HomeMy WebLinkAboutOrdinance 1776 (Central SR Redevelopment Project)CLERK'S CERTIFICATE
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -officio Clerk of the
Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1776 entitled:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL ADOPTING AN AMENDMENT TO THE SECOND AMENDED
AND RESTATED REDEVELOPMENT PLAN FOR THE CENTRAL SAN
RAFAEL REDEVELOPMENT PROJECT AREA PURSUANT TO HEALTH
AND SAFETY CODE SECTION 33333.6(e)(2), AND AMENDING
RELATED ORDINANCES IN CONNECTION THEREWITH"
is a true and correct copy of an Ordinance of said City and was introduced at a REGULAR
meeting of the City Council of the City of San Rafael, held on the 19th day of February, 2002,
published as required by City Charter in the MARIN INDEPENDENT JOURNAL, a newspaper
published in the City of San Rafael, and passed and adopted as an Ordinance of said City at a
REGULAR meeting of the City Council of said City held on the 4th day of March, 2002, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Cohen
WITNESS my hand and the official
seal of the City of San Rafael this
5'' day of March, 2002
(Seal)
JE E M. LEONCINI, City Clerk
RECORDED AT REQUEST OF:
SAN RAFAEL REDEVELOPMENT AGENCY
WHEN RECORDED RETURN TO:
Goldfarb & Lipman
1300 Clay Street, Ninth Floor
Oakland, CA 94612
Attn: Lynn Hutchins
NO RECORDING FEE PURSUANT TO
GOVERNMENT CODE SECTION 27383
ORDINANCE NO. 1776
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
ADOPTING AN AMENDMENT TO THE SECOND AMENDED AND RESTATED
REDEVELOPMENT PLAN FOR THE CENTRAL SAN RAFAEL REDEVELOPMENT
PROJECT AREA PURSUANT TO HEALTH AND SAFETY CODE SECTION
33333.6(e)(2), AND AMENDING RELATED ORDINANCES IN CONNECTION
THEREWITH
WHEREAS, the City Council of the City of San Rafael adopted the Redevelopment Plan
for the Central San Rafael Project Area by Ordinance No. 1079, adopted on November 20, 1972,
as amended by Ordinance No. 1534, adopted on January 5, 1987, as further amended and
restated by Ordinance No. 1572, adopted on October 16, 1989, as further amended by Ordinance
No. 1669, adopted on November 21, 1994, and as further amended and restated by the Second
Amended and Restated Redevelopment Plan for the Central San Rafael Redevelopment Project
Area, adopted by Ordinance No. 1732 on October 5, 1998 (collectively, the "Redevelopment
Plan"), establishing the Central San Rafael Redevelopment Project Area (the "Project Area");
and
WHEREAS, the Project Area is situated in the County of Marin, State of California, and
is more particularly described on Exhibit C attached to the Redevelopment Plan for the Central
San Rafael Project Area recorded as document No. 48772, Book 2639, Page 417 on December
14, 1972, with the County Recorder of the County of Marin; and
WHEREAS, the Redevelopment Plan, as amended, contains time limits for conducting
certain redevelopment functions meeting the requirements of the Community Redevelopment
Law (the "CRL") for such time limits in effect as of the date of adoption and amendment of the
Redevelopment Plan; and
WHEREAS, SB 211 amended the CRL effective January 1, 2002; and
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WHEREAS, SB 211 amends Health and Safety Code Section 33333.6(e)(2) of the CRL
to allow the City Council to amend the Redevelopment Plan to eliminate the time limit on the
establishment of loans, advances, and indebtedness previously required by the section (the "Debt
Incurrence Time Limit"); and
WHEREAS, the San Rafael Redevelopment Agency (the "Agency") has analyzed the
provisions of the Redevelopment Plan and the provisions of Health and Safety Code Section
33333.6(e)(2), and has determined that the Redevelopment Plan may be amended to delete the
Debt Incurrence Time Limit; and
WHEREAS, the Agency has prepared an amendment to the Redevelopment Plan to
delete the Debt Incurrence Time Limit as permitted by Health and Safety Code Section
33333.6(e)(2) (the "Amendment"), a copy which is on file with the City Clerk; and
WHEREAS, the City Council desires to amend the Redevelopment Plan in accordance
with the terms of the Amendment as authorized pursuant to Health and Safety Code Section
33333.6(e)(2); and
WHEREAS, the Agency has prepared and submitted and the City Council has reviewed
and considered the staff report on the Amendment; and
WHEREAS, the Agency staff has prepared and submitted to City Council for review and
approval a CEQA Notice of Exemption pursuant to CRC Section 15378(b) (2), (4) and (5) of the
CEQA Guidelines; and
WHEREAS, Health and Safety Code Section 33333.6(e)(2) states:
In adopting this ordinance, neither the legislative body nor the agency is required to
comply with Section 33354.6 or Article 12 (commencing with Section 33450) or any
other provision of this part relating to the amendment of redevelopment plans, except that
the agency shall make payment to affected taxing entities required by Section 33607.7.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SAN RAFAEL:
Section 1. The City Council hereby finds and declares that the above recitals are true
and correct.
