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CRA - 87RESOLUTION NO. CRA-87 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CYPRESS APPROVING THE DRAFT THIRD AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CIVIC CENTER REDEVELOPMENT PROJECT AREA FOR THE PURPOSE OF CIRCULATION AND COMMENT THE REDEVELOPMENT AGENCY OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES, DETERMINES, AND ORDERS AS FOLLOWS: 1. That the City Council of the City of Cypress adopted the Redevelopment Plan for the Civic Center Redevelopment Project Ama ("Redevelopment Plan") on July 19, 1982 by Ordinance No. 692 and subsequently amended the Redevelopment Plan on two separate occasions to add territory and establish certain time and financial limits to conform to changes in the California Community Redevelopment Law, Health and Safety Code Section 33000, et. seq. ("CRL"); and 2.That the Redevelopment Plan, as adopted and amended, granted the Cypress Redevelopment Agency ("Agency") the authority to acquire property within the Civic Center Redevelopment Project Area by eminent domain; and 3. That the Agency's eminent domain authority will expire on April 10, 2001; and 4. That Agency staff and consultants have determined that the use of eminent domain is necessary to implement future Redevelopment Plan projects and programs and have identified a need to extend the eminent domain authority for certain non-residential properties within the Civic Center Redevelopment Project Ama, as shown on the map of the proposed Third Amendment Area ("Exhibit A" to the attached Third Amendment) for a twelve-year period, as allowed by the CRL; and 5. That the Agency has undertaken the required steps for the consideration of the adoption of the Third Amendment; and 6. That the Agency has prepared a Draft Third Amendment to the Redevelopment Plan pursuant to the requirements of the CRL. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Redevelopment Agency of the City of Cypress does hereby approve the Draft Third Amendment to the Redevelopment Plan for the Civic Center Redevelopment Project, prepared pursuant to the requirements of the CRL, attached hereto as Attachment A and incorporated herein, for the purposes of circulation and comment. PASSED AND ADOPTED by the Redevelopment Agency of the City of Cypress at a regular meeting held on the 12th day of February, 2001. AT'I~ST: CHAIRMAN, AGENCY BOARD -1- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS l, JILL R. INGRAM-GUERT1N, Secretary of the Board of the Redevelopment Agency of the City of Cypress, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of the said Redevelopment Agency held on the 12th day of February, 2001, by the following roll call vote: AYES: 4 AGENCY MEMBERS: Keenan, Piercy, Sondhi, and McGill NOES: 0 AGENCY MEMBERS: None ABSENT: 0 AGENCY MEMBERS: None ABSTAiN: 1 AGENCY MEMBERS: McCoy (Due to a potential conflict under the Political Reform Act, Agency Board Member McCoy did not participate in the consideration or action on this Resolution). CRETARY OF TI~AGENCY BO~RT.D ATTACHMENT A Third Amendment to the Redevelopment Plan for the Civic Center Redevelopment Project Area I:~REDEV~Ida\Civic Ctr-LART Docs\Civicplanr eso.doc -3- DRAFT Civic Center Redevelopment Project Area Third Amendment to the Redevel~m~t Plan Adopted: Ordinance No.: Cypress Redevelopment Agency 5275 Orange Avenue Cypress, CaJifomia 90630 Rosenow Spevacek Group, Inc. 540 North Golden Circle, Suite 305 Santa Ana. California 92705 Phone: (714) 541-4585 Fax: (714) 836-1748 E-Mail: info@webrsg.com A,-4 TABLE OF CONTENTS Section Page Introduction ................................................................................................................................. 1 Amendment No. I ....................................................................................................................... 1 Exhibits Exhibit A - Map of Third Amendment Area Exhibit B Listing of Orange County Assessor Parcel Numbers and Street Addresses of All Properties Within the Third Amendment Ama A-5 THIRD AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CIVIC CENTER REDEVELOPMENT PROJECT AREA INTRODUCTION The City Council of the City of Cypress ("City Council") approved and adopted the Redevelopment Plan for the Civic Center Redevelopment Project Area on July 19, 1982, by Ordinance No. 692. On April I0, 1989, the City Council adopted Ordinance No. 813 amending the Redevelopment Plan for the Civic Center Project Area to add new territory. On January 9, 1995, the City Council adopted Ordinance No. 931 establishing certain time and financial