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HomeMy WebLinkAboutR29- Economic Development Agency CITY OF SAN BERNARDINO O R I G I NA L ECONOMIC DEVELOPMENT AGENCY FROM: Emil A.Marzullo SUBJECT: Elimination of Debt Limits for three (3) Interim Executive Director Redevelopment Agency of the City of San Bernardino Project Areas (Meadowbrook/Central City, Central City South DATE: May 12,2010 and Central City East Redevelopment Project Areas) -- Svnoosis of Previous Commission/Council/Committee Action(s): On March 4, 2010 Redevelopment Committee Members Johnson, Brinker and alternate Shorett unanimously voted to recommend that the Mayor and Common Council consider this action for approval. On April 19,2010,the Mayor and Common Council continued the item to May 3,2010. On May 3,2010,the Mayor and Common Council continued the item to May,17,2010_ ----------------------------------- . Recommended Motion(s): First Reading of Ordinances (Mayor and Common Council) MEADOW BROOK/CENTRAL CITY ORDINANCE A: Ordinance of the City of San Bernardino eliminating the debt incurrence deadline for the Redevelopment Plan for the Meadowbrook/Central City Redevelopment Project Area. RESOLUTION B: Resolution of the Mayor and Common Council of the City of San Bernardino electing the statutory pass- through pursuant to Health and Safety Code Section 33607.5(b) for the Meadowbrook/Central City Redevelopment Project Area CENTRAL CITY EAST ORDINANCE C: Ordinance of the City of San Bernardino eliminating the debt incurrence deadline for the Redevelopment Plan for the Central City East Redevelopment Project Area. RESOLUTION D: Resolution of the Mayor and Common Council of the City of San Bernardino electing the statutory pass- through pursuant to Health and Safety Code Section 33607.5(b)for the Central City East Redevelopment Project Area. CENTRAL CITY SOUTH ORDINANCE E: Ordinance of the City of San Bernardino eliminating the debt incurrence deadline for the Redevelopment Plan for the Central City South Redevelopment Project Area. RESOLUTION F: Resolution of the Mayor and Common Council of the City of San Bernardino electing the statutory pass- through pursuant to Health and Safety Code Section 33607.5(b) for the Central City South Redevelopment Project Area. Contact Persona): Mike Trout Phone: (909)663-1044 Meadowbrook/Central City,Central V b Project Area(s): City East and Central City South Ward(s): 1 and 3 Supporting Data Attached: 10 Staff Report M Resolution(s)/Ordinances 0 Agreement(s)/Contract(s)®Map(s)O Letter(s) FUNDING REQUIREMENT mount: S -0- Source: N/A I Signature: Fiscal Review: Emil A.Marzullo,Interim Executive Director Lori Pan o-T' ,I&i2r�k(lministrative Services Director 1 Con mission/Council Notes: L So 's D/D /e13 t�2oiD- /ay �f„40ie- /35 PUgmEestComm Der CommiaionWDC2 010105-17-10Elimiation ofDmN Limits SR(Con).aac COMMISSION MEETING AGENDA Meeting Date: 05/17/2010 Agenda Item Number: ,(1ia/ter Q�s ECONOMIC DEVELOPMENT AGENCY STAFF REPORT ELIMINATION OF DEBT LIMTS FOR THREE (3) REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO REDEVELOPMENT PROJECT AREAS (MEADOWBROOK/CENTRAL CITY, CENTRAL CITY SOUTH AND CENTRAL CITY EAST) BACKGROUND: In December 2003, the Agency had twelve (12) Redevelopment Project Areas that had certain limitations in accordance with Redevelopment Law; specifically AB1290 and SB211 set forth those limitations. These limitations include, but are not limited to, time limit on length of the project plan (the "Plan") (effectiveness date on the redevelopment plan), time period to collect tax increment to repay debt, the power of eminent domain (12 years from plan adoption), limit on the amount of tax increment it can receive over the life of the project area and the time period on the amount of bonded indebtedness that can be outstanding at any one time, and last but not least, the time limit to incur debt. Of the twelve (12) Redevelopment Project Areas, Agency Staff had determined that nine (9) of those Redevelopment Project Areas should be amended at that time to eliminate the debt incurrence limit. Those nine (9) Redevelopment Project Areas were: State College, Central City North, Central City West, Southeast Industrial Park,Northwest,Tri-City, South Valle, Uptown and Mt. Vernon. The time limit to incur debt is important because tax increment financing is based upon the project area being in debt. Furthermore, the project area must have outstanding debt in order to collect tax increment revenue (both total debt and annual debt payments). The manner in which the Agency discloses all of its debt is by filing annually with the County of San Bernardino a Statement of Indebtedness (the "SOI") for each of the Agency's Redevelopment Project Areas. Therefore, on December 1, 2003, the Mayor and Common Council adopted an ordinance for each of the nine (9) Redevelopment Project Area, mentioned above, eliminating the debt incurrence deadline for the individual Redevelopment Plans. By doing so, this would allow the Agency to establish loans, advances and indebtedness to be paid with the proceeds of property tax increment revenues attributable to the individual Redevelopment Project Areas at any time prior to the termination of the individual Redevelopment Project Area Plans. Those Redevelopment Project Areas whose Redevelopment Plans were not amended to eliminate the debt incurrence deadline, though their deadline expired on January 9, 2002, are the following: Meadowbrook/Central City, Central City South and Central City East(the"Project Areas"). The subject of this Staff Report is the elimination of the debt incurrence deadline for the Project Areas. And is a condition being addressed as part of the effort to merge project areas (Merger A) as a separate action pursuant to the California Health and Safety Code, Article 14. Merger of redevelopment project areas in the City of San Bernardino, Section 33470 et seq. and Merger of project areas, Section 33485 et seq. PUgerduilComm Dev Commissionl 201M5-17-10 Elimimion of Debt Limits SIR(Cool).iloo COMMISSION MEETING AGENDA Meeting Date: 05/17/2010 I Agenda Item Number: Economic Development Agency Staff Report Elimination of Debt Limits for Project Areas Page 2 CURRENT ISSUE: In order for the Agency to be able to claim new debt, which would be paid with the proceeds of property tax increment revenue generated by the Project Areas after January 9, 2002, it is necessary for the Agency to extend the time frame in which to incur debt. Accordingly, SB211 was adopted in January 2001, by the State Legislature in order to allow agencies time in which to extend the time frame in which to incur debt to correspond with the project area duration (effectiveness date of the Plan). The following chart illustrates the Project Areas that would be extended to conform to the limits established under SB211: Summary of Project Area