Ord 2120 - Statement of Institution of Redevelopment Plan AmendmentORDINANCE 2120 (ATTACHED)
DOCUMENT: 17444059
RECORDED AT THE REQUEST OF:
THE REDEVELOPMENT AGENCY
OF THE TOWN OF LOS GATOS
WHEN RECORDED MAIL TO:
Town of Los Gatos
Civic Center, 110 E. Main Street
Los Gatos, CA 95031
Attention: Marty Woodworth
1111111111111111111111111111
Pages: 12
Fees.... No Fees
Taxes .
Copies..
AMT PAID
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
Recording Service
STATEMENT OF INSTITUTION OF REDEVELOPMENT PLAN AMENDMENT
RDE 0 011
10/28/2003
2:09 PM
PLEASE TAKE NOTICE that a Second Amendment to the Redevelopment Plan for the
Central Los Gatos Redevelopment Project Area (the "Plan Amendment ") (attached hereto as
Attachment A ) has been adopted by the Town Council of the Town of Los Gatos (the "Town
Council') pursuant to California Community Redevelopment Law, Health and Safety Code
Sections 333000 et sec ., and Ordinance No. 2120 adopted on October 20, 2003 (attached hereto
as Attachment B ).
Please note that the Plan Amendment amends the original Redevelopment Plan for the
Central Los Gatos Redevelopment Project Area adopted by Town Council Ordinance No. 1882,
dated November 25, 1991, and as amended by Ordinance No. 1992, dated December 5, 1994,
and does not modify the Project Area boundaries as established in the original Plan.
The Project Area, which is the subject of the Plan Amendment, is situated in the Town of
Los Gatos, County of Santa Clara, State of California, and is more particularly described on
Exhibit A attached to Statement of Institution of Redevelopment Proceedings recorded in Book
L955 at page 1734 on December 5, 1991 with the County Recorder of the County of Santa Clara.
33456.
This Statement is made and filed pursuant to Health and Safety Code Section 33373 and
Dated: October 21, 2003
Redevelopment Agency of the Town of Los Gatos
Marty odworth
Redevelopment Manager
OFFICE OF THE, TOW'S
AGR
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1151 \01 \173023.1
STATE OF CALIFORNIA )
) ss.
COUNTY OF Santa Clara
On October 21, 2003 before me, Lisa -Maria Bottoni personally appeared,
MARTY WOODWORTH personally known to me
to be the person whose name( is /subscribed to the within
instrument and acknowledged to me that he /stmftmy executed the same in his /liar
authorized capacity(ie*, and that by his/twftair signature(g) on the instrument the personM, or
the entity upon behalf of which the persons(s) acted, executed the instrument.
WITNESS my hand and official seal.
i
(SEAL).
NOTARY PUBLIC SIGNATURE
; - - - - __ 5_1
USA -MARIA BOTTOM
Commission # 1260970
Iro?Ciy Pubik - Califomia
Santo Caro County
My Comm. B�iras Apr 16,2004
11 51\01 \173023.1
Attachment A
EMINENT DOMAIN AMENDMENT
TO THE REDEVELOPMENT PLAN
FOR THE CENTRAL LOS GATOS REDEVELOPMENT PROJECT
Adopted October 20, 2003
Ordinance No. 2120
I. INTRODUCTION
The Town Council of the Town of Los Gatos has adopted the Redevelopment Plan for
the Central-Los Gatos Redevelopment Project by Ordinance No. 1882, dated November
25, 1991, as amended by Ordinance No. 1992, adopted on December 5, 1994 (the Plan ")
establishing the Central Los Gatos Redevelopment Project Area (the "Project Area ").
The Project Area is shown in the attached Attachment 1 . The Plan, as amended, contains
a time limit of December 25, 2003 for commencement by the Redevelopment Agency of
the Town of Los Gatos (the "Agency ") of eminent domain proceedings with respect to
property within the Project Area. This time limit may be extended only by amendment of
the Plan. This amendment (the "Amendment ") has been prepared by Agency staff to
extend the Agency's power of eminent domain in the Project Area for an additional
twelve (12) years.
II. AMENDMENT TO PLAN
A. Part III.D.1 of the Plan is hereby amended so that the last line of the second
paragraph in that section reads in its entirety as follows:
Eminent domain proceedings if used, must be commenced no
later than December 25, 2015. This time limit for
commencement of eminent domain proceedings may be
extended only by amendment of the Plan.
III. EFFECT OF AMENDMENT
All provisions of the Plan not specifically amended or repealed in this Amendment shall
continue in full force and effect.
