Loading...
HomeMy WebLinkAboutCC Resolution 10316 (Central SR Redevelpment Plan)RESOLUTION NO. 10316 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADOPTING WRITTEN FINDINGS AND RESPONSES TO WRITTEN COMMENTS OR OBJECTIONS RECEIVED IN CONNECTION WITH CONSIDERATION OF THE SECOND AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE CENTRAL SAN RAFAEL REDEVELOPMENT PROJECT IN ACCORDANCE WITH THE PROVISIONS OF HEALTH AND SAFETY CODE SECTION 33363 WHEREAS, the San Rafael Redevelopment Agency (the "Agency") has prepared and submitted to the City Council of the City of San Rafael (the "City Council"), for the City Council's consideration, the Second Amended and Restated Redevelopment Plan for the Central San Rafael Redevelopment Project (the "Amended Plan"); and WHEREAS, in connection with consideration of the Amended Plan, the City Council and the Agency conducted and completed a duly noticed special joint public hearing on September 8, 1998 pursuant to the requirements of Health and Safety Code Sections 33355, 33360, 33451, and 33454; and WHEREAS, at or prior to the special joint public hearing, the City Council and the Agency received certain written comments or objections to the Amended Plan, which written comments or objections are set forth in Part II of that certain document entitled "Second Amended and Restated Redevelopment Plan for the Central San Rafael Redevelopment Project: Written Findings and Responses Pursuant to Health and Safety Code Section 33363," which document is attached to this Resolution as Exhibit A, incorporated herein by this reference, and hereinafter referred to as the "Findings"; and WHEREAS, Part III of the Findings contains the City Council's and Agency's written findings and responses to the above described written comments or objections, which written findings and responses have been prepared and considered by the City Council and the Agency in connection with consideration of adoption of the Amended Plan, all in accordance with the provisions of Health and Safety Code Section 33363; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby finds and certifies that the Findings have been prepared in compliance with the provisions of Health and Safety Code Section 33363; that the Findings adequately address the written comments or objections received by the City Council and the Agency in connection with the Amended Plan; and that the City Council has reviewed and considered the information contained in the Findings prior to approving each of the Amended Plan. BE IT FURTHER RESOLVED AND ORDERED that the Findings set forth in the attached Exhibit A are hereby approved and adopted as, and shall constitute, the written findings and responses of the City Council with respect to each of the Amended Plan required by Health and Safety Code Section 33363. 141\11\113892.1 1 b BE IT FURTHER RESOLVED AND ORDERED that this Resolution shall become effective immediately upon its passage and adoption. I, Jeanne M. Leoncini, Clerk of the City of San Rafael hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on Monday, the 21st day of September, 1998, by the following vote, to wit: AYES: Councilmembers: Cohen, Heller, Miller and Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: Phillips ABSTAIN: Councilmembers: None ai Je a Leoncini, City Clerk 141\11\113892.1 2 EXHIBIT A SECOND AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE CENTRAL SAN RAFAEL REDEVELOPMENT PROJECT WRITTEN FINDINGS AND RESPONSES PURSUANT TO HEALTH AND SAFETY CODE SECTION 33363 City Council of the City of San Rafael September 21, 1998 A-1 T. PURPOSE The San Rafael Redevelopment Agency (the "Agency") has prepared, and the City Council of the City of San Rafael (the "City Council") is considering for adoption, the Second Amended and Restated Redevelopment Plan for the Central San Rafael Redevelopment Project (the "Amended Plan"). On September 8, 1998, the Agency and the City Council conducted a duly noticed special joint public hearing on the Amended Plan in accordance with the requirements of Health and Safety Code Sections 33355, 33360, 33451, and 33454. At or prior to the special joint public hearing, the Agency and the City Council received certain written comments or objections to the Amended Plan. Those written comments or objections are listed in Part II and set forth in full in Appendix I of this document. Health and Safety Code Section 33363 states: "At the hour set in the notice required by Section 33361 for hearing objections, the legislative body shall proceed to hear all written and oral objections. Before adopting the Plan, the legislative body shall evaluate the report of the Agency, the report and recommendation of the project area committee, and all evidence and testimony for and against the adoption of the plan and shall make written findings in response to each written objection of an affected property owner or taxing entity. The legislative body shall respond in writing to the written objections received before or at the noticed hearing, including any extensions thereof, and may additionally respond to written objections that are received after the hearing. The written responses shall describe the disposition of the issues raised. The legislative body shall address the written objections in detail, giving reasons for not accepting specified objections and suggestions. The legislative body shall include a good faith, reasoned