HomeMy WebLinkAboutMC-1159
Adopted: December l, 2003
Effective: January l, 2004
ORDINANCE NO. KC-1I59
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO ELIMINATING
THE DEBT INCURRENCE DEADLINE FOR THE REDEVELOPMENT
PLAN FOR THE SOUTH VALLE REDEVELOPMENT PROJECT AREA
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WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agency") has
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approved the Redevelopment Plan for the South Valle Redevelopment Project Area pursuant to
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the provisions of the California Community Redevelopment Law ("CRL") (Health and Safety
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Code Section 33000 et seq.) and the City of San Bernardino (the "City") has adopted the
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Redevelopment Plan for the South Valle Redevelopment Project Area by Mayor and Common
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Council Ordinance No. MC-387, and the City has subsequently amended such Redevelopment
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Plan by Mayor and Common Council Ordinance No. MC-923. The Redevelopment Plan for
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the South Valle Redevelopment Project Area, as adopted and subsequently amended by the
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City is referred to herein as the "Redevelopment Plan;" and
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WHEREAS, the Redevelopment Plan currently provides, among other things, that until
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the date set forth in the Redevelopment Plan (the "Debt Incurrence Deadline") the Agency has
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authority to establish loans, advances or incur other indebtedness which is repayable from the
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proceeds of property increment allocated to the Agency under the Redevelopment Plan; and
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WHEREAS, the termination date for the Redevelopment Plan is July 9,2024; and
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WHEREAS, pursuant to CRL Section 33333.6(e)(2), the Debt Incurrence Deadline
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may be eliminated pursuant to an ordinance of the Mayor and Common Council; and
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WHEREAS, pursuant to CRL Section 33333.6(e)(2), when adopting such an ordinance,
neither the City or the Agency is required to comply with CRL Sections 33354.6 or 33450 et
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seq., or any other provision relating to an amendment of the Redevelopment Plan; and
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WHEREAS, the Agency desires to eliminate the Debt Incurrence Deadline for the
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Redevelopment Plan in accordance with CRL Section 33333.6; and
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KC-1I59
WHEREAS, subsequent to the elimination of the Debt Incurrence Deadline, the
2 Agency must make the payment to affected taxing entities as required by CRL Section
3 33607.7; and
4 WHEREAS, the adoption of an ordinance eliminating the Debt Incurrence Deadline is
5 exempt from the requirements of the California Environmental Quality Act ("CEQA"),
6 pursuant to State CEQA Guidelines Section l5378(b), because such elimination constitutes the
7 creation of a funding mechanism and/or other governmental fiscal activity which does not
8 involve any commitment to any specific project which may result in a potentially significant
9 physical impact on the environment.
10 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF
11 SAN BERNARDINO DO ORDAIN AS FOLLOWS:
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Section I.
The Mayor and Common Council hereby eliminate the Debt Incurrence
13 Deadline for the Redevelopment Plan as authorized under CRL Section 33333.6(e)(2).
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Section 2.
The first paragraph of Section VI D. 2, of the Redevelopment Plan is
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hereby amended to read as follows:
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"Pursuant to Health and Safety Code Section 33333.6(e)(2), the
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Agency may establish loans, advances and indebtedness to be paid with the
proceeds of property tax increment revenues attributable to the Redevelopment
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Project at any time prior to the termination of this Plan. Such loans, advances and
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indebtedness may be repaid with the proceeds of tax increment revenues received
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by the Agency after the termination of this Plan."
Section 3.
The Mayor and Common Council find and determine that the
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amendment to the Redevelopment Plan as provided in this Ordinance is in compliance with
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CRL Section 33333.6(e)(2).
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KC-1I59
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.
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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.
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Section 6.
If a court may determine that any provision of this Ordinance is invalid,
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such invalid provision shall be severed from this Ordinance and the remaining provisions of
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the Ordinance shall be given full force and effect.
Section 7.
The Mayor and Common Council hereby authorize and direct the
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Agency staff to prepare in accordance with CEQA a Notice of Exemption for filing with the
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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
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to be published in a newspaper of general circulation in the manner required by law.
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KC-1I59
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO ELIMINATING
THE DEBT INCURRENCE DEADLINE FOR THE REDEVELOPMENT
PLAN FOR THE SOUTH VALLE REDEVELOPMENT PROJECT AREA
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I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a regular meeting thereof, held on the
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1st day of December, 2003, by the following vote to wit:
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Council Members: Aves Navs Abstain Absent
ESTRADA -1L
LONGVILLE x
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MCGINNIS x
DERRY ~
SUAREZ X
ANDERSON -"'--
MC CAMMACK ~
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~h.~
Rac el G. Clark, City Clerk
The foregoing ordinance is hereby approved this Uday of December
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,2003.
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({~
lies, Mayor
an Bernardino
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Approved a
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By:
21 ,It.,aI(J', City Attorney
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