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Item 13 Staff Report Adop Ordinance Approving and Adopting the Second Amendment to the Revelopment Plan for the Central Los Gatos Redevelopment Project Arear^ � COUNCIL AGENDA REPORT DATE: October 10, 2003 TO: MAYOR AND TOWN COUNCIL a FROM: ORRY P. KORB, TOWN ATTORNEY(OV/ n MEETING DATE: 10/20/03 ITEM NO. 3 SUBJECT: ADOPT ORDINANCE APPROVING AND ADOPTING THE SECOND AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL LOS GATOS REDEVELOPMENT PROJECT AREA RECOMMENDATION: 1. Adopt ordinance that was introduced at the Council meeting of October 6, 2003. 2. Instruct the Clerk to either: (a) publish the ordinance within 15 days after adoption, or (b) publish a summary no more than 15 days after adoption (if summary published before adoption). DISCUSSION: On October 6, 2003 Council introduced Attachment 1, which amends the Redevelopment Plan for the Central Los Gatos Redevelopment Project area by extending the power of eminent domain for an additional 12 years. A minor clerical change was made to the ordinance by adding a reference to the amendment as Exhibit A. Attachment: Ordinance PREPARED BY: ORRY P. KORB, TOWN ATTORNEY OPK:LMB/wp [N:1ATY1RevDev.2ndAmend Plan.TCR.wpd] Reviewed by: own Manager Assistant Town Manager Clerk Finance Community Development Rev: 10/10/03 9:13Vam Reformatted: 7/19/99 Filed 301-05 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 ac.quire single-family residential dwellings which are located upon R-1 (Single -Family Residential) and R-1D (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 seq.; 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). e) 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: COUNCIL/AGENCY MEMBERS: AYES: Steve Glickman, Joe Pirzynski, Mike Wasserman NAYS: None ABSENT: None ABSTAIN: Sandy Decker, Diane McNutt SIGNED: /s/ Steve Glickman VICE MAYOR /VICE CHAIR OF THE REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: /s/ Marian V. Cosgrove CLERK / SECRETARY OF THE REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA S:1Re vDe v.2ndAmend. PIan.O RD.wpd Page 6 STATE OF CALIFORNIA ) ) ss. COUNTY OF SANTA CLARA ) On this day of , 2003, before me, a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared , 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. NOTARY PUBLIC in and for said County and State. STATE OF CALIFORNIA ) ) ss. COUNTY OF SANTA CLARA ) On this day of , 2003, before me, , a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared , 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 year in this certificate first above written. NOTARY PUBLIC in and for said County and State. 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 �V t 0 • 0 14m T c a), a) L e ATTACHMENT 1 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 (SUMMARIZED) On October 6, 2003, the Town Council introduced an ordinance amending 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 by the Redevelopment Agencyof the Town of Los Gatos for an additional twelve (12) years. The complete text of the Ordinance is on file in the Town Clerk's Office. Attest: /s/ Marian V. Cosgrove, Town Clerk PUB: 10/15/03 Marlyn Rasmussen - Re: RDA Ordinance Summary Page 1 From: Orry Korb To: Marty Woodworth Date: 10/7/03 9:26AM Subject: Re: RDA Ordinance Summary The summary is short, sweet and ok by me. My office prepares the follow-up report for final adoption by Council. Orry Korb »> Marty Woodworth 10/07/03 09:15AM »> Here is a summary of the ordinance. Please add any wording that you would typically insert. Orry, do you prepare the report for second reading of the ordinance? thanks Marty Woodworth Redevelopment Manager Town of Los Gatos 110 E. Main St. Los Gatos, CA 95031 (408) 354-6812 (408) 354-7593 fax e-mail: mwoodworth@town.los-gatos.ca.us PROOF OF r 'BLICATION (2015.5 .) State of California County of Santa Clara I am a citizen of the United States and a resident of the County aforesaid: I am over the age of 18 years, and not party to or interested in the above entitled matter. I am the principal clerk of the printer of the: Los Gatos Weekly -Times, 245 Almendra Avenue, Los Gatos, California, 95o3s, a newspaper of general circulation, printed every Wednesday in the City of San Jose, State of California, County of Santa Clara, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Santa Clara, State of California, Case Number 83631 dated May 27, 1952 that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said Newspaper and not in any supplement thereof on the following dates, to Wit: QtAk a 01 0 0 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated: et. t A ) ao,t, at San Jose, California K Lith Kathy WrJ htson Filing Stamp _,OF OF PUBLICATION JJ. Town Legals ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING AND ADOPTING THE SEC- OND AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL LOS GATOS REDEVELOPMENT PROJECT AREA, AND MAKING CERTAIN FINDINGS PURSUANT TO THE COMMUNITY REDEVEL- OPMENT LAW OF THE STATE OF CALIFORNIA (SUMMARIZED) On October 6, 2003, the Town Council introduced an ordinance amending 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 by the Redevelopment Agency of the Town of Los Gatos for an additional twelve (12) years. The com- plete text of the Ordinance is on file in the Town Clerk's Office. Attest: /s/ Marian V. Cosgrove, Town Clerk (Pub LG 10/15/03) PROOF OF PURL trATION (2015.5 C.,..r.j State of California County of Santa Clara I am a citizen of the United States and a resident of the County aforesaid: I am over the age of i8 years, and not party to or interested in the above entitled matter. I am the principal clerk of the printer of the: Los Gatos Weekly -Times, 245 Almendro Avenue, Los Gatos, California, 95o3i, a newspaper of general circulation, printed every Wednesday in the City of San Jose, State of California, County of Santa Clara, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Santa Clara, State of California, Case Number 83631 dated May 27, 1952 that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said Newspaper and not in any supplement thereof on the following dates, to wit: 03 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated: `-''1 � A " at San Jose, California ftAikA, (A)-411 Kathy Wrii htson 'ling Stamp PROOF OF PUBLICATION /Q / ORDINANCE 2120 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 MAK- ING CERTAIN FINDINGS PUR- SUANT TO THE COMMUNITY REDEVELOPMENT LAW OF THE STATE OF CALIFORNIA (SUMMARIZED) 0n October 6, 2003, the Town Council introduced an ordinance amending 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 by the Redevelopment Agency of the Town of Los Gatos for an additional twelve (12) years. The com- plete text of the Ordinance is on file in the Town Clerk's Office. Adopted by the following vote at a regular meeting of the Town Council on October 20, 2003. AYES: Steve Glickman, Joe Pirzynski, Mike Wasserman. NAYS: None. ABSENT: None. ABSTAIN: Sandy Decker, Diane McNutt. SIGNED: /s/ Steve Glickman, Vice Mayor Town of Los Gatos Attest: /s/ Marian V. Cosgrove, Town Clerk (Pub LG 10/29/03) ORDINANCE 2120 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 (SUMMARIZED) On October 6, 2003, the Town Council introduced an ordinance amending 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 by the Redevelopment Agency of the Town of Los Gatos for an additional twelve (12) years. The complete text of the Ordinance is on file in the Town Clerk's Office. Adopted by the following vote at a regular meeting of the Town Council on October 20, 2003. AYES: Steve Glickman, Joe Pirzynski, Mike Wasserman. NAYS: None. ABSENT: None. ABSTAIN: Sandy Decker, Diane McNutt. SIGNED: /s/ Steve Gliskman, Vice Mayor Town of Los Gatos Attest: /s/ Marian V. Cosgrove, Town Clerk PUB:10/29/03 Marlyn Rasmussen - Re: 173053 - Instruction Letter Page 1 From: Marlyn Rasmussen To: Marty Woodworth; Orry Korb Date: 10/13/03 9:43AM Subject: Re: 173053 - Instruction Letter FYI: We just published a summary after the introduction and planned on a summary after adoption. Orry: Should I publish the WHOLE thing after adoption? thx »> Marty Woodworth 10/10/03 02:48PM »> Attached is a letter of instruction regarding the steps following second reading of the RDA plan amendment on Oct. 20. I'd appreciate if you would review the letter to make sure all the steps are accurate. I will take care of steps 1 (filing notice of determination), Step 2, recording of statement of insititution, and step four - letter to Agency. I'd appreciate if Marlyn can assist me with the publication of the ordiance. I'll also e-mail a copy of the draft documents for your review. Thanks for all your help on this lengthy (6 months) and involved process. I think it went about as smooth as it could. Marty Woodworth Redevelopment Manager Town of Los Gatos 110 E. Main St. Los Gatos, CA 95031 (408) 354-6812 (408) 354-7593 fax e-mail: mwoodworth©town.los-gatos.ca.us CC: Bud Lortz; Debra Figone Marlyn Rasmussen - 173053 - Instruction Letter Page 1 From: Marty Woodworth To: Korb, Orry; Rasmussen, Marlyn Date: 10/10/03 2:48PM Subject: 173053 - Instruction Letter Attached is a letter of instruction regarding the steps following second reading of the RDA plan amendment on Oct. 20. I'd appreciate if you would review the letter to make sure all the steps are accurate. I will take care of steps 1 (filing notice of determination), Step 2, recording of statement of insititution, and step four - letter to Agency. I'd appreciate if Marlyn can assist me with the