REDEVELOPMENT PLAN CHRONOLOGY: NEIGHBORHOOD BUSINESS CLUSTERS

Transcription

1 REDEVELOPMENT PLAN CHRONOLOGY: NEIGHBORHOOD BUSINESS CLUSTERS Adopted March 6, 2001 (Original Plan) City Ordinance No First Amendment Adopted March 6, 2001 City Ordinance No (Merger) Second Amendment Adopted June 25, 2002 City Ordinance No (Merger: Strong Neighborhoods Initiative) Third Amendment Adopted August 6, 2002 City Ordinance No (Merger: Century Center Expanded Area) Fourth Amendment Adopted November 18, 2003 City Ordinance No (SB 1045 Extend date of plan effectiveness, date to incur debt and receive property taxes) Fifth Amendment Superior Court of Santa Clara County; Case No CV Ruling April 26, 2005 (invalidated Ord. Nos and 26660) City Ordinance No , adopted August 9, 2005 Removed the expanded area from the Century Center Project Area and Merged Project Area Adoption of Ordinance describing eminent domain plan Adopted June 5, 2007 City Ordinance No (no amendment to plan adoption of ordinance per SB 53 describing the eminent domain plan) /1/2007

2 RD:PAD:GER 4/18/2007 ORDINANCE NO AN ORDINANCE OF THE CITY OF SAN JOSE CONTAINING A DESCRIPTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN JOSE'S PROGRAM TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN IN ITS ADOPTED REDEVELOPMENT PROJECT AREAS WHEREAS, the Council of the City of San Jose. ("Council") adopted various ordinances approving and adopting the Redevelopment Plans for its Redevelopment Project Areas ("Redevelopment Plans"); and WHEREAS, the Redevelopment Agency of the City of San Jose ("Agency") has been designated as the official redevelopment agency of the City of San Jose to carry out the functions and requirements of the Community Redevelopment Law of the State of California (Health and Safety Code Section et seq.) and to implement the Redevelopment Plans; and WHEREAS, the Redevelopment Plans each contain a section on the Agency's authority to acquire property by eminent domain; and WHEREAS, Section of the Health and Safety 'Code, which was added by Senate Bill 53 ("SB 53") and took effect on January 1, 2007, requires a legislative body that adopted a redevelopment plan containing eminent domain authority before January 1, 2007, to adopt an ordinance on or before July 1, 2007, containing a description of the agency's program to acquire real property by eminent domain; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SAN JOSE: T (2) Board Agenda: Item Number: 8.1

3 RD:PAD:CER Ord. No /18/2007 Section 1. Pursuant to Section of the Health and Safety Code, a description of the Agency's program to acquire real property by eminent domain is set forth in Attachment A, attached hereto and incorporated herein by this reference. The Agency's program to acquire real property by eminent domain may be amended only by amending the Redevelopment Plan pursuant to Article 12 of the Community Redevelopment Law (commencing with Health and Safety Code Section 33450). Section 2. If any part of this Ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portion of this Ordinance, and this City Council hereby declares that it would have passed the remainder of this Ordinance if such invalid portion thereof had been deleted. T-10593\ (4) Board Agenda: Item Number. 8.1

4 kd:pad:cer Ord. No /18/2007 Section 3. The City Clerk will certify to the passage of this Ordinance by the City Council and cause the same to be published once in the San Jose Post-Record, a newspaper of general circulation, and it will take effect thirty (30) days after its final passage. PASSED FOR PUBLICATION of title this 15 th day of May, 2007, by the following vote: AYES: CAMPOS, CHIRCO, CONSTANT, CORTESE, LICCARDO, NGUYEN, OLIVERIO, PYLE, WILLIAMS; REED NOES: NONE ABSENT: NONE DISQUALIFIED: NONE VACANT: DISTRICT 4 CHUCK REED Mayor LEE PRICE, MMC City Clerk T \ (4) Board Agenda: Item Number: 8.1

5 RD:PAD:CER Ord. No /18/2007 ATTACHMENT A EMINENT DOMAIN AUTHORITY OVER REAL PROPERTY NO EMINENT DOMAIN AUTHORITY Eminent Domain Authority Expiration Date Project Area Authority N/A East Santa Clara Street No authority 12/31/2003 Alum Rock Avenue Authority has expired 12102/2005 Japantown Authority has expired 07/01/2006 Story Road Authority has expired 12/13/2006 Monterey Corridor Authority has expired LIMITED EMINENT DOMAIN AUTHORITY Eminent Domain Authority Expiration Date Project Area Authority 06/24/2008 Almaden Gateway Allowed except for property containing residential uses 01/01/2009 San Antonio Plaza Allowed except for property on which any person resides 12/15/2010 Century Center. Allowed except for property on which any person resides 12/15/2010 Edenvale Allowed except for property on which any person resides 12/15/2010 Guadalupe-Auzerais Allowed except for property on which any person resides 12/15/2010 Julian-Stockton Allowed except for property on which any person resides T-10593\ (4) Page 1 of 3 Board Agenda: Item Number: 8.1 ATTACHMENT A

6 RD:PAD:CER Ord. No /18/ /15/2010 Market Gateway Allowed except for property on which any person resides 12/15/2010 Olinder Allowed except for property on which any person resides 12/15/2010 Pueblo Uno Allowed except for property on which any person resides 12/15/2010 Rincon de los Esteros (including expanded areas) 12/31/2010 West San Carlos Street 03/06/2013 Neighborhood Business Clusters Allowed except for property on which any person resides Allowed except for property on which any person resides Not allowed on unincorporated County land unless otherwise approved by County. Allowed except for property on which any person resides T-10593\ (4) Page 2 of 3 Board Agenda: Item Number: 8.1 ATTACHMENT A

7 RD:PAD:CER 4/18/2007 t, Ord. No /25/2014 Strong Neighborhoods Initiative Allowed except for singlefamily, owner-occupied, residential property and with the requirements set forth below, as adopted by the Board and Council and reaffirmed in the Five-Year Implementation Plan: At least 2/3 affirmative vote of the Agency Board to acquire any property. Single Family Residential may only be acquired if Agency Board previously approves a Disposition and Development Agreement for that property day noticing prior to the Agency Board meeting at which a project (Disposition and Development Agreement or Owner Participation Agreement) is heard for that property. Eminent Domain Authority Expiration Date UNLIMITED AUTHORITY Project Area Authority 06/24/2008 Park Center Allowed 12/31/2010 Alameda Allowed 06/15/2011 Civic Plaza Allowed T-10593\ (4) Page 3 of 3 Board Agenda: Item Number: 8.1 ATTACHMENT A

8 RECORDATION REQUESTED BY: The Redevelopment Agency of the City of San Jose 50 W. San Fernando, Suite 1100 San Jose, California AFTER RECORDATION, RETURN TO: The Redevelopment Agency of the City of San Jose 50W. San Fernando, Suite 1100 San Jose, California Attn: Janet Kern DOCUMENT: II A " BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of City Titles :1 / Pages: 11 Fees...+ No Fees Taxes... Copies.. AMT PAID RDE # 002 4/18/ AM BY: MAIL ( ) PICK-UP ( X ) PLEASE RECORD WITHOUT FEE PURSUANT TO GOVERNMENT CODE SECTION 6103 STATEMENT OF PROCEEDINGS Per Health and Safety Code Section This is notice by the Redevelopment Agency of the City of San Jose, given pursuant to Section of the California Health and Safety Code, that the property described in Exhibit A constitutes the Neighborhood Business Clusters Redevelopment Project Area and that proceedings for the redevelopment of the Project Area have been instituted under California Community Redevelopment Law pursuant to the Neighborhood Business Clusters Redevelopment Plan adopted March 6, REDEVELOPMENT AGENCY AP ROVED AS TO FORM: OF THE CITY OF SAN JOSE Chief Deputy General Co nsel Executive Director GC /01/97

9 STATE OF CALIFORNIA ) SS COUNTY OF SANTA CLARA ) On this /7 cl -'4" day of AlzALL-, 2001, before me, CELIA M. MILLER, the undersigned Notary Public, personally appeared SUSAN F. SHICK, EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN JOSE, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature, the entity upon behalf of which she acted executed the instrument. WITNESS my hand and official seal. CRIA M. MILLER Commission #12E7406 Notary Nada - California Santa Ciao Couniy MiCanralaq:inaDec 16=4 Celia M. Miller, Notary Public State of California notarytorm.doc

