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Item 12 Staff Report Resolution of the Town Council and Redevelopment Agency of the Town of Los Gatos Authorizing a Joint Public Hearing to Consider Adoption of the Proposed Amendment to the Redevelopment Plan for the Central Los Gatos Redevelopment ProjeDATE: TO: FROM: SUBJECT: MEETING DATE: 8/18/03 12 COUNCIL/REDEVELOPMENT AGENCY AGENDA REPORT AUGUST 1, 2003 MAYOR AND TOWN COUNCIL/REDE DEBRA J. FIGONE, TOWN MANAGE ITEM NO. LOPMENT AGENCY BOARD DIRECTOR RESOLUTION OF THE TOWN COUNCIL AND REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS AUTHORIZING A JOINT PUBLIC HEARING TO CONSIDER ADOPTION OF THE PROPOSED AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL LOS GATOS REDEVELOPMENT PROJECT AREA RECOMMENDATION: Adopt resolution setting a Joint Public Hearing for October 6, 2003, 7:00 pm with the Town Council and Redevelopment Agency Board to consider the proposed amendment to the Redevelopment Plan to extend the Redevelopment Agency's power of eminent domain for 12 years and related actions. BACKGROUND: The Redevelopment Plan for the Central Los Gatos Redevelopment Area became effective on December 25,1991. Under Redevelopment Law, the provision for eminent domain remains in effect for 12 years and will expire on December 25, 2003 unless the Redevelopment Plan is amended to extend it for another 12 years. To effectively continue to implement redevelopment activities in Los Gatos, an amendment to the Redevelopment Plan is necessary and appropriate to extend the deadline to commence eminent domain proceedings by 12 years. The amendment will not add territory to the Redevelopment Project Area, change the financing provisions, or grant new authority to the Agency. PREPARED BY: Marty Woodworth Redevelopment and Economic Vitality Director N: \DE V\Marty\eminentdomain2003\eminentdomaincounci lreportaug03.wpd Reviewed by: B b5 Assistant Town Manager G,VTTown Attorney Clerk .5CFinance P- JiCommunity Development Revised: 8/11/03 10:58 am Reformatted: 5/30/02 n PAGE 2 MAYOR AND TOWN COUNCIL/REDEVELOPMENT AGENCY BOARD SUBJECT: RESOLUTION REGARDING REDEVELOPMENT PLAN AMENDMENT August 13, 2003 The Agency has a limited power of eminent domain (condemnation) within the Redevelopment Project Area, and the extension of the authority would be in exactly the same manner as 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). These provisions were intentionally adopted so as to protect homeowners from the possibility of having their homes purchased involuntarily. Although the Agency has not used its power of eminent domain to date, and the Agency would only use it to acquire property as a last resort if negotiations were unsuccessful, it remains an important tool for the Redevelopment Agency to maintain. Should the Agency exercise its power of eminent domain in the future, strict requirements of state law will be followed which insure property owners fair compensation as well as relocation and certain tax benefits. DISCUSSION: California Redevelopment Law requires a joint public hearing with the Town Council and Redevelopment Agency Board be conducted. The attached resolution authorizes the joint public hearing on October 6, 2003 at 7 pm in the Council Chamber, Town Hall, 110 E. Main St., Los Gatos, CA for the purposes of considering the Plan Amendment and the Report on the Plan Amendment for the Central Los Gatos Redevelopment Project Area. The resolution further directs Agency staff to: 1) publish a Legal Notice of the joint public hearing not less than once a week for four successive weeks prior to the public hearing in the Los Gatos Weekly Times; 2) to mail, by first class mail, a copy of the Notice to the last known address of each property owner in the Redevelopment Project Area as shown on the last equalized assessment roll of Santa Clara County; 3) to mail, by first class mail, a copy of the Notice to the occupants of each address in the Redevelopment Area, thereby providing additional notice to businesses and residents in the Project Area; and 4) to mail, (by certified mail, return receipt requested) a copy of the Notice to the governing body of each of the taxing agencies which levies taxes upon any property in the Project. The Town of Los Gatos Planning Commission is scheduled to adopt its Report and Recommendation to the Town Council regarding the proposed Plan Amendment at its regular meeting of September 17, 2003. As required by Redevelopment Law, Agency staff will conduct a community meeting on September 23, 2003, 6 pm in the Council Chambers, in order to explain the proposed amendment to concerned property owners, business owners and tenants and answer questions that they might have. r PAGE 3 MAYOR AND TOWN COUNCIL/REDEVELOPMENT AGENCY BOARD SUBJECT: RESOLUTION REGARDING REDEVELOPMENT PLAN AMENDMENT August 13, 2003 As noted above, on August 20, 2003 Agency staff will be mailing out first class letters to all property owners, business owners and tenants in the Redevelopment Area. A copy of the letter and notice that will be sent out is attached as Attachment 2. This will result in several thousand letters being mailed out to assure property notification. Also attached (Attachment 3) is the Report on the Second Amendment to the Redevelopment Plan for the Central Los Gatos Redevelopment Project. This Report contains a detailed description of the proposed amendment as required by Redevelopment Law. CONCLUSION: The adoption of the attached resolution will set October 6, 2003 as the date for a joint public hearing to consider an amendment to the Redevelopment Plan in order to extend the Agency's power of eminent domain for 12 years. In addition, the resolution directs staff to complete noticing as required by Redevelopment Law. The Planning Commission will review the proposed amendment at its meeting of September 17, 2003 and Agency staff will conduct a community meeting on September 23, 2003 to discuss the amendment with property owners, business owners and resident's in the Redevelopment Project Area. ENVIRONMENTAL ASSESSMENT: A Negative Declaration has been prepared for the Redevelopment Plan Amendment and will be considered for adoption by the Town Council at its meeting of October 6, 2003. FISCAL IMPACT: The extension of the Agency's power of eminent domain will enable the Redevelopment Agency to implement the goals of the Redevelopment Plan and should have a positive financial impact on the Redevelopment Project Area and those properties located withing the Project Area. It is estimated that the Plan Amendment process will cost approximately $20,000 in legal fees, noticing costs, and related items. Sufficient funds to pay for these costs are included in the Agency's FY 03/04 Adopted Budget. Attachments: 1. Concurrent Resolution of the Town Council and Redevelopment Agency 2. Notice to Property Owners and Occupants 