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HomeMy WebLinkAboutCC Resolution 10682 (Fair Isaac)CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLUTION NO. 10682 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING EXECUTION AND IMPLEMENTATION BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN RAFAEL OF A CONSENT AND AGREEMENT RELATING TO AND AMENDING THE OWNER PARTICIPATION, DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE SAN RAFAEL REDEVELOPMENT AGENCY AND FAIR, ISAAC AND COMPANY, INC. BE IT RESOLVED by the Members of the City Council of the City of San Rafael as follows: WHEREAS, the City Council has adopted the Amended and Restated Redevelopment Plan for the Central San Rafael Redevelopment Project (the "Redevelopment Plan") on October 16, 1989, by Ordinance No. 1572; and WHEREAS, the San Rafael Redevelopment Agency (the "Agency") is vested with responsibility pursuant to the Community Redevelopment Law (Health and Safety Code Section 33000 et seq.) (the "Law") to implement the Redevelopment Plan in the Project Area; and WHEREAS, the Agency has entered into an Owner Participation, Disposition and Development Agreement dated May 18, 1998 with the Fair,Isaac and Company, Inc. ("Fair, Isaac") which agreement was amended by the First Amendment to Owner Participation, Disposition and Development Agreement dated September 7,1999 (collectively the "OPDDA"); the OPDDA provides for Agency sale of certain property in the Project Area to Fair,Isaac or a related entity (which sale has already occurred) and subsequent development of the property conveyed and adjoining property (the "Development Site") for office uses (the "Office Project"); and WHEREAS, Fair,Isaac has proposed selling the Development Site and assigning its rights under the OPDDA to San Rafael Corporate Center, L.L.C. ("Wilson"), an entity related to Wilson/Equity Office, Inc.; and WHEREAS, the City and Agency staff have negotiated the terms and conditions for the Agency's consent to the conveyance of the Development Site to Wilson and assignment of the rights under the OPDDA to Wilson as well as certain minor amendments to the OPDDA necessitated by the conveyance and assignment to Wilson which terms and conditions and amendments are set forth in the proposed Consent and Amendment presented to the City Council in connection with consideration of this Resolution and on file with the City Clerk; and 1dI1n1\1 3d7W1 I ORIGINAL o u'v WHEREAS, the staff has prepared an Addendum (the "Addendum") to the Final Environmental Impact Report (the "FEIR") prepared in connection with the approval of the OPDDA and the Office Project which Addendum analyzes the minor changes to the Office Project contemplated by the Consent and Agreement and related actions of the Agency and the City and is attached hereto as Exhibit A; and WHEREAS, the City Council and the Agency previously approved the Agency's execution of the OPDDA and made the findings required by Section 33433 of the Law regarding the disposition of the property by the Agency pursuant to the OPDDA (the "OPDDA Findings"), which are incorporated in this Resolution by this reference; and WHEREAS, because the Consent and Agreement does not change the purchase price for the property the Agency has conveyed or increase the costs of the OPDDA to the Agency, the OPDDA Findings remain valid and applicable for the OPDDA as amended by the Consent and Agreement, and no further findings are required by the City Council or the Agency pursuant to Section 33433 of the Law in connection with the Consent and Agreement; and WHEREAS, on August 7,2000, the City Council and the Agency held a duly noticed public hearing to consider the proposed Consent and Agreement. NOW, THEREFORE, IT IS HEREBY RESOLVED as follows: Section 1. The City Council hereby approves the Addendum and finds and determines, based on the information contained in the Addendum and other information presented by the staff and the public at the public hearing showing the minor nature of the proposed changes in the Office Project, the absence of change in the circumstances in which the Office Project is being undertaken and the absence of new information regarding the environmental effects of the Office Project, that no subsequent or supplemental environmental analysis is necessary in connection with the Consent and Agreement and related actions of the Agency and City, because (i) there will be no substantial changes in the Office Project which will require major changes to the FEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified environmental effects, (ii) there have been no substantial changes in the circumstances under which the Office Project is undertaken which will require major revisions of the FEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified environmental effects, and (iii) no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the FEIR was certified as complete, shows that the Office Project will have one or more significant effects not discussed in the FEIR, significant effects previously examined will be substantially more severe than shown in the FEIR, mitigation measures or alternatives previously found not to be feasible would in fact be feasible and substantially reduce one or more significant effects of the Office Project, or mitigation measures or alternatives which are considerably different from those analyzed in the FEIR would substantially reduce one or more significant effects on the environment. Section 2. The City Council hereby approves the Consent and Agreement. 1A1%n1%14d7F4 1 Section 3. This Resolution shall take immediate effect from and after its passage and approval. I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, hereby certify that the foregoing was duly and regularly introduced and adopted at a special joint meeting of said City Council and the Redevelopment Agency of the City of San Rafael held on the seventh day of August 2000, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller and Mayor B.oro NOES: COUNCILMEMBERS: None ABSENT/ COUNCILMEMBERS: Phillips (due to conflict of interest) DISQUALIFIED: ABSTAIN: COUNCILMEMBERS: None JJEA,ls M. LEONCIhII, City Clerk 1d1%ni%i 7d7F4 1