10 EXHIBIT A - LEGAL DESCRIPTION FRUITDALE STATION SAN JOSE RETAIL CLUSTERS ALL THAT CERTIAN REAL PROPERTY SITUATE IN THE CITY OF SAN JOSE, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHERLY CORNER OF THAT CERTAIN PARCEL OF LAND CONTAINING 1.88 ACRES, FILED JUNE 16, 1997 IN DOCUMENT NUMBER , SANTA CLARA COUNTY RECORDS, SAID CORNER ALSO LYING ON THE EASTERLY RIGHT-OF-WAY LINE OF THE "SOUTHWEST EXPRESSWAY"; THENCE FROM SAID CORNER SOUTHEASTERLY ALONG THE EASTERLY BOUNDARY LINE OF LAST SAID PARCEL TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF "FRUITDALE AVENUE", THENCE FROM LAST SAID POINT SOUTHERLY ALONG A LINE PERPENDICULAR TO LAST SAID NORTHERLY RIGHT-OF- WAY LINE 86 FEET + TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF "FRUITDALE AVENUE", SAID POINT ALSO BEING ON THE NORTH LINE OF THAT CERTIAN 0.69 ACRE PARCEL, FILED OCTOBER 7, 1992 IN DOCUMENT NUMBER , SANTA CLARA COUNTY RECORDS; THENCE WESTERLY ALONG THE NORTH LINE OF LAST SAID PARCEL 120 FEET + TO THE MOST NORTHWESTERLY CORNER OF SAME SAID PARCEL; THENCE SOUTH 3 FEET + ALONG THE WEST LINE OF SAME SAID PARCEL TO THE NORTHEAST CORNER OF THAT CERTIAN PARCEL OF LAND, FILED IN OCTOBER 7, 1992 IN DOCUMENT NUMBER , SANTA CLARA COUNTY RECORDS, SAID CORNER ALSO BEING THE BEGINNING OF A CURVE CONCAVE SOUTHEAST AND THE EASTERLY LINE OF THE RIGHT-OF-WAY OF "SAINT ELIZABETH DRIVE"; THENCE 756 FEET + ALONG LAST SAID EASTERLY RIGHT-OF-WAY TO A POINT, SAID POINT BEING THE NORTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND, FILED DECEMBER 18, 1998 IN DOCUMENT NUMBER , SANTA CLARA COUNTY RECORDS; THENCE WESTERLY FROM SAID POINT TO THE WESTERLY RIGHT-OF-WAY LINE OF "SAINT ELIZABETH DRIVE" AND THE MOST SOUTHEASTERLY CORNER OF THAT CERTAIN PARCEL OF LAND FILED APRIL 13, 1990 IN DOCUMENT NUMBER : SANTA CLARA COUNTY RECORDS; THENCE ALONG THE SOUTHERLY AND WESTERLY LINE OF LAST SAID PARCEL 1179 FEET + TO A POINT INTERSECTING THE EASTERLY RIGHT-OF-WAY LINE OF THE "SOUTHWEST EXPRESSWAY"; THENCE CONTINUING ACROSS SAID "EXPRESSWAY" ALONG THE PROLONGATION OF LAST SAID SOUTHERLY PARCEL LINE TO THE EASTERLY LINE OF THE "SOUTHERN PACIFIC TRANSPORTATION PARCEL; THENCE NORTH EASTERLY ALONG LAST SAID EASTERLY LINE TO A POINT ON THE WEST PROLONGATION OF A

11 LINE BEGINNING AT THE MOST NORTHERLY CORNER OF THAT CERTAIN PARCEL OF LAND CONTAINING 1.38 ACRES, FILED JUNE IN DOCUMENT NUMBER , SANTA CLARA COUNTY RECORDS; THENCE EAST ALONG LAST SAID LINE ACROSS SAID "SOUTHWEST EXPRESSWAY RIGHT-OF-WAY" TO THE POINT OF BEGINNING FOR THIS DESCRIPTION. Fruitdale Station FASHAREDWVPDOCS\LEGALS\SJR0A3

12 BASCOM STATION SAN JOSE RETAIL CLUSTERS ALL THAT CERTIAN REAL PROPERTY SITUATE IN THE CITY OF SAN JOSE, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHEASTERLY CORNER OF LOT 72 OF THAT CERTAIN SUBDIVISION TRACT 1614 "COLLEGE MANOR"; THENCE FROM SAID POINT OF BEGINNING EASTERLY ALONG THE PROLONGATION OF THE NORTHERLY LINE OF SAID LOT 72 AND THE SOUTHERLY LINE OF THAT CERTAIN PARCEL OF LAND CONTAINING THE "SAN JOSE WATER WORKS" FILED, JANUARY 1, 1973 IN DOCUMENT NUMBER P , SANTA CLARA COUNTY RECORDS. A DISTANCE OF 324 FEET + TO THE EASTERLY RIGHT-OF-WAY OF "SOUTH BASCOM AVENUE; THENCE SOUTHERLY ALONG LAST SAID RIGHT-OF- WAY TO THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND, FILED SEPTEMBER 8, 1989 IN DOCUMENT NUMBER , SANTA CLARA COUNTY RECORDS; THENCE CONTINUING ALONG THE SOUTHERLY PROLONGATION OF SAID EASTERLY RIGHT-OF-WAY OF "SOUTH BASCOM AVENUE" 100 FEET TO THE SOUTHERLY RIGHT-OF- WAY OF "STOKES STREET"; THENCE EAST ALONG LAST SAID RIGHT-OF- WAY FEET ± TO THE NORTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND, FILED APRIL 23, 1992 IN DOCUMENT NUMBER , SANTA CLARA COUNTY RECORDS; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID LAST PARCEL FEET± TO THE SAID LAST PARCEL; THENCE EAST ALONG CERTAIN PARCEL TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF "SOUTHWEST EXPRESSWAY"; THENCE SOUTHWESTERLY ALONG SAID RIGHT-OF-WAY TO A POINT OF INTERSECTING THE EASTERLY RIGHT-OF-WAY LINE OF THE "SOUTHWEST EXPRESSWAY" WITH THE EASTERLY RIGHT-OF-WAY LINE OF "SOUTH BASCOM AVENUE"; THENCE FROM SAID POINT WEST TO THE WESTERLY RIGHT-OF-WAY LINE OF "SOUTH BASCOM AVENUE, THENCE NOTHERLY ALONG LAST SAID RIGHT-OF-WAY LINE TO A POINT OF INTERSECTION WITH THE WESTERLY LINE OF SAID "SOUTH BASCOM AVENUE" AND THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF SUBDIVISION TRACT NUMBER 333, "DAHL MANOR"; THENCE FROM SAID POINT OF INTERSECTION WESTERLY ALONG SAID SOUTHERLY LINE TO THE MOST SOUTHEAST CORNER OF SAID SUBDIVISION, SAID POINT ALSO BEING THE SOUTHEAST CORNER OF LOT 71 OF SAID SUBDIVISION TRACT NUMBER 333; THENCE ALONG THE EAST LINE OF SAME SAID LOT, FEET + TO THE NORTHWEST CORNER OF SAME SAID LOTAND THE NORTHERLY RIGHT-OF-WAY LINE OF "PALMER 3

13 AVENUE; THENCE ACROSS LAST SAID RIGHT-OF-WAY TO THE SOUTHEAST CORNER OF LOT 1 OF SUBDIVISION TRACT NUMBER "RALOR ESTATES"; THENCE NORTHERLY ALONG THE EAST LINE OF LAST SAID SUBDIVISION TRACT TO THE NORTHEAST CORNER OF LOT 20 OF LAST SAID SUBDIVISION TRACT AND THE SOUTHERLY RIGHT-OF-WAY LINE OF "WHITEHORNE DRIVE"; THENCE NORTHERLY ACROSS "WHITEHORNE DRIVE TO THE SOUTHEAST CORNER OF LOT 3 OF SUBDIVISION TRACT NUMBER 1614, "COLLEGE MANOR"; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID LOT 3 TO THE SOUTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND FILED, APRIL 23, 1992 IN DOCUMENT NUMBER , SANTA CLARA COUNTY RECORDS; THENCE NORTHERLY ALONG LAST SAID EASTERLY LINE TO THE NORTHEAST CORNER THEREOF; THENCE WESTERLY ALONG THE NORTH LINE OF LAST SAID PARCEL AND THE SOUTH RIGHT- OF-WAY LINE OF "STOKES STREET" TO THE NORTHWEST CORNER THEREOF; THENCE NORTHERLY ACROSS SAID RIGHT-OF-WAY AND THE EASTERLY LINE OF SAID SUBDIVISION TRACT 1614 TO THE POINT OF BEGINNING FOR THIS DESCRIPTION. Bascom S tation FASHARED\WPDOC3LEGALS1SJRDA4 4