3. Report on the Second Amendment to the Redevelopment Plan for the Central Los Gatos Redevelopment Project Distribution: Jack Nagle, Goldfarb and Lipman, 1300 Clay St., Ninth Floor, Civic Center Plaza Oakland, CA 94612 N:IDEV\Marty\eminentdomain2003\eminentdomaincounci lreportaug03.wpd RESOLUTION 2003 - 103 CONCURRENT RESOLUTION OF THE TOWN COUNCIL AND REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS AUTHORIZING A JOINT PUBLIC HEARING TO CONSIDER ADOPTION OF THE PROPOSED AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL LOS GATOS REDEVELOPMENT PROJECT AREA WHEREAS, the Redevelopment Agency of the Town of Los Gatos (the "Agency") has prepared an Amendment to the Redevelopment Plan for the Central Los Gatos Redevelopment Project Area (the "Plan Amendment") and a Report on the Plan Amendment; and WHEREAS, in connection with consideration of the Resolution, the Agency has transmitted copies of the Plan Amendment and Report on the Plan Amendment to the Town Council of the Town of Los Gatos (the "Town Council") for its review; and WHEREAS, there is a need for a joint public hearing with the Town Council and Agency to consider the Plan Amendment and Report, and to have interested groups and citizens be heard on the Plan Amendment and Report. NOW, THEREFORE, BE IT RESOLVED THAT the Agency and the Town Council hereby approve the convening of a joint public hearing with the Board on Monday, October 6, 2003 at 7:00 p.m., at the Town Council Chambers, Town Hall, located at 110 E. Main Street, Los Gatos, California, for purposes of considering the Plan Amendment and Report on the Plan Amendment. BE IT FURTHER RESOLVED THAT the Town Clerk is hereby authorized and directed to publish the "Legal Notice - Joint Public Hearing and Community Meeting" (the "Notice"), a copy of which is on file with the Agency Secretary and by this reference incorporated herein, not less than once a week for four successive weeks in the Los Gatos Weekly Times, a newspaper of general circulation published in the Town of Los Gatos and circulated in the County of Santa Clara. BE IT FURTHER RESOLVED THAT the Agency and Town Council hereby direct Agency staff to mail a copy of the Notice to the last known assessee of each parcel of land in the Project Area, at the assessee's last known address as shown on the last equalized roll of County of Santa Clara. BE IT FURTHER RESOLVED THAT the Agency and Town Council hereby direct Agency staff to mail a copy of the Notice to the occupants of each address in the Project Area. BE IT FURTHER RESOLVED THAT the Agency and Town Council hereby direct Agency staff to mail a copy of the Notice to the governing body of each of the taxing agencies which levies taxes upon any property in the Project Area designated in the Plan Amendment. 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 18th day of August, 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 RESOLUTION 2003 - 21RD CONCURRENT RESOLUTION OF THE TOWN COUNCIL AND REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS AUTHORIZING A JOINT PUBLIC HEARING TO CONSIDER ADOPTION OF THE PROPOSED AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL LOS GATOS REDEVELOPMENT PROJECT AREA WHEREAS, the Redevelopment Agency of the Town of Los Gatos (the "Agency") has prepared an Amendment to the Redevelopment Plan for the Central Los Gatos Redevelopment Project Area (the "Plan Amendment") and a Report on the Plan Amendment; and WHEREAS, in connection with consideration of the Resolution, the Agency has transmitted copies of the Plan Amendment and Report on the Plan Amendment to the Town Council of the Town of Los Gatos (the "Town Council") for its review; and WHEREAS, there is a need for a joint public hearing with the Town Council and Agency to consider the Plan Amendment and Report, and to have interested groups and citizens be heard on the Plan Amendment and Report. NOW, THEREFORE, BE IT RESOLVED THAT the Agency and the Town Council hereby approve the convening of a joint public hearing with the Board on Monday, October 6, 2003 at 7:00 p.m., at the Town Council Chambers, Town Hall, located at 110 E. Main Street, Los Gatos, California, for purposes of considering the Plan Amendment and Report on the Plan Amendment. BE IT FURTHER RESOLVED THAT the Town Clerk is hereby authorized and directed to publish the "Legal Notice - Joint Public Hearing and Community Meeting" (the "Notice"), a copy of which is on file with the Agency Secretary and by this reference incorporated herein, not less than once a week for four successive weeks in the Los Gatos Weekly Times, a newspaper of general circulation published in the Town of Los Gatos and circulated in the County of Santa Clara. BE IT FURTHER RESOLVED THAT the Agency and Town Council hereby direct Agency staff to mail a copy of the Notice to the last known assessee of each parcel of land in the Project Area, at the assessee's last known address as shown on the last equalized roll of County of Santa Clara. BE IT FURTHER RESOLVED THAT the Agency and Town Council hereby direct Agency staff to mail a copy of the Notice to the occupants of each address in the Project Area. BE IT FURTHER RESOLVED THAT the Agency and Town Council hereby direct Agency staff to mail a copy of the Notice to the governing body of each of the taxing agencies which levies taxes upon any property in the Project Area designated in the Plan Amendment. 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 18th day of August, 2003 by the following vote: COUNCIL/AGENCY MEMBERS AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman, Chair 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 TOWN OF Los GATOS August 20, 2003 NOTICE TO PROPERTY OWNERS AND OCCUPANTS Dear Property Owner or Occupant in the Central Los Gatos Redevelopment Project Area: CIVIC CENTER 110 E. MAIN STREET P.O. Box 949 Los GATOS, CA 95031 This letter and the attached Legal Notice concern the proposed Amendment to the Redevelopment Plan (the "Plan") for the Central Los Gatos Redevelopment Project Area (the "Plan Amendment"), that has been prepared for consideration by the Town Council of the Town of Los Gatos (the "Town Council"). Attached is the Legal Notice for a public hearing to be held on the proposed Plan Amendment (the "Legal Notice"). As the Legal Notice indicates, 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 public hearing will be held to consider the adoption of the Plan Amendment. The purpose of the proposed 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 years. The current 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 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 have included 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 at Los Gatos High School. In addition, the Agency has worked to create affordable housing in Los Gatos including a 12 unit rental project on Miles Ave., a Habitat for