Limitations Proposed SB211 Debt Time Limit Amendment A B C D E F - G Project Area time Limit Limit on Proposed Duration on Receiving Time Limit Limit on Total Amount of SB211 Change- (effectiveness Tax Increment to Incur Debt Total Dollars of Bonded Debt time Limit Project Areas - Date of Plan) (to Repay Debt) (Existing) . Tax Increment. (at Any One Time) to Incur Debt Meadowbrook/ May 3,2019 May 3,2029 January 9,2002 1.75 x Total Debt $50,000,000 May 3,2019 Central City Central City South May 3,2019 May 3,2029 January 9,2002 1.75 x Total Debt $25,000,000 May 3,2019 Central City East May 3,2019 May 3,2029 January 9,2002 1.75 x Total Debt $30,000,000 May 3,2019 The proposed SB211 Plan Amendment will change the time limit to incur debt for each of the Project Areas as noted in column G. SB211 Plan Amendment will not impact those taxing agencies that have pass thm agreements in place to share tax increment revenue with the Agency; but for those agencies (which includes the City of San Bernardino) that do not presently have a pass thru agreement, the Agency, under SB211 is mandated to share in the new tax increment revenue. ENVIRONMENTAL IMPACT: No impact per the California Environmental Quality Act (the "CEQA"); does not meet the definition of a Project. FISCAL IMPACT: Account Budgeted Amount: $0.00 Balance as of: Mav 6, 2010 Balance after approval of this item: $0.00 Without a Plan Amendment for each of the Project Areas the Agency is unable to claim any new debt on the SOI. Therefore, this impacts the Agency's ability to consummate new business deals, redevelop blighted properties and to claim Agency administrative costs, thereby impacting the amount of tax increment the Agency receives for each of the Project Areas noted above. ------------------------- ---------------------------------------- P DevCommissImaCDC201=3.17.10 Mimimtion of DeM Limits Sit ecm)am COMMISSION MEETING AGENDA Meeting Date: 05/17/2010 Agenda Item Number: Economic Development Agency Staff Report Elimination of Debt Limits for Project Areas Page 3 RECOMMENDATION: That the Mayor and Common Council adopt the attached Ordinances and Resolutions. Emil A. Manullo,Interim Executive Director -------------------------------------------------------------------------- P\Age W..m Dw CommisvonlCDC 2010105.1)-10 Elim n...fD U.6 SR(Cmtl)dx COMMISSION MEETING AGENDA Meeting Date: 05/17/2010 Agenda Item Number: r" CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY FROM: Emil A.Marzullo SUBJECT: Elimination of Debt Limits for three (3) Interim Executive Director Redevelopment Agency of the City of San Bernardino Project Areas (Meadowbrook/Central City, Central City South DATE: April 12,2010 and Central .City East Redevelopment Project /Brinkerd'Altemate --- -------- -- -Synopsis of Previous Commission/Counci l/Committee Action(On March 4, 2010 Redevelopment Committee Members Johnsoltemate Redevelopment Committee Member Shorett unanimously voted to recommend that the Mayor and Cosider this action for approval. -----Recommended Motion(s): First Reading of Ordinances a Council MEADOWBROOK/CENTRAL CITY/ ORDINANCE A: Ordinance of the City of San Bernard' eliminating the debt incurrence deadline for the Redevelopment Plan for the Meadowbrook/Central Redevelopment Project Area. RESOLUTION B: Resolution of the Mayor and Co on Council of the City of San Bernardino electing the statutory pass through pursuant to Health an afety Code Section 33607.5(a)(2) for the Meadowbrook/Central City Redevelopment Project Area CENTRAL CITY EAST ORDINANCE C: Ordinance of the City of S Bernardino eliminating the debt incurrence deadline for the Redevelopment Plan for the Central City ast Redevelopment Project Area. RESOLUTION D: Resolution of the May and Common Council of the City of San Bernardino electing the statutory pass- through pursuant to Health and Safety Code Section 33607.5(a)(2) for the Central City East Redevelopment Proj ct Area. CENTRAL CITY OUTH ORDINANCE E: Ordinance of the ity of San Bernardino eliminating the debt incurrence deadline for the Redevelopment Plan for the Cen I City South Redevelopment Project Area. RESOLUTION F: Resolution of a Mayor and Common Council of the City of San Bernardino electing the statutory pass- through pursi t to Health and Safety Code Section 33607.5(a)(2) for the Central City South Redevelopm t Project Area. I Contact Person(s): Mike Trout Phone: (909)663-1044 Meadow rook/Central City,Central Project Area(s): City E)ist and Central City South Ward(s): V and 3rd Supporting Data Attached: /)b Staff Report M Resolution(s)/Ordinances ❑Agreement(s)/Contract(s)0 Map(s)❑Letter(s) FUNDING REQUIREMENTS: Amount: $ -0- Source: N/A Signature: r/ Fiscal Review: Emil A.MarzuT4,Inte ' ecutive Director LorrPan4db-TilIet:Ctt2p&Administrative Services Director Commission/Council tes: P b1pm omm Dw Commiwoe\CDC 2010 19-100imintm dMk Limits Sktl COMMISSION MEETING AGENDA Meeting Date: 04/19/2010 Agenda Item Number: Op ECONOMIC DEVELOPMENT AGENCY STAFF REPORT ELIMINATION OF DEBT LIMTS FOR THREE (3)REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO REDEVELOPMENT PROJECT AREAS (MEADOWBROOK/CENTRAL CITY, CENTRAL CITY SOUTH AND CENTRAL CITY EAST) BACKGROUND: In December 2003, the Agency had twelve (12) Redevelopment Project Areas that had certain limitations in accordance with Redevelopment Law; specifically AB 1290 and SB211 set forth those limitations. These limitations include,but are not limited to,time limit on length of the project plan(the "Plan")(effectiveness date on the redevelopment plan), time period to collect tax increment to repay debt, the power of eminent domain (12 years from plan adoption), limit on the amount of tax increment it can receive over the life of the project area and the time period on the amount of bonded indebtedness that can be outstanding at any one time, and last but not least, the time limit to incur debt. Of the twelve (12) Redevelopment Project Areas, Agency Staff had determined that nine (9) of those Redevelopment Project Areas should be amended at that time to eliminate the debt incurrence limit. Those nine (9) Redevelopment Project Areas were: State College, Central City North, Central City West, Southeast Industrial Park,Northwest, Tri-City, South Valle,Uptown and Mt.Vernon. The time limit to incur debt is important because tax increment financing is based upon the project area being in debt. Furthermore, the project area must have outstanding debt in order to collect tax increment revenue (both total debt and annual debt payments). The manner in which the Agency discloses all of its debt is by filing annually with the County of San Bernardino a Statement of Indebtedness (the "SOI") for each of the Agency's Redevelopment Project Areas. Therefore, on December 1, 2003, the Mayor and Common Council adopted an ordinance for each of the nine (9) Redevelopment