14 UNION & FOXWORTHY SAN JOSE RETAIL CLUSTERS ALL THAT CERTIAN REAL PROPERTY SITUATE IN THE CITY OF SAN JOSE, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHWESTERLY CORNER OF LOT 72 OF THAT CERTAIN SUBDIVISION TRACT NUMBER 1986, "CAMBRIAN GATEWAY UNIT NUMBER 4" ; THENCE FROM SAID POINT OF BEGINNING ALONG THE EASTERLY RIGHT-OF-WAY OF "UNION AVENUE AND WEST LINE OF LOT 72 OF SAID TRACT FEET ± TO THE NORTHWESTERLY CORNER OF LOT 42 OF SAID TRACT; THENCE ALONG THE NORTH LINE OF SAID LOT FEET± TO THE NORTHEAST CORNER OF LAST SAID LOT; THENCE ALONG THE EAST LINE OF LAST SAID LOT FEET + TO THE NORTH RIGHT-OF-WAY OF "FOXWORTHY AVENUE"; THENCE CONTINUING ALONG THE SOUTHERLY PROLONGATION OF SAID EASTERLY LINE FEET + TO THE SOUTHERLY RIGHT-OF-WAY OF "FOXWORTHY AVENUE" AND THE NORTHWEST CORNER OF LOT 13 OF SUBDIVISION TRACT NUMBER 1394, "CAMBRIAN PARK ESTATES NUMBER 3"; THENCE SOUTHERLY ALONG THE WEST LINE OF LAST SAID LOT 13, FEET + TO THE SOUTHWEST CORNER THEREOF; SAID CORNER ALSO BEING THE ANGLE POINT OF LOT 22 OF SAID TRACT 1394; THENCE FROM SAID CORNER SOUTHWESTERLY ALONG THE PROPERTY LINES OF LOTS 22 AND 21 OF SAID TRACT FEET + TO AN ANGLE POINT OF THE PROPERTY LINE OF SAID LOT 21; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID LOT 21 AND THE SOUTHERLY PROLONGATION THEREOF TO THE SOUTHEAST CORNER OF LOT 14 OF SAID TRACT; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID LOT 14, FEET + TO THE SOUTHWEST OF SAID LOT 14 AND THE EASTERLY RIGHT-OF-WAY OF "UNION AVENUE"; THENCE SOUTHERLY FEET + ALONG SAID RIGHT- OF-WAY AND THE WESTERLY LINE OF LOT 3 OF SAID TRACT TO A POINT OF INTERSECTION OF SAID EASTERLY RIGHT-OF-WAY WITH THE EASTERLY PROLONGATION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF "WILLESTER AVENUE"; THENCE WESTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY TO A POINT OF INTERSECTION OF SAID SOUTHERLY RIGHT-OF-WAY WITH THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF SUBDIVISION TRACT NUMBER 2090, "CAMBRIAN GATEWAY - UNIT NUMBER 6"; THENCE FROM SAID POINT OF INTERSECTION ALONG SAID EASTERLY L11\1E FEET + TO A POINT IN THE SOUTH LINE OF LOT OF SAID TRACT 2090, - THENCE WESTERLY ALONG SAID SOUTH L1NEAND ITS PROLONGATION FEET + TO THE POINT OF BEGINNING FOR. THIS DESCRIPTION..

15 UNION & CAMDEN SAN JOSE RETAIL CLUSTERS ALL THAT CERTIAN REAL PROPERTY SITUATE IN THE CITY OF SAN JOSE, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOW& BEGINNING AT SOUTHWEST CORNER OF LOT 85 OF SUBDIVISION TRACT NUMBER 392 "CAMDEN GARDENS"; THENCE FROM SAID POINT OF BEGINNING NORTHERLY ALONG THE WEST LINE OF LOTS 85, 86, AND 87 OF SAME SAID SUBDIVISION TO THE MOST NORTHEAST CORNER OF LOT 79 OF SAME SAID SUBDIVISION; THENCE WESTERLY ALONG THE NORTH LINE OF SAID LOT 79 TO THE SOUTHWEST CORNER OF LOT 47 OF SAME SAID SUBDIVISION; THENCE NORTHERLY ALONG THE WEST LINE OF SAID LOT 47 TO THE NORTHWEST CORNER THEREOF AND THE SOUTH RIGHT-OF-WAY LINE OF "WOODARD STRE I ''; THENCE NORTHERLY ACROSS LAST SAID RIGHT OF WAY ON THE PROLONGATION OF THE WEST LINE OF SAID LOT 47 TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF SAID "WOODWARD ROAD"; THENCE WESTERLY ALONG LAST SAID RIGHT-OF-WAY TO THE SOUTHWEST CORNER OF LOT 10 OF SAID SUBDIVISION NUMBER 392; THENCE NORTHERLY ALONG THE WEST LINE OF LAST SAID LOT TO THE NORTHWEST CORNER THEREOF; THENCE EASTERLY ALONG THE NORTH LINE OF LAST SAID LOT AND THE PROLONGATION THEROF TO THE SOUTHEAST CORNER OF LOT 29 OF SAME SAID SUBDIVISION; THENCE FROM LAST SAID CORNER NORTHERLY ALONG THE EAST LINE OF LAST SAID LOT TO THE NORTH LINE OF THE RIGHT-OF-WAY OF "CAMDEN AVENUE"; THENCE EASTERLY ALONG LAST SAID RIGHT-OF-WAY LINE TO A POINT ON SAID LINE THAT INTERSECTS WITH THE NORTHERLY PROLONGATION OF THE EASTERLY RIGHT-OF-WAY LINE OF "UNION AVENUE"; -THENCE FROM SAID POINT OF INTERSECTION, SOUTHERLY ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID "UNION AVENUE" TO A POINT OF INTERSECTION WITH THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID LOT 85 OF SAID "SUBDIVISION TRACT 392: THENCE FROM SAID POINT OF INTERSECTION WESTERLY TO THE SOUTHWEST CORNER OF SAID LOT 85 ANF THE POINT OF BEGINNING FOR THIS DESCRIPTION. FASHAREDIWPOOCSlLEGALSISJRDA5 6

16 MONTEREY & ROEDEFR SAN JOSE RETAIL CLUSTERS ALL THAT CERTIAN REAL PROPERTY SITUATE IN THE CITY OF SAN JOSE, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHEAST CORNER OF LOT 2 OF SUBDIVISION RACT NUMBER "GREAT OAKS ADDITION". SAID CORNER ALSO BEING ON THE NORTHERLY RIGHT-OF-WAY LINE OF "ROUNDTABLE DRIVE"; THENCE EASTERLY 620 FEET + ALONG SAID LINE TO A POINT INTERSECTING SAID LINE WITH THE NORTHERLY PROLONGATION OF THE WESTERLY BOUNDARY LINE OF SUBDIVISION TRACT NUMBER 6885: THENCE SOUTHERLY ALONG SAID BOUNDARY LINE AND PROLONGATION FEET + TO AN ANGLE POINT IN THE SOUTHERLY BOUNDARY LINE OF LOT 2 - OF SAID TRACT SAID POINT ALSO BEING THE NORTHEASTERLY CORNER OF THAT CERTAIN PARCEL OF LAND RECORDED IN A DEED FILED, IN DOCUMENT NUMBER , SANTA CLARA COUNTY RECORDS; -THENCE FROM SAID ANGLE POINT ALONG THE EASTERLY LINE OF LAST SAID PARCEL 125 FEET + TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF "MONTEREY ROAD"; THENCE CONTINUING SOUTHERLY ON A LINE PERPENDICULAR TO LAST SAID NORTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 152 FEET + TO THE SOUTHERLY RIGHT-OF-WAY LINE OF "MONTEREY ROAD"; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY IN A NORTHWESTERLY DIRECTION A DISTANCE OF 1200 FEET + TO A POINT; THENCE FROM SAID POINT NORTHERLY 158 FEET + ALONG A LINE PERPENDICULAR WITH SAID SOUTHERLY RIGHT-CF-WAY TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF "MONTEREY ROAD", SAID POINT ALSO BEING THE INTERSECTION OF WESTERLY PROPERTY LINE OF THAT CERTAIN PARCEL OF LAND RECORDED IN A DEED FILED, IN DOCUMENT NUMBER , SANTA CLARA COUNTY RECORDS AND ALSO SAID NORTHERLY RIGHT-OF-WAY; THENCE ALONG LAST SAID WESTERLY PROPERTY LINE 177 FEET + TO THE SOUTHWEST CORNER OF LOT 111 OF SUBDIVISION TRACT NUMBER 2456; THENCE ALONG THE WEST LINE OF LOTS 111 AND 110 OF SAME SAID TRACT, FEET + TO THE NORTHWEST CORNER OF SAID LOT 110; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 110 ANF THE EASTERLY LINE OF SAID LOTS 110 AND 111 A DISTANCE OF 220 FEET + TO THE SOUTHEAST CORNER OF SAID LOT 111 OF SAID "TRACT 2E56"; THENCE EASTERLY ACROSS "ROEDER ROAD" 70 FEET TO THE SOUTHWEST CORNER OF LOT 1 OF SAID "TRACT 2456"; THENCE FROM SAME SAID CORNER ALONG THE SOUTHERLY LINE OF LOTS 1 AND 2OF SAID TRACT 2456 TO A POINT 7

