Ordinance No. 1090389
ORDINANCE NO. 1090
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
CONFORMING TO THE REQUIREMENTS OF SENATE BILL 53, CHAPTER 591 OF
STATUTES OF 2006, AS CODIFIED IN CALIFORNIA HEALTH AND SAFETY CODE
SECTION 33342.7, TO DESCRIBE THE PROGRAM OF THE CYPRESS
REDEVELOPMENT AGENCY TO ACQUIRE REAL PROPERTY BY EMINENT
DOMAIN.
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN AS FOLLOWS:
Section 1. Declaration of Purpose.
A. By adoption of Ordinance No. 639 on April 9, 1979, the City Council of the
City of Cypress activated the Cypress Redevelopment Agency, a public body, corporate
and politic ( "Agency "). The Agency is organized and existing under the California
Community Redevelopment Law which is codified at Health and Safety Code Section
33000 et seq. ( "CRL ").
B. By adoption of Ordinance No. 1067 on June 27, 2005, the City Council of
the City of Cypress, in compliance with the CRL and other applicable law, adopted the
Merged, Amended, And Restated Redevelopment Plan ( "Merged Redevelopment Plan ")
for the Cypress Merged And Amended Redevelopment Project Area ( "Merged Project
Area "). The Merged Redevelopment Plan merged, amended, and restated the three
separate redevelopment plans previously adopted by the City, as follows:
(1) the Redevelopment Plan for the Civic Center Redevelopment
Project Area, by Ordinance No. 692 adopted on July 19, 1982, as amended by
Ordinance No. 813 adopted on April 10, 1989, by Ordinance No. 932 adopted on
January 9, 1995, by Ordinance No. 1007 adopted on April 9, 2001, by Ordinance No.
1044 adopted on November 10, 2003, by Ordinance No. 1056 adopted on April 26,
2004, and by the aforedescribed Ordinance No. 1067 adopted on June 27, 2005 which
merged, amended, and restated all of the foregoing as part of the Merged
Redevelopment Plan (hereinafter the "Civic Center Component Area ");
(2) the Redevelopment Plan for the Lincoln Avenue Redevelopment
Project Area, by Ordinance No. 852 adopted on June 25, 1990, as amended by
Ordinance No. 932 adopted on January 9, 1995, by Ordinance No. 1013 adopted on
August 27, 2001, by Ordinance No. 1045 adopted on November 10, 2003, by Ordinance
No. 1056 adopted on April 26, 2004, and by the aforedescribed Ordinance No. 1067
adopted on June 27, 2005 which merged, amended, and restated all of the foregoing as
part of the Merged Redevelopment Plan (hereinafter the "Lincoln Avenue Component
Area "); and
(3) the Redevelopment Plan for the Los Alamitos Race Track and Golf
Course Redevelopment Project Area, adopted by Ordinance No. 851 on June 18, 1990,
as amended by Ordinance No. 932 adopted on January 9, 1995, by Ordinance No.
1014 adopted on September 10, 2001, by Ordinance No. 1046 adopted on November
10, 2003, by Ordinance No. 1056, adopted on April 26, 2004, and by the aforedescribed
Ordinance No. 1067 adopted on June 27, 2005 which merged, amended, and restated
all of the foregoing as part of the Merged Redevelopment Plan (hereinafter the "LART
Component Area ").
C. The Merged Redevelopment Plan, as of the date of this Ordinance, sets
forth the applicable provisions on the Agency's authority to acquire real property by
eminent domain with respect to the Civic Center Component Area, the Lincoln Avenue
Component Area, and the LART Component Area.
D. By enactment of Senate Bill 53 (Stats.2006, Ch. 591), the CRL was
amended to add Health and Safety Code Section 33342.7 to require that communities
with redevelopment plans adopted prior to January 1, 2007, adopt an ordinance prior to
July 1, 2007, that contains a description of the redevelopment agency's program to
acquire real property by eminent domain. It is the purpose and intent of the City Council
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with the adoption of this Ordinance to describe the Agency's program to acquire real
property by eminent domain, whereby the Agency may acquire real property by eminent
domain pursuant to provisions set forth in the Merged Redevelopment Plan and subject
to applicable law.
Section 2. Cypress Redevelopment Agency's Program to Acquire Real
Property By Eminent Domain.
A. The Agency shall use the power of eminent domain to acquire real
property only if negotiations for the voluntary purchase and sale of real property do not
result in the acquisition by the Agency of real property that the Agency has the power to
acquire pursuant to the Merged Redevelopment Plan and the CRL.