Project Area, mentioned above, eliminating the debt incurrence deadline for the individual Redevelopment Plans. By doing so, this would allow the Agency to establish loans, advances and indebtedness to be paid with the proceeds of property tax increment revenues attributable to the individual Redevelopment Project Areas at any time prior to the termination of the individual Redevelopment Project Area Plans. Those Redevelopment Project Areas whose Redevelopment Plans were not amended to eliminate the debt incurrence deadline, though their deadline expired on January 9, 2002, are the following: Meadowbrook/Central City, Central City South and Central City East(the "Project Areas"). The subject of this Staff Report is the elimination of the debt incurrence deadline for the Project Areas. CURRENT ISSUE: In order for the Agency to be able to claim new debt, which would be paid with the proceeds of property tax increment revenue generated by the Project Areas after January 9, 2002, it is necessary for the Agency to extend the time frame in which to incur debt. Accordingly, SB211 was adopted in January 2001, by the State Legislature in order to allow agencies time in which to extend the time frame in which to incur debt to P:Wg<od T..R C..ieria.� Wi0 IMO Fimiwi.da Um SkA COMMISSION MEETING AGENDA Meeting Date: 04/189/2010 Agenda Item Number: 7o Economic Development Agency Staff Report Elimination of Debt Limits for Project Areas Page 2 correspond with the project area duration (effectiveness date of the Plan). The following chart illustrates the Project Areas that would be extended to conform to the limits established under SB211: Summary of Project Area Limitations Proposed SB211 Debt Time Limit Amendment A B C D E F G Project Area Time Limit Limit on Proposed Duration on Receiving Time Limit Limit on Total Amount of SB211 Change— (Effectiveness Tax Increment to Incur Debt Total Dollars of Bonded Debt Time Limit Project Areas Date of Plan) (to Repay Debt) (Existing) Tax Increment (at Any One Time) to Incur Debt Mcadowbrook/ May 3,2019 May 3,2029 January 9,2002 1.75 x Total Debt $50,000,000 May 3,2019 Central City Central City South May 3,2019 May 3,2029 January 9,2002 1.75 x Total Debt $25,000,000 May 3,2019 Central City East May 3,2019 May 3,2029 January 9,2002 1.75 x Total Debt $30,000,000 May 3,2019 The proposed SB211 Plan Amendment will change the time limit to incur debt for each of the Project Areas as noted in column G. SB211 Plan Amendment will not impact those taxing agencies that have pass thin agreements in place to share tax increment revenue with the Agency; but for those agencies (which includes the City of San Bernardino) that do not presently have a pass thru agreement, the Agency, under SB211 is mandated to share in the new tax increment revenue. ENVIRONMENTAL IMPACT: No impact per the California Environmental Quality Act (the "CEQA"); does not meet the definition of a Project. FISCAL IMPACT: Account Budgeted Amount: $0.00 Balance as of: April 12, 2010 Balance after approval of this item: $0.00 Without a Plan Amendment for each of the Project Areas the Agency is unable to claim any new debt on the SOI. Therefore, this impacts the Agency's ability to consummate new business deals, redevelop blighted properties and to claim Agency administrative costs, thereby impacting the amount of tax increment the Agency receives for each of the Project Areas noted above. RECOMMENDATION: That the Mayor and Common Council adopt the attached Ordinances and Resolutions. Emil A.Marzullo,Interim Executive Director e:wae�d..�comm or CO rianU'DC 201ND0.19-IOEami�mtion ofDeM Limit,SR.doc COMMISSION MEETING AGENDA Meeting Date: 04/19/2010 Agenda Item Number: $P- ADDENDUM TO STAFF REPORT The following resolutions may be brought forward for separate action either at this meeting or at the time of second reading of the associated ordinances: Resolution B: Resolution of the Mayor and Common Council of the City of San Bernardino electing the statutory pass-through pursuant to Health and Safety Code Section 33607.5(a)(2)for the Meadowbrook/Central City Redevelopment Project Area Resolution D: Resolution of the Mayor and Common Council of the City of San Bernardino electing the statutory pass-through pursuant to Health and Safety Code Section 33607.5(a)(2) for the Central City East Redevelopment Project Area Resolution F: Resolution of the Mayor and Common Council of the City of San Bernardino electing the statutory pass-through pursuant to Health and Safety Code Section 33607.5(a)(2) for the Central City South Redevelopment Project Area ii (,fi'ITMA1 f CITY PRO 4,�r10 1 �L aIr ® .0 ----� rownswen . y aunn I MLaixnsNaoolucF±rrkA1: (ln OF .w. (E ML CITY SOUII) Plan Adoptions: MeadowbrooWCenlral Citr-November 7, 1977 590 Acres Central City Fast-Mar 3, 1976 275 Acres Central City Sonlb-Map 3, 1976 193 Acres Projects Merged N 1953 Total gross acres: 108 1 ORDINANCE NO. ORIGINAL 2 ORDINANCE OF THE CITY OF SAN BERNARDINO ELI k-; Q;J-Ka 3 DEBT INCURRENCE DEADLINE FOR THE REDEVEI FOR THE MEADOWBROOK/CENTRAL CITY REDEVELOPMENT 4 PROJECT AREA 5 6 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") has 7 an approved redevelopment plan for the MeadowY-- ' " iment Project Area 8 (the "Redevelopment Plan") pursuant to the ornia Community 9 Redevelopment Law (the "CRL") (Health and Safe n q.) and the City of 10 San Bernardino (the "City") has adopted the Redev w Common Council 11 of the City of San Bernardino (the "City Council") (�� idowbrook and by 12 Ordinance No. 2649 for Central City and merged Mi by Ordinance No. 13 3683; and 14 WHEREAS, the City has subsequently amended such Redevelopment Plan by City Council 15 Ordinance Nos. 3683, MC-558, MC-559, MC-723, MC-916, MC-917, MC-1113, MC-1207 and 16 MC-1300 (the Redevelopment Plan as adopted, merged and subsequently amended by the City 17 Council is referred to herein as the "Redevelopment Plan"); and 18 WHEREAS, the Redevelopment Plan currently provides, among other things, that until the 19 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 proceeds of property increment allocated to the Agency under the Redevelopment Plan; and 22 WHEREAS, the termination date for the Redevelopment Plan is May 3,2019; and III 23 WHEREAS, pursuant to CRL Section 33333.6(e)(2), the Debt Incurrence Deadline may be 24 eliminated pursuant to an ordinance of the City Council; and 25 WHEREAS, pursuant to CRL Section 33333.6(e)(2), when adopting such an ordinance, 26 neither the City or the Agency is required to comply with CRL Sections 33354.6 or 33450 et seq., 27 or any other provision relating to an amendment of the Redevelopment Plan; and 28 1 P'.W¢erAevVtewlutwos�A<soMioost3010W0.1410 Mu oybmk-Gems City DebO it eAdm i 1 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 of a 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 1. 