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CRA - 91RESOLUTION NO. CRA-91 A RESOLUTION OF THE CYPRESS REDEVELOPMENT AGENCY APPROVING THE REPORT TO THE CITY COUNCIL IN CONNECTION WITH THE PROPOSED THIRD AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CIVIC CENTER REDEVELOPMENT PROJECT AREA AND AUTHORIZING TRANSMI'FDAL OF THE REPORT TO THE CITY COUNCIL THE CYPRESS REDEVELOPMENT AGENCY HEREBY FINDS, RESOLVES, DETERMINES, AND ORDERS AS FOLLOWS: 1. That the City Council of the City of Cypress ("City Council") and the Redevelopment Agency of the City of Cypress ("Agency") have undertaken proceedings to adopt the Third Amendment to the Redevelopment Plan for the Civic Center Redevelopment Project Area ("Third Amendment"); and 2. That the Agency has prepared the Report to City Council ("Report") in connection with the proposed Third Amendment, which is the report and information required by Sections 33352 and 33457.1 of the California Community Redevelopment Law (Health and Safety Code Section 33000, et seq.) ("CRL"); and 3. That a copy of the Report and a copy of the Third Amendment is on file in the office of the Agency Secretary/City Clerk and available for public inspection. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Cypress Redevelopment Agency does hereby approve the Report to City Council, attached hereto as Attachment A and incorporated herein, and authorizes and directs Agency staff to transmit the Report to City Council to the members of the City Council. PASSED AND ADOPTED by the Cypress Redevelopment Agency at a regular meeting held on the 26th day of March, 2001. CHAIRMAN, AGENCY BOARD ATTEST: (.¢ECRETARY OF ~ AGENCY BOARD STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss I, JILL R. INGRAM-GUERTIN, Secretary of the Board of the Cypress Redevelopment Agency, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of the said Redevelopment Agency held on the 26th day of March, 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). (~-ECRETARY OF '1~ AGE~(~Y~BOAF~D ATTACHMENT A REPORT TO CITY COUNCIL PREPARED IN CONNECTION WITH THE PROPOSED THIRD AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CIVIC CENTER REDEVELOPMENT PROJECT AREA Proposed Third Amendment to the Redevelopment Plan for the Civic Center Redevelopment Project Area Report to the City Council March 12, 2001 Oypress Redevelopment Agency 5275 Orange Avenue Cypress, CA 90630 540 North Golden Circle, Suite 305 Santa Ana, Califomia 92705 Phone: (714) 541-4585 Fax: (714) 836-1748 E-Mall: info~brsg.com A'I'rACHIV~NT TABLE OF CONTENTS SECTION PAGE INTRODUCTION ...................................................................................... i SECTION A ................................................................... Reasons for Amending the Redevelopment Plan and a Description of Specific Projects Proposed and How These Projects Will Improve or Alleviate Blighting Conditions Found in the Project Area SECTION B .............................. A Description of the Physical and Economic Conditions Existing in the Areas Affected by the Proposed Third Amendment SECTION C ................................ A Five-Year Implementation Plan that Describes Specific Goals, Objectives, Projects, and Expenditures and a Description of How These Projects Will Improve or Alleviate Blighting Conditions SECTION D ........................................................................................................... 2 Why the Elimination of Blight and Redevelopment Cannot Be Accomplished by Private Enterprise Acting Alone or by the Cypress Redevelopment Agency's Use of Financing Alternatives Other Than Tax Increment SECTION E ........................................................................................................... 3 The Method of Financing SECTION F The Relocation Plan SECTION G ........................................................................................................... 3 Analysis of the Preliminary Plan SECTION H ........................................................................................................... 4 Report and Recommendation of the Planning Agency SECTION I ........................................................................................................... 4 Project Area Committee Requirement SECTION J ........................................................................................................... 4 General Plan Conformance A-2 SECTION PAGE SECTION K ........................................................................................................... Environmental Documentation SECTION L ....................................................................................................... 5 Report of the County Fiscal ofirtcer SECTION M ................................................................................................ 5 Neighborhood Impact Report SECTION N ........................................................................................................... 6 Analysis of the Report Prepared by the County Fiscal Officer, a Summary of Consultations With Affected Taxing Agencies, and Responses to Affected Taxing Agencies' Concerns Regarding the Third Amendment APPENDIX 1 APPENDIX 2 Third Amendment Area Map Listing of Orange County Assessor Parcel Numbers and Street Addresses of All Properties Within the Third Amendment Area INTRODUCTION The Cypress Redevelopment Agency ("Agency") is taking steps leading to the adoption of an amendment to the Redevelopment Plan for the Civic Center Redevelopment Project Area ("Third Amendment"). The Redevelopment Plan for the Civic Center Redevelopment Project ("Redevelopment Plan" or "Plan") was adopted on July 19, ! 