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Item 15 Desk Item Joint Public Hearing of the Redevelopment Agency and the Town Council of the Town of Los Gatos on the Second Amendment to the Redevelopment Plan for the Central Los Gatos Redevelopment Project Area and Consideration of Negative DeclaratiMEETING DATE: 10/6/03 ITEM NO. 15 DESK ITEM COUNCIL/REDEVELOPMENT AGENCY AGENDA REPORT DATE: TO: FROM: DEBRA J. FIGONE TOWN MANAGER/EXECUTIVE 1M ECTOR OCTOBER 6, 2003 MAYOR AND TOWN COUNCIL/REDEVELOPMENT AGENCY BOARD SUBJECT: JOINT PUBLIC HEARING OF THE REDEVELOPMENT AGENCY AND THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ON THE SECOND AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL LOS GATOS REDEVELOPMENT PROJECT AREA AND CONSIDERATION OF NEGATIVE DECLARATION REMARKS Attached is a letter of correspondence from Attorney Rob. D. MacDonald who represents the Bella Vista Homeowners Association. Mr. MacDonald requests that the Bella Vista Village townhomes be exempted from eminent domain under the redevelopment plan. Attachments: 1. - 6. Previously submitted 7. Letter from Attorney Rob D. MacDonald PREPARED BY: Marty Woodworth Redevelopment and Economic Vitality Director N:\DEV\Marty\eniinentdomain2003\deskitemoct6.wpd Reviewed by: SSAssistant Town Manager 9/--Town Attorney Clerk Finance Community Development Revised: 10/6/03 11:36 am Reformatted: 5/30/02 r WHITE & MacDONALD, LLP ATTORNEYS AT LAW 99 Almaden Blvd., Suite 1050 SAN JOSE, CALIFORNIA 95113-1716 (408) 345-4000 RICHARD G. WHITE, INC. ROB D. MacDONALD STEVEN M. WHITE JAMES P. HILLMAN October 3, 2003 Town Counsel Town of Los Gatos P.O. Box 949 Los Gatos, CA. 95031 Re: Bella Vista Village Homeowners Association Dear Counsel: FACSIMILE(408) 345-4020 RECEIVED OCT 0 6 2003 MAYOR & TOWN COUNCIL Our office represents the Bella Vista Village Homeowners Association, a California Nonprofit Mutual Benefit Corporation formed for the purpose of managing the common interest development commonly known as Bella Vista Village, located near Alberto Way and Bella Vista Avenue in the Town of Los Gatos. The development consists of common area and 46 individually owned townhouses constructed in approximately 1996 and 1997. The residences in Bella Vista Village are located on Cuesta De Los Gatos Way, Treseder Court and Maggi Court. We have been asked to write on behalf of the Association and its members to request that the Counsel designate the property to be exempt from eminent domain under the Los Gatos Redevelopment Project plan currently under consideration for renewal. The property consists of newer, privately owned, residential structures and improvements appurtenant thereto. We are informed that, at the time the Redevelopment Project was initiated, other similar residential properties were exempted from eminent domain by resolution of the Counsel. Bella Vista Village had not yet been developed at that time, so exemption was not previously requested or considered. At the Counsel meeting on October 6, we request that the Counsel make a recordable resolution that the Bella Vista Village property is exempt from acquisition by eminent domain. We request that the resolution exempt the property from eminent domain under the redevelopment plan, and mandate that the redevelopment agency shall have no power of eminent domain as to the property unless the redevelopment plan is thereafter amended to expressly make the property subject to acquisition by eminent domain. Thank you for your attention to this matter. If there are any questions, or if any additional information is needed, please do not hesitate to contact me. RDM/tih cc: Marty Woodworth, Redevelopment Manager Bella Vista Village Homeowners Association Very truly yours, Rob D. acDonald at,,g0/ ATTACHMENT 7 TOWN OF LOS GATOS CALIFORNIA REDEVELOPMENT AGENCY October 6, 2003 Minutes REDEVELOPMENT AGENCY The Redevelopment Agency/Town Council of the Town of Los Gatos met in the Council Chambers of the Town hall, 110 East Main Street, at 7:00 p.m., Monday, October 6, 2003, in joint regular session. ROLL CALL Present: Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman and Mayor/Chairman Sandy Decker. Absent: None. ACCOUNTS PAYABLE/RATIFICATION/SEPTEMBER 2003 (09.V) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that the Agency ratify the accompanying check registers for accounts payable invoices paid on September 12, 2003 and September 19, 2003 in the amount of $394,260.10. Carried unanimously. MINUTES