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CC Ordinance 2028 to Be RecORDED WITHOUT Fri: Sf CHON 6103 GOVcRH/E'T COiF AT THE REQU[~T OF rr Y f (: RECORDED AT REQUEST OF: DOCUMENT: 16874055 Titles: 1/ Pages: 4 I HI III IIUIIIII "'0016874055'" Fees....* No Fees Taxes. . Copies. AMT PAID CITY OF CAMPBELL REDEVELOPMENT AI WHEN RECORDED RETURN TO: Goldfarb & Lipman 1300 Clay Street, Ninth Floor City Center Plaza Oakland, CA 94612 Attn: Phuong Lam BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of City RDE ** 001 3/10/2003 11: 46 AM NO RECORDING FEE PURSUANT TO GOVERNMENT CODE SECTION 27383 ORDINANCE NO. 2028 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ADOPTING AN AMENDMENT TO THE SECOND AMENDED AND RESTATED CENTRAL CAMPBELL REDEVELOPMENT PLAN PURSUANT TO HEALTH AND SAFETY CODE SECTION 33333.6(e)(2), AND AMENDING RELATED ORDINANCES IN CONNECTION THEREWITH THE CITY COUNCIL OF THE CITY OF CAMPBELL, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DOES ORDAIN AS FOLLOWS: WHEREAS, the City Council of the City of Campbell adopted the Central Campbell Redevelopment Plan by Ordinance No. 1461 on June 21, 1983, as amended by Ordinance No. 1830, adopted on January 15, 1991, as further amended by Ordinance No. 1860, adopted on June 16,1992, and as-further amended by Ordinance No. 1912, adopted on December 6, 1994 (collectively, the "Redevelopment Plan"), establishing the Central Campbell Redevelopment Project Area (the "Project Area"); and WHEREAS, the legal description of the Project Area is set forth in Exhibit A ofthe Amendment described and incorporated in this Ordinance by reference below; 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 WHEREAS, SB 211 amends Health and Safety Code Section 33333.6(e)(2) to the CRL to allow the City Council to amend the Redevelopment Plan to eliminate the time limit on the 1031 \01 \165795.1 1 , . establishment of loans, advances, and indebtedness required by the section prior to January 1, 2002 (the "Debt Incurrence Time Limit"); and WHEREAS, the City of Campbell 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 for the Amendment; 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 CAMPBELL: Section 1. and correct. The City Council hereby finds and declares that the above recitals are true 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. 1461 on June 21, 1983, as amended by Ordinance No. 1830, adopted on January 15, 1991, as further amended by Ordinance No. 1860, adopted on June 16, 1992, and as further amended by Ordinance No. 1912, adopted on December 6, 1994, is 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 1031\01\165795.1 2 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. 1461, adopted on June 21, 1983, as amended by Ordinance No. 1830, adopted on January 15, 1991, as further amended by Ordinance No. 1860, adopted on June 16, 1992, and as further amended by Ordinance No. 1912, adopted on December 6, 1994. 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 Councilor 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 Santa Clara. 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. 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 Campbell, and shall be in full force and effect thirty (30) days after its final passage. 1031\01\165795.1 3 .. .) . The foregoing Ordinance was introduced before the City Council of the City of Campbell at a regular meeting held on February 4, 2003 adopted at a regular meeting of the City Council of the City of Campbell held on February 18,2003. Said Ordinance was passed and adopted and ordered published within fifteen (15) days of the date of adoption in the Campbell Express, a newspaper of general circulation published in the County of Santa Clara and circulated in the City of Campbell by the following vote: AYES: Councilmembers Watson, Kennedy, Dean, Burr, Furtado NOES: Councilmembers None ABSENT: Councilmembers None ~~d~~ ATTEST: a~ Anne Bybee, City Clerk City of Campbell APPROVED AS TO FORM: ... .. ~- ~~ey 1031 \01\165795.1 4