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 "Pursuant to Health and Safety Code Section 33333.6(e)(2), the 19 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 time prior to the termination of this Plan. Such loans, advances and indebtedness 22 23 may be repaid with the proceeds of tax increment revenues received by the Agency 24 after the termination of this Plan." 25 Section 3. The first three(3) sentences of Section C, Subsection 6 of the Central City 26 project No. 1 Redevelopment Plan is hereby amended to read as follows: 27 28 2 vwemaa:vinaw,a ,newu.M.�oiowa-iwio Me.a�w..,�s.,n.ir iw„n.n;.....sn„. 1 "Pursuant to Health and Safety Code Section 33333.6(e)(2), the 2 Agency may establish loans, advances and indebtedness to be paid with the proceeds 3 of property tax increment revenues attributable to the Redevelopment Project at any 4 time prior to the termination of this Plan. Such loans, advances and indebtedness 5 6 may be repaid with the proceeds of tax increment revenues received by the Agency 7 after the termination of this Plan." 8 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 26 27 28 3 I ORDINANCE OF THE CITY OF SAN BERNARDINO ELIMINATING THE DEBT INCURRENCE DEADLINE FOR THE REDEVELOPMENT PLAN 2 FOR THE MEADOWBROOK/CENTRAL CITY REDEVELOPMENT 3 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 meeting 6 thereof, held on the day of 2010,by the following vote to wit: 7 Council Members: Aves Nays Abstain Absent 8 MARQUEZ 9 DESJARDINS 10 BRINKER 11 SHORETT — 12 KELLEY — 13 JOHNSON 14 MC CAMMACK — 15 16 Rachel G. Clark, City Clerk 17 18 The foregoing Ordinance is hereby approved this day of 12010. 19 20 21 Patrick J. Moms, Mayor City of San Bernardino 22 Approved as to Form and Legal Content: 23 24 By.. es F. Penman, City Attorney 25 26 27 28 4 COPY 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE 3 CITY OF SAN BERNARDINO ELECTING THE STATUTORY PASS- THROUGH PURSUANT TO HEALTH AND SAFETY CODE SECTION 4 33607.5(b) FOR THE MEADOWBROOVJCENTRAL CITY REDEVELOPMENT PROJECT 5 6 WHEREAS, Redevelopment Agency of the City of San Bernardino (the "Agency") has an 7 approved redevelopment plan for the Meadowbrook/Central City Redevelopment Project (the 8 "Redevelopment Plan'), which provides for tax increment (the "Tax Increment") financing 9 pursuant to Section 33670 of the California Community Redevelopment Law, Health and Safety 10 Code Section 33000, et seq. (the"CRL"); and 11 WHEREAS, the City of San Bernardino (the "City") has adopted the Redevelopment Plan 12 by the Mayor and Common Council of the City of Ban Bernardino (the"City Council") Ordinance 13 No. 2233 for Meadowbrook and Ordinance No. 2649 for Central City, and merged Meadowbrook 14 and Central City by Ordinance No. 3683; and © 15 WHEREAS, the City has subsequently amended such Redevelopment Plan by City 16 Council Ordinance Nos. MC-558, MC-559, MC-723, MC-916, MC-917, MC-1113, MC-1207 and 17 MC-1300 (the Redevelopment Plan as adopted, merged and subsequently amended by the City 18 Council is referred to herein as the"Redevelopment Plan");and 19 WHEREAS, concurrently with the adoption of this Resolution the City Council has 20 introduced and given a first reading to an ordinance entitled "Ordinance of the City of San 21 Bernardino Eliminating the Debt Incurrence Deadline for the Redevelopment Plan for the 22 Meadowbrook/Central City Redevelopment Project Area'; and 23 WHEREAS, the City is the community which adopted the Redevelopment Plan and, by 24 virtue of the passage of the ordinance referenced in the preceding paragraph, the City Council is 25 authorized by Section 33607.7(b)(2) to make the election offered in Section 33607.5(b)to be paid 26 the amount described in said Section 33607.5(b) of the CRL with respect to the Redevelopment C 27 Plan as amended by such ordinance; and 28 1 P crty�pn mcc Rew a(con'p.d« 1 WHEREAS,the City Council hereby elects to be paid the amounts sets forth in the Section 2 33607.7(b) of the CRL as a statutory pass-through payment from the Agency for each fiscal year 3 the Agency collects Tax Increment pursuant to the Redevelopment Plan; and 4 WHEREAS, it the policy intent of the City Council that the amount received as a statutory 5 pass-through payment each fiscal year by the City will be appropriated for programs and activities 6 that benefit the Meadowbrook/Central City Redevelopment Project Area and support the 7 redevelopment program, as determined in the annual City budgeting process. 8 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY 9 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS 10 FOLLOWS: 11 Section 1. Subject to the ordinance referenced in the recitals of this Resolution taking 12 effect, the City Council hereby elects, pursuant to Section 33607.5(b) of the CRL, to be paid the 13 statutory pass-through payments from the Agency for each fiscal year the Agency collects the Tax �? 14 Increment pursuant to the Redevelopment Plan. 15 Section 2. The City Council hereby authorizes and directs the City Manager to transmit 16 copies of this Resolution to the Agency and to take all other actions required pursuant to Section 17 33607.7(b)of the CRL to implement the election set forth in this Resolution. 18 Section 3. This Resolution shall take effect upon its adoption and execution in the 19 manner as required by the City Charter. 20 21 22 23 24 25 26 28 2 P:Uge etlu\Rew�120MS-17-10 Mudowbmok-CwM City PS tb gh MCC Ww 9lCOdt).drc I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ELECTING THE STATUTORY PASS- 2 THROUGH PURSUANT TO HEALTH AND SAFETY CODE SECTION 3 33607.5(b) FOR THE MEADOWBROOK/CENTRAL CITY REDEVELOPMENT PROJECT 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a meeting thereof, 6 held on the day of 2010, by the following vote to wit: 7 Council Members: Aves Nays Abstain Absent 8 MARQUEZ — 9 DESJARDINS — 10 BRINKER 11 SHORETT — 12 KELLEY 13 JOHNSON 14 MC CAMMACK _ © 15 16 17 Rachel G. Clark, City Clerk 18 The foregoing Resolution is hereby approved this day of 12010. 19 20 Patrick J. Moms,Mayor 21 City of San Bernardino 22 Approved as to Form: 23 By: 24 James F. Penman, City Attorney 25 26 27 ® 28 3 P City Pus ,h MCC Bno B(C..%)doe DQaG�7� I RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON 3 3 CITY OF SAN BERNARDINO ELECTING THE THROUGH PURSUANT TO HEALTH AND SAFE'. 