17 OF INTERSECTION WITH THE NORTHERLY PROLONGATION CF THE PROPERTY LINE DIVIDING LOTS 2 AND 3 OF SAID TRA.CT 2652: THENCE SOUTHERLY ALONG SAID DIVIDING LINE A DISTANCE OF 100 FEET- TO THE OF BEGINNING OF THIS DESCRIPTION. monterev & Roeder FASHARED\WPOOCS1LEGAL3SJRDA2 8

18 WHITE & QUIMBY SAN JOSE RETAIL CLUSTERS ALL THAT CERTIAN REAL PROPERTY SITUATE IN THE CITY OF SAN JOSE, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF "QUIMBY ROAD", SAID POINT BEING THE MOST NORTHEASTERLY CORNER OF LOT 14 OF SUBDIVISION TRACT NUMBER 6337; THENCE FROM SAID CORNER IN AN EASTERLY DIRECTION ALONG SAID SOUTHERLY RIGHT-OF-WAY, 1233 FEET + TO THE MOST NORTHWESTERLY CORNER OF LOT 1 OF SUBDIVISION TRACT NUMBER 6018; THENCE FROM SAID CORNER ALONG THE WESTERLY LINE OF SAID TRACT 6018, A DISTANCE OF FEET + TO THE MOST SOUTHWESTERLY CORNER OF LOT 7 OF SAME SAID TRACT 6018, SAID CORNER ALSO BEING A POINT ON THE MOST NORTHERLY LINE OF SUBDIVISION TRACT NUMBER 4084; THENCE FROM SAID CORNER ALONG THE NORTHERLY LINE OF SAID TRACT 4084 A DISTANCE OF 620 FEET + TO A POINT ON THE EASTERLY RIGHT-OF- WAY OF WHITE ROAD: THENCE CONTINUING IN A WESTERLY DIRECTION, 75 FEET + TO A POINT ON THE INTERSECTION OF THE WESTERLY RIGHT-OF-WAY OF WHITE ROAD AND THE SOUTHERLY RIGHT-OF-WAY OF STURLA DRIVE; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY, 347 FEET + TO A POINT ON THE PROLONGATION OF THE EAST LINE OF LOT 37 OF SUBDIVISION TRACT NUMBER 3760 AND AN ANGLE POINT OF THE SOUTHERLY RIGHT-OF-WAY OF STURLA DRIVE: THENCE SOUTH ALONG SAID PROLONGATION 8 FEET TO THE MOST NORTHEAST CORNER OF SAID LOT 37 OF SAID TRACT 3760 AND S&ID SOUTHERLY RIGHT-OF-WAY; THENCE ALONG SAID RIGHT-OF-WAY,141 FEET + TO THE INTERSECTION OF A POINT IN THE NORTHERLY LINE OF LOT 35 OF SAID TRACT 3760 WITH THE SOUTHERLY PROLONGATION OF THE MOST EASTERLY LINE OF SAID TRACT 6337; THENCE NORTHERLY ALONG LAST SAID PROLONGATION OF SAID TRACT 6337, A DISTANCE OF 906 FEET + TO THE POINT OF BEGINNING OF THIS DESCRIPTION. FASHAREDIWPOOC3\LEGALS13JRDA1 9

19 RD:JCK Ord. No /10/05 ORDINANCE NO AN ORDINANCE OF THE CITY OF SAN JOSE REPEALING ORDINANCE NOS AND TO REMOVE 31 ACRES BOUNDED GENERALLY BY SANTA CLARA STREET TO THE SOUTH, JULIAN STREET TO THE NORTH, THIRD STREET TO THE EAST AND MARKET STREET TO THE WEST FROM THE CENTURY CENTER REDEVELOPMENT PROJECT AREA AND FROM THE SAN JOSE MERGED AREA REDEVELOPMENT PROJECT WHEREAS, on August 6, 2002, the City Council adopted Ordinance Nos and which adopted the Fifteenth Amended Century Center Redevelopment Plan adding a 31-acre site bounded generally by Santa Clara Street to the South, Julian Street to the North, Third Street to the East and Market Street to the West (the "Expanded Area").to the existing Downtown San Jose Century Center Redevelopment Project Area and merged the Expanded Area into the San Jose Merged Area Redevelopment Project, respectively. The ordinances were effective as of September 6, 2002; and WHEREAS, on April 26, 2005, the Superior Court of California for the County of Santa Clara in Case No CV invalidated Ordinance No and that decision is final. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SAN JOSE AS FOLLOWS: SECTION 1. Repeal of Ordinance No Ordinance No is hereby repealed. SECTION 2. Repeal of Ordinance No Ordinance No is hereby repealed

20 RD:JCK Ord. No /10/05 SECTION 3. Effective Date. This Ordinance shall be effective as of September 6, 2002, nunc pro tunc. PASSED FOR PUBLICATION of title this 9 th day of August, 2005, by the following vote:. AYES: CAMPOS, CHAVEZ, CHIRCO, CORTESE, LeZOTTE, PYLE, REED, WILLIAMS, YEAGER; GONZALES NOES: NONE ABSENT: NONE DISQUALIFIED: NONE VACANT: DISTRICT 7 ATTEST:, RON GONZA ES Mayor LEE PRICE, CMC City Clerk

21 RD:JCK:CER / /7/2003 Ord. No ORDINANCE NO AN ORDINANCE OF THE CITY OF SAN JOSE AMENDING CERTAIN TIME LIMITATIONS WITH RESPECT TO THE REDEVELOPMENT PLANS FOR THE ALAMEDA, ALMADEN GATEWAY, ALUM ROCK AVENUE, CENTURY CENTER, CIVIC PLAZA, EAST SANTA CLARA STREET, EDENVALE, GUADALUPE-AUZERAIS, JAPANTOVVN, JULIAN-STOCKTON, MARKET GATEWAY, MONTEREY CORRIDOR, NEIGHBORHOOD BUSINESS CLUSTERS, OLINDER, PARK CENTER, PUEBLO UNO, RINCON DE LOS ESTEROS, SAN ANTONIO PLAZA, STORY ROAD, STRONG NEIGHBORHOODS INITIATIVE, AND WEST SAN CARLOS STREET PROJECT AREAS WHEREAS, Section of the Health and Safety Code was added by SB 1045, which took effect on September.1, 2003, and requires the Redevelopment Agency of the City of San Jose ("Agency") during the fiscal year to make a payment for deposit in Santa Clara County's Educational Revenue Augmentation Fund, in the amount of approximately $10 million; and WHEREAS, Sections and of the Health and Safety Code were amended by SB 1045 to provide that when an agency is required to make a payment pursuant to Section , the legislative body may amend a redevelopment plan to extend by one year the time limit of the effectiveness of the plan and the time limit to repay indebtedness or receive property taxes. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SAN JOSE: Section 1. The redevelopment plans for The Alameda, Almaden Gateway, Alum Rock Avenue, Century Center, Civic Plaza, East Santa Clara Street, Edenvale, Guadalupe-Auzerais, Japantown, Julian-Stockton, Market Gateway, Neighborhood Business Clusters, Olinder, Park Center, Pueblo Uno, Rincon de los Esteros, San Antonio Plaza, Story Road, Strong Neighborhoods Initiative, and West San Carlos Street are hereby amended to extend by one year the time limit on the effectiveness of the plans. Section 2. The redevelopment plans for The Alameda, Almaden Gateway, Alum Rock Avenue, Century Center, Civic Plaza, East Santa Clara Street, Edenvale, Guadalupe-Auzerais, Japantown, Julian-Stockton, Market Gateway, Neighborhood Business Clusters, Olinder, Park Center, Pueblo Uno, Rincon de los Esteros, San Antonio Plaza, Story Road, Strong Neighborhoods Initiative, and West San Carlos Street are hereby amended to extend by one year the time limit on the repayment of T-2029\ doc '1

22 RD:JCK:CER / /7/2003 Ord. No indebtedness or receipt of property taxes, if applicable, pursuant to Health and Safety Code Section Section 3.If any part of this Ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portion of this Ordinance, and this City Council hereby declares that it would have passed the remainder of this Ordinance if such invalid portion thereof had been deleted. Section 4. The City Clerk will certify to the passage of this Ordinance by the City Council and cause the same to be published once in a newspaper of general circulation, and it will take effect thirty (30) days after its final passage. PASSED FOR PUBLICATION of title this 4th day of November, 2003, by the following vote: AYES: CAMPOS, CHAVEZ, CHIRCO, CORTESE, DANDO, GREGORY, LeZOTTE, REED, YEAGER; GONZALES NOES: NONE ABSENT: WILLIAMS DISQUALIFIED: NONE ATTEST: RON GONZAL Mayor but ēh U PATRICIA L. City Clerk itkif ' HEARN T-2029\ doc 2

