CC Resolution 10252
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CITY OF CAMPBELL
RESOLUTION NO. l0252
A RESOLUTION OF THE CITY OF CAMPBELL AUTHORIZING PROCEEDING WITH AN
AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL CAMPBELL
REDEVELOPMENT PROJECT TO EXTEND THE POWER OF EMINENT DOMAIN FOR
TWEL VE YEARS AND TAKING RELATED ACTIONS
RESOLVED, by the City of Campbell (the "City"), that:
WHEREAS, the City Council (the "City Council") of the City of Campbell (the "City")
adopted the Redevelopment Plan for the Central Campbell Redevelopment Project 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 (the "Redevelopment Plan");
and
WHEREAS, during the course of Redevelopment Plan implementation by the City of
Campbell Redevelopment Agency (the "Agency"), it has become apparent that in order to
effectively redevelop the existing Central Campbell 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 City have agreed that the City, 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 City anticipates preparing a negative declaration as the environmental
documentation for the proposed Plan Amendment (the "Negative Declaration"); and
WHEREAS, pursuant to the California Environmental Quality Act, the City is required to
distribute the Negative Declaration to all affected taxing entities, the City Planning Commission,
and various other interested persons and entities; and
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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. 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 City 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 AS FOLLOWS:
1. The City Council hereby authorizes proceeding with the Plan Amendment
adoption process, so that the Plan Amendment may be brought forward for consideration of
adoption by the City Council in accordance with the Community Redevelopment Law.
2. The City Council designates the City 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.
3. The City Council finds 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 does not grant any new authority. The City
Council hereby authorizes and directs City/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.
4. The City Council hereby authorizes and directs staff to prepare and distribute the
Negative Declaration and accompanying documents to all affected taxing entities, the City
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.
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PASSED AND ADOPTED this 7th day of October, 2003, by the following vote:
AYES:
Councilmembers:
Watson, Kennedy, Burr, Furtado
NOES:
Councilmembers:
Dean
ABSENT:
Councilmembers:
None ~ \~
APPROVE: ~.3 ~ ~'l
anlH E. Furtatlo, Mayor
ATTEST:
~
Anne Bybee, City Clerk
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