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HomeMy WebLinkAboutMC-1153 Adopted: December l, 2003 Effective: January l, 2004 ORDINANCE NO. KC-ll53 2 3 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ELIMINATING THE DEBT INCURRENCE DEADLINE FOR THE REDEVELOPMENT PLAN FOR THE STATE COLLEGE REDEVELOPMENT PROJECT AREA 4 5 6 WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agency") has 7 approved the Redevelopment Plan for the State College Redevelopment Project Area pursuant 8 to the provisions of the California Community Redevelopment Law ("CRL") (Health and 9 Safety Code Section 33000 et seq.) and the City of San Bernardino (the "City") has adopted the to Redevelopment Plan for the State College Redevelopment Project Area by Mayor and 11 Common Council Ordinance No. 3067, and the City has subsequently amended such 12 Redevelopment Plan by Mayor and Common Council Ordinance No. MC-560, Mayor and 13 Common Council Ordinance No. MC-725, Mayor and Common Council Ordinance No. MC- 14 925 and Mayor and Common Council Ordinance No. MC-1146. The Redevelopment Plan for 15 the State College Redevelopment Project Area, as adopted and subsequently amended by the 16 City is referred to herein as the "Redevelopment Plan;" and 17 WHEREAS, the Redevelopment Plan currently provides, among other things, that until 18 the date set forth in the Redevelopment Plan (the "Debt Incurrence Deadline") the Agency has 19 authority to establish loans, advances or incur other indebtedness which is repayable from the 20 proceeds of property increment allocated to the Agency under the Redevelopment Plan; and 21 WHEREAS, the termination date for the Redevelopment Plan is April 27, 2010; and 22 WHEREAS, pursuant to CRL Section 33333.6(e)(2), the Debt Incurrence Deadline 23 may be eliminated pursuant to an ordinance of the Mayor and Common Council; and 24 WHEREAS, pursuant to CRL Section 33333.6(e)(2), when adopting such an ordinance, 25 neither the City or the Agency is required to comply with CRL Sections 33354.6 or 33450 et seq., or any other provision relating to an amendment of the Redevelopment Plan; and -1- P:\Agendas\Resolutions\Resolutions\2003\03-11-17 State College Debt Ordinance.doc KC-ll53 WHEREAS, the Agency desires to eliminate the Debt Incurrence Deadline for the 2 Redevelopment Plan in accordance with CRL Section 33333.6; and 3 WHEREAS, subsequent to the elimination of the Debt Incurrence Deadline, the 4 Agency must make the payment to affected taxing entities as required by CRL Section 5 33607.7; and 6 WHEREAS, the adoption of an ordinance eliminating the Debt Incurrence Deadline is 7 exempt from the requirements of the California Environmental Quality Act ("CEQA"), 8 pursuant to State CEQA Guidelines Section l5378(b), because such elimination constitutes the 9 creation of a funding mechanism and/or other governmental fiscal activity which does not 10 involve any commitment to any specific project which may result in a potentially significant 1 t physical impact on the environment. 12 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF 13 SAN BERNARDINO DO ORDAIN AS FOLLOWS: 14 Section 1. The Mayor and Common Council hereby eliminate the Debt Incurrence 15 Deadline for the Redevelopment Plan as authorized under CRL Section 33333.6(e)(2). 16 Section 2. The first sentence of Section E. 2. of the 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 20 proceeds of property tax increment revenues attributable to the Redevelopment 21 Project at any time prior to the termination of this Plan. Such loans, advances and 22 indebtedness may be repaid with the proceeds of tax increment revenues received by the Agency after the termination of this Plan." 23 Section 3. The Mayor and Common Council find and determine that the 24 amendment to the Redevelopment Plan as provided in this Ordinance is in compliance with 25 CRL Section 33333.6(e)(2). -2- P:\AgendlU\Resolutlons\Resolutlonl\2003\03-11-17 State College Debt Ordinance. doc KC-ll53 Section 4. The Redevelopment Plan, as amended by this Ordinance, shall remain in 2 full force and effect, unmodified except to the extent of the amendment expressly set forth in 3 this Ordinance. 4 Section 5. The Executive Director of the Agency is hereby authorized and directed 5 to undertake such actions and execute such documents as may be reasonably necessary or 6 convenient to administer the actions authorized by this Ordinance. 7 Section 6. If a court may determine that any provision of this Ordinance is invalid, 8 such invalid provision shall be severed from this Ordinance and the remaining provisions of 9 the Ordinance shall be given full force and effect. 10 Section 7. The Mayor and Common Council hereby authorize and direct the 11 Agency staff to prepare in accordance with CEQA a Notice of Exemption for filing with the Clerk of the County in connection with the adoption of this Ordinance. 12 13 Section 8. The City Clerk is hereby authorized and directed to cause this Ordinance to be published in a newspaper of general circulation in the manner required by law. 14 /1/ 15 /11 16 /1/ 17 11/ 18 11/ 19 /11 20 /1/ 21 11/ 22 /11 23 11/ 24 11/ 25 //1 -3- P:\Agendas\Resolutlons\Resolution5\2003\03-11-17 State College Debt Ordlnance.doc KC-ll53 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ELIMINATING THE DEBT INCURRENCE DEADLINE FOR THE REDEVELOPMENT 2 PLAN FOR THE STATE COLLEGE REDEVELOPMENT PROJECT AREA 3 4 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and joint Common Council of the City of San Bernardino at a regular meeting thereof, held on the 5 1st day of December, 2003, by the following vote to wit: 6 7 Council Members: Aves Navs -1L x x x x x -1L Abstain Absent 8 ESTRADA LONGVILLE MCGINNIS DERRY SUAREZ ANDERSON MC CAMMACK 9 10 11 12 13 14 15 ~h_~A_L Racnel G. Clark, City Clerk 16 The foregoing ordinance is hereby approved this U-day of December 17 18 19 20 Approved a 21 By: SQ..1!<$"lt City Attorne 22 23 24 25 ,2003. Judith alles, Mayor Ci San Bernardino -4- P:\Agendas\Resolutions\Resolutiom\2003\03-11-17 State College Debt Ordinance.doc