982. The Redevelopment Plan was subsequently amended twice; the first amendment was adopted by the City Council of the City of Cypress on April 10, 1989, to add certain territory to the project, which has since been developed as Sorrento Homes. The Redevelopment Plan was amended a second time on January 9, 1995, to establish certain time limitations required by changes in the California Community Redevelopment Law, Health and Safety Code Section 33000, et. seq. ("CRL"). The proposed Third Amendment would amend the existing Redevelopment Plan to extend the Agency's eminent domain authority, within a limited, non-residential portion of the Civic Center Redevelopment Project Ama, for a twelve (12) year time period. The Third Amendment will no__~t 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 Area, with the exception of non-residentially used properties. The extension of eminent domain is not proposed in the area currently developed as Sorrento Homes, Cypress Park Senior Community, and Cypress Sunrise Apartments. The area to be impacted by the proposed Third Amendment is generally bounded by Moody Street to the west, Canterbury Drive and Orange Avenue to the south, Walker Street to the west and Vista Fortuna to the north. A map of this area is attached hereto as Appendix 1. A listing of the assessor parcel numbers and corresponding street addresses for all properties within the Third Amendment Area is also provided in Appendix 2. The proposed Third Amendment will not enlarge or in any way alter the boundaries of the Civic Center Redevelopment Project Area ("Project Area"). This document is the Report to City Council ("Report") on the proposed Third Amendment and has been prepared pursuant to Sections 33457.1 and 33352 of the CPL. Pursuant to Sections 33352 and 33457.1 of the CRL, the Agency is required to submit a Report containing specific documentation regarding the proposed Third Amendment. The purpose of this Report is to provide the information, documentation, and evidence required by the CRL to support the adoption of the Third Amendment. This information, documentation, and evidence is provided to assist the Agency in its consideration of the proposed Third Amendment, and in making the various determinations in connection with its adoption. Due to the fact that the proposed Third Amendment proposes only to extend the eminent domain provision within a limited portion of the Project Area, Section 33457.1 of the CPL dictates the required components of this Report to Council. More specifically, Section 33457.1 of the CPL states that the reports and information required by Section 33352 is only the reports and information warranted by the proposed Third Amendment. Much of the information normally required for the sections of a Report pertaining to adoption of a redevelopment plan was previously documented and presented in the Report to Council prepared for the adoption of the ltasenow Spevacelt 4~o~p, Inc Q;press ltedevel~t,,~-,,t Agency Merck, 2001 i Report to the C#y Council Redevelopmem Plan. The required reports and information which were part of the documentation prepared in connection with the adoption of the Plan are not again documented in this Report but, instead, reference is made to prior documentation which is incorporated herein. It is also important to note that pursuant to Section 33368 of the CRL, the Agency's adoption of the ordinance adopting the Redevelopment Plan is final and conclusive, and it is now conclusively presumed and beyond legal challenge that the Project Area is a blighted area as defined by Sections 33031 and 33032 of the CRL and that all prior proceedings have been duly and regularly taken. Thus, no additional "blight findings" are required for adoption of the Third Amendment. The contents of this Report are presented in 14 sections which generally correspond to the subdivisions presented in Section 33352 of the CRL. The sections are as follows: SECTION A Reasons for Amending the Redevelopment Plan and a Description of Specific Projects Proposed and How These Projects Will Improve or Alleviate Blighting Conditions Found in the Project Area SECTION B A Description of the Physical and Economic Conditions Existing in the Areas Affected by the Third Amendment SECTION C An Implementation Plan that Describes Specific Goals, Objectives, Projects, and Expenditures for the Next Five Years and a Description of How These Projects Will Improve or Alleviate Blighting Conditions SECTION D Why the Elimination of Blight and Redevelopment Cannot be Accomplished by Private Enterprise Acting Alone or by the Agency's Use of Financing Alternatives Other Than Tax Increment SECTION E The Method of Financing SECTION F The Relocation Plan SECTION G Analysis of the Preliminary Plan SECTION H Report and Recommendation of the Planning Agency SECTION I Project Area Committee Requirement SECTION J General Plan Conformance SECTION K Environmental Documentation SECTION L Report of the County Fiscal Officer SECTION M Neighborhood Impact Report Rosenow Spevaceit Group, Mc March, 2001 ii ltegort to Me C~ Co,mc# SECTION N Analysis of the Report Prepared by the County Fiscal Officer, a Summary of Consultations with Affected Taxing Agencies and Responses to Affected