4 33607.5(a)(2) FOR THE MEADOWBROOK REDEVELOPMENT PROJECT 5 6 WHEREAS, Redevelopment Agency of the City of San Bernardino (the "Agency") has an 7 approved redevelopment plan for the Meadowbrook/Central City Redevelopment Project (the 8 "Redevelopment Plan"), which provides for tax increment (the "Tax Increment") financing 9 pursuant to Section 33670 of the California Community Redevelopment Law, Health and Safety 10 Code Section 33000, et seq. (the"CRL"); and 11 WHEREAS, the City of San Bernardino (the "City") has adopted the Redevelopment Plan 12 by the Mayor and Common Council of the City of San Bernardino(the "City Council") Ordinance 13 No. 2233 for Meadowbrook and Ordinance No. 2649 for Central City, and merged Meadowbrook 14 and Central City by Ordinance No. 3683; and 15 WHEREAS, the City has subsequently amended such Redevelopment Plan by City 16 Council Ordinance Nos. MC-558, MC-559, MC-723, MC-916, MC-917, MC-1113, MC-1207 and 17 MC-1300 (the Redevelopment Plan as adopted, merged and subsequently amended by the City 18 Council is referred to herein as the"Redevelopment Plan"); and 19 WHEREAS, concurrently with the adoption of this Resolution the City Council has 20 introduced and given a first reading to an ordinance entitled "Ordinance of the City of San 21 Bernardino Eliminating the Debt Incurrence Deadline for the Redevelopment Plan for the 22 Meadowbrook/Central City Redevelopment Project Area"; and 23 WHEREAS, the City is the community which adopted the Redevelopment Plan and by 24 virtue of the passage of the ordinance referenced in the preceding paragraph, the City Council is 25 authorized to make the election, pursuant to Section 33607.5(a)(2) of the CRL, to be paid the 26 amounts described in Section 33607.7(b) of the CRL with respect to the Redevelopment Plan as 27 amended by such ordinance; and 28 1 1 WHEREAS,the City Council hereby elects to be paid the amounts sets forth in the Section 2 33607.7(b) of the CRL as a statutory pass-through payment from the Agency for each fiscal year 3 the Agency collects Tax Increment pursuant to the Redevelopment Plan; and 4 WHEREAS, it the policy intent of the City Council that the amount received as a statutory 5 pass-through payment each fiscal year by the City will be appropriated for programs and activities 6 that benefit the Meadowbrook/Central City Redevelopment Project Area and support the 7 redevelopment program, as determined in the annual City budgeting process. 8 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY 9 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS 10 FOLLOWS: 11 Section 1. Subject to the ordinance referenced in the recitals of this Resolution taking 12 effect, the City Council hereby elects, pursuant to Section 33607.5(a)(2), to be paid the statutory 13 pass-through payments from the Agency for each fiscal year the Agency collects the Tax Increment 14 pursuant to the Redevelopment Plan. 15 Section 2. The City Council hereby authorizes and directs the City Manager to transmit 16 copies of this Resolution to the Agency and to take all other actions required pursuant to Section 17 33607.7(b)of the CRL to implement the election set forth in this Resolution. 18 Section 3. This Resolution shall take effect upon its adoption and execution in the 19 manner as required by the City Charter. 20 21 22 23 24 25 26 27 28 2 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ELECTING THE STATUTORY PASS- 2 THROUGH PURSUANT TO HEALTH AND SAFETY CODE SECTION 3 33607.5(a)(2) FOR THE MEADOWBROOK/CENTRAL CITY REDEVELOPMENT PROJECT 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a meeting thereof, 6 held on the day of 2010,by the following vote to wit: 7 Council Members: Ayes Nays Abstain Absent 8 MARQUEZ — 9 DESJARDINS 10 BRINKER - 11 SHORETT 12 KELLEY — 13 JOHNSON 14 MC CAMMACK 15 16 17 Rachel G. Clark,City Clerk 18 The foregoing Resolution is hereby approved this day of 12010. 19 20 Patrick J. Moms,Mayor 21 City of San Bernardino 22 Approved as to Form: 23 By: 24 James F. Penman, City Attorney 25 26 27 28 3 1 ORDINANCE NO. 2 ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY 3 OF SAN BERNARDINO ELIMINATING THE DEBT INCURRENCE DEADLINE FOR THE REDEVELOPMENT PLAN FOR THE CENTRAL 4 CITY EAST REDEVELOPMENT PROJECT AREA 5 6 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") has 7 an approved redevelopment plan for the Central City East 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 Mayor and Common Council of the City of 11 San Bernardino (the "City Council') Ordinance No. 3571, and the City has subsequently amended 12 such Redevelopment Plan by City Council Ordinance Nos. MC-563, MC- 721, MC-918, MC-1112, 13 MC-1209 and MC-1302 (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 1 1 WHEREAS, the adoption of an ordinance eliminating the Debt Incurrence Deadline is 2 exempt from the requirements of the California Environmental Quality Act ("CEQX), pursuant to 3 CEQA Guidelines Section 15378(b), because such elimination constitutes the creation of a 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: 9 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). 11 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: 13 "Pursuant to Health and Safety Code Section 33333.6(e)(2), the 14 Agency may establish loans, advances and indebtedness to be paid with the proceeds 15 of property tax increment revenues attributable to the Redevelopment Project at any 16 time prior to the termination of this Plan. Such loans, advances and indebtedness 17 18 may be repaid with the proceeds of tax increment revenues received by the Agency 19 after the termination of this Plan." 20 Section 3. The City Council finds and determines that the amendment to the 21 Redevelopment Plan as provided in this Ordinance is in compliance with CRL Section 22 33333.6(e)(2). 23 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. 26 Section 5. The Interim Executive Director of the Agency is hereby authorized and 27 directed to undertake such actions and execute such documents as may be reasonably necessary or 28 convenient to administer the actions authorized by this Ordinance. 2 PU¢eMae�RewlNiooelReed�tiooe12010�0919-10 Cen Cnv Eaa Deb[Ordio Cda 1 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. 4 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. 7 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. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 I ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ELIMINATING THE DEBT INCURRENCE 2 DEADLINE FOR THE REDEVELOPMENT PLAN FOR THE CENTRAL 3 CITY EAST 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 meeting 6 thereof, held on the day of 2010,by the following vote to wit: 7 8 Council Members: Ayes Nays Abstain Absent 9 MARQUEZ — 10 DESJARDINS — 11 BRINKER — 12 SHORETT — 13 KELLEY JOHNSON 14 MC CAMMACK — 15 16 17 Rachel G. Clark, City Clerk 18 19 The foregoing Ordinance is hereby approved this day of 12010. 