23 ORDINANCE NO /7.1(d) /2.2 (b) AN ORDINANCE OF THE CITY OF SAN JOSE AMENDING THE JULIAN-STOCKTON REDEVELOPMENT PLAN, THE LINDER REDEVELOPMENT PLAN, THE CENTURY CENTER REDEVELOPMENT PLAN, THE SAN ANTONIO PLAZA REDEVELOPMENT PLAN, THE RINCON DE LOS ESTEROS REDEVELOPMENT PLAN, THE PUEBLO UNO REDEVELOPMENT PLAN, THE EDENVALE REDEVELOPMENT PLAN, THE GUADALUPE-AUZERAIS REDEVELOPMENT PLAN, THE MARKET GATEWAY REDEVELOPMENT PLAN, THE ALUM ROCK AVENUE REDEVELOPMENT PLAN, THE EAST SANTA CLARA. STREET REDEVELOPMENT PLAN, THE ALMADEN GATEWAY REDEVELOPMENT PLAN, THE STORY ROAD REDEVELOPMENT PLAN, THE ALAMEDA REDEVELOPMENT PLAN, THE WEST SAN CARLOS STREET REDEVELOPMENT PLAN, THE JAPANTOWN REDEVELOPMENT PLAN, THE MONTEREY CORRIDOR REDEVELOPMENT PLAN, THE PARK CENTER REDEVELOPMENT PLAN, THE CIVIC PLAZA REDEVELOPMENT PLAN, THE NEIGHBORHOOD BUSINESS CLUSTERS REDEVELOPMENT PLAN, AND THE AREA ADDED BY THE FIFTEENTH AMENDED CENTURY CENTER REDEVELOPMENT PLAN TO EFFECT THE MERGER OF SAID REDEVELOPMENT PROJECT AREAS AND MAKING CERTAIN FINDINGS WHEREAS, pursuant to the Community Redevelopment Law of the State of California found at California Health and Safety Code Section et. seq. (the "Redevelopment Law"), and specifically including Redevelopment Law Sections through 33489, the Redevelopment Agency of the City of San Jose ("Agency") has submitted to this Council for consideration the proposed merger of the Fifteenth Amended Century Center Redevelopment Project Area ("Project Area"), which adds territory to the original Project Area, into the San Jose Merged Area Redevelopment Project ("Merger Amendment"); and WHEREAS, pursuant to the California Environmental Quality Act ("C.EQA"), the City of San Jose has prepared an Environmental Impact Report ("EIR") relating to the proposed adoption of the Mixed Use Environmental Impact Report for the Fifteenth Amended Century Center Redevelopment Project Area, which was accepted and certified to be complete by the San Jose Planning Commission on May 22, 2002, and which has been reviewed and considered by this Council and a separate resolution adopted making findings and adopting a Statement of Overriding Considerations pursuant to CEQA; and WHEREAS, the Agency has prepared and submitted to the Council a report accompanying the proposed Amended Plan and Merger Amendment prepared pursuant to Sections and of the Redevelopment Law ("Report to Council"), and this Council has reviewed said report; and _1 08/06/02

24 Ord.NO /7.1(d) /2.2 (b) WHEREAS, the Redevelopment Law requires that this Council consider the proposed Amended Plan and Merger Amendment at a public hearing, which may be a joint public hearing with the Agency Board; and WHEREAS, the Agency caused notice to be published, in form and substance and within the time and manner prescribed by the Redevelopment Law, that the Agency and this Council would conduct a joint public hearing on the proposed Amended Plan and Merger Amendment at the hour of 1:30 p.m., or as soon thereafter as it may be heard, on the 11th day of June, 2002 in the Council Chambers of the City of San Jose, First and Mission Streets, San Jose, California; and WHEREAS, a copy of said Notice of Joint Public Hearing was mailed to the last known assessee of each parcel of land not owned by the Agency and to all residents and businesses within the added area of the Project Area by first class mail, and to the governing body of each taxing agency which levies taxes upon any property in the added area of the Project Area by certified mail; and WHEREAS, the joint public hearing was held on June 11, 2002, and this Council did consider the proposed Amended Plan and Merger Amendment at said hearing and all oral and written evidence or testimony for or against the adoption thereof; and WHEREAS, the Amended Plan, the Merger Amendment and the Report to Council have been made available for inspection and copying to the public; and WHEREAS, four speakers appeared at the public hearing, three who spoke in opposition to and one in favor of the Amended Plan and Merger Amendment; and WHEREAS, two written objections were received at or prior to the public hearing (the "Objections"), and in accordance with the Redevelopment Law, this Council considered such Objections and adopted written responses to such Objections prior to the final adoption of this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SAN JOSE: SECTION I.Oral and written objections presented to the City Council in connection with the public hearing, having been considered, are hereby overruled for the specific reasons set forth in the written responses to the Objections adopted by Council concurrently herewith. SECTION II.As required by Sections and of Redevelopment Law and based on the information and analyses set forth in the Report to Council, including the Preliminary Report and the written responses to the Objections, incorporated herein by reference, the City Council does hereby find and determine: /06/02 2

25 Ord. No /7.1(d) /2.2(b) A. The City Council has heretofore adopted the Julian-Stockton Redevelopment Plan, the Olinder Redevelopment Plan, the San Antonio Plaza Redevelopment Plan, the Rincon de los Esteros Redevelopment Plan, the Pueblo Uno Redevelopment Plan, the Edenvale Redevelopment Plan, the Guadalupe-Auzerais Redevelopment Plan, the Century Center Redevelopment Plan, the Market Gateway Redevelopment Plan, the Alum Rock Avenue Redevelopment Plan, the East Santa Clara Street Redevelopment Plan, the Almaden Gateway Redevelopment Plan, the Story Road Redevelopment Plan, The Alameda Redevelopment Plan, the West San Carlos Street Redevelopment Plan, the Japantown Redevelopment Plan, the Monterey Corridor Redevelopment Plan, the Park Center Redevelopment Plan, the Civic Plaza Redevelopment Plan and the Neighborhood Business Clusters Redevelopment Plan pursuant to Redevelopment Law; B. The boundaries of each of the Project Areas mentioned hereinabove have been duly recorded in the Office of the County Recorder of Santa Clara County, except the Fifteenth Amended Century Center Redevelopment Project Area; C. The City Council, by Ordinance No , adopted on September 30, 1980, authorized the merger of the Julian-Stockton, the San Antonio Plaza and the Olinder Redevelopment Project Areas; D. The City Council, by Ordinance No , adopted on August 25, 1981, authorized the merger of the Rincon de los Esteros, Edenvale and Pueblo Uno Redevelopment Project Areas with the Merged Area Redevelopment Project consisting of the Julian-Stockton, San Antonio Plaza, and the Olinder Redevelopment Project Areas; E. The City Council, by Ordinance No , adopted on August 30, 1983, authorized the merger of the Guadalupe-Auzerais Redevelopment Project Area with the Merged Area Redevelopment Project consisting of the Julian-Stockton, San Antonio Plaza, Olinder, Rincon de los Esteros, Edenvale and Pueblo Uno Redevelopment Project Areas; F. The City Council, by Ordinance No , adopted on November 15, 1983, authorized the merger of the Century Center and Market Gateway Redevelopment Project Areas with the Merged Area Redevelopment Project consisting of the Julian-Stockton, San Antonio Plaza, Olinder, Rincon de los Esteros, Edenvale, Pueblo Uno and Guadalupe-Auzerais Redevelopment Project Areas; G. The City Council, by Ordinance No , adopted on March 17, 1988, authorized the merger of the Alum Rock Avenue, East Santa Clara Street and Almaden Gateway Redevelopment Project Areas with the Merged Area Redevelopment Project consisting of the Julian-Stockton, San Antonio Plaza, Olinder, Rincon de los Esteros, Edenvale, Pueblo Uno, Guadalupe-Auzerais, Century Center and Market Gateway Redevelopment Project Areas; _1 08/06/02 3

