05 Staff Report - Central Los Gatos Project Areaj N op
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~Ogpj0`' COUNCIL AGENDA REPORT
DATE: AUGUST 16, 2006
TO: MAYOR AND TOWN COUNCIL
FROM: ORRY P. KORB, TOWN ATTORNEY
MEETING DATE: 9 /1 7 /0 7
AGENDA ITEM:
SUBJECT: ADOPT ORDINANCE PURSUANT TO RECENTLY ENACTED
HEALTH AND SAFETY CODE SECTION 33342.7, ADOPTING
A DESCRIPTION OF THE PROGRAM FOR THE
ACQUISITION OF REAL PROPERTY BY EMINENT DOMAIN
FOR THE REDEVELOPMENT PLAN OF THE CENTRAL LOS
GATOS PROJECT AREA, AND APPROVING RELATED
ACTIONS
RECOMMENDATION:
Adopt ordinance pursuant to Health and Safety Code section 33342.7.
DISCUSSION:
On September 4, 2007, Council voted to introduce an ordinance required by SB35 describing the
program for the acquisition of property by eminent domain in the Central Los Gatos
Redevelopment Project area. The description replicates the limited power of eminent domain
already contained in the Redevelopment Plan for the Project. The ordinance was introduced with
a text change in Section 5 adding "to be" between "Revised Statement" and "prepared." The
ordinance becomes effective 30 days after adoption.
Attachments: Introduced Ordinance
PREPARED BY: ORRY P. KORB, TOWN ATTORNEY OPK LMHJwp [N v.4TY\Rcpons\SB35 Eminent Domain ORD nntrawpol
Reviewed by: Town Manager Assistant Town Manager Clerk
Finance Community Development
Rev: 9/12/07 1:14 pm
Reformatted: 7/19/99 File# 301-05
ORDINANCE
ORDINANCE OF THE TOWN OF LOS GATOS PURSUANT TO RECENTLY ENACTED
HEALTH AND SAFETY CODE SECTION 33342.7, ADOPTING A DESCRIPTION OF THE
PROGRAM FOR THE ACQUISITION OF REAL PROPERTY BY EMINENT DOMAIN FOR
THE REDEVELOPMENT PLAN OF THE CENTRAL LOS GATOS PROJECT AREA, AND
APPROVING RELATED ACTIONS
WHEREAS:
A The Town Council of the Town of Los Gatos adopted the Redevelopment Plan for the
Central Los Gatos Redevelopment Project Area by Ordinance No. 1882, dated November 25,
1991, as amended by Ordinance No. 1992, adopted on December 5, 1994, and as further
amended by Ordinance No. 2120, adopted on October 20, 2003 (the "Plan"), establishing the
Central Los Gatos Redevelopment Project Area (the "Project Area").
B. The Project Area is situated in the Town of Los Gatos, State of California, and is more
particularly described on Exhibit A attached to the Plan, recorded with the County Recorder
of Santa Clara County on December 5, 1991, in Book L955, at page 1734, Official Records.
C. The Plan authorizes the use of eminent domain under specified circumstances to acquire real
property by the Town of Los Gatos Redevelopment Agency (the "Agency").
D. SB 53 added Health and Safety Code section 33342.7 to the Community Redevelopment
Law, which requires the Town Council to adopt by ordinance a description of the Agency's
program to acquire real property by eminent domain.
E. The Agency has prepared the required description of its real property acquisition program
(the "Acquisition Program"), which is attached to and incorporated in this Ordinance as
Exhibit A.
F. Town staff has prepared and placed on file with the Clerk Department of the Town a CEQA
Notice of Exemption for this Ordinance.
G. SB 1809 added Health and Safety Code section 33373(c) to the Community Redevelopment
Law, which requires the Agency to record a revised Statement of Institution of
Redevelopment Proceedings, which includes a description of the Agency's program to
acquire real property by eminent domain (the "Revised Statement").
H. Agency staff has prepared the Revised Statement and placed it on file with the Clerk
Department of the Town.
Page I of 2
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS AS FOLLOWS:
Section 1. The Town Council hereby finds and determines that the above recitals are
true and correct.
Section 2. The Town Council hereby finds and determines that the adoption of this
Ordinance is required by law and is thus necessary and desirable
Section 3. In substantial compliance with Health and Safety Code section 33342.7, the
Town Council hereby approves and adopts the description of the Agency's Acquisition Program for
the Project Area, as set forth in the attached Exhibit A.
Section 4. The Town Council hereby approves the CEQA Notice of Exemption for this
Ordinance and directs the Town Manager or designee to file the Notice of Exemption with the
County Clerk of the County of Santa Clara.
Section 5. The Town Council hereby approves a Revised Statement to be prepared and
recorded in the official records of the County Recorder of the County of Santa Clara in compliance
with Health and Safety Code section 33373(c).
Section 6. The Clerk Administrator of the Town is hereby directed to file a copy of this
Ordinance , the CEQA Notice of Exemption, and the Revised Statement with the minutes of this
meeting and with the Agency.
Section 7. In the event that any part of this ordinance is held to be invalid, the invalid
part or parts shall be severed from the remaining portions which shall remain in full force and effect.
Section 8. This Ordinance was introduced at a regular meeting of the Town Council of
the Town of Los Gatos on September , 2007, and adopted by the following vote as an Ordinance
of the Town of Los Gatos at a meeting of the Town Council of the Town of Los Gatos on September
, 2007. This Ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
C:ADocuments and Settings\okorb.LOSGATOSCA\Local Settings\Temp\GWViewer\ORD RDA SB53.wpd
Page 2 of 2
EXHIBIT A
PROPERTY ACQUISITION BY EMINENT DOMAIN POLICY
Except as specifically exempted herein, the Agency may acquire, but is not required to
acquire, any real property located in the Central Los Gatos Redevelopment Project Area by any
means authorized by law.
It is in the public interest and is necessary in order to eliminate the conditions requiring
redevelopment and in order to execute the Redevelopment Plan for the Central Los Gatos
Redevelopment Project (the "Plan") for the power of eminent domain to be employed by the
Agency to acquire real property in the Project Area which cannot be acquired by gift, devise,
exchange, purchase or any other lawful method; except when:
a) The Agency may not acquire by eminent domain single-family residential
dwellings which are located upon R-I (Single-Family Residential) and R-1D (Single-Family
Residential Downtown) zoned properties as defined by the Los Gatos Zoning Ordinance on the
date the ordinance adopting the Plan becomes effective.
b) The Agency shall not acquire real property to be retained by an owner pursuant to
a participation agreement if the owner fully performs under the agreement. The Agency is
authorized to acquire structures without acquiring the land upon which those structures are
located. The Agency is authorized to acquire either the entire fee or any other interest in real
property less than a fee.
C) The Agency shall not acquire real property on which an existing building is to be
continued on its present site and is its present form and use without the consent of the owner
unless:
1) Such building requires structural alteration, improvement, modernization
or rehabilitation;
2) The site, or lot on which the building is situated, requires modification in
size, shape or use; or
3) It is necessary to impose upon such property any of the controls,
limitations, restrictions and requirements of the Plan, and the owner fails or refuses to execute a
participation agreement in accordance with the provisions of the Plan.
d) The Agency is not authorized to acquire real property owned by public bodies
which do not consent to such acquisition. The Agency is authorized, however, to acquire public
property transferred to private ownership before redevelopment of the Project Area is completed,
unless the Agency and the private owner enter into a participation agreement and the owner
completes his responsibilities under the participation agreement.
The Agency must commence eminent domain proceedings by not later than December 15,
2015.