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Item 15 Staff Report 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 DeclarDATE: TO: FROM: MEETING DATE: 10/6/03 ITEM NO. / COUNCIL/REDEVELOPMENT AGENCY AGENDA REPORT SEPTEMBER 29, 2003 MAYOR AND TOWN COUNCIL/REDEVELOPMENT AGENCY BOARD DEBRA J. FIGONE TOWN MANAGER/EXECUTIVE DIRE r OR 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 RECOMMENDATION: 1. Open and hold the public hearing and receive public testimony; 2. Close the public hearing; 3. Adopt the concurrent resolution (Attachment 1) making findings and approvals required by CEQA in connection with the negative declaration prepared for the adoption of the amendment to the Redevelopment Plan; 4. Move to waive the reading of the ordinance; 5. Direct the Clerk to read the title of the ordinance; 6. Introduce the ordinance (Attachment2) to amend the Redevelopment Plan for the Central Los Gatos Redevelopment Project Area. BACKGROUND: The Town of Los Gatos formed a redevelopment area in 1991 as a means to rebuild infrastructure in the downtown area following the devastating Loma Prieta Earthquake in 1989. Some recent projects that have been financed by the Redevelopment Agency include the reconstruction of the Town Plaza Park; downtown storm drains, sidewalks, landscaping and streetscape improvements; parking improvements; new street banners and a contribution to the new community swimming pool PREPARED BY: Marty Woodworth(4 / Redevelopment and Economic Vitality Director Reviewed by: Assistant Town Manager QE/Town Attorney Clerk Finance community Development Revised: 9/29/03 5:41 pm Reformatted: 5/30/02 PAGE 2 MAYOR AND TOWN COUNCIL/REDEVELOPMENT AGENCY BOARD SUBJECT: JOINT PUBLIC HEARING ON REDEVELOPMENT PLAN AMENDMENT September 29, 2003 at Los Gatos High School. In addition, as required by Redevelopment Law, the Agency has worked to create affordable housing in Los Gatos including the 12 unit rental project on Miles Ave., a Habitat for Humanity house on Charles St., and most recently, a five unit home for very low-income seniors on Blossom Hill Rd. These projects are paid for with tax increment revenues which result in no increase in taxes for Los Gatos property owners. DISCUSSION The purpose of the proposed Redevelopment Plan Amendment is to extend the deadline for commencement of eminent domain proceedings by the Agency within the Central Los Gatos Redevelopment Project Area by 12 years. Redevelopment Law limits eminent domain authority to 12 year increments. As such, each redevelopment agency must amend their plan every 12 years to maintain this authority. The current Redevelopment 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 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 Redevelopment Plan became effective). It should be noted that the Agency has not used its power of eminent domain to date and has no current plans to acquire particular properties. However, the power of eminent domain remains a tool that may be needed in the future to carry out the goals and objectives of the Redevelopment Plan. The use of this tool would be limited and used only as a last resort toward a project of greater community benefit. Staff has initiated a process in order to complete the Plan Amendment and extend the Agency's eminent domain authority by the end of this calendar year. This process has included the following actions: • On August 18, 2003 the Town Council/Redevelopment Agency Board adopted a resolution setting October 6, 2003 as the date for a joint public hearing to considered the Plan Amendment. On September 10, 2003 the Planning Commission adopted the attached resolution recommending to the Town Council that the Negative Declaration is adequate; that the proposed Plan Amendment conforms to the General Plan, and; forwarding a report and recommendation to the Town Council. Extensive notification was given as required by Redevelopment Law including mailing first class mail notices to all property owners and occupants in the Redevelopment Project Area (approximately 3000 notices), publication of notice for four consecutive weeks in a newspaper of general circulation, and; notification by certified mail to all affected taxing entities. This notice provided information on the Plan Amendment and the community meeting held on September 23, 2003 and the joint public hearing scheduled for October 6, 2003. PAGE 3 MAYOR AND TOWN COUNCIL/REDEVELOPMENT AGENCY BOARD SUBJECT: JOINT PUBLIC HEARING ON REDEVELOPMENT PLAN AMENDMENT September 29, 2003 As required by Redevelopment Law, a community meeting was noticed and held on September 23, 2003 in order to explain the proposed plan amendment and answer questions that property owners and occupants may have. Approximately 8 people attended this meeting and the sign in sheet and minutes for the meeting are attached. Concern from two commercial property owners and one townhouse owner was expressed concerning the eminent domain extension. Staff explained to those attending that the Agency would only consider using eminent domain in extreme circumstances, and only after extensive efforts to negotiate a voluntary sale of property failed. Staff further explained that the Agency has not used this power in the past 12 years and has no present plans to use it. Staff explained that the Los Gatos Redevelopment Plan calls for the reconstruction of