Taxing Agencies' Concerns Regarding the Third Amendment A-6 Rosettow Speva~ek Grot~p, Ina L'~prtss Redtvelopment ~4gcn~y March, 2001 iii ltepon to the C~ Coun¢# SECTION A Reasons for Amending the Redevelopment Plan and a Description of Specific Projects Proposed and How These Projects Will Improve or Alleviate Blighting Conditions Found in the Project Area The Agency seeks to amend the Plan to extend the Agency's ability, subject to following all required procedures under California law, to use eminent domain to acquire property within a specific, limited, non-residential portion of the Civic Center Redevelopment Project Area, for 'a twelve (12) year period. The Third Amendment will not 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 this one change applicable only to non- residentially used properties. The extension of eminent domain is not proposed in the area currently developed as Sorrento Homes, Cypress Park Senior Community, and Cypress Sunrise Apartments. The area to be impacted by the proposed Third Amendment is generally bounded by Moody Street to the west, Canterbury Drive and Orange Avenue to the south, Walker Street to the west and Vista Fortuna to the north. The extension of the eminent domain provision will allow the Agency to retain all tools available to it in implementing the Redevelopment Plan. This Report does not contain any further information as may be required by subdivision (a) of Section 33352 because the reasons for selection of the Project Area remain the same as when the Project Area was selected when the Plan was originally adopted, and are not affected by the proposed Third Amendment. In addition, no specific projects outside the scope of the Redevelopment Plan are proposed by the Agency in connection with the Third Amendment. SECTION B A Description of the Physical and Economic Conditions Existing in the Project Area Affected by the Proposed Third Amendment A description of the physical and economic conditions that cause the Project Area to be blighted was provided in the documentation which was prepared and provided as evidence that thc Project Area was deemed blighted at thc time of adoption of thc Plan. Pursuant to Section 33368 of the CRL, the adoption of the ordinance adopting thc Rcdcvclopment Plan is final and conclusive, and it is now conclusively presumed and beyond legal challenge that thc Project Area is a blighted arca as defined by Sections 33031 and 33032 of the CRL and that all prior proceedings have been duly and regularly taken. Given the language in both Sections 33368 and 33457.1 of Mar~. 2001 I Repot: to the Ci:y Council A-7 the CRL, additional description is not appropriate or required due to the fact that the proposed Third Amendment will not change the boundaries of the Project Area or make any other changes to the Plan that would require a review of, or reanalysis of, the blight findings. SECTION C A Five-Year Implementation Plan That Describes Specific Goals, Objectives, Projects, and Expenditures and a Description of How These Projects Will Improve or Alleviate Blighting Conditions The Agency previously adopted the Five-Year Implementation Plan for the Project Area on November 22, 1999, pursuant to Section 33490 of the CRL. The Implementation Plan contains specific goals and objectives of the Agency for the Project Area, the specific projects and expenditures proposed to be made during the five-year period, and an explanation of how these goals, objectives, and expenditures will eliminate blight within the Project Area. A new Implementation Plan is not required for this Third Amendment. SECTION D Why the Elimination of Blight and Redevelopment Cannot,Be Accomplished by Private Enterprise Acting Alone or by the Agency's Use of Financing Alternatives Other Than Tax Increment An explanation of why the elimination of blight in the Project Area cannot be accomplished by private enterprise alone, or by the Agency's use of financing alternatives other than tax increment financing, was previously provided in the supporting documentation prepared and provided at the time the Project Area was adopted. The proposed Third Amendment will not make any changes which would affect the validity of the previously prepared documentation. Rosenow $1~'vacek Grottl~, Ink C~press Redevelopment Agency 2001 2 Re~ot~ to the City Council A-8 SECTION E The Method of Financing The proposed method of financing the redevelopment of the Project Area was provided at the time the Project Area was adopted. Because the Third Amendment will not enlarge the Project Area or change the proposed method of financing, this Third Amendment will not change any aspect of the financing of the Project Area, or change the analysis prepared at the time the Project Area was adopted. Therefore, the Third Amendment does not warrant that this section be prepared. SECTION F The Relocation Plan A plan and method of relocation in the Project Area was provided in the supposing documentation prepared and provided at the time the Project Area was adopted. Pursuant to Section 33457.1 of the CRL, and because the proposed Third Amendment will not enlarge the Project Area or change the previously prepared and adopted Relocation Plan, the Third Amendment does not warrant the preparation of this section. SECTION G Analysis of the Preliminary Plan An analysis of the Preliminary Plan was provided in the supporting documentation prepared at the time the Project Area was adopted. Pursuant to Section 