limitations imposed by the passage of Assembly Bill 1290. The Third Amendment to the Redevelopment Plan for the Civic Center Redevelopment Project Area ("Third Amendment") makes certain changes to the text of the Plan. Mom specifically, the proposed Third Amendment will extend the Cypress Redevelopment Agency's power of eminent domain within portions of the Civic Center Redevelopment Project for twelve (12) years for non- residentially used properties to enable the Agency to retain all tools available to the Agency in implementing the Redevelopment Plan. In addition, the Third Amendment makes minor textual changes to the Redevelopment Plan with updated language consistent with California Community Redevelopment Law. The changes by this Third Amendment are not to be construed to amend, modify, change or affect in any way the text of the Plan as it applies to the territory within the boundaries of the Civic Center Redevelopment Project, with the exception of non-residentially used properties, as shown on "Exhibit A" and listed in "Exhibit B," herein collectively referred to as the Third Amendment Ama, that is the area that will continue to be subject to eminent domain authority. The Third Amendment Area is generally bounded by Moody Street to the west, Canterbury Drive and Orange Avenue to the south, Walker Street to the west and Vista Formna to the north. The Plan is hereby amended as follows: AMENDMENT NO. 1 That Section 1II. (308) PROPERTY ACQUISITION, (309) REAL PROPERTY shall he revised to read as follows: (308) Property Acquisition (309) Real Property The Agency may acquire real propetW, any interest in property, and any impro t bu ~ ' any vements on i .......... ,~ ........... ,~ ...., ....................... A-6 mte:-e::t ~n .:ny :'ca! ;ml;zr:y by any means authorized by law including. without limitation, by gift, grant, exchange, purchase, cooperative negotiations, lease, option, bequest, devise or eminent domai~L It is in the public interest and is necessary in order to eliminate the conditions requiring redevelopment and in order to execute this Plan for the power of eminent domain to be employed by the Agency to acquire real property in the Project Area which cannot be acquired by gift, gl?t, cxchangc~urchasc~ cooperative negotiations, lease, option, bequest, or devise, cxcht:n~, i:::r:zha:;e or any other lawful method. Eminent domain proceedings, if used, must be commenced within the following time fi-ames: For the Third Amendment Area (a~s shown oil Exhibit A "Map of Third Amendment Area" m~d described on Exhibit B "Listing of Orange County Assessor Parcel Numbers and Street Addresses of All Properties Within the Third Amendment Area"), twelve (12) years from the date the ordinance adopting this Third Amendment Plan becomes effective. b. For all other properties with_in the Civic Center Redevelopment Proiect Area, April I0, 2001. Such time limitations may be extended only by amendment of the Plan. The Agency shall not acquire real property to be retained by an owner pursuant to a participation agreement if the owner fully performs under the agreement. The Agency is authorized to acquire structures without acquiring the land upon which those structures are located. To the extent required by law, :g_the Agency shall not acquire real property on which an existing building is to.be continued on its present site and in its present form and use without the consent of the owner unless: (a) such building requires structural alterations, improvements, modernization or rehabilitation; (b) the site, or lot in which the building is situated, requires modification in size, shape or use; or (c) it is necessary to impose upon such property any of the controls, limitations, restrictions and requirements of this Plan, and the owner fails or refuses to execute a participation agreement in accordance with the provisions of this Plan. A-7 EXHIBIT A MAP OF THIRD AMENDMENT AREA LINCOLN VENU:E! c~w o~ cY~,~ss ~v~o~N'r ^~NCY Civic Center Redevelopment Project Project Area Boundary Third Amendment Area EXHIBIT B LISTING OF ORANGE COUNTY ASSESSOR PARCEL NUMBERS AND STREET ADDRESSES OF ALL PROPERTIES WITHIN THE THIRD AMENDMENT AREA A-10 EXHIBIT B LISTING OF ORANGE COUNTY ASSESSOR PARCEL NUMBERS AND STREET ADDRESSES OF ALL PROPERTIES WITHIN THE THIRD AMENDMENT AREA Parcel Site Address 244 092 30 9470 Moody Street, 244 301 20 5252 Orange Avenue 244 421 01 5172 Orange Avenue 244 431 01 5172 Orange Avenue 244 421 02 NA 244 451 19 538I Orange Avenue Cypress Cypress Cypress Cypress Cypress · Site addresses and parcel numbers were obtained from MetroScan. A-Il