infrastructure in the downtown area, and this is the primary role of the Agency, as well as providing affordable housing. Should the Agency need to acquire property the most likely use would be to provide additional parking or access to properties. Staff explained that property acquisition is very expensive and that the Redevelopment Agency's resources are very limited. $10 million in COP's (bonds) were sold in July, 2002 to finance the infrastructure improvements downtown. It is unlikely that the Agency will have sufficient revenues to issue additional bonds for projects for another 5 to 10 years. In addition, the State of California continues to require ERAF payments by redevelopment agencies statewide, thereby reducing revenues for projects. Los Gatos will have an ERAF payment of approximately $209,000 for FY 2003/04. In summary, staff explained that the likelihood of the Agency using its eminent domain power is low, however, it remains a tool that the Agency feels that it is important to retain. As of the date of this report, staff has received two letters of opposition. The letter from Charles Reed is attached and requests that the Bella Vista Village Residential Homes be exempted from the provisions of eminent domain. Staff has spoken with Mr. Reed and an attorney representing the homeowners in this development and explained that the Redevelopment Plan does not contemplate any actions in this area there is no reason why the Agency would utilize its power of eminent domain in this area. This is a new townhouse development that generates substantial property tax revenues for the Agency and the development is consistent with the zoning and General Plan for the area. Mr Reed also attended the above referenced community meeting. The attached letter from Raymond and Pearl Nelson (they own the building at 108 N. Santa Cruz Ave.) requests that the power of eminent domain for the Agency not be renewed. They are concerned about the Agency wanting to acquire their property. Staff has met with Mr. Nelson and indicated that his building fronts Santa Cruz Ave. and fits in with the downtown and maintains the retail continuity along Santa Cruz Ave. Staff does not believe this property would ever be needed or be appropriate for public parking or other public uses. The Nelson's also attended the above referenced community meeting. PAGE 4 MAYOR AND TOWN COUNCIL/REDEVELOPMENT AGENCY BOARD SUBJECT: JOINT PUBLIC HEARING ON REDEVELOPMENT PLAN AMENDMENT September 29, 2003 CONCLUSION: The Agency's power of eminent domain will expire on December 25, 2003 unless it is extended through a process of a Plan Amendment. Staff has initiated a plan amendment process to extend the eminent domain authority for a period of 12 years. This process has involved extensive public notification and an opportunity for concerned property owners and occupants in the redevelopment project area to be heard. As of the date of this report, there has been concern expressed by several property owners. Staff has made every effort to explain to them the role of the Redevelopment Agency and address their concerns. However, staff is aware that concern still exists by these property owners. As noted, the Plan Amendment is solely for the purpose of extending the Agency's eminent domain authority and does not change any of the goals and objectives, financing or other provisions of the Los Gatos Redevelopment Plan. 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 that are located upon R-1 (Single Family Residential) and R-1D (Single -Family Residential Downtown) zoned properties. The Agency has not used its power of eminent domain to date and has no current plans to acquire particular properties. However, the power of eminent domain remains a tool that may be needed in the future to carry out the goals and objectives of the Redevelopment Plan. The use of this tool would be limited and used only as a last resort toward a project of greater community benefit. ENVIRONMENTAL ASSESSMENT: A Negative Declaration has been prepared for this project. FISCAL IMPACT: The approval of the proposed plan amendment will have not direct fiscal impact on the Town or the Redevelopment Agency. fl PAGE 5 MAYOR AND TOWN COUNCIL/REDEVELOPMENT AGENCY BOARD SUBJECT: JOINT PUBLIC HEARING ON REDEVELOPMENT PLAN AMENDMENT September 29, 2003 Attachments: 1. Concurrent Resolution making findings and approvals required by CEQA in connection with the Negative Declaration that has been prepared for the project 2. Ordinance approving and adopting the Second Amendment to the Redevelopment Plan for the Central Los Gatos Redevelopment Project Area 3. Report on the Second Amendment to the Redevelopment Plan for the Central Los Gatos Redevelopment Area 4. Environmental Checklist Form and Negative Declaration 5. Letter(s) of correspondence received concerning the Plan Amendment 6. Supplement to the Report on the Second Amendment to the Redevelopment Plan for the Central Los Gatos Redevelopment Project Area, which includes the following: A. Report and recommendation of the Planning Commission adopted on September 10, 2003 B. Copies of notice of Joint Public Hearing C. List of attendees at September 23, 2003 community meeting and minutes from the community meeting D. Notice to Taxing Entities N:\DEV\Marty\eminentdomain2003\councilreportoct603.wpd 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 NO. 