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HomeMy WebLinkAboutMC-1327 Adopted: June 7, 2010 Effective: July 8, 2010 I 2 3 ORDINANCE OF THE CITY OF SAN BERNARDINO ELIMINATING THE DEBT INCURRENCE DEADLINE FOR THE REDEVELOPMENT PLAN 4 FOR THE CENTRAL CITY SOUTH REDEVELOPMENT PROJECT AREA ORDINANCE NO. MC-1327 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 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 the Mayor and Common Council of the City of II San Bernardino (the "City Council") Ordinance No. 3572, and the City has subsequently amended 12 such Redevelopment Plan by City Council Ordinance Nos. MC-564, MC-724, MC-9I9, MC-l 104, 13 MC-I208 and MC-I30I (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 I P:\Agendas\Resolutions\R.esolutions\2010\OS_)7_jO C('ntra] City Soulh Debt Ordinance E (Con't) doc MC-1327 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 I 5378(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 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 "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 15 16 17 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 18 19 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). 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:\AgendaslResolutionslResolutions\2010\OS-17-10 Central City South Ddlt Ordinance E (Con't) doc MC-1327 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 III 10 II/ 11 III 12 III 13 1/1 14 III 15 III 16 III 17 III 18 III 19 III 20 III 21 1/1 22 III 23 III 24 III 25 1/1 26 III 27 III 28 III 3 P:\Agendas'Resolutions\ResolutionsI2010105.17-10 CC'IIlral City South Debt Ordinance E (Con't)doc MC-1327 I 2 3 ORDINANCE OF THE CITY OF SAN BERNARDINO ELIMINATING THE DEBT INCURRENCE DEADLINE FOR THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY SOUTH 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 ioint re~ular meeting 6 thereof, held on the 7th day of June ,2010, by the following vote to wit: 7 Council Members: Aves Navs Abstain Absent 8 MARQUEZ -L 9 DESJARDINS x 10 BRINKER --.lL 11 SHORETT ----X- 12 KELLEY X 13 JOHNSON -L MC CAMMACK -L 14 15 ~~I.:t. ~ 16 Rachel G. Clark, City Clerk 17 18 The foregoing Ordinance is hereby approved this ~day of 19 June ,2010. 20 ( 21 22 23 Approved as to Form and Legal Content: 24 25 By: 26 27 28 4 P:\Agendu\RcloOlutions\Rcsolutions\2010105.17.\O Central City South Debt Ordinance E (Con't) doc