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HomeMy WebLinkAboutMC-1157 ) Adopted: December l, 2003 Effective: Jauuary l, 2004 ORDINANCE NO. KC-1I57 2 3 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ELIMINATING THE DEBT INCURRENCE DEADLINE FOR THE REDEVELOPMENT PLAN FOR THE NORTHWEST REDEVELOPMENT PROJECT AREA 4 5 WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agency") has 6 approved the Redevelopment Plan for the Northwest Redevelopment Project Area pursuant to 7 the provisions of the California Community Redevelopment Law ("CRL") (Health and Safety 8 Code Section 33000 et seq.) and the City of San Bernardino (the "City") has adopted the 9 Redevelopment Plan for the Northwest Redevelopment Project Area by Mayor and Common 10 Council Ordinance No. MC- 189, and the City has subsequently amended such Redevelopment 11 Plan by Mayor and Common Council Ordinance No. MC-922. The Redevelopment Plan for 12 the Northwest Redevelopment Project Area, as adopted and subsequently amended by the City 13 is referred to herein as the "Redevelopment Plan;" and 14 WHEREAS, the Redevelopment Plan currently provides, among other things, that until 15 the 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 increment allocated to the Agency under the Redevelopment Plan; and 18 WHEREAS, the termination date for the Redevelopment Plan is July 6, 2022; and 19 WHEREAS, pursuant to CRL Section 33333.6(e)(2), the Debt Incurrence Deadline 20 may be eliminated pursuant to an ordinance of the Mayor and Common Council; and 2\ 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 23 seq., 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 -1- P:\Agendas\Resolutlons\ResolutionsU003\03-11-17 Northwest Debt Ordlnance.doc KC-1I57 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WHEREAS, subsequent to the elimination of the Debt Incurrence Deadline, the Agency must make the payment to affected taxing entities as required by CRL Section 33607.7; and WHEREAS, the adoption of an ordinance eliminating the Debt Incurrence Deadline is exempt from the requirements of the California Environmental Quality Act ("CEQA"), pursuant to State CEQA Guidelines Section 153 78(b), because such elimination constitutes the creation of a funding mechanism and/or other governmental fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: Section 1. The Mayor and Common Council hereby eliminate the Debt Incurrence Deadline for the Redevelopment Plan as authorized under CRL Section 33333.6(e)(2). Section 2. The first sentence of the second to the last paragraph of Section VI (B) ofthe Redevelopment Plan is hereby amended to read as follows; "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 3. The Mayor and Common Council find and determine that the amendment to the Redevelopment Plan as provided in this Ordinance is in compliance with CRL Section 33333.6(e)(2). Section 4. The Redevelopment Plan, as amended by this Ordinance, shall remain in full force and effect, unmodified except to the extent of the amendment expressly set forth in -2- P:\Agendas\Resolutions\Resolutions\2003\Ol-1 t-17 Northwest Debt Ordlnance.doc KC-1I57 this Ordinance. Section 5. The Executive Director of the Agency is hereby authorized and directed to undertake such actions and execute such documents as may be reasonably necessary or convenient to administer the actions authorized by this Ordinance. Section 6. If a court may determine that any provision of this Ordinance is invalid, such invalid provision shall be severed from this Ordinance and the remaining provisions of the Ordinance shall be given full force and effect. Section 7. The Mayor and Common Council hereby authorize and direct the 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. 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. 2 3 4 5 6 7 8 9 10 11 12 III 13 11/ 14 11/ 15 III 16 11/ 17 /11 18 11/ 19 11/ 20 III 21 III 22 /11 23 III 24 11/ 25 III -3- P:\Agendas\Resolutions\Resolutlons\2003\03-11-17 Northwest Debt Ordlnante.doe . KC-1I57 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ELIMINATING THE DEBT INCURRENCE DEADLINE FOR THE REDEVELOPMENT PLAN FOR THE NORTHWEST REDEVELOPMENT PROJECT AREA 3 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 re~ular meeting thereof, held on the 4 5 1st day of December, 2003, by the following vote to wit: 6 Abstain Absent Council Members: Aves Navs X x X -1L- ~ -1L- ~ 7 ESTRADA LONGVILLE MCGINNIS DERRY SUAREZ ANDERSON MC CAMMACK 8 9 10 11 12 13 14 ~h.~ Rac el G. Clark, CIty Clerk The foregoing ordinance is hereby approved this ~ day of December ,2003. 15 16 17 18 19 Approved a 20 By: S,z..A<iIli)City Attorney 21 22 23 24 25 -4- P:\Agendas\Resolutlons\ResolutioDs\2003\03-11-17 Northwest Debt Ordinante.doc