Humanity House on Charles St. and most recently a 5 unit project 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. Attachment 2 1151 \011170992.1 INCORPORATED AUGUST 10, 1887 Property Owner or Occupant August 20, 2003 Page 2 In preparation for this formal public hearing, a community meeting on the proposed Plan Amendment is scheduled for September 23, 2003 at 6:00 p.m. at the Town Council Chambers at Town Hall, located at 110 E. Main Street, Los Gatos, California. Please plan to attend this meeting if you have questions about the proposed Plan Amendment or the redevelopment process in general. The latest equalized property tax roll of the County indicates that you own or occupy property within the Project Area boundary. In compliance with the requirements of State law, this letter and Legal Notice is being transmitted to you by U.S. mail. The notice is also being sent to businesses, residential tenants and community organizations located within the boundaries of the Project Area. The Town has prepared a Negative Declaration regarding environmental impacts of the proposed Plan Amendment. A copy of this Negative Declaration is available for review at the Agency offices. The Plan Amendment, along with a detailed report concerning the Plan Amendment (which includes the Negative Declaration) are available for inspection in the Agency's office located at Civic Center, 110 E. Main Street, Los Gatos, California. In accordance with Section 33350 of the California Health and Safety Code, you are hereby notified that, with the following exception, all property in the Project Area is subject to acquisition by the Redevelopment Agency by purchase or eminent domain (condemnation) under the provisions of the proposed Plan Amendment. 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 property as defined by the Los Gatos Zoning Ordinance as of December 24, 1991 (the date the Plan became effective). The Agency is required to formally notify property owners well in advance before making offers to purchase their property and has adopted procedures for that purpose. The Agency has no current plans to acquire particular properties. It is important to note that the Agency's use of this tool would be limited and used only as a last resort toward a project of greater community benefit. Your further inquiries, and attendance at the community meeting and public hearing, will be most welcome. Should you have questions in the meantime, you can reach me at (408) 354- 6812 or by e-mail at: mwoodworth@town.los-gatos.ca.us Marty Woodworth Redevelopment Manager Attachment: Legal Notice 1151\011170992.1 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 currently 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. 1151\011170992.1 1 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. Date: August 20, 2003 Redevelopment Agency of the Town of Los Gatos For Publication on: Marty Wob'orth, Redevelopment Manager September 3, 2003 September 10, 2003 September 17, 2003 September 24, 2003 11511011170992.1 2 REPORT ON THE SECOND AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL LOS GATOS REDEVELOPMENT PROJECT Redevelopment Agency of the Town of Los Gatos August 18, 2003 1151\011170976.2 Attachment 3 INTRODUCTION Pursuant to the California Community Redevelopment Law, the following reports and analyses are submitted by the Redevelopment Agency of the Town of Los Gatos (the "Agency") to the Town Council of the Town of Los Gatos (the "Town Council") as the Report on the Second Amendment to the Redevelopment Plan for the Central Los Gatos Redevelopment Project (the "Report"). The Town Council 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"). A Report on the Plan was prepared for its initial adoption in 1991 (the "Original Report"). The Plan and the Original Report are incorporated herein by this reference. This Report has been prepared pursuant to the requirements of the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.). All Code Section references used in this Report are to the California Health and Safety Code unless otherwise specified. This Report has been prepared in accordance with the requirements of Code Section 33457.1, which states in relevant part, "To the extent warranted by a proposed amendment to a redevelopment plan, ... the reports and information required by Section 33352 shall be prepared and made available to the public prior to the hearing on such amendment." The purpose and reasons for the proposed Second Amendment to the Redevelopment Plan for the Central Los Gatos Redevelopment Project (the "Plan Amendment") are set forth in detail in Part I of this Report. As noted in Part I, the purpose of the Plan Amendment is limited. Because of the narrow scope of the proposed amendment to be implemented through the Plan Amendment, only a few of the reports and analyses required by Health and Safety Code Section 33352 are relevant and merit discussion in this Report. The reports and analysis described in Code Section 33352(e), (g), (1), and (n) were deemed irrelevant to the proposed amendment and were therefore not included in this Report. PART I. DESCRIPTION AND REASONS FOR AMENDMENT The Plan was adopted by Ordinance No. 1882, dated November 25, 1991, and amended by Ordinance No. 1992, adopted on December 5, 1994. The 1994 amendment imposed certain time limits on the Plan as required by redevelopment reform legislation enacted in 1993 (AB 1290). At this time, the Agency is proposing for consideration by the Town Council a Second Amendment to the Redevelopment Plan for the Central Los Gatos Redevelopment Project to extend the deadline for commencement by the Agency of eminent domain actions with respect to property within the Central Los Gatos Redevelopment Project (the "Project Area"). The Plan currently grants the Agency the power of eminent domain in the Project Area through December 25, 2003. The proposed Plan Amendment would extend the authority to commence eminent 1151\01\170976.2 domain actions twelve years to December 25, 2015. 