11 51\01 \169029.1
RECORDED AT REQUEST OF:
THE REDEVELOPMENT AGENCY
OF THE TOWN OF LOS GATOS
WHEN RECORDED MAIL TO:
Town.of Los Gatos
Civic Center, 110 E. Main Street
Los Gatos, CA 95031
Attention: Marty Woodworth
NO RECORDING FEE PURSUANT TO
GOVERNMENT CODE SECTION 27383
ORDINANCE 2120
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING
AND ADOPTING THE SECOND AMENDMENT TO THE REDEVELOPMENT PLAN FOR
THE CENTRAL LOS GATOS REDEVELOPMENT PROJECT AREA, AND MAKING
CERTAIN FINDINGS PURSUANT TO THE COMMUNITY REDEVELOPMENT LAW OF THE
STATE OF CALIFORNIA
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS:
SECTION I
Summary. This Ordinance amends the Redevelopment Plan for the Central Los Gatos
Redevelopment Project Area to extend the deadline for commencement of eminent domain
proceedings within the Central Los Gatos Redevelopment Project Area (the "Project Area ") by the
Redevelopment Agency of the Town of Los Gatos for an additional twelve (12) years.
SECTION II
Background. By Town Council Ordinance No. 1882, adopted on November 25, 1991, the
Town Council of the Town of Los Gatos (the "Town Council ") adopted the Redevelopment Plan for
Project Area, and by Town Council Ordinance No. 1992, adopted on December 5, 1994, the Town
Council adopted amendments to the Redevelopment Plan for the Central Los Gatos Redevelopment
Project Area (as amended, the "Redevelopment Plan "); and
Pursuant to the Community Redevelopment Law of the State of California (the
"Redevelopment Law "), the Redevelopment Agency of the Town of Los Gatos (the "Agency ") has
recommended an amendment to the Redevelopment Plan that would extend the Agency's deadline
for commencement of eminent domain proceedings within the Project Area by twelve years; and
Page 1
To accomplish this purpose, the Agency has prepared and submitted to the Town Council
for review and adoption of a proposed Second Amendment to the Redevelopment Plan for the
Central Los Gatos Redevelopment Project Area (the "Plan Amendment "), a copy of which is on file
with the Town Clerk of the Town of Los Gatos, attached hereto as Exhibit A; and
Both the current Redevelopment Plan and the proposed Plan Amendment expressly prohibit
the Agency from using the power of eminent domain to acquire single - family residential dwellings
which are located upon R -1 (Single - Family Residential) and R -ID (Single - Family Downtown)
zoned parcels as defined by the Los Gatos Zoning Ordinance as of December 25, 1991 (the date the
Redevelopment Plan become effective); and
The Agency has made studies of the impact of the proposed Plan Amendment and has
determined that the proposed Plan Amendment will promote the proper redevelopment of the Project
Area in accordance with the goals, objectives, and policies of the Town of Los Gatos's General Plan,
the Redevelopment Plan, and the California Community Redevelopment Law (Health and Safety
Code Section 33000 et sue.; the "Redevelopment Law "); and
The Agency has prepared and submitted, and the Town Council has reviewed and
considered, a written report on the proposed amendment (the "Report on the Plan Amendment ")
pursuant to Health and Safety Code Section 33457.1, a copy of which is on file with the Town
Clerk; and
The Planning Commission, which is the duly designated and acting official planning body
of the Town of Los Gatos, has submitted to the Town Council its report and recommendation dated
September 10, 2003 recommending approval and adoption of the Plan Amendment and approval and
adoption of the Negative Declaration prepared for the Plan Amendment, and has certified that the
Plan Amendment conforms to the General Plan; and
Pursuant to the Planning Commission recommendation and Section 15074 of the Guidelines
to the California Environmental Quality Act of 1970, as amended ( "CEQA Guidelines "), the
Negative Declaration completed by Town staff and dated June 9, 2003, will serve as the acquired
environmental documentation pursuant to the CEQA Guidelines for the Plan Amendment; and
By resolution adopted prior to the adoption of this Ordinance, the Town Council and the
Agency have adopted and approved the Negative Declaration in compliance with Section 15074 of
the CEQA Guidelines; and
On October 6, 2003, the Town Council and the Agency conducted a joint public hearing on
the Plan Amendment which was duly noticed in accordance with the requirements of the
Redevelopment Law.
