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HomeMy WebLinkAboutOrdinance 1852 (Central SR Redevelopment Project)CLERK'S CERTIFICATE I, JEANNE M. LEONCI I, 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. 1852 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL, PURSUANT TO THE RECENTLY ENACTED HEALTH AND SAFETY CODE SECTION 33342.7, ADOPTING A DESCRIPTION OF THE PROGRAM FOR THE ACQUISITION OF REAL PROPERTY BY EMINENT DOMAIN FOR THE REDEVELOPMENT PLAN FOR THE CENTRAL SAN RAFAEL REDEVELOPMENT PROJECT AREA, AND APPROVING RELATED ACTIONS" 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 4th day of June, 2007. 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 18th day of June, 2007, by the following vote, to wit: AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Vice- Mayor Cohen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINING: COUNCILMEMBERS: Mayor Boro, due to absence from meeting of 6/4/07 WITNESS my hand and the official seal of the City of San Rafael this 22nd day of June, 2007 *JEANNE'*AL ONCI� City Clerk RECORDING REQUESTED BY: SAN RAFAEL REDEVELOPMENT AGENCY WHEN RECORDED RETURN TO: Goldfarb & Lipman 1300 Clay Street, 9th Floor City Center Plaza Oakland, CA 94612 Attn: Phuong Y. Lam NO RECORDING FEE PURSUANT TO GOVERNMENT CODE SECTION 27383 ORDINANCE NO. 1852 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL, PURSUANT TO THE RECENTLY ENACTED HEALTH AND SAFETY CODE SECTION 33342.7, ADOPTING A DESCRIPTION OF THE PROGRAM FOR THE ACQUISITION OF REAL PROPERTY BY EMINENT DOMAIN FOR THE REDEVELOPMENT PLAN FOR THE CENTRAL SAN RAFAEL REDEVELOPMENT PROJECT AREA, AND APPROVING RELATED ACTIONS WHEREAS, the City Council of the City of San Rafael adopted the Redevelopment Plan for the Central San Rafael Redevelopment Project Area by Ordinance No. 1079, adopted on November 20, 1972, as amended by Ordinance No. 1534, adopted on January 5, 1987, as amended and restated by Ordinance No. 1572, adopted on October 16, 1989, as further amended by Ordinance No. 1669, adopted on November 21, 1994, as further amended and restated by Ordinance No. 1732, adopted on October 5, 1998, as amended by Ordinance No. 1776, adopted on March 4, 2002, as amended by Ordinance No. 1786, adopted on August 19, 2002, as amended by Ordinance No. 1822, adopted on March 15, 2004, (the "Redevelopment Plan"), establishing the Central San Rafael Redevelopment Project Area (the "Project Area"); and WHEREAS, the Project Area is situated in the City of San Rafael, State of California, and is more particularly described on Exhibit A attached to the Redevelopment Plan for the Central San Rafael Redevelopment Project Area, recorded as Document No. 2002-0082351 on September 19, 2002, with the County Recorder of the County of Marin; and WHEREAS, the Redevelopment Plan authorizes the use of eminent domain under specified circumstances to acquire real property by the City of San Rafael Redevelopment Agency (the "Agency"); and WHEREAS, SB 53 added Health and Safety Code Section 33342.7 to the Community Redevelopment Law, which requires the City Council to adopt by ordinance a description of the Agency's program to acquire real property by eminent domain; and 141\01\440782.1 1 5 P ` r WHEREAS, the Agency has prepared the required description of its real property acquisition program (the "Acquisition Program"), which is attached to and incorporated in this Ordinance as Exhibit A; and WHEREAS, staff has prepared and submitted and the City Council has reviewed and considered the staff report on this Ordinance; and WHEREAS, staff has prepared and placed on file with the City Clerk a CEQA Notice of Exemption for this Ordinance; and WHEREAS, SB 1809 added Health and Safety Code Section 33373(c) to the Community Redevelopment Law, which requires the Agency to record a revised Statement of Institution of Redevelopment Proceedings, which includes a description of the Agency's program to acquire real property by eminent domain (the "Revised Statement"); and WHEREAS, Agency staff has prepared the Revised Statement and placed it on file with the Clerk of the City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: Section 1. The City Council hereby finds and determines that the above recitals are true and correct. Section 2. The City Council hereby finds and determines that the adoption of this Ordinance as required by law is thus necessary and desirable. Section 3. In compliance with Health and Safety Code Section 33342.7, the City Council hereby approves and adopts the description of the Agency's Acquisition Program for the Project Area, as set forth in the attached Exhibit A. Section 4. The City Council hereby approves the CEQA Notice of Exemption for this Ordinance and directs the City Clerk to file the Notice of Exemption with the County Clerk of the County of Marin. Section 5. The City Council hereby approves the Revised Statement. The City Manager/Agency Executive Director is hereby authorized and directed to record the Revised Statement in the official records of the County Recorder of the County of Marin in compliance with Health and Safety Code Section 33373(c). Section 6. The City Clerk is hereby directed to file a copy of this Ordinance, the CEQA Notice of Exemption, and the Revised Statement with the minutes of this meeting, and with the Agency. Section 7. If any provision, section, subsection, subdivision, sentence, clause or phrase of this Ordinance 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. 