OF SEPTEMBER 15, 2003 (10.V) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that the Agency approve the Minutes of September 15, 2003, Regular Joint Town Council/Redevelopment Agency Meeting as submitted. Carried unanimously. PUBLIC HEARING AMENDMENT TO THE DOWNTOWN REDEVELOPMENT AGENCY (15.27) RESOLUTIONS 2003-116 & 2003-26RD/ORDINANCE INTRODUCTION Mayor Decker stated that this was the time and place duly noted for public hearing to consider (A) adopting concurrent resolution making findings and approvals required by CEQA in connection with the Negative Declaration prepared for the adoption of the amendment to the Redevelopment Plan and (B) introducing proposed ordinance to amend the Redevelopment Plan for the Central Los Gatos Redevelopment Project Area. Orry Korb, Town Attorney, explained that four Council Members live within the Conflict of Interest Zone and would have to draw lots to determine who would remain to make a decision on this item and who would have to leave the room. Vice Mayor Glickman would preside. Mayor Decker and Council Member McNutt drew the cards requiring them to leave the room during the discussion. The following people from the audience addressed this issue: Charles Reed representing the homeowners in the development between Alberto Way and Bella Vista asked that this area be included in the single family residential designation so as not to fall under possible eminent domain proceedings. Edward Rhodes spoke of his past experience with eminent domain proceedings. He was concerned about property on Industrial Way. N:ICLKICouncil Minutes\2003\RA 10-06-03.wpd Minutes of the October 6, 2003 Redevelopment Agency Los Gatos, California PUBLIC HEARING CONTINUED AMENDMENT TO THE DOWNTOWN REDEVELOPMENT AGENCY/CONT. RESOLUTIONS 2003-116 & 2003-26RD/ORDINANCE INTRODUCTION Speakers continued: Ben Fernandez spoke of his residential property on University Avenue which is zoned commercial. He wanted to know if he would fall under possible eminent domain proceedings. There were no further speakers from the audience. Vice Mayor Glickman closed the public hearing. Orry Korb, explained the eminent domain process and noted that it was very unlikely that any of the speakers' properties would fall under those proceedings. The Redevelopment Agency has not made use of emminent domain in 12 years and has no plans to do so now. If it was to be used it would act as a financial aid in helping owners deal with blighted property within the project area. Motion by Mr. Wasserman, seconded by Mr. Pirzynski, that Council adopt Resolutions 2003-116 & 2003-26RD entitled, CONCURRENT RESOLUTION OF THE TOWN COUNCIL AND REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS MAKING FINDINGS AND APPROVALS REOUIRED BY THE CALIFORNIA ENVIRONMENTAL OUALITY ACT IN CONNECTION WITH THE NEGATIVE DECLARATION PREPARED FOR THE ADOPTION OF THE AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL LOS GATOS REDEVELOPMENT PROJECT AREA. Carried by a vote of 3 ayes. Ms McNutt and Mrs. Decker abstained due to conflict of interest. The Town Clerk read the Title of the Proposed Urgency Ordinance. Motion by Mr. Wasserman, seconded by Mr. Pirzynski, to waive the reading of the Proposed Ordinance. Carried by a vote of 3 ayes. Ms McNutt and Mrs. Decker abstained due to conflict of interest. Motion by Mr. Wasserman, seconded by Mr. Pirzynski, that Council introduce Proposed Ordinance entitled, ORDINANCE 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. Carried by a vote of 3 ayes. Ms McNutt and Mrs. Decker abstained due to conflict of interest. ADJOURNMENT Chairman Decker closed this evening's meeting at 10:50 p.m. ATTEST: Marian V. Cosgrove Secretary to the Redevelopment Agency N:\CLK\Council Minutes\2003\RA 10-06-03.wpd PROOF OF 'IBLICATION (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, 95032, 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: Aikki.L111 Jg I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated: it)Iu-C&gr Ann 3----- at San Jose, California Ld atz) Kathy Wrpghtson Filing Stamp .00F OF PUBLICATION CSC( att-olutu Ko1/40 TOWN OF LOS GATOS • LEGAL NOTICE JOINT PUBLIC HEARING AND COMMUNITY MEETING AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL LOS GATOS REDEVELOPMENT PROJECT AREA NOTICE 15 HEREBY GIVEN that the Town Council of the Town of Los Gatos (the "Town Council") and the Redevelopment Agency of the Town of Los Gatos (the "Agency") will hold a joint public hearing on October 6. 