SECTION III
Findings. In accordance with California Health and Safety Code Sections 33367 and
33457.1, and based upon the evidence contained in the Report on the Plan Amendment and on the
Page 2
evidence presented at the joint public hearing, the Town Council finds and determines with respect
to the Plan Amendment that:
a) The Project Area is a blighted area, the redevelopment of which is necessary to
effectuate the public purposes of the Redevelopment Law (see particularly Part II of
the Report on the Plan Amendment regarding evidence for this finding).
b) The Plan Amendment would redevelop the Project Area in conformity with the
Redevelopment Law and would be in the interest of the public peace, health, safety,
and welfare; and the implementation of the Plan Amendment would promote the
public peace, health, safety and welfare of the Town of Los Gatos, and would
effectuate the purposes and policy of the Redevelopment Law (see particularly the
Introduction and Parts I, II, and III of the Report on the Plan Amendment regarding
evidence with respect to this finding).
C) The adoption and implementation of the Plan Amendment are economically sound
and feasible (see particularly Part IV of the Report on the Plan Amendment
regarding evidence with respect to this finding).
d) The Plan Amendment is consistent with the General Plan of the Town, including but
not limited to the Housing Element of the General Plan (see particularly Parts I, VI
and VIII of the Report on the Plan Amendment regarding evidence with respect to
this finding).
C) The condemnation of real property, if any, is necessary to the execution of the
Redevelopment Plan as amended by the Plan Amendment and adequate provisions
have been made for payment for property to be acquired as provided by law (see
particularly Parts I, II and IV of the Report on the Plan Amendment regarding
evidence with respect to this finding).
f) The Agency has a feasible method or plan for the relocation of families and persons
which may be displaced from the Project Area if the Redevelopment Plan as
amended by the Plan Amendment may result in the temporary or permanent
displacement of any occupants of housing facilities in the Project Area (see
particularly Parts V and XI of the Report on the Plan Amendment regarding evidence
with respect to this finding).
g) There are, or shall be provided, in the Project Area or in other areas not generally
less desirable in regard to public utilities and public and commercial facilities and
at rents or prices within the financial means of the families and persons who may be
displaced from the Project Area, decent, safe and sanitary dwellings equal in number
to the number of, and available to, such displaced families and persons and
reasonably accessible to their places of employment (see particularly Parts V and XI
of the Report on the Plan regarding evidence with respect to this finding). Families
and persons shall not be displaced prior to the adoption of a relocation plan pursuant
Page 3
to Sections 33411 and 33411.1 of the Redevelopment Law. Dwelling units housing
persons and families of low or moderate income shall not be removed or destroyed
prior to the adoption of a replacement housing plan pursuant to Sections 33334.5,
33413, and 33413.5 of the Redevelopment Law.
h) The Town Council is satisfied that permanent housing facilities will be available
within three years from the time occupants of the Project Area, if any, are displaced
and that, pending the development of such facilities, there will be available to such
displaced occupants housing facilities at rents comparable to those in the community
at the time of their displacement (see particularly Part V and XI of the Report on the
Plan regarding evidence with respect to this finding).
i) The matters set forth in Health and Safety Code Section 33367(d)(9), (d)(10),
(d)(11), d(12) and (d)(13) are not applicable to or affected by the Plan Amendment,
and consequently no further findings with respect to such matters are required (see
particularly the Introduction and Parts I and II of the Report on the Plan Amendment
regarding evidence with respect to this finding).
SECTION IV
Continuing Purpose and Intent. It is the continuing purpose and intent of the Town Council
that the Redevelopment Plan as amended by the Plan Amendment be implemented in order to
continue to:
a) Eliminate the conditions of blight remaining in the Project Area;
b) Ensure, as far as possible, that the causes of the blighting conditions will be either
eliminated or protected against;
C) Encourage and ensure the redevelopment of the Project Area;
d) Encourage and foster the economic revitalization of the Project Area, as necessary;
and,
e) Provide and improve affordable housing.
SECTION V
Overruling of Objections. All written and oral objections to the Plan Amendment that is
incorporated in the Plan by this Ordinance are hereby overruled.
SECTION VI
Adoption of Plan Amendment. It is hereby found and determined that the Plan Amendment
is necessary and desirable. The Redevelopment Plan, all amendments and restatements of the
Redevelopment Plan, and all ordinances adopting or previously amending the Redevelopment Plan
are hereby amended in accordance with the Plan Amendment.
