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CC Resolution 10252 . 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 103\37\172414.1 1 . 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. 103\37\172414.1 2 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 103\37\172414.1 3