publication of the ordiance. I'll also e-mail a copy of the draft documents for your review. Thanks for all your help on this lengthy (6 months) and involved process. I think it went about as smooth as it could. Marty Woodworth Redevelopment Manager Town of Los Gatos 110 E. Main St. Los Gatos, CA 95031 (408) 354-6812 (408) 354-7593 fax e-mail: mwoodworth@town.Ios-gatos.ca.us CC: Figone, Debra; Lortz, Bud M David Krrwt Lee C. Rosenthal John. T. Nagle Polly V. Marshall Lynn Hutchins Richard A. Judd Karen k1, Tic iemaznn Thomas 11. %Webber. John T. Haaygu,d Dianne Jackson McLean Michelle D. Brewer Jennifer K. 13eJ.1 Carolyn A. Cold Robert rt C. Mills Isabel L. Brown Claudia J. Martin William F. DiCami114 Rafael Manilr=lman Margaret F. Jung Emily B. Longi'ellov Heather J. Gould Retired Stkwen H. Goldfarb Barry R.. Lipman Oakland 510. 8116-6 33lfi 510.t ,3fi-10:ifY FAX San F'ranr'sro 415 f 88- iit;gi Los Angeles 2la 627-6 3.3ti MI! LaW Offlc"tis r, ( -_ARR, & LIPIVIAN 1300 f) Clay Street Ninth Moor City Center F'la a Oakland California 94612 October 9, 2003 Marty Woodworth Town of Los Gatos Community Developme Civic Center, 110 E. Ma F.O. Box 949 Los Gatos, CA 95031 Re: Post -Ado s tion Ste Dear Marty: This letter contai procedures required by to the Redevelopment PI "Plan Amendment"). 1. CEIA D Quality Act (CEQA) Gu environmental documen the Plan Amendment. both the Town of Los G Agency. The California D County Clerk for the fili Notice of Determination approved is $850. Pleas waiver of the $850 filin Notice of Determination The County Cler fee should only be charg the Town and the Agenc 1151\011173053.1 fl t Department n Street VIA EMAIL & U.S. MAIL s for the Central Los Gatos Redevelopment Project s instructions to complete the post -plan amendment adoption e California Redevelopment Law for the Second Amendment n for the Central Los Gatos Redevelopment Project Area (the cuments. Section 15075(d) of the California Environmental delines requires the filing of Notice of Determination of ation with the County Clerk within five days of adoption of e have prepared for your use the Notice of Determination for tos as the Lead Agency and for the Agency as a Responsible partment of Fish & Game assesses a fee, collected by the g of environmental documents. The fee for the filing of a for a project for which environmental documentation was use the enclosed Certificate of Fee Exemption to allow fee. This document must be filed at the time of filing of the may also charge a $25 fee for its administration costs. The d once even though the Notice of Determination is for both . You may want to call ahead of time to determine whether Marty Wood w orth October 9, 2003 Page 2 you will need to take a check (since the $25 fee is not charged by every county) at the time you file the Notice of Determination. The Notice of Determination should be filed with the County Clerk the day after the Ordinance is adopted, as the filing and posting of the Notice starts a 30-day statute of limitations on court challenges to the approval of the Plan Amendment under CEQA. Please take an extra copy of the Notice to the County Clerk so you can get a file -stamped copy of the Notice for mailing to the Office of Planning and Research (the "OPR") and for your records. As a courtesy, a filed copy of the Notice should be sent to the Office of Planning and Research in Sacramento. We have prepared and enclosed a transmittal letter as well as a declaration of mailing to accomplish this purpose. 2. Statement of Institution On the day following adoption of the Plan Amendment (October 20, 2003), the enclosed Statement of Institution of Redevelopment Plan Amendment (with a copy of Plan Amendment and Ordinance as attachments A and B, respectively) must be recorded with the Santa Clara County Recorder. This recording should be done in person (not by mail). To accomplish the recording, please sign the original Statement and have your signature notarized in the place provided, make a copy of the signed Statement and attach a copy of the Plan Amendment and Ordinance to both the original and copy of the Statement. The original and one copy of the Statement of Institution (with attachments) should be taken to the County Recorder. The Recorder will keep the original and stamp the copies as "conformed copies" and return them to you while you wait. The original documents will be mailed back after they have been recorded on the County's records. After recordation, a copy of the recorded Statement of Institution (with attachments) must be transmitted by certified mail, return receipt requested, to the County Auditor, Assessor, Tax Collector, Administrator, State Board of Equalization, and all affected taxing entities. Copies of the "conformed" recorded documents will be used for the transmittal to the above -referenced entities. Please return copies of the recorded Statement of Institution (with attachments) to this office for our records. Please keep one set for the Agency's records. We have prepared the enclosed letter to accompany the transmittal of these documents. 