20 21 22 Patrick J.Morris,Mayor City of San Bernardino 23 Approved as to Form and Legal Content: 24 25 By James F. Penman, City Attorney 26 27 28 4 C 00 1 RESOLUTION NO. `.r 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 3 OF SAN BERNARDINO ELECTING THE STATUTORY PASS-THROUGH PURSUANT TO HEALTH AND SAFETY CODE SECTION 33607.5(b) FOR 4 THE CENTRAL CITY EAST REDEVELOPMENT PROJECT 5 6 WHEREAS, Redevelopment Agency of the City of San Bernardino (the "Agency") has an 7 approved redevelopment plan for the Central City Fast Redevelopment Project (the 8 "Redevelopment Plan"), which provides for tax increment (the "Tax Increment's financing 9 pursuant to Section 33670 of the California Community Redevelopment Law, Health and Safety 10 Code Section 33000, et seq. (the"CRL"); and 11 WHEREAS, the City of San Bernardino (the "City") has adopted the Redevelopment Plan 12 by the Mayor and Common Council of the City of San Bernardino (the "Council") Ordinance No. 13 3571, and the City has subsequently amended such Redevelopment Plan by Council Ordinance 14 Nos. MC-563, MC-721, MC-918, MC-1112, MC-1209 and MC-1302 (the Redevelopment Plan as 15 adopted and subsequently amended by the Council is referred to herein as the "Redevelopment 16 Plan"); and 17 WHEREAS, concurrently with the adoption of this Resolution the Council has introduced 18 and given a first reading to an ordinance entitled "Ordinance of the City of San Bernardino 19 Eliminating the Debt Incurrence Deadline for the Redevelopment Plan for the Central City East 20 Redevelopment Project Area"; and 21 WHEREAS, the City is the community which adopted the Redevelopment Plan and, by 22 virtue of the passage of the ordinance referenced in the preceding paragraph, the Council is ! 23 authorized by Section 33607.7(b)(2) to make the election offered in Section 33607.5(b) to be paid 24 the amount described in said Section 33607.5(b) of the CRL with respect to the Redevelopment 25 Plan as amended by such ordinance; and 26 WHEREAS, the Council hereby elects to be paid the amounts sets forth in the Section 27 33607.7(b) of the CRL as a statutory pass-through payment from the Agency for each fiscal year 028 the Agency collects Tax Increment pursuant to the Redevelopment Plan; and I PAAgmduVladwiwNlec4nlam1E0IW 1740 Cm C%Fen Peu- gh MCC Rego D(C.1). O 1 WHEREAS, it is the policy intent of the Council that the amount received as a statutory 2 pass-through payment each fiscal year by the City will be appropriated for programs and activities 3 that benefit the Central City East Redevelopment Project Area and support the redevelopment 4 program, as determined in the annual City budgeting process. 5 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY 6 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS 7 FOLLOWS: 8 Section 1. Subject to the ordinance referenced in the recitals of this Resolution taking 9 effect, the Council hereby elects, pursuant to Section 33607.5(6) of the CRL, to be paid the 10 statutory pass-through payments from the Agency for each fiscal year the Agency collects the Tax 11 Increment pursuant to the Redevelopment Plan. 12 Section 2. The City Council hereby authorizes and directs the City Manager to transmit 13 copies of this Resolution to the Agency and to take all other actions required pursuant to Section 14 33607.7(b) of the CRL to implement the election set forth in this Resolution. 15 Section 3. This Resolution shall take effect upon its adoption and execution in the 16 manner as required by the City Charter. 17 18 19 20 21 22 j 23 1 24 25 /1/ 26 /l1 C27 28 2 PAAg��lomMIMM740CmhJ UyF¢Pus-IN lh MCC Rew D(C.1),d I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ELECTING THE STATUTORY PASS-THROUGH 2 PURSUANT TO HEALTH AND SAFETY CODE SECTION 33607.5(b) FOR 3 THE CENTRAL CITY EAST REDEVELOPMENT PROJECT 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a meeting 6 thereof,held on the day of 2010,by the following vote to wit: 7 Council Members: Aves Nays Abstain Absent 8 MARQUEZ _ 9 DESJARDINS 10 BRINKER 11 SHORETT _ 12 KELLEY 13 JOHNSON 14 MC CAMMACK _ 15 16 Rachel G. Clark,City Clerk 17 18 The foregoing Resolution is hereby approved this day of 2010. 19 20 21 Patrick J.Morris,Mayor 22 City of San Bernardino 23 Approved as to Form: 24 25 By: ` 26 James F.Penman, City Attorney 27 28 3 PM1geM %wolwwuVtesolutiaut3010` .1]-10 Cm City F Pmsth ugh MCC Rena D(Coat)da I RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 3 OF SAN BERNARDINO ELECTING THE STATUTORY PASS-THROUGH PURSUANT TO HEALTH AND SAFETY CODE SECTION 33607.5(a)(2) 4 FOR THE CENTRAL CITY EAST REDEVELOPMENT PROJECT 5 6 WHEREAS, Redevelopment Agency of the City of San Bernardino (the "Agency") has an 7 approved redevelopment plan for the Central City East Redevelopment Project (the 8 "Redevelopment Plan"), which provides for tax increment (the "Tax Increment') financing 9 pursuant to Section 33670 of the California Community Redevelopment Law, Health and Safety 10 Code Section 33000, et seq. (the"CRL"); and 11 WHEREAS, the City of San Bernardino (the "City") has adopted the Redevelopment Plan 12 by the Mayor and Common Council of the City of San Bernardino (the "Council') Ordinance No. 13 3571, and the City has subsequently amended such Redevelopment Plan by Council Ordinance 14 Nos. MC-563, MC-721, MC-918,MC-1112, MC-1209 and MC-1302 (the Redevelopment Plan as 15 adopted and subsequently amended by the Council is referred to herein as the "Redevelopment 16 Plan"); and 17 WHEREAS, concurrently with the adoption of this Resolution the Council has introduced 18 and given a first reading to an ordinance entitled "Ordinance of the City of San Bernardino 19 Eliminating the Debt Incurrence Deadline for the Redevelopment Plan for the Central City East 20 Redevelopment Project Area"; and 21 WHEREAS, the City is the community which adopted the Redevelopment Plan and by 22 virtue of the passage of the ordinance referenced in the preceding paragraph, the Council is 23 authorized to make the election, pursuant to Section 33607.5(a)(2), to be paid the amounts 24 described in Section 33607.7(b) of the CRL with respect to the Redevelopment Plan as amended 25 by such ordinance; and 26 WHEREAS, the Council hereby elects to be paid the amounts sets forth in the Section 27 33607.7(b) of the CRL as a statutory pass-through payment from the Agency for each fiscal year 28 the Agency collects Tax Increment pursuant to the Redevelopment Plan; and 1 1 WHEREAS, it is the policy intent of the Council that the amount received as a statutory 2 pass-through payment each fiscal year by the City will be appropriated for programs and activities 3 that benefit the Central City East Redevelopment Project Area and support the redevelopment 4 program, as determined in the annual City budgeting process. 5 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY 6 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS 7 FOLLOWS: 8 Section 1. Subject to the ordinance referenced in the recitals of this Resolution taking 9 effect, the Council hereby elects, pursuant to Section 33607.5(a)(2) of the CRL, to be paid the 10 statutory pass-through payments from the Agency for each fiscal year the Agency collects the Tax 11 Increment pursuant to the Redevelopment Plan. 12 Section 2. The City Council hereby authorizes and directs the City Manager to transmit 13 copies of this Resolution to the Agency and to take all other actions required pursuant to Section 14 33607.7(b)of the CRL to implement the election set forth in this Resolution. 