2003 at 7:00 p.m. in the Town Council Chambers at Town Hall, located at 110 E. Main Street, Los Gatos, California. The hearing may be continued from time to time until completed. Any person desiring the opportunity to be heard will be afforded an opportunity to do so. The purpose of the hearing is to consider a certain amendment described below to the Redevelopment Plan for the Central Los Gatos Redevelopment Project Area, adopted by Ordinance No. 1882 on November 25, 1991, and as amended by Ordinance No.1992 on December 5, 1994 (the "Plan"). The cur- rently proposed amendment to the Plan is incorporated in a proposed Amendment to the Redevelopment Plan for the Central Los Gatos Redevelopment Project Area (the "Plan Amendment"). Notice is also given that a community meeting to discuss and answer questions regarding the proposed Plan Amendment will be conducted by Town and agency staff at 6:00 p.m. on September 23, 2003 at the Town Council Chambers at Town Hall, located at 110 E. Main Street. Los Gatos, California. The purpose of the proposed Plan Amendment is to extend the deadline for commencement of eminent domain proceedings by the Agency for property within the Central Los Gatos Redevelopment Project Area (the "Project Areal by twelve years. The Plan has authorized a limited power of eminent domain (condemnation) within the Project Area since its adoption in 1991. The Plan Amendment would extend for an additional twelve years the Agency's power of eminent domain in exactly the same manner it currently exists. Both the current 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-1D (Single -Family Residential Downtown) zoned properties as defined by the Los Gatos Zoning Ordinance as of December 25,1991 (the date the Plan became effective). The proposed Plan Amendment will not change any of the financial provisions of the Plan (e.g. limits on allocation dim increment revenue to the Agency, limits on times to incur debt or collect tax increment, or limits on the amount of outstanding bonded indebtedness), or the proposed activities of the Agency to promote redevelopment of the Project Area. The Project Area is situated in the Town of Los Gatos, County of Santa Clara, State of California. The legal description of the boundaries of the Project Area is set forth in Exhibit A to the Plan adopted by Ordinance No. 1882 on November 25, 1991, and is recorded in the Offices of the County Recorder of Santa Clara County on December 5, 1991, in Book 1955, at page 1734, Official Records. The boundaries of the Project Area will not be changed as a result of the Plan Amendment. A map showing the Project Area boundaries is attached to this Notice. The Town and Agency have prepared a Negative Declaration regarding environmental impacts of the proposed Plan Amendment. A copy of this Negative Declaration is available for review at the offices of the Agency. Any and all persons having any comments on or objections to the proposed Plan Amendment, or the regularity of any prior proceeding, or who wish to speak on any issue raised by the Plan Amendment or the Negative Declaration as it relates to the Plan Amendment may appear at the hearing and show cause why the proposed Plan Amendment should not be adopted. In addition at any time not later than the time set forth for the hearing an the Plan Amendment, any person may file in writing with the Town Clerk a statement of objections to the proposed Plan Amendment. In accordance with the California Community Redevelopment Law, the Agency has prepared a Report on the Plan Amendment. The Plan Amendment and Report on the Plan Amendment are available for inspection in the offices of the Agency, located at Civic Center, 110 E. Main Street, Los Gatos, California. For further information about the Plan Amendment and related documents, please contact Marty Woodworth. Redevelopment Manager for the Agency, at (408) 354.6812. This notice is published pursuant to order of the Town Council of Town of Los Gatos and the Redevelopment Agency of the Town of Los Gatos. ATTEST: /s/ Marian V. Cosgrove, Town Clerk (Pub LG 9/3, 9/10, 9/17 & 9/24) PROOF OF ''UBLICATION (2015.5 L .. P.) 