3. Publication of Ordinance. The Plan Amendment Adoption Ordinance must be published in both the Los Gatos Weekly Times within 15 days of adoption. We would like a copy of the proof of publication for the publications of the Ordinance. 4. Letter to the Redevelopment Agency. Pursuant to Health and Safety Code Section 33373, a recorded copy of the Ordinance should also be sent to Agency as the body vested with the responsibility for carrying out the Plan Amendment. We 1151\01\173053.1 i� Marty Woodworth October 9, 2003 Page 3 have prepared and enclosed a memo for this transmittal. You will need to fill in the Ordinance number in the blank space in the memo. The enclosed documents will also be sent you via e-mail. Please sure to fill in all blanks before using the transmitted documents. Please send us copies of the filed Notice of Determination, conformed copy of the Statement of Institution (with attachments), letters to OPR, taxing agencies, and Redevelopment Agency, and Declarations of Mailing for our records. Please call Jack or me if you have any questions or concerns regarding the instructions contained in this letter. Sincerely, /S/Phuong Y. Lam Project Coordinator plam@goldfarblipman.com pyl: Enclosures 173046; 173062; & 173023 11511011173053.1 Marlyn Rasmussen - Re: Document Page 1 From: Marty Woodworth To: Rasmussen, Marlyn Date: 10/22/03 11:28 A M Subject: Re: Document Will do Marty Woodworth Redevelopment Manager Town of Los Gatos 110 E. Main St. Los Gatos, CA 95031 (408) 354-6812 (408) 354-7593 fax e-mail: mwoodworth@town.los-gatos.ca.us »> Marlyn Rasmussen 10/22/03 09:59AM »> You had Lisa -Maria notarize a recording yesterday!!!! Did you keep a copy of it if you sent it somewhere and, please may I have a copy of it until the Original comes back and then we will exchange - you get the copy I get the ORIGINAL. thx Town Council Minutes October 20, 2003 Redevelopment Agency Los Gatos, California EXAMINATION OF SALES AND USE TAX RECORDS/RESOLUTION 2003-123 (10.09) Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council adopt Resolution 2003-123 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING EXAMINATION OF THE STATE BOARD OF EQUALIZATION'S SALES AND USE TAX RECORDS FOR THE TOWN OF LOS GATOS BY THE TOWN'S SALES TAX CONSULTANT AND TOWN STAFF DESIGNATED BY THE TOWN MANAGER. Carried unanimously. WINCHESTER BOULEVARD 14561/TRACT 9521/FINAL MAP/RESOLUTION 2003-124 (11.15) Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council adopt Resolution 2003-124 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING THE FINAL MAP OF TRACT 9521, ACCEPTING THE DEDICATIONS, AND AUTHORIZING THE TOWN MANAGER TO EXECUTE THE CONTRACT FOR PUBLIC IMPROVEMENTS. Carried unanimously. ENGINEERING TRAFFIC SURVEY/ESTABLISHING SPEED LIMITS/ORDINANCE 2119 (12.41) Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council adopt Ordinance 2119 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 15-30.235 OF THE LOS GATOS TOWN CODE FOR ESTABLISHING SPEED LIMITS ON CERTAIN STREETS, which was introduced at the regular Council meeting of Septemberl5, 2003. Carried unanimously. AMENDMENT TO THE DOWNTOWN REDEVELOPMENT AGENCY/ORDINANCE 2120 (13.27) Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council adopt Ordinance 2120 entitled, 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, which was introduced at the regular Council meeting of October 6, 2003. Carried by a vote of 3 ayes. Ms McNutt and Mrs. Decker abstained due to conflict of interest. MINUTES OF OCTOBER 6, 2003 (14.V) Motion by Mr. Pirzynski, seconded by Mr. Glickman, that the Council/Agency approve the Minutes of October 6, 2003, Joint Town Council/Redevelopment Agency Study Session on the Parking Management Plan as submitted. Carried unanimously. PROJECT 0108/STREETSCAPE/NORTH SANTA CRUZ AVENUE/PHASE I BEAN TO BACHMAN INTERSECTION/RESOLUTIONS 2003-125 & 2003-27RD (15.24&31) Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council/Agency adopt Resolutions 2003- 125 & 2003-27RD entitled, RESOLUTION OF THE TOWN COUNCIL & REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS ACCEPTING WORK OF ROBERT A. BOTHMAN, INC. FOR PROJECT 0108 - NORTH SANTA CRUZ AVENUE STREETSCAPE PROJECT - PHASE I (BEAN TO BACHMAN INTERSECTION) AND AUTHORIZING THE TOWN MANAGE/EXECUTIVE DIRECTOR TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY THE TOWN CLERK/SECRETARY. Carried unanimously. N:1CLK\Council Minutes120031M 10-20-03.wpd 3