15 Section 3. This Resolution shall take effect upon its adoption and execution in the 16 manner as required by the City Charter. 17 18 19 I 20 21 22 23 24 25 26 27 i 28 2 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ELECTING THE STATUTORY PASS-THROUGH 2 PURSUANT TO HEALTH AND SAFETY CODE SECTION 33607.5(a)(2) 3 FOR THE CENTRAL CITY EAST REDEVELOPMENT PROJECT 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a meeting 6 thereof, held on the day of 2010,by the following vote to wit: 7 Council Members: Ayes Nays Abstain Absent 8 MARQUEZ — 9 DESJARDINS — 10 BRINKER — 11 SHORETT 12 KELLEY 13 JOHNSON 14 MC CAMMACK — 15 16 Rachel G. Clark,City Clerk 17 18 The foregoing Resolution is hereby approved this day of 2010. 19 20 21 Patrick J. Morris,Mayor 22 City of San Bernardino 23 Approved as to Form: 24 25 By: 26 James F. Penman, City Attorney 27 28 3 I ORDINANCE NO. 2 ORDINANCE OF THE CITY OF SAN BERNARDINO ELIMINATING THE 3 DEBT INCURRENCE DEADLINE FOR THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY SOUTH REDEVELOPMENT PROJECT AREA 4 5 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") has 6 an approved redevelopment plan for the Central City South Redevelopment Project Area (the 7 "Redevelopment Plan") pursuant to the provisions of the California Community Redevelopment 8 Law (the "CRL") (Health and Safety Code Section 33000 et seq.) and the City of San Bernardino 9 (the"City")has adopted the Redevelopment Plan by the Mayor and Common Council of the City of 10 San Bernardino (the "City Council') Ordinance No. 3572, and the City has subsequently amended 11 such Redevelopment Plan by City Council Ordinance Nos. MC-564, MC-724, MC-919, MC-1104, 12 MC-1208 and MC-1301 (the Redevelopment Plan, as adopted and subsequently amended by the 13 City Council is referred to herein as the"Redevelopment Plan"); and 14 WHEREAS, the Redevelopment Plan currently provides, among other things, that until the 15 date set forth in the Redevelopment Plan (the "Debt Incurrence Deadline") the Agency has 16 authority to establish loans, advances or incur other indebtedness which is repayable from the 17 proceeds of property tax increment allocated to the Agency under the Redevelopment Plan; and 18 WHEREAS,the termination date for the Redevelopment Plan is May 3,2019; and 19 WHEREAS, pursuant to CRL Section 33333.6(e)(2), the Debt Incurrence Deadline may be 20 eliminated pursuant to an ordinance of the City Council; and 21 WHEREAS, pursuant to CRL Section 33333.6(e)(2), when adopting such an ordinance, 22 neither the City or the Agency is required to comply with CRL Sections 33354.6 or 33450 et seq., 23 or any other provision relating to an amendment of the Redevelopment Plan; and 24 WHEREAS, the Agency desires to eliminate the Debt Incurrence Deadline for the 25 Redevelopment Plan in accordance with CRL Section 33333.6; and 26 WHEREAS, subsequent to the elimination of the Debt Incurrence Deadline, the Agency 27 must make the payment to affected taxing entities as required by CRL Section 33607.7; and 28 1 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 15378(b), because such elimination constitutes the creation of a 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: 9 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). 11 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: 13 "Pursuant to Health and Safety Code Section 33333.6(e)(2), the 14 Agency may establish loans, advances and indebtedness to be paid with the proceeds 15 of property tax increment revenues attributable to the Redevelopment Project at any 16 time prior to the termination of this Plan. Such loans, advances and indebtedness 17 18 may be repaid with the proceeds of tax increment revenues received by the Agency 19 after the termination of this Plan." 20 Section 3. The City Council finds and determines that the amendment to the 21 Redevelopment Plan as provided in this Ordinance is in compliance with CRL Section 22 33333.6(e)(2). 23 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. 26 Section 5. The Interim Executive Director of the Agency is hereby authorized and 27 directed to undertake such actions and execute such documents as may be reasonably necessary or 28 convenient to administer the actions authorized by this Ordinance. 2 I 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. 4 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. 7 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. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 e.0� ..ro e..d..n.....ro.W.n......1'mrMMJ M1IO f.nrel flw CwnA Mrr llMimrceF Arc 1 ORDINANCE OF THE CITY OF SAN BERNARDINO ELIMINATING THE DEBT INCURRENCE DEADLINE FOR THE REDEVELOPMENT PLAN 2 FOR THE CENTRAL CITY SOUTH REDEVELOPMENT PROJECT AREA 3 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and 4 Common Council of the City of San Bernardino at a meeting 5 thereof,held on the day of , 2010,by the following vote to wit: 6 Council Members: Ayes Nays Abstain Absent 7 MARQUEZ — 8 DESJARDINS — 9 BRINKER 10 SHORETT 11 KELLEY — 12 JOHNSON — 13 MC CAMMACK — 14 15 Rachel G. Clark, City Clerk 16 17 18 The foregoing Ordinance is hereby approved this day of 2010. 19 20 Patrick J. Morris, Mayor 21 City of San Bernardino 22 23 Approved as to Form and Legal Content: 24 By 25 ames F. Penman, City Attorney 26 27 28 4 1 RESOLUTION NO. COPY 2 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ELECTING THE STATUTORY PASS-THROUGH 4 PURSUANT TO HEALTH AND SAFETY CODE SECTION 33607.5(b) FOR 5 THE CENTRAL CITY SOUTH REDEVELOPMENT PROJECT 6 7 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") has 8 an approved redevelopment plan for the Central City South Redevelopment Project (the 9 "Redevelopment Plan"), which provides for tax increment (the "Tax Increment') financing 10 pursuant to Section 33670 of the California Community Redevelopment Law, Health and Safety 11 Code Section 33000, et seq. (the"CRL"); and 12 WHEREAS, the City of San Bernardino (the "City") has adopted the Redevelopment Plan 13 by the Mayor and Common Council of the City of San Bernardino (the "City Council') Ordinance 14 No. 3572, and the City has subsequently amended such Redevelopment Plan by City Council ® 15 Ordinance Nos. MC-564, MC-724, MC-919, MC-1104, MC-1208 and MC-1301 (the 16 Redevelopment Plan as adopted and subsequently amended by the City Council is referred to herein 17 as the "Redevelopment Plan"); and 18 WHEREAS, concurrently with the adoption of this Resolution the City Council has 19 introduced and given a first reading to an ordinance entitled "Ordinance of the City of San 20 Bernardino Eliminating the Debt Incurrence Deadline for the Redevelopment Plan for the Central 21 