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Eminent Domain -2- September 15, 1999 Based on the staff report and the supporting materials, and after holding a joint public hearing, staff recommends that the City Council: Adopt an ordinance of the City Council of the City of San Leandro Approving Amendment No. 4 to the Alameda County/City of San Leandro Redevelopment Plan to Extend the Power of Eminent Domain to a Limited Number of Commercially and Industrially Zoned Properties within the Project Area. BACKGROUND Environmental Review — General Plan Conformity Under the California Environmental Quality Act (CEQA), adopting an ordinance amending the Redevelopment Plan to extend the power of eminent domain is not defined as a "project" (State of California, CEQA Guidelines Section 15378). Therefore, no environmental review is required. In addition, an Amendment of this type does not change the City's Zoning Code or Map, and therefore does not trigger the requirement of a General Plan conformity finding by the Planning Commission. Any specific development project subsequently undertaken by the Agency requiring the use of eminent domain powers may be subject to environmental review and a General Plan conformity finding. Plan Amendment No. 1 The first amendment to the Joint Plan was adopted September 9, 1994. This amendment, which was enacted to comply with the requirements of Assembly Bill 1290, changes the time limits on plan activities, establishing debt and repayment of debt. It did not have any effect on the use or application of eminent domain authority. Plan Amendment No. 2 The second amendment to the Joint Plan (adopted in December, 1995) added eminent domain authority to a total of 30 parcels in the Joint Project Area. Plan Amendment No. 3 The third amendment to the Joint Plan (adopted in February of 1996 as an amendment to Plan Amendment No. 2) added eminent domain authority to an additional 14 parcels in the Joint Project Area. Community Informational Workshop on Plan Amendment No. 4 As required by State Law, a public notice was mailed to all property owners, business owners and residents within the Joint Project Area on August 19`h, 30 days prior to this public hearing using address rolls available on Metro -Scan. In addition, an informal community meeting was noticed in the same mail -out and held on September 8, 1999. Forty-nine members of the public attended the meeting. Most of those attending indicated they had properties that were impacted y 98