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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 UPU�TF lb 0" r"I1 INAL 00- A 104\01\153330.2 1 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 Top of thumb here 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 Top of Thumb here 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. 141\01\153315.1