City South Redevelopment Project Area"; and 22 WHEREAS, the City is the community which adopted the Redevelopment Plan, and by 23 virtue of the passage of the ordinance referenced in the preceding paragraph, the City Council is 24 authorized by Section 33607.7(b)(2) to make the election offered in Section 33607.5(b) to be paid 25 the amount described in said Section 33607.5(b) of the CRL with respect to the Redevelopment 26 Plan as amended by such ordinance; and 27 WHEREAS, the City Council hereby elects to be paid the amounts sets forth in the Section „i 28 33607.7(6) of the CRL as a statutory pass-through payment from the Agency for each fiscal year 1 P Npn&s�A Wticmaeeolulimst1 =1 17-10 Cm Cay South Po -d gh MCCR F(Co ).doc 1 the Agency collects Tax Increment pursuant to the Redevelopment Plan; and 2 WHEREAS, it the policy intent of the City Council that the amount received as a statutory 3 pass-through payment each fiscal year by the City will be appropriated for programs and activities 4 that benefit the Central City South Redevelopment Project Area and support the redevelopment 5 program, as determined in the annual City budgeting process. 6 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY 7 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS 8 FOLLOWS: 9 Section 1. Subject to the ordinance referenced in the recitals of this Resolution taking 10 effect, the City Council hereby elects, pursuant to Section 33607.5(b) of the CRL, to be paid the 11 statutory pass-through payments from the Agency for each fiscal year the Agency collects the Tax 12 Increment pursuant to the Redevelopment Plan. 13 Section 2. The City Council hereby authorizes and directs the City Manager to transmit 14 copies of this Resolution to the Agency and to take all other actions required pursuant to Section 15 33607.7(b) of the CRL to implement the election set forth in this Resolution. 16 Section 3. This Resolution shall take effect upon its adoption and execution in the 17 manner as required by the City Charter. 18 19 20 21 22 23 24 25 26 © 27 28 2 P:�AgeeOUVle�olmiaoeVlamWtiwu�S010WS1t-10 Cm City9 hPur Sh MCCR F(Coot)d I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ELECTING THE STATUTORY PASS-THROUGH 2 PURSUANT TO HEALTH AND SAFETY CODE SECTION 33607.5(b) FOR 3 THE CENTRAL CITY SOUTH REDEVELOPMENT PROJECT 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a meeting thereof, 7 held on the day of 2010, by the following vote to wit: 8 Council Members: Ayes Nays Abstain Absent 9 MARQUEZ — DESJARDINS — 10 BRINKER 11 SHORETT — 12 KELLEY 13 JOHNSON — ® 14 MC CAMMACK — 15 16 17 Rachel G. Clark, City Clerk 18 The foregoing Resolution is hereby approved this day of 2010. 19 20 21 Patrick J. Morris, Mayor City of San Bernardino 22 Approved as to Form: 23 24 By. 25 James F. Penman,City Attorney 26 • 27 28 3 P:V.gwWmLLtmWtioxWeeoWtia 010`DS174OC City South PusJrc h MCC Reno F(Co0&c 00AFT, 1 RESOLUTION NO. 2 f23CP F ��eSD RESOLUTION OF THE MAYOR AND COMMON COUNCIL 3 OF SAN BERNARDINO ELECTING THE STATUTORY PANb-THROUGH PURSUANT TO HEALTH AND SAFETY CODE SECTION 33607.5(a)(2) 4 FOR THE CENTRAL CITY SOUTH REDEVELOPMENT PROJECT 5 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 (the 8 "Redevelopment Plan"), which provides for tax increment (the "Tax Increment") financing 9 pursuant to Section 33670 of the California Community Redevelopment Law, Health and Safety 10 Code Section 33000,et seq. (the"CRL"); and 11 WHEREAS, the City of San Bernardino (the "City") has adopted the Redevelopment Plan 12 by the Mayor and Common Council of the City of San Bernardino (the "City Council") Ordinance 13 No. 3572, and the City has subsequently amended such Redevelopment Plan by City Council 14 Ordinance Nos. MC-564, MC-724, MC-919, MC-1104, MC-1208 and MC-1301 (the 15 Redevelopment Plan as adopted and subsequently amended by the City Council is referred to herein 16 as the"Redevelopment Plan"); and 17 WHEREAS, concurrently with the adoption of this Resolution the City Council has 18 introduced and given a first reading to an ordinance entitled "Ordinance of the City of San 19 Bernardino Eliminating the Debt Incurrence Deadline for the Redevelopment Plan for the Central 20 City South Redevelopment Project Area"; and 21 WHEREAS, the City is the community which adopted the Redevelopment Plan and by 22 virtue of the passage of the ordinance referenced in the preceding paragraph, the City Council is 23 authorized to make the election, pursuant to Section 33607.5(a)(2) of the CRL, to be paid the 24 amounts described in Section 33607.7(b) of the CRL with respect to the Redevelopment Plan as 25 amended by such ordinance; and 26 WHEREAS, the City Council hereby elects to be paid the amounts sets forth in the Section 27 33607.7(6) of the CRL as a statutory pass-through payment from the Agency for each fiscal year 28 the Agency collects Tax Increment pursuant to the Redevelopment Plan; and 1 I WHEREAS, it the policy intent of the City Council that the amount received as a statutory 2 pass-through payment each fiscal year by the City will be appropriated for programs and activities 3 that benefit the Central City South Redevelopment Project Area and support the redevelopment 4 program, as determined in the annual City budgeting process. 5 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY 6 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS 7 FOLLOWS: 8 Section 1. Subject to the ordinance referenced in the recitals of this Resolution taking 9 effect, the City Council hereby elects, pursuant to Section 33607.5(a)(2), to be paid the statutory 10 pass-through payments from the Agency for each fiscal year the Agency collects the Tax Increment 11 pursuant to the Redevelopment Plan. 12 Section 2. The City Council hereby authorizes and directs the City Manager to transmit 13 copies of this Resolution to the Agency and to take all other actions required pursuant to Section 14 33607.7(b) of the CRL to implement the election set forth in this Resolution 15 Section 3. This Resolution shall take effect upon its adoption and execution in the 16 manner as required by the City Charter. 17 18 19 20 21 22 23 24 25 26 27 28 2 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ELECTING THE STATUTORY PASS-THROUGH 2 PURSUANT TO HEALTH AND SAFETY CODE SECTION 33607.5(a)(2) 3 FOR THE CENTRAL CITY SOUTH REDEVELOPMENT PROJECT 4 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a meeting thereof, 6 held on the day of 2010, by the following vote to wit: 7 Council Members: Aves Nays Abstain Absent 8 MARQUEZ — 9 DESJARDINS — 10 BRINKER 11 SHORETT — 12 KELLEY — 13 JOHNSON 14 MC CAMMACK — 15 16 Rachel G. Clark,City Clerk 17 18 The foregoing Resolution is hereby approved this day of 12010. 19 20 Patrick J. Morris, Mayor 21 City of San Bernardino 22 Approved as to Form: 23 24 By. James F. Penman, City Attorney 25 26 27 28 3