analysis in its response and, for this purpose, conclusionary statements unsupported by factual information shall not suffice. " This document constitutes the written findings and responses of the City Council, as the legislative body of the City of San Rafael, prepared and adopted in accordance with the requirements of Health and Safety Code Section 33363. Specifically, Part III and Appendix 2 below contain the City Council's written findings and responses to the written comments or objections set forth in Part II and Appendix I. Each substantive comment or objection listed in Part II and set forth in Appendix I has been assigned a reference identification number in the margin. The City Council's written findings and responses to each substantive comment or objection are set forth and organized in Part III and Appendix 2 according to those reference identification numbers. A-2 These findings incorporate other documents which are part of the record of adoption of the Amended Plan. These documents are listed below and are incorporated within these findings as supporting evidence by this and subsequent references: A. The Amended Plan; B. The Report on the Second Amended and Restated Redevelopment Plan for the Central San Rafael Redevelopment Project [including all supplements], dated September 8, 1998 (the "Report on the Amended Plan"); C. The resolution prepared for consideration on September 21, 1998, concurrently with this resolution (including the attached Exhibit) entitled: "A Resolution of the City Council of the City of San Rafael Making Findings Required by the California Environmental Quality Act, in the Approval and Adoption of the Second Amended and Restated Redevelopment Plan for the Central San Rafael Redevelopment Project" (the "City CEQA Resolution"); D. The Environmental Checklist dated July 1, 1998 prepared for the Amended Plan; E. Documentary and oral evidence received by the City of San Rafael Planning Commission, the Agency and the City Council during public hearings and meetings on the Amended Plan and the environmental documentation including, without limitation, staff reports submitted to the City Council and Agency at the September 8, 1998 special joint public hearing on the Amended Plan; and F. Matters of common knowledge to the City Council and the Agency which they have considered, such as the City of San Rafael General Plan, and prior resolutions and ordinances of the Agency and the City. II. WRITTEN COMMENTS AND OBJECTIONS Written comments or objections to the Amended Plan were received directly by the City or Agency from the following persons: Letter #1: Letter dated August 18, 1998 from L.B. Marshall and E.B. Marshall 2. Letter #2: Letter dated September 3, 1998 from Ronald E. Van Buskirk 3. Letter #3: Letter dated September 9, 1998 from L.B. Marshall and E.B. Marshall The above letters are set forth in their entirety in Appendix 1 to this Exhibit A. A-3 III. WRITTEN FINDINGS AND RESPONSE OF CITY COUNCIL 1. Letter #1 Comment: The commenters object to the inclusion of graffiti removal and abatement authority in the Amended Plan. Response: See Response A, attached in its entirety in Appendix 2 to this Exhibit A. In summary, the response states that the Amended Plan is general in nature, and although no graffiti removal is needed at this time, the Agency wishes to have the ability to do so in the event the need arises in the future. Finding,: Based on the foregoing, the City Council finds and determines that the comment is noted and has been adequately addressed during the Amended Plan process, and on this basis and for the reasons stated in Response A, the City Council overrules the above comment. 2. Letter #2 Comment: This commenter wishes to confirm whether his property is located inside or outside of the redevelopment project area. Response: See Response B, attached in its entirety in Appendix 2 to this Exhibit A. Briefly, the response clarifies that the commenter's property is located outside the redevelopment project area. Finding: Based on the foregoing, the City Council finds and determines that the comment is noted and has been adequately addressed during the Amended Plan process, and hereby find no further action is necessary to address the above comment. 3. Letter #3 Comment: This commenter objects to the Plan Amendment. Response: Comment noted. Finding: The City Council hereby finds and determines that the Amended Plan is in the best interest of the community and project area residents because it provides the Agency with additional tools, such as remediation of hazardous wastes, extension of the deadline to commence eminent domain proceedings, and others, which allow the Agency to continue to alleviate remaining blight in the project area. For these reasons, the City Council overrules the above objections. A-4 LETTERS OF COMMENT A-5 N Letter #1 O •. r MOHS786 Haight St., San Francisco, California 94117 August 18, 1998 Dear City Council: We object to the proposed Graffitti Removal/Abatement. and do not feel that this time. Since , L.B. arshall, E.B. Marshall AUG 2 6 1998 Redevelopment Agency X M n b 1 JJ M H ►C c� r (415) 252-7277 Ammended Plan having to do with Our area does not have this problem Ammendment Plan is needed at this MEDICAL OFFICES HEALTH SERVICES, INC. (415) 252-7177 • Fax (415) 552-7943 Letter #2 � onald E. Van Buskirk 235 Montgomery ►Streef, 121h door San Francisco, CA 94104 (415) 983-1496 