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
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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
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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.
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.. .) .
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
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