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 Downtown) zoned properties as defined by the Los Gatos Zoning Ordinance as of December 25, 1991 (the date the Plan became effective). If the proposed Plan Amendment is adopted, all Plan and state law safeguards and requirements with respect to property acquisition and relocation benefits would continue to apply. As detailed in Part II below, this extension of time to exercise the power of eminent domain is necessary to enable the Agency to continue to acquire property in an orderly fashion when necessary over the coming decade, without having to make precipitous decisions that may adversely affect property owners in order to meet a premature acquisition deadline. The Agency has no current plans to acquire particular properties. It is important to note that the Agency's use of this tool would be limited and used only as a last resort toward a project of greater community benefit. The proposed Plan Amendment will not expand the Project Area, change any of the financial provisions of the Plan (e.g. limits on allocation of tax increment revenue to the Agency, limits on the time to incur debt, undertake activities or collect tax increment and limits on the amount of outstanding bonded indebtedness), or modify the basic purpose of the original Plan and powers of the Agency. Thus, the proposed amendment is not of the type described in Health and Safety Code Section 33354.6, which would require observance of the procedures set forth in the Community Redevelopment Law for the adoption of an initial redevelopment plan. The Agency and the Town Council will comply with all requirements for adoption of an amendment of a redevelopment plan as set forth in Health and Safety Code Sections 33450-33458. PART II. DESCRIPTION OF PHYSICAL, SOCIAL, AND ECONOMIC CONDITIONS EXISTING IN THE PROJECT AREA This part of a report on a new redevelopment plan typically describes the conditions of a project area, which qualify the area for redevelopment (blight analysis), including an explanation of why private enterprise acting alone cannot be expected to alleviate such blighting conditions. This analysis was completed for the Original Report prepared for initial adoption of the Plan and served as the basis for the Town Council's finding in the ordinance adopting the Plan, mandated by Health and Safety Code Section 33367(d)(1), that the Project Area was a blighted area, the redevelopment of which was necessary to effectuate public purposes. The basis for the blight finding was definitively established by the initial adoption of the Plan in 1991. The purpose of the Plan was to provide a financing tool to assist the Town and its residents repair damage from the 1989 Loma Prieta earthquake and complete seismic strengthening and safety programs to insure the public safety and welfare. The Plan was also intended to be a financing mechanism to assist in the revitalization of the downtown commercial area and to reconstruct deteriorated infrastructure. These infrastructure improvements include 1151\011170976.2 2 street reconstruction, alley improvements, streetscape improvements, improvements to community facilities, and assistance to increase and improve the supply of low and moderate income housing. Since 1991, the Agency has pursued an active redevelopment program in the Project Area, and has accomplished many of the goals as set out in the Plan. All downtown buildings have either been reconstructed or seismically upgraded to meet code. Tax increment revenues have grown allowing the Agency to issue approximately $10 million in certificate of participation bonds to be used for infrastructure improvements in the downtown. The Agency is currently reconstructing sidewalks and utilities and constructing streetscape improvements. The Agency has invested in several affordable housing projects in and outside of the Project Area. Although significant progress has been made in meeting the goals of the Plan, significant work still remains to alleviate existing blighting conditions in the Project Area. This includes completing the infrastructure improvements in the downtown such as street reconstruction, alley, and parking improvements to assist in the revitalization efforts. Further, the Agency continues to pursue additional affordable housing goals both inside and outside the Project Area. The Agency's power of eminent domain is a critical tool in order to implement the goals of the Plan and alleviate blighting conditions that remain in the Project Area. In order to allow the Agency maximum ability to revitalize the Project Area, the law provides redevelopment agencies with certain techniques to overcome blighting conditions in redevelopment areas. One of the techniques is the Agency's power of eminent domain. Although eminent domain would only be a "last resort" solution to acquisition of properties in the Project Area, the Agency is moving into the implementation phase of several of its remaining redevelopment programs. The Agency is now implementing various public improvement activities and is planning for longer -term land development transactions with interested property owners and developers. The process of planning for, negotiating, and implementing a land development transaction or a public improvement project typically is a multi -year endeavor. It often involves discussions with, or solicitation of proposals from, existing property owners of parcels that are critical to the overall redevelopment program, to determine if they are interested in and capable of participation in the redevelopment of their own properties or if they are willing to voluntarily sell their properties at fair value to the Agency or a designated developer. Next, the process involves negotiations of detailed development contracts, with property owners or selected non -property owner developers, followed by preparation of detailed architectural plans, procurement of all necessary governmental permits and approvals, and procurement of development financing. Only when all these activities have been completed is it typically possible to proceed with land assembly or a public improvement project, using condemnation as a last resort to achieve such assembly. This land development and public improvement process can require a number of years to complete. Because the Agency's current eminent domain power under the Plan expires in approximately four months, there is no cushion for orderly implementation even of those land developments that the Agency commences in the coming years. The Agency envisions that it 1151\011170976.2 3 may need to initiate several land development transactions for key parcels in the Project Area throughout the next decade. Given the limitations on Agency financial and staff resources and the ebb and flow of the general real estate market, it is not possible or even desirable for the Agency to try to force commencement of all its land development transactions into the next few months, so as to ensure that it can complete all necessary land assembly for such transactions within the current deadline for exercise of its eminent domain power. Indeed, some transactions will become feasible and advantageous to the Agency only later in the next decade, after improvements and actions undertaken in the next few years have further enhanced the physical and economic environment for Project Area redevelopment. For all these reasons, it is necessary that the time period for the exercise of the power of eminent domain be extended as provided in the proposed Plan Amendment. PART III. IMPLEMENTATION PLAN The Agency adopted an Implementation Plan on July 1, 1999, as amended on March 4, 2002, which describes specific goals and objectives