Telephone (415) 983-1200 Facsimile September 3, 1998 Mr. Jake Ours Assistant Executive Direct Redevelopment Agency City of San Rafael 1313 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 Re: 11 Madeline Lane Dear Mr. Ours: SEP 4 1998 ROdev topment Agency On August 4, 1998, I received in the mail a notice to property owners and occupants regarding certain proposed actions of the San Rafael Redevelopment Agency. The notice states that "You own or occupy property within the Project Area boundary." In looking at the attached map showing the Redevelopment boundary, I could not determine whether or not our property is located within this area. Generally, the redevelopment area boundary appears to be southerly of San Pedro Road; whereas our property on Madeline Lane is north of San Pedro Road and is in no way associated with the purposes of redevelopment. We are located entirely in a residential area surro=.ended by the unirccrporatad Country Club area of the County, and have no relationship or bearing to redevelopment of former industrial or other sites south of San Pedro Road. I would like to clarify either that our property is not located within the Redevelopment area; or if so, to determine the reasons therefor. Thank you for your attention to this request. Very truly yours, IC04 V Ronald E. Van Buskirk M20s20 ti��j.�• •`�I�;7}r3S/•'•fi` juh�,,':y.�::,�,,�(�ryR.`:� •� ;I!;' + . CITY•QF'': ' • � ' RedevelopmentAg . ,:,i;�AF• .. ,,�' Far •.C�.Y �. 199 Le�te� 3 '',�:+d; ki Chairman Albert J Goro AgancyMembers cy Paul M• Cohen Ra are Hellas s, Gyr N. Miller [;' , p l Gary O, Phillips ees�tt ::y1•..i!,t •• August 28, 1998 L.B. Marshall and E.B. Marshall `' =786 Haight'Street = ,;:. �R :� .__• • Q v Vit; . San Francisco, CA 94117' fer l'ARe: Redevelopment Plan Amendment: Your leated August 18, 1998. a .' Dear Mr. and Ms: Marshall I am in`receipt'of your•letter dated August 18, 1998 regarding your objection to the inclusion of graffiti removal/abatement activities in the Redevelopment Plan Amendment. ..The Amended Redevelopment Plan is.a general guide and does not specify a particular area'for,the,removal of gt'af iti. 'Nor 'does llie Plan identify any funding for the creation of such an abatement program. With regard to graffiti, it is *the'intention of the Amendment Plan to indicate that the Agency ` would be.able to. address the issue if and when a particular graffitiproblem arose and if the funding were allocated to a •program. Please call me at 485-3460 if you have any questions or need additional information. Very Tr it Yours•.' ', ' ':'' " :, ,��c, a. Nancy;Mack1 r, +':�-,. �• : ;[,. ;fir {: +;i; Ctj �+ •: ter.: ' t,r /Senior.DevelopmedSpeClalist:4' •,,: �•'Fti7 I lti'I•:,�•'Cjl: i`'��+''�.'''':'•Ifi'"i �.,,' ..,'r�" .. ,�i. Ip��•.1:. :V! JC•i �' ` 7'•�.. * ' cc.Take Ours, Economic Dpyelopment Director City.eouncilnieinbers, _r : ;"�, :`�'''•::; nmVia' l rep 1a�PIanflhall.la - - • — .. -W n cw cen OAAI DACArl rA .4Q47 ri •I 4AI7 APPENDIX 2 RESPONSES TO COMIlVIENTS 141\11\113896.1 A-% Response A CITY OF Chairman 0 6t 4tAlbeft J. Boro Agency Members Redevelopment Agency Paul M. Cohen Barbara Heller Cyr N. Miller Gary D. Phillips August 28, 1998 L.B. Marshall and E.B. Marshall 786 Haight Street San Francisco, CA 94117 Re: Redevelopment Plan Amendment: Your letter dated August 18, 1998 Dear Mr. and Ms. Marshall: I am in receipt of your letter dated August 18, 1998 regarding your objection to the inclusion of graffiti removal/abatement activities in the Redevelopment Plan Amendment. The Amended Redevelopment Plan is a general guide and does not specify a particular area for the removal of graffiti. Nor does the Plan identify any funding for the creation of such an abatement program. With regard to graffiti, it is the intention of the Amendment Plan to indicate that the Agency would be able to address the issue if and when a particular graffiti problem arose and if the funding were allocated to a program. Please call me at 485-3460 if you have any questions or need additional information. Very Truly Yours, Lf-'* Nancy Mackle Senior Development Specialist cc Jake Ours, Economic Development Director City Councilmembers nm\plans-rcports\planamend\.marshall.l tr �393Fi�i►�evc vn any 1aeX;an VA At I7RCwr1 -A f1I--- i---- Response B CITY OF Chairman Albert J. Baro Agency Members Redevelopment Agency Paul M. Cohen Barbara Heller Cyr N. Miller Gary 0. Phillips September 8, 1998 Mr. Ronald E. Van Buskirk 235 Montgomery Street, 12" floor San Francisco, CA 94104 . Re: Your letter dated September 3, 1998 regarding the Redevelopment Agency Plan Amendment Dear Mr. Van Buskirk: As I discussed with you by phone today, I want to confirm that Madeline Lane is not included in the San Rafael Redevelopment Agency project area. Our mass mailing efforts of the legal notice unfortunately spilled out to areas slightly beyond the project area boundaries and I apologize for any confusion this may have caused for you or your neighbors. Please call me at 485-3460 if you have any questions or need additional information. Very Truly Yours, Nancy Mac le Senior Development Specialist nm\plans-m-ports/vanbuskirk.ltr I• y , mL NNNNNNNN _ �1 i �Nw1�MIWI�NMNMItM1�IMNN\INN�MI�IMNNINM�WNNN�MMNI�WNNNNMMNMNNN� •. {.i.... .. ��.`1 •1 1 � i _ .. -__ -_ -5- ....—-_.._-. __ •" -• t / � ` � l\` .. , sir i;!;�i r' T.. .�`: bbl f•, „ ,<%'f�'�,. 2 \y. AI r pq ZAK Y� °°,7tG -r Z - E e 0 s