26 Ord. No /7.1 (d) /2.2(b) H. The City Council, by Ordinance No , adopted on February 5, 1991, authorized the merger of the Story Road Redevelopment Project Area with the Merged Area Redevelopment Project consisting of the Julian-Stockton, San Antonio Plaza, Olinder, Rincon de los Esteros, Edenvale, Pueblo Uno, Guadalupe-Auzerais, Century Center, Market Gateway, Alum Rock Avenue, East Santa Clara Street and Almaden Gateway Redevelopment Project Areas; I. The City Council, by Ordinance No , adopted on March 5, 1991, authorized the merger of The Alameda Redevelopment Project Area with the Merged Area Redevelopment Project consisting of the Julian-Stockton, San Antonio Plaza, Olinder, Rincon de los Esteros, Edenvale, Pueblo Uno, Guadalupe-Auzerais, Century Center, Market Gateway, Alum Rock Avenue, East Santa Clara Street, Almaden Gateway and Story Road Redevelopment Project Areas; J. The City Council, by Ordinance No adopted on March 21, 1991 authorized the merger of the West San Carlos Street Redevelopment Project Area with the Merged Area Redevelopment Project consisting of the Julian-Stockton, San Antonio Plaza, Olinder, Rincon de los Esteros, Edenvale, Pueblo Uno, Guadalupe-Auzerais, Century Center, Market Gateway, Alum Rock Avenue, East Santa Clara Street, Almaden Gateway, Story Road and The Alameda Redevelopment Project Areas; K. The City Council, by Ordinance No adopted on December 2, 1993, authorized the merger of the Japantown Redevelopment Project Area with the Merged Area Redevelopment Project consisting of the Julian-Stockton, San Antonio Plaza, Olinder, Rincon de los Esteros, Edenvale, Pueblo Uno, Guadalupe-Auzerais, Century Center, Market Gateway, Alum Rock, East Santa Clara, Almaden Gateway, Story Road, Alameda and the West San Carlos Street Redevelopment Project Areas;, L. The City Council, by Ordinance No adopted on December 13, 1994, authorized the merger of the Monterey Corridor Redevelopment Project Area with the Merged Area Redevelopment Project consisting of the Julian-Stockton, San Antonio Plaza, Olinder, Rincon de los Esteros, Edenvale, Pueblo Uno, Guadalupe-Auzerais, Century Center, Market Gateway, Alum Rock, East Santa Clara, Almaden Gateway, Story Road, Alameda, West San Carlos Street, and Japantown Redevelopment Project Areas; M. The City Council, by Ordinance No adopted on June 6, 1996, authorized the merger of the Park Center Redevelopment Project Area with the Merged Area Redevelopment Project consisting of the Julian-Stockton, San Antonio Plaza, Olinder, Rincon de los Esteros, Edenvale, Pueblo Uno, Guadalupe-Auzerais, Century Center, Market Gateway, Alum Rock, East Santa Clara, Almaden Gateway, Story Road, Alameda, West San Carlos Street, Japantown and Monterey Corridor Redevelopment Project Areas; N. The City Council, by Ordinance No adopted on June 8, 1999, authorized the merger of the Civic Plaza Redevelopment Project Area with the Merged Area Redevelopment Project consisting of the Julian-Stockton, San Antonio Plaza, _1 08/06/02 4

27 Ord. No ' /7.1(d) /22(b) Olinder, Rincon de los Esteros, Edenvale, Pueblo Uno, Guadalupe-Auzerais, Century Center, Market Gateway, Alum Rock, East Santa Clara, Almaden Gateway, Story Road, Alameda, West San Carlos Street, Japantown, Monterey Corridor and Park Center Redevelopment Project Areas; 0. The City Council, by Ordinance No adopted on March 6, 2001, authorized the merger of the Neighborhood Business Clusters Redevelopment Project Area with the Merged Area Redevelopment Project consisting of the Julian-Stockton, San Antonio Plaza, Olinder, Rincon de los Esteros, Edenvale, Pueblo Uno, Guadalupe- Auzerais, Century Center, Market Gateway, Alum Rock, East Santa Clara, Almaden Gateway, Story Road, Alameda, West San Carlos Street, Japantown, Monterey Corridor, Park Center and Civic Plaza Redevelopment Project Areas; P. The purpose of the authorized mergers is to permit the allocation of taxes collected pursuant to. Redevelopment Law Section from each of the Project Areas to the entire San Jose Merged Area for the purpose of paying the principal of and interest on indebtedness incurred by the Agency to finance or refinance, in whole or in part, such merged redevelopment project, except as provided in Section IV and V of this Ordinance; Q. The proposed amendments to the Redevelopment Plans are economically sound and feasible. This finding is based upon the ordinances adopting the respective Redevelopment Plans; R. The effectuation of the amendments in order to provide for the Merger will promote the public peace, health, safety and welfare of the community and effectuate the purposes and policy of Redevelopment Law. This finding is based upon the ordinances adopting the respective Redevelopment Plans; S. The Amended Plan is consistent with the General Plan of the City of San Jose, including, as determined by the Planning Commission of the City of San Jose on May 22, 2002; T. The time limitation and, if applicable, the limitation on the number of dollars to be allocated to the Agency that are contained in the Amended Plan are reasonably related to the proposed projects to be implemented in the Project Area and the San Jose Merged Area and to the ability of the Agency to eliminate blight within the Project Area and the San Jose Merged Area. This determination is based on the financial analysis contained in the Report to Council. SECTION III. The Julian-Stockton Redevelopment Project, the Olinder Redevelopment Project, the San Antonio Plaza Redevelopment Project, the Rincon de los Esteros Redevelopment Project, the Pueblo Uno Redevelopment Project, the Edenvale Redevelopment Project, the Guadalupe-Auzerais Redevelopment Project, the Century Center Redevelopment Project, the Market Gateway Redevelopment Project, the Alum Rock Avenue Redevelopment Project, the East Santa Clara Street Redevelopment Project, the Almaden Gateway Redevelopment Project, the Story Road _1 08/06/02 5

28 Ord. No /7.1(d) /2.2(b) Redevelopment Project, The Alameda Redevelopment Project, the West San Carlos Street Redevelopment Project, the Japantown Redevelopment Project, the Monterey Corridor Redevelopment Project, the Park Center Redevelopment Project, the Civic Plaza Redevelopment Project and the Neighborhood Business Clusters - Redevelopment Project are hereby merged. SECTION IV. Tax increments attributable to any of the Julian-Stockton Redevelopment Project Area, the Olinder Redevelopment Project Area, the San Antonio Plaza Redevelopment Project Area, the Rincon de los Esteros Redevelopment Project Area, the Pueblo Uno Redevelopment Project Area, the Edenvale Redevelopment Project Area, the Guadalupe-Auzerais Redevelopment Project Area, the Century Center Redevelopment Project Area, the Market Gateway Redevelopment Project Area, the Alum Rock Avenue Redevelopment Project Area, the East Santa Clara Street Redevelopment Project Area, the Almaden Gateway Redevelopment Project Area, the Story Road Redevelopment Project Area, The Alameda Redevelopment Project Area, the West San Carlos Street Redevelopment Project Area, the Japantown Redevelopment Area, the Monterey Corridor Redevelopment Project Area, the Park Center Redevelopment Project Area, the Civic Plaza Redevelopment Project Area and the Neighborhood Business Clusters Redevelopment Project Area which are allocated to the Redevelopment Agency pursuant to Section shall be first used to comply with the terms of any bond resolution of other agreement pledging such taxes from such Project Areas. SECTION V. Except as provided in Section IV of this Ordinance, not less than twenty percent (20%) of all taxes which are allocated to the Agency pursuant to Section shall be used for the purposes set forth in Redevelopment Law Section SECTION VI. Except as provided in Section III of this Ordinance, the Julian-Stockton Redevelopment Project, the Olinder Redevelopment Project, the San Antonio Plaza Redevelopment Project, the Rincon de los Esteros Redevelopment Project, the Pueblo Uno Redevelopment Project, the Edenvale Redevelopment Project, the Guadalupe-Auzerais Redevelopment Project, the Century Center Redevelopment Project, the Market Gateway Redevelopment Project, the Alba) Rock Redevelopment Project, the East Santa Clara Street Redevelopment Project, the Almaden Gateway Redevelopment Project, the Story Road Redevelopment Project, The Alameda Redevelopment Project, the West San Carlos Street Redevelopment Project, the Japantown Redevelopment Project, the Monterey Corridor Redevelopment Project, the Park Center Redevelopment Project, the Civic Plaza Redevelopment Project and the Neighborhood Business Clusters Redevelopment Project shall each continue under their respective previously adopted Redevelopment Plans. SECTION VII: This Ordinance supersedes all previous ordinances on the same subject to the extent necessary to carry out the purposes of this Ordinance. SECTION VIII.The notice, public hearing and other requirements of the Redevelopment Law have been met _1 08/06/02