of the Agency, specific projects proposed by the Agency, how these projects will alleviate the documented blight conditions in the project area, and a program of actions and expenditures proposed for the following five years. The existing Implementation Plan is incorporated into this Report by reference. PART IV. PROPOSED METHOD OF FINANCING THE REDEVELOPMENT AREA This part of the report on a plan for a new redevelopment plan typically considers the costs and potential revenue of redevelopment actions in order to determine if there is a financially feasible method to finance the redevelopment project. This analysis was completed for the Original Report for the adoption of the Plan and served as the basis for the Town Council's finding in the ordinance adopting the Plan, mandated by Health and Safety Code Section 33367(d)(3), that the adoption of the Plan and the carrying out of the Plan were economically sound and feasible. Since the proposed amendment to the Plan contained in the Plan Amendment does not add any new redevelopment activities, no further analysis of the overall economic feasibility of the Project Area is required at this time. The proposed extension of the Agency's eminent domain power will enable the Agency, under specified conditions, to assemble properties with marginal economic utility into larger sites or to install needed public improvements, both of which will promote more intensive modern uses, thus, over time, allowing the Project Area to generate additional tax increment revenue for redevelopment activities. Although such acquisition may also involve cost to the Agency, the Agency will work closely with property owners and developers to ensure maximum private sector involvement in any acquisition project, so as to minimize the use of eminent domain and the use of public funds. 1151 \01 \170976.2 4 On balance, the extension of the Agency's eminent domain power is expected to have a neutral or positive impact on the financial feasibility of future projects. PART V. METHOD OR PLAN FOR RELOCATION OF FAMILIES AND PERSONS TO BE DISPLACED FROM HOUSING FACILITIES IN THE PROJECT AREA When the Plan was first adopted in 1991, the Original Report in Section VII entitled "Plan and Method of Relocation" (the "General Relocation Plan"), set forth the Agency's general policies for the administration of the relocation program and the provisions of services and benefits to displaced families, individuals, businesses, and community institutions, should relocation of households and/or businesses become necessary to implement the Plan. The General Relocation Plan nonetheless noted that the Agency did not at the time of Plan adoption contemplate that any relocation would be necessary. The General Relocation Plan included in the Original Report is incorporated herein by this reference. The General Relocation Plan adopted in 1991 serves as a general plan for relocation services. The Agency will perform more detailed relocation analyses, and, where appropriate, adopts specific relocation plans, if and as individual projects are implemented that may require relocation (no such projects are currently envisioned by the Agency). The Agency reaffirms its policies that no persons or families of low or moderate income shall be displaced unless and until there is a suitable housing unit available and ready for occupancy. The Agency is currently setting aside 20% of its tax increment revenue for affordable low and moderate income housing and is undertaking various activities to stimulate the production and rehabilitation of the affordable housing stock, using both tax increment revenue and other funding sources. Thus, the Agency possesses the resources to ensure affordability of the available housing stock for any limited number of households that may be displaced by future redevelopment activities. Based on the information set forth above, the Agency is satisfied that there is a comprehensive basis for the Town Council to find that: (a) The Agency has a feasible method or plan for the relocation of families and persons displaced from the Project Area, if the Plan may result in the temporary or permanent displacement of any occupants of housing facilities in the Project Area; and (b) There are, or are being 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 displaced from the Project Area, decent, safe, and sanitary dwellings equal in number to the number of and available to the displaced families and persons and reasonably accessible to their places of employment; and 1151\011170976.2 5 (c) Permanent housing facilities will be available within three years from the time occupants of the Project Area are displaced and that pending the development of the facilities, there will be available to the displaced occupants adequate temporary housing facilities at rents comparable to those in the community at the time of their displacement. PART VI. REPORT OF THE PLANNING COMMISSION The Plan Amendment and this Report shall be submitted to the Planning Commission for its consideration, review and recommendation at its September 17, 2003 meeting. The Agency will prepare a supplement to this Report (the "Report Supplement") which includes the Planning Commission's report and recommendations regarding the proposed Plan Amendment, and will submit the Report Supplement to the Town Council prior to the Town/Agency Joint Public Hearing scheduled for October 6, 2003 to consider adoption of the Plan Amendment. PART VII. SUMMARY OF COMMUNITY MEETINGS AND CONSULTATIONS REGARDING PROPOSED AMENDMENTS Code Section 33385.3 provides that a Project Area Committee shall be formed if a proposed plan amendment would do either of the following: 1) Grant the Agency authority to acquire by eminent domain residential property in a project area in which a substantial number of by persons of low- and moderate - income reside; or 2) Add to the project area territory in which substantial numbers of low- and moderate -income persons reside and grant to the Agency eminent domain authority over such territory. The proposed Plan Amendment extends the Agency's deadline for commencement of eminent domain actions. For two reasons the Plan Amendment does not require the formation of a Project Area Committee under Code Section 33385.3, as found and determined by the Town Council and Agency by Resolution No. 2003-58 adopted on May 5, 2003. First, there are not a substantial number of persons of low and moderate income residing in the Project area. Second, the Plan Amendment does not grant new eminent domain authority over residential properties or add territory to the Project Area, but simply extends the pre-existing authority under the Plan. However, pursuant to Code Section 33385(0 the Agency has consulted with and obtained the advice of Project Area residents, businesses, and community organizations concerning the proposed Plan