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HomeMy WebLinkAboutMC-1325 Adopted: June 7, 2010 Effective: July 8, 2010 I ORDINANCE NO. MC-1325 2 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 ORDINANCE OF THE CITY OF SAN BERNARDINO ELIMINATING THE DEBT INCURRENCE DEADLINE FOR THE REDEVELOPMENT PLAN FOR THE MEADOWBROOK/CENTRAL CITY REDEVELOPMENT PROJECT AREA WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") has an approved redevelopment plan for the Meadowbrook/Central City Redevelopment Project Area (the "Redevelopment Plan") pursuant to the provisions of the California Community Redevelopment Law (the "CRL") (Health and Safety Code Section 33000 et seq.) and the City of San Bernardino (the "City") has adopted the Redevelopment Plan by Mayor and Common Council of the City of San Bernardino (the "City Council") Ordinance No. 2233 for Meadowbrook and by Ordinance No. 2649 for Central City and merged Meadowbrook and Central City by Ordinance No. 3683; and WHEREAS, the City has subsequently amended such Redevelopment Plan by City Council Ordinance Nos. 3683, MC-558, MC-559, MC-723, MC-9l6, MC-9l7, MC-II13, MC-1207 and MC-1300 (the Redevelopment Plan as adopted, merged and subsequently amended by the City Council is referred to herein as the "Redevelopment Plan"); and WHEREAS, the Redevelopment Plan currently provides, among other things, that until the 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 22 23 proceeds of property increment allocated to the Agency under the Redevelopment Plan; and 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 24 25 26 27 28 eliminated pursuant to an ordinance of the City Council; and 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 seq., or any other provision relating to an amendment of the Redevelopment Plan; and I P:\Agendas\Resolutions\Re$Olulion~\2010\05-11-10 Meadowbrook-Central City Debt OJdinan<<: A (Con't)dol: MC-1325 I 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 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 15378(b), because such elimination constitutes the creation ofa 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 Section I. The City Council hereby eliminates the Debt Incurrence Deadline for the 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.1) Redevelopment Plan is hereby 17 amended to read as follows: 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 20 of property tax increment revenues attributable to the Redevelopment Project at any 21 22 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 first 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:\AgcndasIResolutions\Re$OlutionsI201010S-17-10 Mcadowbrook-Cenlral City Debt Ordinance A (Con't)doc MC-1325 I 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 finds 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 III 27 III 28 III 3 P:\AgcnduIResolutions\R.e$OlulionsUOIO\05-17-1O Mcadowbrook-Central City Debt Ordinance A (Con't)doc I 2 3 4 MC-1325 ORDINANCE OF THE CITY OF SAN BERNARDINO ELIMINATING THE DEBT INCURRENCE DEADLINE FOR THE REDEVELOPMENT PLAN FOR THE MEADOWBROOK/CENTRAL CITY 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 Bernardino at a ioint regular 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 --.lL 9 DESJARDINS ----X- 10 BRINKER X 11 SHORETT -L 12 KELLEY X 13 JOHNSON -L 14 MC CAMMACK -L 15 R~~~C&Cl~ 16 18 The foregoing Ordinance is hereby approved this 17 19 20 21 jln< day of June ,2010. ~ . Morris, May an Bernardino 22 Approved as to Form and Legal Content: 23 24 By: 25 26 27 28 4 p:\AgcndasIRcr.oIUlions\Rcsolutions\2010\05-17-10 Meadowbrook-Central Cil)' Debt Ordinance A (Con't)doc