29 SECTION IX. The Merger Amendment is found to be necessary and desirable, is hereby approved as submitted to the Council on June 11, 2002, and is hereby adopted. This ordinance which amends all of the project areas set forth in Section III is on file in the offices of the City Clerk and the Redevelopment Agency of the City of San Jose. Ord. No /7.1(d) /2.2(b) SECTION X'. The Executive Director is hereby directed to record with the County Recorder of Santa Clara County a notice of the approval and adoption of the Amended Plan and of the merging of the expanded Project Area with the San Jose Merged Area pursuant to this Ordinance and the Ordinance approving the Amended Plan adopted concurrently herewith. The notice shall contain a description of the boundaries of the expanded Project Area and a statement that proceedings for redevelopment of the expanded Project Area have been instituted under the Redevelopment Law. SECTION Xl. If any part of this Ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining Ordinance, and this Council hereby declares that it would have passed the remainder of this Ordinance if such invalid portion thereof had been deleted. PASSED FOR PUBLICATION OF TITLE on the 11th day of June, 2002 by the following vote: CAMPOS, CHAVEZ, CORTESE, D.ANDO, DIQUISTO, LeZOTTE, AYES: SHIRAKAWA, WILLIAMS, YEAGER; GONZALES NOES: REED ABSENT: NONE DISQUALIFIED: NONE ATTEST: Ron Gonzales, or Patricia L. O'H am, City Clerk _1 08/06/02 7

30 /10.1 (e) /2.2(f) ORDINANCE NO AN ORDINANCE OF THE CITY OF SAN JOSE AMENDING THE JULIAN-STOCKTON REDEVELOPMENT PLAN, THE OLINDER REDEVELOPMENT PLAN, THE SAN ANTONIO PLAZA REDEVELOPMENT PLAN, THE RINCON DE LOS ESTEROS REDEVELOPMENT PLAN, THE PUEBLO UNO REDEVELOPMENT PLAN, THE EDENVALE REDEVELOPMENT PLAN, THE GUADALUPE-AUZERAIS REDEVELOPMENT PLAN, THE MARKET GATEWAY REDEVELOPMENT PLAN, THE CENTURY CENTER REDEVELOPMENT PLAN, THE ALUM ROCK AVENUE REDEVELOPMENT PLAN, THE EAST SANTA CLARA STREET REDEVELOPMENT PLAN, THE ALMADEN GATEWAY REDEVELOPMENT PLAN, THE STORY ROAD REDEVELOPMENT PLAN, THE ALAMEDA REDEVELOPMENT PLAN, THE WEST SAN CARLOS STREET REDEVELOPMENT PLAN, THE JAPANTOWN REDEVELOPMENT PLAN, THE MONTEREY CORRIDOR REDEVELOPMENT PLAN, THE PARK CENTER REDEVELOPMENT PLAN, THE CIVIC PLAZA REDEVELOPMENT PLAN, THE NEIGHBORHOOD BUSINESS CLUSTERS REDEVELOPMENT PLAN, AND THE STRONG NEIGHBORHOODS INITIATIVE REDEVELOPMENT PLAN TO EFFECT THE MERGER OF SAID REDEVELOPMENT PROJECT AREAS AND MAKING CERTAIN FINDINGS WHEREAS, pursuant to the Community Redevelopment Law of the State of California found at California Health and Safety Code Section et. seq. ("Redevelopment Law"), and specifically including Redevelopment Law Sections through 33489, the Redevelopment Agency of the City of San Jose ("Agency") has submitted to this Council for consideration the proposed merger of the proposed Strong Neighborhoods Initiative Redevelopment Project Area ("Project Area") into the San Jose Merged Area Redevelopment Project ("Merger Amendment"); and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City of San Jose has prepared an Environmental Impact Report ("EIR") relating to the proposed adoption of the Strong Neighborhoods Initiative Redevelopment Plan ("Plan Adoption") and the Merger Amendment, which was accepted and certified to be complete by the San Jose Planning Commission on May 22, 2002, and which has been reviewed and considered by this Council and a separate resolution adopted making findings pursuant to CEQA; and WHEREAS, the Agency has prepared and submitted to the Council a report accompanying the proposed Plan Adoption and Merger Amendment prepared pursuant to Sections and of the Redevelopment Law ("Report to Council"), and this Council has reviewed said report; and WHEREAS, the Redevelopment Law requires that this Council consider the proposed Plan Adoption and Merger Amendment at a public hearing, which may be a joint public hearing with the Agency Board; and _1 06/24/02

31 Ord. No /10.1(e) /2.2(f) WHEREAS, the Agency caused notice to be published, in form and substance and within the time and manner prescribed by the Redevelopment Law, that the Agency and this Council would conduct a joint public hearing on the proposed Plan Adoption and Merger Amendment at the hour of 7:00 p.m., or as soon thereafter as it may be heard, on the 11th day of June, 2002 in the Council Chambers of the City of San Jose, First and Mission Streets, San Jose, California; and WHEREAS, a copy of said Notice of Joint Public Hearing was mailed to the last known assessee of each parcel of land not owned by the Agency and to all residents and businesses within said Project Area by first class mail, and to the governing body of each taxing agency which levies taxes upon any property in said San Jose Merged Area Project Areas by certified mail; and WHEREAS, the joint public was held on June 11, 2002, and this Council did consider the proposed Plan Adoption and Merger Amendment at said hearing and all oral and written evidence or testimony for or against the adoption thereof; and WHEREAS, the Strong Neighborhoods Initiative Redevelopment Plan ("Plan"), the Merger Amendment and the Report to Council have been made available for inspection and copying to the public; and WHEREAS, 120 speakers appeared at the public hearing and spoke in response to the proposed Plan Adoption and Merger Amendment; and WHEREAS, 120 written objections and 1,302 petition signatures were received at or prior to the public hearing (the "Objections"), and in accordance with the Redevelopment Law, this Council considered such Objections and adopted written responses to such Objections prior to the final adoption of this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SAN JOSE: SECTION I.Oral and written objections presented to the City Council in connection with the public hearing, having been considered, are hereby overruled for the specific reasons set forth in the written responses to the Objections adopted by Council concurrently herewith. SECTION II.As required by Sections and of Redevelopment Law and based on the information and analyses set forth in the Report to Council, including the Preliminary Report and the written responses to the Objections, incorporated herein by reference, the City Council does hereby find and determine: A. The City Council has heretofore adopted the Julian-Stockton Redevelopment Plan, the Olinder Redevelopment Plan, the San Antonio Plaza Redevelopment Plan, the Rincon de los Esteros Redevelopment Plan, the Pueblo Uno Redevelopment Plan, the Edenvale Redevelopment Plan, the Guadalupe-Auzerais /24/02 2

32 Ord. No /10.1(e) /2.2(0 Redevelopment Plan, the Century Center Redevelopment Plan, the Market Gateway Redevelopment Plan, the Alum Rock Avenue Redevelopment.Plan, the East Santa Clara Street Redevelopment Plan, the Almaden Gateway Redevelopment Plan, the Story Road Redevelopment Plan, The Alameda Redevelopment Plan, the West San Carlos Street Redevelopment Plan, the Japantown Redevelopment Plan, the Monterey Corridor Redevelopment Plan, the Park Center Redevelopment Plan, the Civic Plaza Redevelopment Plan, the Neighborhood Business Clusters Redevelopment Plan and the Strong Neighborhoods Initiative Redevelopment Plan pursuant to Redevelopment Law; B. The boundaries of each of the Project Areas mentioned hereinabove have been duly recorded in the Office of the County Recorder of Santa Clara County, except the Strong Neighborhoods Initiative Redevelopment Project Area; C. The City Council, by Ordinance No , adopted on September 30, 1980, authorized the merger of the Julian-Stockton, the San Antonio Plaza and the Olinder Redevelopment Project Areas; D. The City Council, by Ordinance No , adopted on August 25, 1981, authorized the merger of the Rincon de los Esteros, Edenvale and Pueblo Uno Redevelopment Project Areas with the Merged Area Redevelopment Project consisting of the Julian-Stockton, San Antonio Plaza, and the Olinder Redevelopment Project Areas; E. The City Council, by Ordinance No , adopted on August 30, 1983, authorized the merger of the Guadalupe-Auzerais Redevelopment Project Area with the Merged Area Redevelopment Project consisting of the Julian-Stockton, San Antonio. Plaza, Olinder, Rincon de los Esteros, Edenvale and Pueblo Uno Redevelopment Project Areas; F. The City Council, by Ordinance No , adopted on November 15, 1983, authorized the merger of the Century Center and Market Gateway Redevelopment Project Areas with the Merged Area Redevelopment Project consisting of the Julian-Stockton, San Antonio Plaza, (Minder, Rincon de los Esteros, Edenvale, Pueblo Uno and Guadalupe-Auzerais Redevelopment Project Areas; G. The City Council, by Ordinance No , adopted on March 17, 1988, authorized the merger of the Alum Rock Avenue, East Santa Clara Street and Almaden Gateway Redevelopment Project Areas with the Merged Area Redevelopment Project consisting of the Julian-Stockton, San Antonio Plaza, Olinder, Rincon de los Esteros, Edenvale, Pueblo Uno, Guadalupe-Auzerais, Century Center and Market Gateway Redevelopment Project Areas; H. The City Council, by Ordinance No , adopted on February 5, 1991, authorized the merger of the Story Road Redevelopment Project Area with the Merged Area Redevelopment Project consisting of the Julian-Stockton, San Antonio Plaza, _1 06/24/02 3