Amendment, as described below. In order to provide interested citizens opportunity for participation in the Plan amendment process, Agency staff has scheduled a community meeting to be held on September, 23, 2003 at 6:00 p.m. to obtain community comments and input regarding the proposed Plan Amendment. Notice of the meeting will be published in the Los Gatos Weekly Times on September 3`d, 2003, September 10th, 2003, and September 17th, 2003, and will be mailed to all 1151\01\170976.2 6 Project Area property owners and residents on August 20th, 2003. The Report Supplement to be prepared by the Agency will include the minutes of the community meeting, and will be submitted to the Town Council prior to the Town/Agency Joint Public Hearing scheduled for October 6, 2003 to consider adoption of the Plan Amendment. Notices of the joint public hearing will be sent by first class mail to every property owner, business, community organization and resident in the Project Area, as required by Code Section 33452, on August 20th, 2003. In addition, notice of the public hearing will be published in the Los Gatos Weekly Times on September 3rd, 2003, September 10th, 2003, September 17th, 2003, and September 24th, 2003. The Report Supplement prepared by the Agency will include copies of the Notices and declarations of mailing to the occupants and to the property owners and copies of the proof of publication of the notice of the public hearing. On October 6th, 2003 the Town Council and Agency will hold a joint public hearing to consider the adoption of the Plan Amendment. All of the comments made at that hearing will be part of the record of the adoption of the Plan Amendment. PART VIII. REPORT REQUIRED BY GOVERNMENT CODE SECTION 65402 The report required by Government Code Section 65402, stating that the Plan Amendment conforms to the General Plan will be included in the Planning Commission report and recommendations on the Plan Amendment (see Part VI of this Report). The Report Supplement prepared by the Agency will include the report required by Government Code Section 65402 and will be submitted to the Town Council prior to the Town/Agency Joint Public Hearing scheduled for October 6, 2003 to consider adoption of the Plan Amendment. PART IX. REPORT REQUIRED BY SECTION 21151 OF THE PUBLIC RESOURCES CODE The Town and Agency have prepared a Negative Declaration to serve as the required environmental documentation for the Plan Amendment. Pursuant to the Negative Declaration, the proposed Plan Amendment has been found to have no significant effects on the environment. The Negative Declaration has and will serve as the principal background reference for environmental impact information for the Planning Commission, Town, and Agency decision makers during deliberations pertaining to the Plan Amendment. The Negative Declaration is attached as Exhibit A and incorporated herein by this reference. A Notice of Intent to Adopt the Negative Declaration was published in the Los Gatos Weekly Times on June 9, 2003 and was distributed to interested persons and governmental agencies in accordance with the requirements of the California Environmental Quality Act. A copy of the Notice of Intent is attached as Exhibit B. No comments were filed regarding the Negative Declaration during the thirty -day comment period. 1151\011170976.2 7 Finally, notice of the proposed intention to rely on the Negative Declaration was incorporated into the notice of the public hearing for the Plan Amendment, which was published in the Los Gatos Weekly Times, and was mailed to all property owners, businesses, community organizations and residents within the Project Area, and all affected taxing entities as described in Part VII of this Report. PART X. CONSULTATIONS WITH AFFECTED TAXING AGENCIES As described in Part I of this Report, the proposed amendment to the Plan does not add any territory to the Project Area or change any of the other fiscal parameters or time limits of the Plan. Consequently, no formal consultation was conducted with affected taxing agencies. However, consistent with the Agency and the Town Council desire for input, the Agency sent each taxing agency, by certified mail, a copy of each of the following documents on June 9th, 2003: 1) Statement of Preparation of Plan Amendment (including notice of the Town's and Agency's intent to rely on a negative declaration for adoption of the Plan Amendment); 2) Draft Plan Amendment; 3) Notice of Public Review and Intent to Adopt a Proposed Negative Declaration; and 4) Negative Declaration. Each affected taxing agency will be sent on August 20th, 2003, by certified mail, notice of the public hearing on the Plan Amendment. The Report Supplement prepared by the Agency will include copies of the notices and declaration of mailing. PART XI. NEIGHBORHOOD IMPACT REPORT Part XV of the Original Report on the Plan included an extensive Neighborhood Impact Report describing in detail the impact of the project on the residents of the Project Area and surrounding areas. The information included in Part XV of the Original Report remains largely unchanged and that part of the Original Report is included herein by this reference, as updated by the information on Agency redevelopment activities included in Part II above. 1151\011170976.2 8 PART XII. EXHIBITS The following documents are attached as Exhibits to this Report: EXHIBIT A EXHIBIT B NEGATIVE DECLARATION NOTICE OF INTENT TO ADOPT NEGATIVE DECLARATION 1151\01\170976.2 9 TOWN OF Los GATOS Cc CENTER 110 E. MAIN STREET P.O. Box 949 Los GATos, CA 95031 STATEMENT OF PREPARATION OF AN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL LOS GATOS REDEVELOPMENT PROJECT You are hereby notified that the Redevelopment Agency of the Town of Los Gatos (the "Agency") is in the process of preparing an amendment to the Redevelopment Plan for the Central Los Gatos Redevelopment Project (the "Redevelopment Plan"). The purpose of the proposed amendment (the "Plan Amendment") is to extend the deadline for commencement of eminent domain proceedings by twelve years. The proposed Plan Amendment will not change the boundaries of the Project Area established by the Plan, the financial provisions or time limits of the Redevelopment Plan, or proposed activities of the Agency under the Redevelopment Plan. The proposed amendment is not of the type described in Health and Safety Code Section 33354.6. The Agency and the Town of Los Gatos (the "Town") will comply with all requirements for adoption of an amendment to a redevelopment plan under the California Community Redevelopment Law, as set forth in Health and Safety Code Sections 33450-33458. It is the intent of the Town and the Agency to rely on the Town Negative Declaration to analyze the environmental impacts of the proposed Plan Amendment. The activities envisioned by the proposed Plan Amendment are within