CC Ordinance 2041
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RECORDED AT REQUEST OF:
CITY OF CAMPBELL REDEVELOPMENT AGENCY
WHEN RECORDED MAIL TO:
Goldfarb & Lipman
1300 Clay Street, Ninth Floor
City Center Plaza
Oakland, CA 94612
Attn: Phuong Y. Lam
NO RECORDING FEE PURSUANT TO
GOVERNMENT CODE SECTION 27383
ORDINANCE NO.
2041
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
APPROVING AND ADOPTING AN AMENDMENT TO THE REDEVELOPMENT
PLAN FOR THE CENTRAL CAMPBELL REDEVELOPMENT PROJECT AREA, AND
MAKING CERTAIN FINDINGS PURSUANT TO THE COMMUNITY
REDEVELOPMENT LAW OF THE ST ATE OF CALIFORNIA
THE CITY COUNCIL OF THE CITY OF CAMPBELL, COUNTY OF SANTA
CLARA, STATE OF CALIFORNIA, DOES ORDAIN AS FOLLOWS:
WHEREAS, this Ordinance amends the Redevelopment Plan for the Central Campbell
Redevelopment Project Area to extend the deadline for commencement of eminent domain
proceedings within the Central Campbell Redevelopment Project Area (the "Project Area") by
the City of Campbell Redevelopment Agency for an additional twelve (12) years.
WHEREAS, the City Council of the City of Campbell (the "City Council") adopted the
Central Campbell Redevelopment Plan by Ordinance No. 1461 on June 21, 1983, as amended by
Ordinance No. 1830, adopted on January 15,1991, as amended by Ordinance No. 1860, adopted
on June 16,1992, as amended by Ordinance No. 1912, adopted on December 6,1994, and as
further amended by Ordinance No. 2028, adopted on February 18,2003 (as amended, the
"Redevelopment Plan"); and
WHEREAS, pursuant to the Community Redevelopment Law of the State of California
(the "Redevelopment Law"), the City of Campbell Redevelopment Agency (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
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WHEREAS, to accomplish this purpose, the Agency has prepared and submitted to the
City Council for review and adoption a proposed Amendment to the Redevelopment Plan for the
Central Campbell Redevelopment Project Area (the "Plan Amendment"), a copy of which is on
file with the City Clerk of the City of Campbell; and
WHEREAS, 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
City of Campbell's General Plan, the Redevelopment Plan, and the California Community
Redevelopment Law (Health and Safety Code Section 3~000 et seq.; the "Redevelopment Law");
and
WHEREAS, the Agency has prepared and submitted, and the City 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 City Clerk; and
WHEREAS, the Planning Commission, which is the duly designated and acting official
planning body of the City of Campbell, has submitted to the City Council its report and
recommendation dated February 12,2004 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
WHEREAS, 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 City staff and dated December 4, 2003,
will serve as the required environmental documentation pursuant to the CEQA Guidelines for the
Plan Amendment; and
WHEREAS, by resolution adopted prior to the adoption of this Ordinance, the City
Council and the Agency have adopted and approved the Negative Declaration in compliance
with Section 15074 of the CEQA Guidelines; and
WHEREAS, on February 17,2004, the City Council and the Agency conducted ajoint
public hearing on the Plan Amendment which was duly noticed in accordance with the
requirements of the Redevelopment Law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CAMPBELL:
Section 1. 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 City Council finds and determines with
respect to the Plan Amendment that:
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a) The Project Area is a blighted are~, 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 City of Campbell, 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 III 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 City,
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).
t) The Agency has a feasible method or plan for the relocation of families
and persons which may be displaced from the Project Area ifthe 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 City 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
occupants housing facilities at rents comparable to those in the community at the time of their
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displacement (see particularly Part V and XI ofthe 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)(ll), 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 2. It is the continuing purpose and intent of the City 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;
c)
Encourage and ensure the redevelopment of the Project Area;
d)
necessary; and
Encourage and foster the economic revitalization of the Project Area, as
e)
Provide and improve affordable housing.
Section 3. All written and oral objections to the Plan Amendment that is incorporated
in the Plan by this Ordinance are hereby overruled.
Section 4. 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.
Section 5. 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 City
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 6. 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.
Section 7. 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
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.
unconstitutional, such decision shall not affect the validity of the remaining portion or portions
of the Ordinance or the Plan Amendment.
The foregoing Ordinance was introduced before the City Council of the City of Campbell
at a regular meeting held on February 17,2004 adopted at a regular meeting of the City Council
of the City of Campbell held on March 2,2004. Said Ordinance was passed and adopted and
ordered and ordered published within fifteen (15) days of the date of adoption in the Campbell
Express, a newspaper of general circulation published in the County of Santa Clara and
circulated in the City of Campbell by the following vote:
AYES: Councilmembers: Furtado, Watson, Kennedy, Burr
NOES: Councilmembers: Dean
ABSENT: Councilmembers: None
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Donald R. Burr, Mayor
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City of Campbell
ATTEST:
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Anne' Yb~ ~
APPROVED AS TO FORM:
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Wi ' ' 19 -; ity Attorney
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STATE OF CALIFORNIA
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COUNTY OF SANTA CLARA
On this 3 l'f( day of (rvj(t..h , 2004, before me, '¡f) V) ~ e e... , a Notary
Public in and for the said County and State, residing therein y commissioned and sworn,
personally appeared Do .r\a I ci P, ßu ( r , pers ly known to me (Of pro-v cd to ffi8 OR
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the ha~Ü; of gati~factory e"idE'Dce) to be the City.Qtêrk of the City of Campbell that executed the
within document and acknowledged to m~Jlrá(City of Campbell did executed the same.
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IN WITNESS WHEREOF, I havß1Íé;~unto set my hand and affixed my official seal the day and
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year in this certificate first a,Þ6ve written.
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,/ ,NOTARY PUBLIC
in and (or said County and State.
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STATE OF CALIFORNIA
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COUNTY OF SANTA CLARA
On this ~ day of ~ìcv'J'\ ,2004, before me, ftv-¡ Vî~ &'1.~e- , a Notary
Public in and for the said County and State, residing therein, duly commissioned and sworn,
personally appeared' . I (r , personally known to me (m-provcd to me on
the bfl3ÌS of 3a-tigf:ictory €.:vid€DC01 to be the Mayor of the City of Campbell that executed the
within document and acknowledged to me that City of Campbell 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.
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, NOTARY PUBLIC
in and for said County and State.
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