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Home My WebLink AboutOrdinance 1850 (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. 1850 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADOPTING AN AMENDMENT TO THE THIRD AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE CENTRAL SAN RAFAEL REDEVELOPMENT PROJECT AREA PURSUANT TO HEALTH AND SAFETY CODE SECTION 33333.6(e)(2)(D), 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 21st day of May, 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 4th day of June, 2007, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Heller, Miller, Phillips and Vice- Mayor Cohen None Mayor Boro WITNESS my hand and the official seal of the City of San Rafael this 8th day of June, 2007 JEANNE M. LEONCINI F-,�P . 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. 1850 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADOPTING AN AMENDMENT TO THE THIRD AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE CENTRAL SAN RAFAEL REDEVELOPMENT PROJECT AREA PURSUANT TO HEALTH AND SAFETY CODE SECTION 33333.6(e)(2)(D), 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 amended and restated by Ordinance No. 1572 adopted on October 16, 1989, as amended by Ordinance No. 1669 adopted on November 21, 1994, as 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, as amended by Ordinance No. 1776 adopted on March 4, 2002, and as further amended by Ordinance No. 1822 adopted on March 15, 2004 (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 141\01\421807.1 WHEREAS, SB 1096 added Health and Safety Code Section 33333.6(e)(2)(D) to the CRL, which allows the City Council to amend the Redevelopment Plan to extend the time limits on the effectiveness of the Redevelopment Plan and agency payment on indebtedness or receipt of property taxes by two years; and WHEREAS, the San Rafael Redevelopment Agency (the "Agency") has prepared an amendment to the Redevelopment Plan to amend its time limits as permitted by Health and Safety Code Section 33333.6(e)(2)(D) (the "Amendment"), as permitted by SB 1096, a copy of 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)(D); 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 for the Amendment; and WHEREAS, Health and Safety Code Section 33333.6(e)(2)(D) 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. 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 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. The Redevelopment Plan, as adopted 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 amended by Ordinance No. 1669 adopted on November 21, 1994, as 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, as amended by Ordinance No. 1776 adopted on March 4, 2002, and as further amended by Ordinance No. 1822 adopted on March 15, 2004, is further amended in accordance with the Amendment. 141\01\421807.1 2 Section 4. The Redevelopment Plan, as amended by 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, Ordinance No. 1732 adopted on October 5, 1998, Ordinance No. 1776 adopted on March 4, 2002, and Ordinance No. 1822 adopted on March 15, 2004. 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. 141\01\421807.1 3 Section 11. This Ordinance shall take effect and be in full force from and after thirty (30) days from the date of its final passage. BERT /KORO, Mayor Attest: JEANE M. LEONCINI, City Clerk The foregoing Ordinance No. 1850 was read and introduced at a regular meeting of the City Council of the City of San Rafael, held on the 21 st day of May, 2007, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro None None 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 4th day of June, 2007. M. JE M. LEONCINI, City Clerk 141\01\421807.1 4 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 Albert J. BOrO personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(&) whose name(-&) is/are subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/heFAh it authorized capacity se), and that by his/heA44eir signature(s) on the instrument the person fs), or the entity upon behalf of which the personal acted, executed the instrument. I ESTHER C. BEIRNE Commlulon # 1744802 WITNESS my hand and official seal. Notary Public - California Marin County NA►CarrrnExoiwJun10,2�111 Signature Acg;�"P—g (Seal)