the scope of this Negative Declaration. A copy of this Negative Declaration is available for review at the Agency's offices. Date: June 9, 2003 Redevelopment Agency of the Town of Los Gatos By: 1 IIf ��- Debra, J. FigoT'-, E cutive Director 1151101\169348.1 INCORPORATED AUGUST 10,1887 408/354-6812 June 9, 2003 NOTICE OF PUBLIC REVIEW AND INTENT TO ADOPT A PROPOSED NEGATIVE DECLARATION CENTRAL LOS GATOS REDEVELOPMENT PROJECT PLAN AMENDMENT Pursuant to the State of California Public Resources Code Section 21000 et seq. and the Guidelines for California Environmental Quality Act, as amended, this is to advise you that the Community Development Department of the Town of Los Gatos has prepared an initial study on the following project: CENTRAL LOS GATOS REDEVELOPMENT PROJECT PLAN AMENDMENT PROJECT DESCRIPTION: The proposed project involves amending the Redevelopment Plan (the "Plan Amendment") for the Central Los Gatos Redevelopment Project (the "Project Area"), extending the deadline for the Redevelopment Agency of the Town of Los Gatos (the "Redevelopment Agency") to commence eminent domain proceedings by twelve years. The Redevelopment Plan was adopted by the Town Council of the Town of Los Gatos by Ordinance No. 1882, dated November 25, 1991, as amended by Ordinance No. 1992, adopted on December 5, 1994. Section 33333.4(g)(2) of the California Community Redevelopment Law (CRL; Health and Safety Code Section 33000 et seq.) which governs the adoption, implementation, and amendment of redevelopment plans, provides that the authority of a redevelopment agency to use eminent domain to acquire property in a redevelopment project area expires twelve years after adoption of the redevelopment plan or the last amendment to the plan establishing the eminent domain authority. The Redevelopment Agency's eminent domain authority expires on December 25, 2003. This Plan Amendment would extend the Redevelopment Agency's eminent domain authority through to December 25, 2015. PROJECT LOCATION: The Project Area is an area of approximately 441 acres located in the Town of Los Gatos in the County of Santa Clara, and includes the historic downtown, residential areas to the east and west of downtown, the Civic Center, the area occupied by Los Gatos High School, a residential area southeast of Los Gatos Boulevard, and an area occupied by visitor accommodations on Sataroga Avenue at Highway 17, and a mixed commercial and service area along University Avenue and Industrial Way, northeast of Saratoga Avenue. The Project Area is bounded by Blossom Hill Road to the north, northwest; S.R.17 and Pine Avenue to the north, northeast; Los Gatos Boulevard and Cleland Street to the east, southeast; Wood Road and Glen Ridge Avenue to the south, southwest; and the City of Monte Sereno corporate limits and Mariposa Avenue to the west, northwest. PROJECT DETERMINATION: The proposed project will not have a significant impact on the environment. Statement of Reasons to Support finding: The grant of authority to exercise eminent domain as provided in the Plan Amendment is an administrative activity which will not itself result in impacts to the following environmental factors: aesthetics, agricultural resources, air quality, biological resources, cultural resources, geology and soils, hazards and hazardous materials, hydrology and water quality, land use and planning, mineral resources, noise, public services, recreation, transportation and traffic, and utilities and service systems. Subsequent implementation of redevelopment activities, which might involve the actual exercise of this grant of authority to exercise eminent domain, would be undertaken pursuant to the California Environmental 11511011169400.1 1 Quality Act (CEQA), which may rely on earlier environmental impact analysis or require additional environmental review when a more specific development concept is proposed. In addition, acquisition of property within the Project Area by eminent domain is an administrative authority and process which would not itself result in impacts to population. Extending the eminent domain authority of the Redevelopment Agency could result in the eventual displacement of existing housing in order to redevelop the Project Area. Neither the current nor amended eminent domain provisions of the Redevelopment Plan allow eminent domain to be used by the Redevelopment Agency on single family residential dwellings located on property zoned Single Family Residential (R-1) and Single Family Residential Downtown (R-1D). In addition, the Redevelopment Agency is required by the CRL to provide through rehabilitation, development or construction, an equal number of replacement dwelling units for rent or sale at affordable rates, which have an equal or greater number of bedrooms as destroyed or removed as those currently occupied by low and moderate income households. The CRL further requires that one hundred percent (100%) of the replacement dwelling units be affordable to persons and/or families of low and moderate income in the same proportion as the units lost. In addition, the acquisition of property through eminent domain, if any, will be undertaken in accordance with the State of California's Relocation assistance and real Property Acquisition Act of 1971 (Government Code Section 7260 et seq). Thus impacts to housing and population would be less than significant. PUBLIC COMMENTS: A copy of the Negative Declaration and all documents referenced in the Negative Declaration may be reviewed in the offices of the Community Development Department located at 110 East Main Street, Los Gatos, California, during normal business hours. The period for accepting comments on the adequacy of the Negative Declaration will run from June 9, 2003 to S: 00 p.m., July 12, 2003. Any comments should be in writing and submitted to the following address: Town of Los Gatos Community Development Department 110 East Main Street Los Gatos, CA 95031 Attn: Marty Woodworth It is anticipated that the proposed Negative Declaration will be considered for adoption at a meeting of the Town Council on October 6, 2003. The meeting is anticipated to be held at the Council Chambers, Town Hall, 110 E. Main St., Los Gatos. It is expected that the Town Council will also conduct a hearing on the amendment to the Redevelopment Plan at the same meeting. Marty Woodworth Redevelopment Manager Date: EJ �3 1151101\169400.1 2 Town of Los Gatos Community Development Department Environmental Checklist Form 1. Project title: Central Los Gatos Redevelopment Project Plan Amendment 2. Lead agency name and address: Town of Los Gatos Community Development Department 110 East Main Street Los Gatos, CA 95031 3. Contact person and phone number: Marty Woodworth Redevelopment Manager 408/354-6812 4. Project location: Central Los Gatos Redevelopment Project 5. Project sponsor's name and address: Redevelopment Agency of the Town of Los Gatos 6. General plan designation: Open Space, Public, Mixed Use Commercial, Neighborhood Commercial, Central Business District, Office Professional, Medium Density Residential, High Density Residential, Low Density Residential, Service Commercial Zoning: Restricted Highway Commercial (CH), Single Family Residential (R-1), Office (0), 7. Mobile Home Residential (RMH), Commercial Industrial (LM), Neighborhood Commercial (C- 1), Central Business District (C-2), Multiple -Family Residential (RM), Resource Conservation (RC), Single Family Residential Downtown (R-1D), Planned Development Overlay (PD), Landmark Historic Preservation Overlay (LHP). 