Page 4
The Plan Amendment is hereby adopted and approved and the Redevelopment Plan, as
amended by the Plan Amendment, is designated as the official redevelopment plan for the Project
Area. The Plan Amendment is incorporated in this Ordinance by reference and made a part of the
Ordinance as if set out in full in the Ordinance. The Town Clerk is hereby directed to file a copy
of the Plan Amendment with the minutes of this meeting. The Agency is vested with the continuing
responsibility to implement the Redevelopment Plan, as amended by the Plan Amendment.
SECTION VII
Recordation. The Executive Director of the Agency is hereby directed to record the Plan
Amendment in compliance with the provisions of Health and Safety Code Section 33456 and
Government Code Section 27295.
SECTION VIII
Severability. If any provision, section, subsection, subdivision, sentence, clause or phrase
of this Ordinance or the Plan 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 Plan Amendment.
SECTION IX
Effective Date. This Ordinance becomes effective 30 days after passage, and within 15 days
after passage shall be published once in the Los Gatos Weekly Times, a newspaper of general
circulation printed and published and circulated in the Town of Los Gatos.
Page 5
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos held on the 6th day of October, 2003, by the following vote:
COUNCIUAGENCY MEMBERS:
AYES: Steve Glickman, Joe Pirzynski, Mike Wasserman
NAYS: None
ABSENT: None
ABSTAIN: Sandy Decker, Diane McNutt
SIGNED:
VICE MAYOR /VICE CHAIR OF THE REDEVELOPMENT
AGENCY OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK / SECRETARY OF THE R EVELOPMENT
AGENCY OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA S: \RevDev.2ndAmend.Plan.ORD.wpd
Page 6
STATE OF CALIFORNIA )
) ss.
COUNTY OF SANTA CLARA )
On this 22nd day of October , 2003, before me, Lisa - Maria Bottoni ,
a Notary Public in and for the said County and State, residing therein, duly commissioned and
sworn, personally appeared MAR V . COSGROVE , personally know to me
(or proved to me on the basis of satisfactory evidence) to be the Town Clerk of the Town of Los
Gatos that executed the within document and acknowledged to me that Town of Los Gatos did
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year in this certificate first above written.
USA -MARIA BOTTONI
Commission # 1260970
Notary PubI1C - California
ARY PUBLIC Santa Clara County
in nd for said County and State. My Comm. Fq*m Apr 16,M
STATE OF CALIFORNIA )
) ss.
COUNTY OF SANTA CLARA )
On this 22nd day of October , 2003, before me, Lisa —Maria Bottoni , a Notary
Public in and for the said County and State, residing therein, duly commissioned and sworn,
personally appeared STEVE GLICKMAN , personally know to me (or proved to me on the
basis of satisfactory evidence) to be the Town Council Vice Mayor of the Town of Los Gatos that
executed the within document and acknowledged to me that Town of Los Gatos did execute the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
wear in this certificate first alcove written.
N TARY PUBLIC USA -MARIA BOTTONI
in and for said Count and State Commission - alifor Z
Y � � Notary Public - California y
Santa Clara County
My Comm Bpkes Apr 16,2M4
EMINENT DOMAIN AMENDMENT
TO THE REDEVELOPMENT PLAN
FOR THE CENTRAL LOS GATOS REDEVELOPMENT PROJECT
I. INTRODUCTION
The Town Council of the Town of Los Gatos has adopted the Redevelopment Plan for the
Central Los Gatos Redevelopment Project by Ordinance No. 1882, dated November 25,
1991, as amended by Ordinance No. 1992, adopted on December 5, 1994 (the Plan ")
establishing the Central Los Gatos Redevelopment Project Area (the "Project Area "). The
Project Area is shown in the attached Attachment 1 . The Plan, as amended, contains a time
limit of December 25, 2003 for commencement by the Redevelopment Agency of the Town
of Los Gatos (the "Agency ") of eminent domain proceedings with respect to property within
the Project Area. This time limit may be extended only by amendment of the Plan. This
amendment (the "Amendment ") has been prepared by Agency staff to extend the Agency's
power of eminent domain in the Project Area for an additional twelve (12) years.
II. AMENDMENT TO PLAN
Part III.D.1 of the Plan is hereby amended so that the last line of the second paragraph in that
section reads in its entirety as follows:
Eminent domain proceedings if used, must be commenced no later than
December 25, 2015. This time limit for commencement of eminent domain
proceedings may be extended only by amendment of the Plan.
III. EFFECT OF AMENDMENT
All provisions of the Plan not specifically amended or repealed in this Amendment shall
continue in full force and effect.
EXHIBIT A