33 Ord. No /10.1(e) /2.2(0 Olinder, Rincon de los Esteros, Edenvale, Pueblo Uno, Guadalupe-Auzerais, Century Center, Market Gateway, Alum Rock Avenue, East Santa Clara Street and Almaden Gateway Redevelopment Project Areas; I. The City Council, by Ordinance No , adopted on March 5, 1991, authorized the merger of The Alameda Redevelopment Project Area with the Merged Area Redevelopment Project consisting of the Julian-Stockton, San Antonio Plaza, Olinder, Rincon de los Esteros, Edenvale, Pueblo Uno, Guadalupe-Auzerais, Century Center, Market Gateway, Alum Rock Avenue, East Santa Clara Street, Almaden Gateway and Story Road Redevelopment Project Areas; J. The City Council, by Ordinance No adopted on March 21, 1991 authorized the merger of the West San Carlos Street Redevelopment Project Area with the Merged Area Redevelopment Project consisting of the Julian-Stockton, San Antonio Plaza, Olinder, Rincon de los Esteros, Edenvale, Pueblo Uno, Guadalupe-Auzerais, Century Center, Market Gateway, Alum Rock Avenue, East Santa Clara Street, Almaden Gateway, Story Road and The Alameda Redevelopment Project Areas; K. The City Council, by Ordinance No adopted on December 2, 1993, authorized the merger of the Japantown Redevelopment Project Area with the Merged Area Redevelopment Project consisting of the Julian-Stockton, San Antonio Plaza, Olinder, Rincon de los Esteros, Edenvale, Pueblo Uno, Guadalupe-Auzerais, Century Center, Market Gateway, Alum Rock, East Santa Clara, Almaden Gateway, Story Road, Alameda and the West San Carlos Street Redevelopment Project Areas; L. The City Council, by Ordinance No adopted on December 13, 1994, authorized the merger of the Monterey Corridor Redevelopment Project Area with the Merged Area Redevelopment Project consisting of the Julian-Stockton, San Antonio Plaza, Olinder, Rincon de los Esteros, Edenvale, Pueblo Uno, Guadalupe-Auzerais, Century Center, Market Gateway, Alum Rock, East Santa Clara, Almaden Gateway, Story Road, Alameda, West San Carlos Street, and Japantown Redevelopment Project Areas; M. The City Council, by Ordinance No adopted on June 6, 1996, authorized the merger of the Park Center Redevelopment Project Area with the Merged Area Redevelopment Project consisting of the Julian-Stockton, San Antonio Plaza, Olinder, Rincon de los Esteros, Edenvale, Pueblo Uno, Guadalupe-Auzerais, Century Center, Market Gateway, Alum Rock, East Santa Clara, Almaden Gateway, Story Road, Alameda, West San Carlos Street, Japantown and Monterey Corridor Redevelopment Project Areas; N. The City Council, by Ordinance No adopted on June 8, 1999, authorized the merger of the Civic Plaza Redevelopment Project Area with the Merged Area Redevelopment Project consisting of the Julian-Stockton, San Antonio Plaza, Olinder, Rincon de los Esteros, Edenvale, Pueblo Uno, Guadalupe-Auzerais, Century Center, Market Gateway, Alum Rock, East Santa Clara, Almaden Gateway, Story _1 06/24/02 4

34 Ord. No /10.1 (e) /2.2(0 Road, Alameda, West San Carlos Street, Japantown, Monterey Corridor and Park Center Redevelopment Project Areas; 0. The City Council, by Ordinance No adopted on March 6, 2001, authorized the merger of the Neighborhood Business Clusters Redevelopment Project Area with the Merged Area Redevelopment Project consisting of the Julian-Stockton, San Antonio Plaza, Olinder, Rincon de los Esteros, Edenvale, Pueblo Uno, Guadalupe- Auzerais, Century Center, Market Gateway, Alum Rock, East Santa Clara, Almaden Gateway, Story Road, Alameda, West San Carlos Street, Japantown, Monterey Corridor, Park Center and Civic Plaza Redevelopment Project Areas; P. The purpose of the authorized mergers is to permit the allocation of taxes collected pursuant to Redevelopment Law Section from each of the Project Areas to the entire San Jose Merged Area for the purpose of paying the principal of and interest on indebtedness incurred by the Agency to finance or refinance, in whole or in part, such merged redevelopment project, except as provided in Section IV and V of this Ordinance; Q. The proposed amendments to the Redevelopment Plans are economically sound and feasible. This finding is based upon the ordinances adopting the respective Redevelopment Plans; R. The effectuation of the amendments in order to provide for the Merger will promote the public peace, health, safety and welfare of the community and effectuate the purposes and policy of Redevelopment Law. This finding is based upon the ordinances adopting the respective Redevelopment Plans; S. The Plan is consistent with the General Plan of the City of San Jose, including, but not limited to, the City's housing element, which substantially complies with the requirements of the California Government Code. This finding is based upon the report of the Planning Commission of the City of San Jose; T. The time limitation and, if applicable, the limitation on the number of dollars to be allocated to the Agency that are contained in the Plan are reasonably related to the proposed projects to be implemented in the Project Area and the San Jose Merged Area and to the ability of the Agency to eliminate blight within the Project Area and the San Jose Merged Area. This determination is based on the financial analysis contained in the Report to Council. SECTION III.The Julian-Stockton Redevelopment Project, the Olinder Redevelopment Project, the San Antonio Plaza Redevelopment Project, the Rincon de los Esteros Redevelopment Project, the Pueblo Uno Redevelopment Project, the Edenvale Redevelopment Project, the Guadalupe-Auzerais Redevelopment Project, the Century Center Redevelopment Project, the Market Gateway Redevelopment Project, the Alum Rock Avenue Redevelopment Project, the East Santa Clara Street Redevelopment Project, the Almaden Gateway Redevelopment Project, the Story Road /24/02

35 Ord. No /10.1(e) /2.2(0 Redevelopment Project, The Alameda Redevelopment Project, the West San Carlos Street Redevelopment Project, the Japantown Redevelopment Project the Monterey Corridor Redevelopment Project, the Park Center Redevelopment Project, the Civic Plaza Redevelopment Project, the Neighborhood Business Clusters Redevelopment Project and the Strong Neighborhoods Initiative Redevelopment Project are hereby merged. SECTION IV.Tax increments attributable to any of the Julian-Stockton Redevelopment Project Area, the Olinder Redevelopment Project Area, the San Antonio Plaza Redevelopment Project Area, the Rincon de los Esteros Redevelopment Project Area, the Pueblo Uno Redevelopment Project Area, the Edenvale Redevelopment Project Area, the Guadalupe-Auzerais Redevelopment Project Area, the Century Center Redevelopment Project Area, the Market Gateway Redevelopment Project Area, the Alum Rock Avenue Redevelopment Project Area, the East Santa Clara Street Redevelopment Project Area, the Almaden Gateway Redevelopment Project Area, the Story Road Redevelopment Project Area, The Alameda Redevelopment Project Area, the West San Carlos Street Redevelopment Project Area, the Japantown Redevelopment Area, the Monterey Corridor Redevelopment Project Area, the Park Center Redevelopment Project Area, the Civic Plaza Redevelopment Project Area, the Neighborhood Business Clusters Redevelopment Project Area and the Strong Neighborhoods Initiative Redevelopment Project Area which are allocated to the Redevelopment Agency pursuant to Section shall be first used to comply with the terms of any bond resolution of other agreement pledging such taxes from such Project Areas. SECTION V.Except as provided in Section IV of this Ordinance, not less than twenty percent (20%) of all taxes which are allocated to the Agency pursuant to Section shall be used for the purposes set forth in Redevelopment Law Section SECTION VI.Except as provided in Section III of this Ordinance, the Julian-Stockton Redevelopment Project, the Olinder Redevelopment Project, the San Antonio Plaza Redevelopment Project, the Rincon de los Esteros Redevelopment Project, the Pueblo Uno Redevelopment Project, the Edenvale Redevelopment Project, the Guadalupe-Auzerais Redevelopment Project, the Century Center Redevelopment Project, the Market Gateway Redevelopment Project, the Alum Rock Redevelopment Project, the East Santa Clara Street Redevelopment Project, the Almaden Gateway Redevelopment Project, the Story Road Redevelopment Project, The Alameda Redevelopment Project, the West San Carlos Street Redevelopment Project, the Japantown Redevelopment Project, the Monterey Corridor Redevelopment Project, the Park Center Redevelopment Project, the Civic Plaza Redevelopment Project, the Neighborhood Business Clusters Redevelopment Project and the Strong Neighborhoods Initiative Redevelopment Project shall each continue under their respective previously adopted Redevelopment Plans _1 06/24/02 6