8. Description of project: The proposed project involves amending the Redevelopment Plan (the "Plan Amendment") for the Central Los Gatos Redevelopment Project (the "Project Area"), extending the deadline for the Redevelopment Agency of the Town of Los Gatos (the "Redevelopment Agency") to commence eminent domain proceedings by twelve years. The Redevelopment Plan was adopted by the Town Council of the Town of Los Gatos by Ordinance No. 1882, dated November 25, 1991, as amended by Ordinance No. 1992, adopted on December 5, 1994. Section 33333.4(g)(2) of the California Community Redevelopment Law (CRL; Health and Safety Code Section 33000 et seq.) which governs the adoption, implementation, and amendment of redevelopment plans, provides that the authority of a redevelopment agency to use eminent domain to acquire property in a redevelopment project area expires twelve years after adoption of the redevelopment plan or the last amendment to the plan establishing the eminent domain authority. The Redevelopment Agency's eminent domain authority expires on December 1151\011169027.1 1 25, 2003. This Plan Amendment would extend the Redevelopment Agency's eminent domain authority through to December 25, 2015. 9. Surrounding land uses and setting: The Project Area is an area of approximately 441 acres located in the Town of Los Gatos in the County of Santa Clara, and includes the historic downtown, residential areas to the east and west of downtown, the Civic Center, the area occupied by Los Gatos High School, a residential area southeast of Los Gatos Boulevard, and an area occupied by visitor accommodations on Sataroga Avenue at Highway 17, and a mixed commercial and service area along University Avenue and Industrial Way, northeast of Saratoga Avenue. The Project Area is bounded by Blossom Hill Road to the north, northwest; S.R.17 and Pine Avenue to the north, northeast; Los Gatos Boulevard and Cleland Street to the east, southeast; Wood Road and Glen Ridge Avenue to the south, southwest; and the City of Monte Sereno corporate limits and Mariposa Avenue to the west, northwest. Surrounding uses consist generally of urban uses comparable to those found in the Project Area. 10. Other public agencies whose approval is required: Redevelopment Agency of the Town of Los Gatos. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: Of the environmental factors listed below, none would be potentially affected by this project, as indicated by the checklist on the following pages. Aesthetics Agriculture Resources Air Quality Biological Resources Cultural Resources Geology /Soils Hazards & Hazardous Hydrology / Water Quality Land Use / Planning Materials Mineral Resources Public Services Utilities / Service Systems Noise Recreation Mandatory Findings of Significance 1151 \01 \169027.1 2 Population / Housing Transportation/Traffic DETERMINATION: On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature 1151\011169027.1 3 (S/2—(0)--97 Date ‘/2/0,7 Date Town Council Minutes August 18, 2003 Redevelopment Agency Los Gatos, California PROJECT 0410/STAR TIME CUSTODIAL SERVICE/RESOLUTION 2003-99 (08.24) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council/Agency adopt Resolution 2003-99 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AWARDING A CONTRACT TO STAR TIME BUILDING MAINTENANCE FOR PROJECT 0410 - CUSTODIAL SERVICES CONTRACT IN THE AMOUNT OF $95,983.20. Carried unanimously. OAK MEADOW PARK/SHADE TRELLIS/PICNIC AREA/RESOLUTION 2003-100 (09.33) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council adopt Resolution 2003-100 entitled, RESOLUTION OF THE TOWN OF LOS GATOS TO ACCEPT THE GRANT OF ROTARY INTERNATION ASSISTANCE PROGRAM TO ASSIST IN THE DESIGN AND INSTALLATION OF A SUNSHADE TRELLIS STRUCTURE AT OAK MEADOW PARK IN THE AMOUNT OF $1,000. Carried unanimously. WATERSHED RESOURCES PROTECTION GUIDELINES/RESOLUTION 2003-101 (10.44) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council adopt Resolution 2003-101 entitled, RESOLUTION OF THE TOWN OF LOS GATOS IN SUPPORT OF THE SANTA CLARA VALLEY WATER RESOURCES PROTECTION COLLABORATIVE MEMORANDUM OF CONSENSUS FOR MUTUAL COOPERATION TO JOINTLY DEVELOP AND IMPLEMENT WATER AND WATERSHED RESOURCES PROTECTION MEASURES. GUIDELINES AND STANDARDS IN SANTA CLARA COUNTY. Carried unanimously._ PROJECT 0210A/RETAINING WALL REPLACEMENT/RESOLUTION 2003-102 (11.24) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council/Agency adopt Resolution 2003- 102 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING THE PLANS AND SPECIFICATIONS FOR CAPITAL PROJECT 0210A - RETAINING WALL REPLACEMENT AND AUTHORIZING STAFF TO ADVERTISE THE PROJECT FOR BIDS. Carried unanimously. REDEVELOPMENT PROJECT AREA AMENDMENT/RESOLUTIONS 2003-103 & 21RD (12.25) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council/Agency adopt Resolutions 2003- 103 & 2003-21RD entitled, RESOLUTION OF THE TOWN COUNCIL/REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS AUTHORIZING A JOINT PUBLIC HEARING TO CONSIDER ADOPTION OF THE PROPOSED AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL LOS GATOS REDEVELOPMENT PROJECT AREA. Carried unanimously. PROJECT 0233B/SANTA CRUZ AVE/ELECTRICAL WORK/RESOS 2003-104 & 2003-22RD (13A.24) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council/Agency adopt Resolutions 2003- 104 & 2003-22RD entitled, RESOLUTION OF THE TOWN COUNCIL/REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS AUTHORIZING STAFF TO NEGOTIATE A CONTRACT FOR PROJECT 0233B - SANTA CRUZ AVENUE ELECTRICAL IMPROVEMENTS. Carried unanimously. PROJECT 0233B/SANTA CRUZ AVENUE/ELECTRICAL IMPROVEMENTS CONSTRUCTION CONTRACT/CUPERTINO ELECTRIC/RESOS 2003-105 & 2003-23RD (13B.24) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council/Agency adopt Resolutions 2003- 105 & 2003-23RD entitled, RESOLUTION OF THE TOWN COUNCIL/REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS AWARDING A CONSTRUCTION CONTRACT TO CUPERTINO ELECTRIC COMPANY IN THE AMOUNT OF $199,700.97 FOR PROJECT 0233B - SANTA CRUZ AVENUE ELECTRICAL IMPROVEMENTS, and authorizing staff to execute future change orders as necessary up to an amount of $30,000. Carried unanimously. N:1CLKKCouncil Minutes120031M 08-18-03.wpd 3