141\01\440782.1 2 I j Section 8. This Ordinance shall take effect and be in full force from and after thirty (30) days from the date of its final passage. �,E�C GGL Paul M. Cohen, Vice -Mayor Attest: e JEANNE M. LEONCINI, City Clerk The foregoing Ordinance No. 1852 was read and introduced at a regular meeting of the City Council of the City of San Rafael, held on the 4th day of June, 2007, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Heller, Miller, Phillips and Vice -Mayor Cohen None Mayor Boro 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 18th day of June, 2007. i[�►Ti7\LLf� ►7�:�►�I e- •02.c'� 'a'_" rA JEANNE M. LEONCINI, City Clerk 3 FORM 1: PROPERTY ACQUISITION BY EMINENT DOMAIN POLICY Except as specifically limited herein, the Agency may, but is not required to, acquire or obtain options to acquire all real property located in the Project Area by gift, devise, exchange, purchase, eminent domain or any other lawful method whatsoever. The Agency may also acquire any other interest in real property less than a fee interest. Since it is in the public interest and is necessary for the elimination of those conditions requiring redevelopment, the power of eminent domain may be employed by the Agency to acquire real property in the Project Area. However, said power of eminent domain will not be exercised when: a) the property in question is improved with a structure and conforms to the Redevelopment Plan and in the sole determination of the Agency, all of the following are true: (i) the property is not needed for those specific activities proposed by the Redevelopment Project including for development by a master developer pursuant to Section V.B.2. the Redevelopment Plan; and (ii) the property is not needed for the development of replacement housing for those displaced by Agency activity, if any; and (iii) the property is not needed for any other public improvement or facility; and (iv) the property is not needed to promote historical or architectural preservation; and (v) the property is not needed to remove a blighting influence on surrounding properties which prevents achievement of the objectives of the Redevelopment Plan; and (vi) the property is not needed for the elimination of environmental deficiencies including, among others, inadequate circulation, access or street layout, hazardous materials, incompatible and mixed uses, overcrowding and small parcel size; and (vii) the property is not needed for the removal of impediments to land development and disposition through assembly of land into appropriately sized and shaped parcels served by improved circulation and utilities. b) the property in question is improved with a structure and although not conforming to the Redevelopment Plan, the Agency has determined that the property and the structure can so conform (pursuant to the rules for owner participation) and the owner has thereafter entered into an owner participation agreement and is faithfully performing under the terms of the agreement; 141\01\440782.1 A-1 C) the property in question is owned by a public body and that public body has not consented to the exercise of the power of eminent domain by the Agency; d) the Agency must commence eminent domain proceedings by November 20, 2012. The time limit on commencing an action in eminent domain cannot be exercised without further amendment to the Redevelopment Plan. The Agency may acquire property by voluntary (e.g., non -eminent domain) means after the expiration of the time limit for eminent domain proceedings and prior to the expiration of the effectiveness of the Redevelopment Plan. Notwithstanding the foregoing limitations, the Agency may, with the prior written consent of the affected property owner, use the power of eminent domain to acquire property within the Project Area that is otherwise excluded by the terms of the Redevelopment Plan from the exercise of the power of eminent domain. Prior to any acquisition through eminent domain, the Agency shall adopt a resolution declaring a need to acquire any specific property and authorizing the acquisition by such a method. The Agency is not authorized to acquire real property owned by public bodies which do not consent to such acquisition. The Agency is authorized, however, to acquire property devoted to a public use, if it is transferred to private ownership before the Agency completes land disposition within the entire Project Area, unless the Agency is not authorized to acquire such property under other provisions of the Redevelopment Plan. 141'01'.440782.1 A-2 ACKNOWLEDGMENT State of California County of Marin on June 11, 2007 before me, Esther C. Beirne, Notary Public (here insert name and title of the officer) personally appeared Paul M. Cohen personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names) is/ara subscribed to the within instrument and acknowledged to me that he/she4ey executed the same in his/he4thdr authorized capacity(iee), and that by his/heLdbe.ir signature{- on the instrument the person(s), or the entity upon behalf of which the person(a) acted, executed the instrument. I ESTHER C. BEIRNE VCornmlssion # 1744502 WITNESS my hand and official seal. Notary Public - California Marin County fAiComnE=*w,kn102011 Signature (Seal)