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, 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: I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated-W\UJ--)\7 c9j t 0 �J at San Jose, California W/CI ktArsu Kathy Wrightson Filing Stamp ..JOF OF PUBLICATION TOWN OF LOS GATOS • LEGAL NOTICE JOINT PUBLIC HEARING AND COMMUNITY MEETING AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL LOS GATOS REDEVELOPMENT PROJECT AREA NOTICE IS HEREBY GIVEN that the Town Council of the Town of Los Gatos (the "Town Council") and the Redevelopment Agency of the Town of Los Gatos (the "Agency") will hold a joint public hearing on October 6, 2003 at 7:00 p.m. in the Town Council Chambers at Town Hall, located at 110 E. Main Street, Los Gatos, California. The hearing may be continued from time to time until completed. Any person desiring the opportunity to be heard will be afforded an opportunity to do so. The purpose of the hearing is to consider a certain amendment described below to the Redevelopment Plan for the Central Los Gatos Redevelopment Project Area, adopted by Ordinance No. 1882 on November 25, 1991, and as amended by Ordinance No. 1992 on December 5, 1994 (the "Plan"). The cur- rently proposed amendment to the Plan is incorporated in a proposed Amendment to the Redevelopment Plan for the Central Los Gatos Redevelopment Project Area (the "Plan Amendment"). Notice is also given that a community meeting to discuss and answer questions regarding the proposed Plan Amendment will be conducted by Town and agency staff at 6:00 p.m. on September 23, 2003 at the Town Council Chambers at Town Hall, located at 110 E. Main Street, Los Gatos, California. The purpose of the proposed Plan Amendment is to extend the deadline for commencement of eminent domain proceedings by the Agency for property within the Central Los Gatos Redevelopment Project Area (the "Project Area') by twelve years. The Plan has authorized a limited power of eminent domain (condemnation) within the Project Area since its adoption in 1991. The Plan Amendment would extend for an additional twelve years the Agency's power of eminent domain in exactly the same manner it currently exists. Both the current 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-1D (Single -Family Residential Downtown) zoned properties as defined by the Los Gatos Zoning Ordinance as of December 25, 1991 (the date the Plan became effective). The proposed Plan Amendment will not change any of the financial provisions of the Plan (e.g. limits on allocation of tax increment revenue to the Agency, limits on times to incur debt or collect tax increment, or limits on the amount of outstanding bonded indebtedness), or the proposed activities of the Agency to promote redevelopment of the Project Area. The Project Area is situated in the Town of Los Gatos, County of Santa Clara, State of California. The legal description of the boundaries of the Project Area is set forth in Exhibit A to the Plan adopted by Ordinance No. 1882 on November 25, 1991, and is recorded in the Offices of the County Recorder of Santa Clara County on December 5, 1991, in Book L955, at page 1734, Official Records. The boundaries of the Project Area will not be changed as a result of the Plan Amendment. A map showing the Project Area boundaries is attached to this Notice. The Town and Agency have prepared a Negative Declaration regarding environmental impacts of the proposed Plan Amendment. A copy of this Negative Declaration is available for review at the offices of the Agency. Any and all persons having any comments on or objections to the proposed Plan Amendment, or the regularity of any prior proceeding, or who wish to speak on any issue raised by the Plan Amendment or the Negative Declaration as it relates to the Plan Amendment may appear at the hearing and show cause why the proposed Plan Amendment should not be adopted. In addition at any time not later than the time set forth for the hearing on the Plan Amendment. any person may file in writing with the Town Clerk a statement of objections to the proposed Plan Amendment. In accordance with the California Community Redevelopment Law, the Agency has prepared a Report on the Plan Amendment. The Plan Amendment and Report on the Plan Amendment are available for inspection in the offices of the Agency, located at Civic Center, 110 E. Main Street, Los Gatos, California. For further information about the Plan Amendment and related documents. please contact Marty Woodworth, Redevelopment Manager for the Agency, at (408) 354-6812. This notice is published pursuant to order of the Town Council of Town of Los Gatos and the Redevelopment Agency of the Town of Los Gatos. ATTEST: /s/ Madan Y. Cosgrove, Town Clerk (Pub LG 9/3, 9/10, 9/17 & 9/24) ' ,) I J I I r