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 Attachment 2 11511011171811.1 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; 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-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 evidence presented at the joint public hearing, the Town Council finds and determines with respect to the Plan Amendment that: 1151\011171811.1 2 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 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 1151\01\171811.1 3 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; necessary; and c) Encourage and ensure the redevelopment of the Project Area; d) Encourage and foster the economic revitalization of the Project Area, as 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. 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. 1151\011171811.1 .4 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. 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: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR/CHAIR OF THE REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK/SECRETARY OF THE REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA 1151101\171811.1 5 STATE OF CALIFORNIA 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 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 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. 1151\011171811.1 EMINENT DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL LOS GATOS REDEVELOPMENT PROJECT Adopted October 6, 2003 Ordinance No. 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.' 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. 1151 \01 \169029.1 ATTACHMENT 1 [ATTACH MAP SHOWING BOUNDARIES OF PROJECT AREA] 1151\01\169029.1 . `. . .. .0 RESOLUTION 2003 - 26RD CONCURRENT RESOLUTION OF THE TOWN COUNCIL AND REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS MAKING FINDINGS AND APPROVALS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY 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 WHEREAS, the Town of Los Gatos (the "Town"), serving as "lead agency" under the California Environmental Quality Act and the applicable state and local implementing guidelines ("CEQA"), has prepared a negative declaration (the "Negative Declaration") that has evaluated the proposed Amendment to the Redevelopment Plan for the Central Los Gatos Redevelopment Project Area (the "Plan Amendment"); WHEREAS, the Redevelopment Agency of the Town of Los Gatos (the "Agency") has served as a "responsible agency" under CEQA in connection with processing and consideration of the Negative Declaration; WHEREAS, the Negative Declaration, a copy of which is on file with the Town Clerk and Agency Secretary, has served as the CEQA documentation for consideration and approval of the Plan Amendment; WHEREAS, the Town Council and Agency have reviewed the Negative Declaration and the proposed Plan Amendment; and WHEREAS, the sole purpose of the Plan Amendment is to extend the deadline for commencement of eminent domain proceedings by the Agency within the Central Los Gatos Redevelopment Project Area (the "Project Area") by twelve (12) years; and WHEREAS, by staff report accompanying this Resolution and incorporated into this Resolution by this reference (the "Staff Report"), the Town has been provided with additional information upon which the findings and actions set forth in this Resolution are based, including any public comment received on the Negative Declaration. 1151101\171942.1 1 NOW, THEREFORE, BE IT RESOLVED THAT the Town Council and Agency certify their review and consideration of the Negative Declaration, and any public comments received thereon, in accordance with CEQA, and state their intention that the Negative Declaration serve as the environmental documentation for the Town Council's consideration of the Plan Amendment in compliance with CEQA. BE IT FURTHER RESOLVED THAT the Town Council, as Lead Agency, hereby finds and determines, based on the whole record before it (including the Negative Declaration, the initial study and any comments received) that there is no substantial evidence that the Plan Amendment will have a significant effect on the environment and that the Negative Declaration reflects the Town Council's independent judgement and analysis. BE IT FURTHER RESOLVED THAT the Agency, as a Responsible Agency, hereby finds and determines that the Negative Declaration adequately addresses the environmental issues pertaining to the Plan Amendment and property concludes that the Plan Amendment will not have a significant effect on the environment. BE IT FURTHER RESOLVED THAT the Town Council and Agency approve and adopt the Negative Declaration. BE IT FURTHER RESOLVED THAT the Town Clerk shall be the custodian of the record upon which the Town's findings and approvals herein are based, and that some record shall be held at the office of the Town Clerk located at: Civic Center, 110 E. Main Street, Los Gatos, California. BE IT FURTHER RESOLVED THAT the Town Clerk and the Agency Executive Director are hereby authorized and directed to file a Notice of Determination in accordance with 14 Cal. Code of Regulations, Section 15075, evidencing the Town's and Agency's use of the Negative Declaration in connection with the Plan Amendment. BE IT FURTHER RESOLVED THAT, based on the information and analysis set forth in the Negative Declaration, there is no evidence that the Plan Amendment would have any 1151\01\171942.1 2 potential for adverse impact on wildlife resources, and, therefore, a certificate of fee exemption will be submitted with the notice of determination filed in connection with the Plan Amendment, as required by Public Resources Code Section 21089. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos and the Redevelopment Agency of the Town of Los Gatos held on the 6th day of October, 2003 by the following vote: COUNCIL/AGENCY MEMBERS AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman, Mayor Sandy Decker. NAYS: None ABSENT: None ABSTAIN: None SIGNED: /s/ Sandy Decker MAYOR/CHAIR OF THE REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: /s/ Marian V. Cosgrove TOWN CLERK/SECRETARY OF THE REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA 1151101\171942.1 3 RESOLUTION 2003 -116 CONCURRENT RESOLUTION OF THE TOWN COUNCIL AND REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS MAKING FINDINGS AND APPROVALS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY 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 WHEREAS, the Town of Los Gatos (the "Town"), serving as "lead agency" under the California Environmental Quality Act and the applicable state and local implementing guidelines ("CEQA"), has prepared a negative declaration (the "Negative Declaration") that has evaluated the proposed Amendment to the Redevelopment Plan for the Central Los Gatos Redevelopment Project Area (the "Plan Amendment"); WHEREAS, the Redevelopment Agency of the Town of Los Gatos (the "Agency") has served as a "responsible agency" under CEQA in connection with processing and consideration of the Negative Declaration; WHEREAS, the Negative Declaration, a copy of which is on file with the Town Clerk and Agency Secretary, has served as the CEQA documentation for consideration and approval of the Plan Amendment; WHEREAS, the Town Council and Agency have reviewed the Negative Declaration and the proposed Plan Amendment; and WHEREAS, the sole purpose of the Plan Amendment is to extend the deadline for commencement of eminent domain proceedings by the Agency within the Central Los Gatos Redevelopment Project Area (the "Project Area") by twelve (12) years; and WHEREAS, by staff report accompanying this Resolution and incorporated into this Resolution by this reference (the "Staff Report"), the Town has been provided with additional information upon which the findings and actions set forth in this Resolution are based, including any public comment received on the Negative Declaration. 1151\01\171942.1 1 n r NOW, THEREFORE, BE IT RESOLVED THAT the Town Council and Agency certify their review and consideration of the Negative Declaration, and any public comments received thereon, in accordance with CEQA, and state their intention that the Negative Declaration serve as the environmental documentation for the Town Council's consideration of the Plan Amendment in compliance with CEQA. BE IT FURTHER RESOLVED THAT the Town Council, as Lead Agency, hereby finds and determines, based on the whole record before it (including the Negative Declaration, the initial study and any comments received) that there is no substantial evidence that the Plan Amendment will have a significant effect on the environment and that the Negative Declaration reflects the Town Council's independent judgement and analysis. BE IT FURTHER RESOLVED THAT the Agency, as a Responsible Agency, hereby finds and determines that the Negative Declaration adequately addresses the environmental issues pertaining to the Plan Amendment and property concludes that the Plan Amendment will not have a significant effect on the environment. BE IT FURTHER RESOLVED THAT the Town Council and Agency approve and adopt the Negative Declaration. BE IT FURTHER RESOLVED THAT the Town Clerk shall be the custodian of the record upon which the Town's findings and approvals herein are based, and that some record shall be held at the office of the Town Clerk located at: Civic Center, 110 E. Main Street, Los Gatos, California. BE IT FURTHER RESOLVED THAT the Town Clerk and the Agency Executive Director are hereby authorized and directed to file a Notice of Determination in accordance with 14 Cal. Code of Regulations, Section 15075, evidencing the Town's and Agency's use of the Negative Declaration in connection with the Plan Amendment. BE IT FURTHER RESOLVED THAT, based on the information and analysis set forth in the Negative Declaration, there is no evidence that the Plan Amendment would have any 1151\01\171942.1 2 potential for adverse impact on wildlife resources, and, therefore, a certificate of fee exemption will be submitted with the notice of determination filed in connection with the Plan Amendment, as required by Public Resources Code Section 21089. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos and the Redevelopment Agency of the Town of Los Gatos held on the 6th day of October, 2003 by the following vote: COUNCIL/AGENCY MEMBERS AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman, Mayor Sandy Decker. NAYS: None ABSENT: None ABSTAIN: None SIGNED: /s/ Sandy Decker MAYOR/CHAIR OF THE REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: /s/ Marian V. Cosgrove TOWN CLERK/SECRETARY OF THE REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA 1151 \01 \171942.1 3