Section 2. The Amendment attached hereto is hereby incorporated in this Ordinance
by reference and made a part of this Ordinance as if set out in full in the Ordinance.
Section 3. It is hereby found and determined that the Amendment is necessary and
desirable, and the Redevelopment Plan, as adopted by Ordinance No. 1079 on November 20,
1972, as amended by Ordinance No. 1534 on January 5, 1987, as further amended and restated
by Ordinance No. 1572 on October 16, 1989, as further amended by Ordinance No. 1669 on
November 21, 1994, and as further amended and restated by the Second Amended and Restated
104\01\153330.2 2
Redevelopment Plan for the Central San Rafael Redevelopment Project Area, adopted by
Ordinance No. 1732 on October 5, 1998, is hereby further amended in accordance with the
Amendment.
Section 4. The Amendment is hereby adopted, approved, and designated as part of
the official Redevelopment Plan for the Project Area. It is the purpose and intent of the City
Council that the Amendment be implemented as part of the Redevelopment Plan for the Project
Area. The Executive Director of the Agency may prepare a document that incorporates the
provisions of the Amendment into the existing text of the Redevelopment Plan, and such
document shall then constitute the official Redevelopment Plan for the Project Area.
Section 5. To the extent of the amendment set forth in the Amendment, this
Ordinance amends Ordinance No. 1079, adopted on November 20, 1972, Ordinance No. 1534,
adopted on January 5, 1987, Ordinance No. 1572, adopted on October 16, 1989, Ordinance No.
1669, adopted on November 21, 1994, and Ordinance No. 1732, adopted on October 5, 1998.
Section 6. In accordance with Health and Safety Code Section 33333.6(g), the
Amendment shall not be construed to affect the validity of any bond, indebtedness, or other
obligation, including any mitigation agreement entered into pursuant to Health and Safety Code
Section 33401, authorized by the City Council or the Agency prior to January 1, 1994. Nor shall
the Amendment be construed to affect the right of the Agency to receive property taxes pursuant
to Health and Safety Code Section 33670, to pay the indebtedness or other obligation described
in this Section 6.
Section 7. The City Council hereby approves the CEQA Notice of Exemption for the
Amendment and directs the City Clerk to file the Notice of Exemption with the County Clerk of
the County of Marin.
Section 8. The City Clerk is hereby directed to file a copy of the Amendment with
the minutes of this meeting. A copy of this Ordinance and the Amendment shall be transmitted
to the Agency and the Agency is vested with the responsibility of implementing the Amendment.
Section 9. The Executive Director of the Agency is hereby directed to record the
Ordinance and the Amendment in compliance with the provisions of Government Code Section
27295.
Section 10. If any provision, section, subsection, subdivision, sentence, clause or
phrase of this Ordinance or the Amendment is for any reason held to be invalid or
unconstitutional, such decision shall not affect the validity of the remaining portion or portions
of the Ordinance or the Amendment.
104\01\153330.2
Section 11. This Ordinance shall be published once in full before its final passage in a
newspaper of general circulation, published and circulated in the City of San Rafael, and shall be
in full force and effect thirty (30) days after its final passage.
Attest:
, , ccs
ESTHER C. BEIRNE, Deputy City Clerk
The foregoing Ordinance No. 1776 was read and introduced at a regular meeting of the
City Council of the City of San Rafael, held on the nineteenth day of February, 2002, and
ordered passed to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Cohen
and will come up for adoption as an Ordinance of the City of San Rafael at a regular meeting of
the Council to be held on the fourth day of March, 2002.
ESTHER C. BEIRNE, Deputy City Clerk
104\01\153330.2 4
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
Marin ss.
On Feb. 21, 2002 , before me, Nancy Eurman, Notary Publ is
Date Name and Title of Officer (e g, 'Jane Doe, Notary Public")
personally appeared Albert J. Bo ro
Name(s) of Signer(s)
XX personally known to me
proved to me on the basis of satisfactory
evidence
r NANCY EURMAN
0 COMM #1248639
I �� NOTARY PUBLIC-CAUFORN.A v
4 MARIN COUNTY 0
My Comm. Expires Feb, 4, 2004 t
to be the person(s� whose nameKdAw—
subscribed to the within instrument and
acknowledged to me thaoefisWthe -xecuted
the same in C i r/tberf— authorized
capacityW, and that by Leberftei
signaturq; <6n the instrument the personal, or
the entity upon behalf of which the personw_�_
acted, executed the instrument.
