2003-058- Authorizing Proceeding With An Amendment To The Redevelopment Plan For The Central Los Gatos Redevelopment Project To Extend The Power Of Eminent Domain For Twelve Years And Taking Related ActionsRESOLUTION 2003 - 58
CONCURRENT RESOLUTION OF THE TOWN COUNCIL AND REDEVELOPMENT
AGENCY OF THE TOWN OF LOS GATOS AUTHORIZING PROCEEDING WITH AN
AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL LOS
GATOS REDEVELOPMENT PROJECT TO EXTEND THE POWER OF EMINENT
DOMAIN FOR TWELVE YEARS AND TAKING RELATED ACTIONS
WHEREAS, the Town Council (the "Town Council ") of the Town of Los Gatos (the
"Town ") adopted the Redevelopment Plan for the Central Los Gatos Redevelopment Project by
Ordinance No. 1882, adopted on November 25, 1991, as amended by Ordinance No. 1992,
adopted on December 5, 1994 (the "Redevelopment Plan "); and
WHEREAS, during the course of Redevelopment Plan implementation by the
Redevelopment Agency of the Town of Los Gatos (the "Agency "), it has become apparent that in
order to effectively redevelop the existing Central Los Gatos Redevelopment Project Area (the
"Project Area "), an amendment to the Redevelopment Plan may be necessary and appropriate to
extend the deadline to commence eminent domain proceedings by twelve years (the "Plan
Amendment ") as permitted by the California Community Redevelopment Law (Health and
Safety Code Section 33000 et seq.; the "Community Redevelopment Law "); and
WHEREAS, Section 15050 of the California Environmental Quality Act Guidelines (the
"CEQA Guidelines ") requires that when a project requiring environmental documentation is to
be carried out or approved by more than one public agency, one public agency (the "Lead
Agency ") shall be responsible for preparing the environmental documentation for the project.
Section 15051 of the CEQA Guidelines provides that where two or more public agencies have a
substantial claim to be the Lead Agency, the public agencies may by agreement designate one of
the agencies as the Lead Agency. The Agency and the Town have agreed that the Town, as the
legal entity with final authority to approve and adopt the Plan Amendment pursuant to the
Community Redevelopment Law, should serve as the Lead Agency, and the Agency should serve
as the "Responsible Agency "; and
WHEREAS, the vn anticipates preparing a negative det ation as the environmental
documentation for the proposed Plan Amendment (the "Negative Declaration "); and
WHEREAS, pursuant to the California Environmental Quality Act, the Town is required
to distribute the Negative Declaration to all affected taxing entities, the Town Planning
Commission, and various other interested persons and entities; and
WHEREAS, the proposed Plan Amendment will not add territory to the Project Area,
nor grant new authority to the Agency to acquire by eminent domain property on which a
substantial number of low and moderate income persons reside. Further, there are not a
substantial number of low and moderate income persons residing in the Project Area. Therefore,
pursuant to Health and Safety Code Section 33385.3, a project area committee is not required in
connection with the proposed Plan Amendment; and
WHEREAS, while a project area committee will not be formed, the Town desires to
consult with interested residents, business owners and community organizations in the Project
Area concerning the preparation, adoption, and implementation of the proposed Plan
Amendment.
NOW, THEREFORE, BE IT RESOLVED THAT the Town Council and Agency
hereby authorize proceeding with the Plan Amendment adoption process, so that the Plan
Amendment may be brought forward for consideration of adoption by the Town Council in
accordance with the Community Redevelopment Law.
BE IT FURTHER RESOLVED THAT the Town Council and Agency designate the
Town as the Lead Agency and the Agency as the Responsible Agency for purposes of the
preparation of the environmental documentation for the proposed Plan Amendment.
BE IT FURTHL 1ESOLVED THAT the Town Counci A Agency find that,
pursuant to Health and Safety Code Section 33385.3, a project area committee is not required to
be formed because the proposed Plan Amendment extends existing eminent domain authority,
and because the Project Area does not contain a substantial number of low and moderate income
residents. The Town Council and Agency hereby authorize and direct Town /Agency staff to
consult with and obtain the advice of the residents, business owners, and community
organizations within the Project Area concerning the proposed Plan Amendment.
BE IT FURTHER RESOLVED THAT the Town Council and Agency hereby authorize
and direct staff to prepare and distribute the Negative Declaration and accompanying documents
to all affected taxing entities, the Town Planning Commission, and various other interested
persons and entities as required by law, including without limitation transmitting necessary
notices and documents required under the Community Redevelopment Law to the affected taxing
entities and others.
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 5`" day of May,
2003 by the following vote:
COUNCIL /AGENCY MEMBERS
AYES: Steve Glickman, Diane McNutt Joe Pirzynski,
Mayor Sandy Decker.
NAYS: None
ABSENT: None
ABSTAIN: Mike Wasserman /I
SIGNED:
MAYOCHAIR OF THE REDEVELOPMENT
AGENCY OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
�V
CLERK/SECRETARY OF THE REDE LOPMENT AGENCY
OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA