HomeMy WebLinkAboutR29-Economic Development Agency
CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY
FROM: Emil A. Marzullo
Interim Executive Director
SUBJECT:
Elimination of Debt Limits for three (3)
Redevelopment Agency of the City of San
Bernardino Project Areas
(Meadowbrook/Central City, Central City South
and Central City East Redevelopment Project
Areas)
DATE: April12,201O
Svnonsis of Previous Commission/CounciVCommittee Action!s):
On March 4, 2010 Redevelopment Committee Members Johnson, Brinker and Alternate Redevelopment Committee Member
Shorett unanimously voted to recommend that the Mayor and Common Council consider this action for approval.
Recommended Motion!s):
First Reading of Ordinances
!Mavor and Common Council)
MEADOWBROOK/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{a)(2) 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(a)(2) 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(a)(2) for the Central City South
Redevelopment Project Area.
Contact Person(s):
Mike Trout
Meadowbrook/Central City, Central
City East and Central City South
Phone:
(909) 663-1044
Project Area(s):
Ward(s):
[n and 3"
Supporting Data Attached:
Ii'] Staff Report Ii'] Resolution(s)/Ordinances 0 Agreement(s)/Contract(s) 0 Map(s) 0 Letter(s)
FUNDING REQUIREMENTS:
Amount: $
-0-
Source:
N/A
Signature: ~ Q fifi Fiscal Review: /
Emil A. Marzu1fo, Interi ecutive Director Lo
Director
.-----
Administrative Services
C~!z~:~:z:~r Nts/. -#
.fT, lft flI / () R3 b
. I /
P:\AgendasIComm [lev CommissionlCDC 2010104-19-IOElimination ofDcbt limits SR_d~
COMMISSION MEETING AGENDA
Meeting Date:
1<,2-9.
Agenda Item Number: ij?/IO
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 ABI290 and SB21 I set forth those limitations. These
lirnitations include, but are not limited to, tirne limit on length of the project plan (the "Plan") (effectiveness
date on the redevelopment plan), time period to collect tax incrernent 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 Redeveloprnent Project Areas should be
amended at that time to eliminate the debt incurrence lirnit. 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 rnanner in which the Agency discloses all of its
debt is by filing annually with the County of San Bernardino a Statement of Indebtedness (the "SOl") for
each of the Agency's Redevelopment Project Areas.
Therefore, on December I, 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
Redeveloprnent Project Area Plans.
Those Redeveloprnent Project Areas whose Redeveloprnent 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 clairn 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, SB21 I 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:lAgendas\Comm Dev Commission\CDC 2010\04-19-10 Eimination of Debt Limits SR.doc
COMMISSION MEETING AGENDA
Meeting Date: 04/19/2010
Agenda Item Number: KJ~
'1119'/1/7
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 SB2 I I :
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, 20[9
The proposed SB211 Plan Amendrnent will change the time limit to incur debt for each of the Project
Areas as noted in column G. SB211 Plan Amendrnent will not impact those taxing agencies that have pass
thru 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
SB2 I I 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: Aori112, 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 SOL Therefore, this impacts the Agency's ability to consummate new business deals, redevelop
blighted properties and to clairn 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
P:\Agendu\Comm Dev Commission\CDC 2010\04-19-10 Elimination of Debt Limits SR.doc
COMMISSION MEETING AGENDA
Meeting Date: 04/19/2010
Agenda Item Number:
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
-.-
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PIaD Adoptions:
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59llAcres
Ceolnl City East-May 3, 1916
22SAcres
Central City South-May 3, 1916
193 Acres
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1
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5
ORDINANCE NO.
ORDINANCE OF THE CITY OF SAN BERNARDINO ELIMINATING THE
DEBT INCURRENCE DEADLINE FOR THE REDEVELOPMENT PLAN .
FOR THE MEADOWBROOK/CENTRAL CITY REDEVELOPMENT
PROJECT AREA
6 WHEREAS, the Redevelopment Agency of the City of San Bemardino (the "Agency") has
7 an approved redevelopment plan for the Meadowbrook/Central City Redevelopment Project Area
8 (the "Redevelopment Plan") pursuant to the provisions of the California Community
9 Redevelopment Law (the "CRL") (Health and Safety Code Section 33000 et seq.) and the City of
10 San Bernardino (the "City") has adopted the Redevelopment Plan by Mayor and Common Council
11 of the City of Sat. Bernardino (the "City Council") Ordinance No. 2233 for Meadowbrook and by
12 Ordinance No. 2649 for Central City and merged Meadowbrook and Central City 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-9l6, MC-917, MC-I113, 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
23 WHEREAS, pursuant to CRL Section 33333.6(e)(2), the Debt Incurrence Deadline may be
24 eliminated pursuant to an ordinance ofthe 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:\A~ndas\Resolutions\Resolutions\2010\04-19.10 Mcadowbrook-<:entral City Debt Ordinance A.doc
1-3(,4
'l/19'/;P
1 WHEREAS, the Agency desires to elirninate 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 l5378(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
The City Council hereby eliminates the Debt Incurrence Deadline for the
Section 1.