WITNESS my handandofficial seal.
Place Notary Seal Above ignalure of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Ci t_y of San Rafael Ordinance No. 1776
Document Date: Feb. 19 2002
Number of Pages: Five
Signer(s) Other Than Named Above: Esther C. Beirne. Deputy City Clerk (Attest)
Capacity(ies) Claimed by Signer
Signer's Name: Albert J. Boro
L . Individual
L. Corporate Officer — Tttle(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
I Guardian or Conservator
�LX Other: Ma vo r
Signer Is Representing: City of San Rafael
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0 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No, 5907 Reorder! Call Toll -Free 1.800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
Mari n ss.
on Feb. 22, 2002 beforeme, NancY Eurman, Notary Public
Date Name and Title of Officer (e.g., "Jana Doe, Notary Public")
personally appeared Esther C. Beirne
Names) of Signers)
XX personally known to me
❑ proved to me on the basis of satisfactory
evidence
rNANCYEURMAN
d d COMM. #1248639 >
NOTARY PUBLIC -CALIFORNIA
MARIN COUNTY 0
My Comm. Expires Feb. 4, 2004 A
) „ „ — E
to be the personjs)' whose name(s}'is r,—
subscribed to the within instrumen and
acknowledged to me that -h -e hd/they executed
the same in � /fie /tWr authorized
capacity(i�, and Zat by-hisCPtbeir
signatureW on the instrument the person44 or
the entity upon behalf of which the person�%)
acted, executed the instrument.
WITNESS my hand and official seal.
'r�
+I$1ignature of Notary Public
V
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: City of San Rafael Ordinance No. 1776
Document Date: Feb. 19. 2002 Number of Pages: Five
Signer(s) Other Than Named Above: Albert J. Boro , Mayor
Capacity(ies) Claimed by Signer
Signer's Name: Esther C. Bei me
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
[A Other: Deputy City Clerk
Signer Is Representing: City of San Rafael
iMieW
owl "iffiligild
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01999 National Notary Association - 9350 De Soto Ave , P.O. Boz 2402 -Chatsworth, CA 91313-2402 - www nationalnotary org Prod. No. 5907 Reorder Call Toll -Free 1-800.976-6827
DEBT INCURRENCE TIME LIMIT DELETION AMENDMENT
TO THE SECOND AMENDED AND RESTATED REDEVELOPMENT PLAN
FOR THE CENTRAL SAN RAFAEL REDEVELOPMENT PROJECT AREA
I. INTRODUCTION
The City Council of the City of San Rafael adopted the Redevelopment Plan for the
Central San Rafael Project Area by Ordinance No. 1079, adopted on November 20, 1972, as
amended by Ordinance No. 1534, adopted on January 5, 1987, as further amended and restated
by Ordinance No. 1572, adopted on October 16, 1989, as further amended by Ordinance No.
1669, adopted on November 21, 1994, and as further amended and restated by the Second
Amended and Restated Redevelopment Plan for the Central San Rafael Redevelopment Project
Area, adopted by Ordinance No. 1732 on October 5, 1998 (collectively, the "Plan"). The Plan,
as amended, contains a time limit for the establishment of debt, advances and indebtedness (the
"Debt Incurrence Limit") pursuant to the requirements of the Community Redevelopment Law
("CRL"). Health and Safety Code Section 33333.6(e)(2), effective January 1, 2002, permits an
amendment to the Plan to eliminate the Debt Incurrence Limit. This Amendment has been
prepared by the San Rafael Redevelopment Agency (the "Agency") staff to effectuate the
provisions of Health and Safety Code Section 33333.6(e)(2).
II. DELETIONS FROM PLAN
Paragraph A of Part XI, which formerly read as follows, is hereby deleted in its entirety:
"The time limit on the establishing of loans, advances, and indebtedness, adopted
pursuant to Health and Safety code Section 33333.2(2), shall be January 1, 2004, unless the
Amended Plan is amended as permitted by law. This limit, however, shall not prevent the
Agency from incurring debt to be paid from the Low and Moderate Income Housing Fund
established pursuant to Health and Safety Code Sections 33334.2 and 33334.3 or from
establishing more debt in order to fulfill the Agency's housing obligations under Health and
Safety Code Section 33413. In addition, this limit shall not prevent the Agency from
refinancing, refunding, or restructuring indebtedness after the date set forth in this paragraph if
the indebtedness is not increased and the time during which the indebtedness is to be repaid does
not exceed the date on which the indebtedness would have been paid."
III. EFFECT OF AMENDMENT
All provisions of the Plan not specifically amended or repealed in this Amendment shall
continue in full force and effect.
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