33457.1 of the CRL, and because the analysis of the Preliminary Plan remains the same and is not affected by the proposed Third Amendment, additional analysis is not required. ROM~OW Spe*~LWlt GrOUp, Mc Cypress Rede~elol)ment ,~gency 2001 3 Rel~rt to the City Core, ell A~9 SECTION H Report and Recommendation of the Planning Agency The City of Council of the City of Cypress acts as the City's planning agency ("Planning Agency"). The report and recommendation of the Planning Agency information was provided in the supporting documentation, which was prepared at the time the Project Area was adopted. The Agency did not request a new report and recommendation of the Planning Agency for the Third Amendment because the proposed Third Amendment will not affect the land use provisions of the Plan and it was previously determined that the Plan was in conformance with the adopted General Plan of the City of Cypress. SECTION I Project Area Committee Requirement Pursuant to the CRL, the proposed Third Amendment does not necessitate the formation of a Project Area Committee ("PAC") and, therefore the summary of information presented to the PAC is not required. More specifically, pursuant to Section 33385.3 of the CRL, a PAC is required if the Agency proposes to amend a redevelopment plan to: (1) grant the authority to the agency to acquire by eminent domain property on which persons reside in a project area in which a substantial number of low- and moderate-income persons reside; or (2) add territory in which a substantial number of low- and moderate-income persons reside and grant the authority to the agency to acquire by eminent domain property on which person reside in the added territory. The Third Amendment would not result in either of these situations, and thus, a PAC is not required. SECTION J General Plan Conformance Information which determined that the Redevelopment Plan was in conformance with the General Plan, was provided in the documentation, which was prepared at the time the Project Area was adopted. The Agency is not required to prepare this section due to the fact that the proposed Third Amendment does not contain provisions which would alter land use designations, nor does the proposed Third Amendment affect the land use provisions of the Plan. RosenowSpevacekGroup, lnc C~pressRedevelapment,~ency A-IO March, 2001 4 Report to the Cily Counc# SECTION K Environmental Documentation The Initial Study prepared in connection w~th the proposed Third Amendmem, pursuant to California Environmental Quality Act guidelines, revealed that because the proposed Third Amendment will only make textual changes to the Redevelopment Plan, and will not result in the construction of any facilities or the establishment of any programs outside the scope of the Redevelopment Plan, the Third Amendment will not have a significant adverse impact on the environment and a Negative Declaration for the proposed Third Amendment was prepared. SECTION L Report of the County Fiscal Officer The proposed Third Amendment will not enlarge the Project Area; therefore, it is not necessary for the Agency to request a base year report from the County of Orange pursuant to CRL Section 33328. Project Area fiscal infonmation was provided in the supporting documentation, which was prepared and provided at the time the Project Area was adopted. Because the Third Amendment will not alter the boundaries of the Project Area, this report is not needed or required. SECTION M Neighborhood Impact Report A Neighborhood Impact Report was provided in the supporting documentation, which was prepared and provided at the time the Project Area was adopted. Pursuant to Section 33457.1 of the CRL, because this proposed Third Amendment will not enlarge the Project Area, no additional analysis would be appropriate or required. A-II Rostnow Spevacek Group, Ina C~prtss Redevelopment Agency March, 2001 $ Report to the Chy Council SECTION N Analysis of the Report Prepared by the County Fiscal Officer, a Summary of Consultations with Affected Taxing Agencies, and Response to Affected Taxing Agencies' Concerns Regarding the Third Amendment Because the proposed Third Amendment will not add area to the Project Area, submission of a request to the County to prepare a report pursuant to Section 33328 of the CRL was neither required nor appropriate. Therefore, a summary of this report is not included. With regard to consultations with affected taxing agencies, the proposed Third Amendment will not affect the financing of the Project Area in any way, nor will it significantly change land uses or public improvement projects and, therefore, additional consultations are not needed. It is important to note that all taxing entities within the Project Area were notified of the joint public hearing in accordance with the requirements of Section 33349(d) of the CRL. A-12 Rosenow Spe~acel~ Group, ln~ C'~pre~$ Redevelopment Agency Match, 2001 6 Report to tl~e C~y Council APPENDICES A-13 APPENDIX 1 Third Amendment Area Map A-~4 CITY OF CYPRESS REDEVELOPMENT AGENCY Civic Center Redevelopment Project .----- Project Area Boundary ::::::::: Third Amendment Area EXHIBIT 'A" A-15 APPENDIX 2 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, Cypress 244 301 20 5252 Orange Avenue, Cypress 244 421 01 5172 Orange Avenue, Cypress 244 431 01 5172 Orange Avenue, Cypress 244 421 02 NA 244 451 19 5381 Orange Avenue, Cypress * Site addresses and parcel numbers were obtained from MetroScan. A-16