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.
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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.
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LETTERS OF COMMENT
A-5
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Letter #1
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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
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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
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Ronald E. Van Buskirk
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L.B. Marshall and E.B. Marshall
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San Francisco, CA 94117'
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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,
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Nancy;Mack1 r,
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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
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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
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