of
San Bernardino (the "City") has adopted the Redevelopment Plan by Mayor and Common Council
of the City of San Bernardino (the "City Council") Ordinance No. 2233 for Meadowbrook and by
Ordinance No. 2649 for Central City and merged Meadowbrook and Central City by Ordinance No.
3683; and
WHEREAS, the City has subsequently amended such Redevelopment Plan by City Council
Ordinance Nos. 3683, MC-558, MC-559, MC-723, MC-9l6, MC-9l7, MC-II13, MC-1207 and
MC-1300 (the Redevelopment Plan as adopted, merged and subsequently amended by the City
Council is referred to herein as the "Redevelopment Plan"); and
WHEREAS, the Redevelopment Plan currently provides, among other things, that until the
date set forth in the Redevelopment Plan (the "Debt Incurrence Deadline") the Agency has
20
authority to establish loans, advances or incur other indebtedness which is repayable from the
21
22
23
proceeds of property increment allocated to the Agency under the Redevelopment Plan; and
WHEREAS, the termination date for the Redevelopment Plan is May 3, 2019; and
WHEREAS, pursuant to CRL Section 33333.6(e)(2), the Debt Incurrence Deadline may be
24
25
26
27
28
eliminated pursuant to an ordinance of the City Council; and
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
I
P:\Agendas\Resolutions\Re$Olulion~\2010\05-11-10 Meadowbrook-Central City Debt OJdinan<<: A (Con't)dol:
MC-1325
I 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 Agency
4 must make the payment to affected taxing entities as required by CRL Section 33607.7; and
5 WHEREAS, the adoption of an ordinance eliminating the Debt Incurrence Deadline IS
6 exempt from the requirements of the California Environmental Quality Act ("CEQA"), pursuant to
7 CEQA Guidelines Section 15378(b), because such elimination constitutes the creation ofa funding
8 mechanism and/or other governmental fiscal activity which does not involve any commitment to
9 any specific project which may result in a potentially significant physical impact on the
10 environment.
11 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF
12 SAN BERNARDINO DO ORDAIN, AS FOLLOWS:
13
Section I.
The City Council hereby eliminates the Debt Incurrence Deadline for the
14 Redevelopment Plan as authorized under CRL Section 33333.6(e)(2).
15
Section 2.
The first three (3) sentences of Section E, Subsection 2 of the Meadowbrook
16 Redevelopment Project Area (Meadowbrook Project No.1) Redevelopment Plan is hereby
17 amended to read as follows:
18
19
"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
20
of property tax increment revenues attributable to the Redevelopment Project at any
21
22
time prior to the termination of this Plan. Such loans, advances and indebtedness
23
24
25
may be repaid with the proceeds of tax increment revenues received by the Agency
after the termination of this Plan."
Section 3.
The first three (3) sentences of Section C, Subsection 6 of the Central City
26
Project No. I Redevelopment Plan is hereby amended to read as follows:
27
28
2
P:\AgcndasIResolutions\Re$OlutionsI201010S-17-10 Mcadowbrook-Cenlral City Debt Ordinance A (Con't)doc
MC-1325
I
2
3
4
5
6
7
8
"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."
Section 4.
The City Council finds and determines that the amendment to the
9 Redevelopment Plan as provided in this Ordinance is in compliance with CRL Section
10 33333.6(e)(2).
11
Section 5.
The Redevelopment Plan, as amended by this Ordinance, shall remain in full
12 force and effect, unmodified except to the extent of the amendment expressly set forth in this
13 Ordinance.
14
Section 6.
The Interim Executive Director of the Agency is hereby authorized and
15 directed to undertake such actions and execute such documents as may be reasonably necessary or
16 convenient to administer the actions authorized by this Ordinance.
17
Section 7.
If a court may determine that any provision of this Ordinance is invalid, such
18
invalid provision shall be severed from this Ordinance and the remaining provisions of the
19
Ordinance shall be given full force and effect.
20
Section 8.
The City Council hereby authorizes and directs the Agency staff to prepare,
21
in accordance with CEQA, a Notice of Exemption for filing with the Clerk of the County in
22
connection with the adoption of this Ordinance.
23
Section 9.
The City Clerk is hereby authorized and directed to cause this Ordinance to
24
be published in a newspaper of general circulation in the manner required by law.
25
III
26
III
27
III
28
III
3
P:\AgcnduIResolutions\R.e$OlulionsUOIO\05-17-1O Mcadowbrook-Central City Debt Ordinance A (Con't)doc
I
2
3
4
MC-1325
ORDINANCE OF THE CITY OF SAN BERNARDINO ELIMINATING THE
DEBT INCURRENCE DEADLINE FOR THE REDEVELOPMENT PLAN
FOR THE MEADOWBROOK/CENTRAL CITY REDEVELOPMENT
PROJECT AREA
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 regular
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 --.lL
9 DESJARDINS ----X-
10 BRINKER X
11 SHORETT -L
12 KELLEY X
13 JOHNSON -L
14 MC CAMMACK -L
15 R~~~C&Cl~
16
18
The foregoing Ordinance is hereby approved this
17
19
20
21
jln<
day of
June
,2010.
~
. Morris, May
an Bernardino
22 Approved as to Form and Legal Content:
23
24 By:
25
26
27
28
4
p:\AgcndasIRcr.oIUlions\Rcsolutions\2010\05-17-10 Meadowbrook-Central Cil)' Debt Ordinance A (Con't)doc