RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AUTHORIZING PROCEEDING WITH AN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL CORE REDEVELOPMENT PROJECT TO CONFORM LAND USES AND REINSTITUTE EMINENT DOMAIN AUTHORITY OVER NONRESIDENTIAL PROPERTY FOR TWELVE YEARS AND TAKING RELATED ACTIONS

          WHEREAS, the City Council of the City of Sunnyvale adopted the Redevelopment Plan for the Central Core Redevelopment Project by Ordinance No. 1796-75, adopted on November 26, 1975, as amended by Ordinance No. 2200-87, adopted on January 6, 1987, as amended by Ordinance No. 2448-93, adopted on October 5, 1993; and as further amended by Ordinance No. 2493-94, adopted on December 20, 1994;  (the "Redevelopment Plan"); and

WHEREAS, during the course of Redevelopment Plan implementation by the City of Sunnyvale Redevelopment Agency, it has become apparent that in order to effectively redevelop the existing Central Core Redevelopment Project Area, an amendment to the Redevelopment Plan may be necessary and appropriate to (1) conform the land uses under the Redevelopment Plan to the land uses under the recently amended General Plan and Downtown Specific Plan, and (2) to reinstitute the deadline to commence eminent domain proceedings for nonresidential property for twelve years (the "Plan Amendment") as permitted by the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.  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 relying on the Program EIR as the environmental documentation for the proposed Plan Amendment; and

WHEREAS, the proposed Plan Amendment will not add territory to the Project Area, nor grant 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; and

WHEREAS, pursuant to the California Health and Safety Code, the Agency desires to submit the required documents to the County Administrator, Auditor, Assessor, Tax Collector, the State Board of Equalization, and to the legislative or governing bodies of all local agencies which receive a portion of the property tax generated in the Project Area.

          NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SUNNYVALE THAT:

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 CEQA purposes 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 does not grant any authority not previously held by the Agency.  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 applicable 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.

          Adopted by the City Council at a regular meeting held on November 11, 2003, by the following vote:

AYES:

NOES:

ABSENT:

ATTEST:                                                       APPROVED:

By:   _______________________________          ______________________________

       City Clerk                                               Mayor