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. I) Redevelopment Plan is hereby
17 amended to read as follows:
18
19
20
21
22
"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
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 fust 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:\AgendasIResolutionslRe,ollltiQos\2010\04-19-10 Meadowbrook-Central City Debt Ordinance A.doc
1
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 fmds 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
27
28
III
III
III
3
P:\Agendas\Resolutions\RelOlutioDll\20 I 0\04-19. JO Meadowbrook-CcntraI City Debt Ordinance A,doc
ORDINANCE OF THE CITY OF SAN BERNARDINO ELIMINATING THE
DEBT INCURRENCE DEADLINE FOR THE REDEVELOPMENT PLAN
FOR THE MEADOWBROOK/CENTRAL CITY REDEVELOPMENT
PROJECT AREA
1
2
3
4
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
5 Common Council of the City of San Bemardino at a
,2010, by the following vote to wit:
6 thereof, held on the day of
7 Council Members: Ayes
8 MARQUEZ
9 DESJARDINS
10 BRINKER
11 SHORETT
12 KELLEY
13 JOHNSON
14 MC CAMMACK
15
16
Nays
17
18
The foregoing Ordinance is hereby approved this
19
20
21
22 Approved as to Form and Legal Content:
23 .~
24 By:
25
26
27
28
4
P:\Agendas\Resolutions\Resolutions\20 I 0\04.19-1 0 Meadowbrook-Central city Debt Ordinance A.doc
Abstain
Absent
Rachel G. Clark, City Clerk
day of
Patrick J. Morris, Mayor
City of San Bernardino
meeting
,2010.
1
2
3
4
5
ORDINANCE NO.
ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO ELIMINATING THE DEBT INCURRENCE
DEADLINE FOR THE REDEVELOPMENT PLAN FOR THE CENTRAL
CITY EAST REDEVELOPMENT PROJECT AREA
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 Bemardino (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-l I 12,
13 MC-1209 and MC-I302 (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
4f 1(-3"C
~1I?//t7
P:\AgendasIJl..esoJutions\Resolutions\20 1 0\04-19-1 0 Central City East Debt Ordinance C.doc
1 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 153 78(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
14
15
16
"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
17
18
19
20
may be repaid with the proceeds of tax increment revenues received by the Agency
after the termination of this Plan."
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
P:~ndas\ResolutionslR.esolulionsI2010\04-19-10 Central City East Debt Ordinance C.doc
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 1D 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 III
10 III
11 III
12 III
13 III
14 II/
15 III
16 III
17 III
18 III
19 /11
20 III
21 III
22 III
23 III
24 III
25 III
26 III
27 III
28
3
P :\Agendas\Resolutions\Resolutions\20J 0\04-19.1 0 CenlraJ city East Debt Ordinance C.doc
1
2
3
4
ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO ELIMINATING THE DEBT INCURRENCE
DEADLINE FOR THE REDEVELOPMENT PLAN FOR THE CENTRAL
CITY EAST 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 Bemardino at a
meeting
day of
,2010, by the following vote to wit:
Aves
Navs
Abstain
Absent
Rachel G. Clark, City Clerk
19 The foregoing Ordinance is hereby approved this
20
21
22
day of
,2010.
Patrick 1. Morris, Mayor
City of San Bernardino
: ::pro~OO7 ~moot
25 ~, City Attomey
26
27
28
4
P :\AgcndllsIResolutionslRcsolutionsI2.0 I O\()4..19.] 0 Central City East ~bt Ordinance C.doc
1
2
3
4
5
ORDINANCE NO.
ORDINANCE OF THE CITY OF SAN BERNARDINO ELIMINATING THE
DEBT INCURRENCE DEADLINE FOR THE REDEVELOPMENT PLAN
FOR THE CENTRAL CITY SOUTH REDEVELOPMENT PROJECT AREA
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-9l9, MC-II04,
12 MC-1208 and MC-l30l (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
19
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
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
P:\AgendasIResolutionslResolutions\20 I 0\04-19-1 0 Central City South Debt Ordinance E_dot
I
1t~3~E
'//If/lt?
1 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 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:
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
The first three (3) sentences of the last paragraph of Section VI. D. of the'
Section 2.
12 Redevelopment Plan is hereby amended to read as follows:
13
14
15
16
17
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
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."
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).
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The Redevelopment Plan, as amended by this Ordinance, shall remain in full
Section 4.
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force and effect, unmodified except to the extent of the amendment expressly set forth in this
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r mance.
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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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P :\Agendas\Resolutions\Resolutions\20 1 0\04-19-1 0 Central City South Debt Ordinance E,doc
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.
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P:\Agendas\Resolutions\Resolutions\2010104-19-10 CenuaI City South Debt Ordinance E,doc
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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
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting
,2010, by the following vote to wit:
Navs
Abstain
Absent
Rachel G. Clark, City Clerk
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18 The foregoing Ordinance is hereby approved this
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day of
,2010.
Patrick 1. Morris, Mayor
City of San Bernardino
Approved as to Form and Legal Content:
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By:
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