B. When exercising the power of eminent domain to acquire real property
pursuant to, and as limited by, the Merged Redevelopment Plan, the Agency shall
comply with all applicable provisions of federal, state, and local laws and regulations,
including but not limited to the United States Constitution, the California Constitution,
the Eminent Domain Law of the State of California (Code of Civ. Proc. § 1230.010 et
seq.), and the CRL. If, when exercising the power of eminent domain to acquire real
property, a person or entity is displaced in such a manner that would entitle the person
or entity to relocation assistance, the Agency shall comply with all provisions of federal,
state, and local laws and regulations requiring relocation assistance, if and to the extent
applicable, including but not limited to the United States Uniform Relocation Assistance
and Real Property Acquisition Policies Act (42 U.S.C. § 4601 et seq.) and implementing
regulations, the California Real Property Acquisition and Relocation Assistance Act
(Gov. Code § 7260 et seq.), Article 9 of Chapter 4 of Part 1 of the CRL (Gov. Code
§ 33410 et seq.), Title 25 of California Code of Regulations Section 6000 et seq., the
Redevelopment Plan, and the Agency's adopted Relocation Method.
C. The Agency's authority to use the power of eminent domain to acquire real
property with respect to the Merged Project Area shall be in accordance with the
Merged Redevelopment Plan which provides that the Agency is authorized to acquire
real property by any means authorized by law including, without limitation, by gift, grant,
exchange, purchase, cooperative negotiations, lease, option, bequest, devise, or by
eminent domain, but the Agency's authority to acquire real property by eminent domain
is subject to the following:
(1) With respect to the Civic Center Component Area, as set forth in
the Merged Redevelopment Plan:
(a) The Agency's authority to use eminent domain to acquire
real property within the Civic Center Component Area is limited to only the following
parcels of real property within the Civic Center Component Area as described in the
Merged Redevelopment Plan: (i) Parcel No. 244 - 092 -30 addressed as 9470 Moody
Street; (ii) Parcel No. 244 - 301 -20 addressed as 5252 Orange Avenue; (iii) Parcel No.
244 - 421 -01 addressed as 5172 Orange Avenue; (iv) Parcel No. 244 - 431 -01 addressed
as 5172 Orange Avenue; (v) Parcel No. 244 - 421 -02 which does not have a separate
address; and (vi) Parcel No. 244 - 451 -19 addressed as 5381 Orange Avenue. To add
any other parcels to the foregoing list requires an amendment to the Merged
Redevelopment Plan unless otherwise provided by the CRL or other applicable law.
(b) As set forth in the Merged Redevelopment Plan, the
Agency's authority to use eminent domain to acquire real property in the Civic Center
Component Area will expire on April 9, 2013. Such time limitation may be extended
only by amendment of the Merged Redevelopment Plan unless otherwise provided by
the CRL or other applicable law.
(2) With respect to the Lincoln Avenue Component Area, the Lincoln
Avenue Component Area consists of the "Original Lincoln Avenue Project Area" as
defined with the adoption of Ordinance No. 1013 on August 27, 2001, and the "Lincoln
Avenue Added Area" as defined in the Merged Redevelopment Plan adopted by
Ordinance No. 1067 on June 27, 2005. As set forth in the Merged Redevelopment
Plan:
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(a) Eminent Domain may be used by the Agency to acquire real
property in the Original Lincoln Avenue Project Area. The Agency's authority to use
eminent domain to acquire real property in the Original Lincoln Avenue Project Area will
expire on August 27, 2013. Such time limitation may be extended only by amendment
of the Merged Redevelopment Plan unless otherwise provided by the CRL or other
applicable law.
(b) Eminent Domain may be used by the Agency to acquire real
property in the Lincoln Avenue Added Area except for "Added Area Exempt Properties"
which are defined in the Merged Redevelopment Plan as real properties which are in
legal residential use at the time the Merged Redevelopment Plan was adopted (by
Ordinance No. 1067 on June 27, 2005) and which thereafter do not become an illegal
residential use or an illegal nonconforming use under the City's zoning code. The
Agency's authority to use eminent domain to acquire real property in the Lincoln Avenue
Added Area (excluding as set forth above the Added Area Exempt Properties) will
expire on June 27, 2017. Such time limitation may be extended only by amendment of
the Merged Redevelopment Plan unless otherwise provided by the CRL or other
applicable law.
(3) With respect to the LART Component Area, as set forth in the
Merged Redevelopment Plan eminent domain may be used by the Agency to acquire
real property in the LART Component Area. The Agency's authority to use eminent
domain to acquire real property in the LART Component Area will expire on September
10, 2013. Such time limitation may be extended only by amendment of the Merged
Redevelopment Plan unless otherwise provided by the CRL or other applicable law.
D. As set forth in the Merged Redevelopment Plan, unless otherwise
authorized by the CRL the Agency shall not acquire, including by eminent domain, 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: (1) such building
requires structural alteration, improvement, modernization, or rehabilitation; or (2) the
site or lot on which the building is situated requires modification in size, shape, or use;
or (3) it is necessary to impose upon such property any of the standards, restrictions,
and controls of the Merged Redevelopment Plan and the owner fails or refuses to
participate in the Merged Redevelopment Plan by executing an Owner Participation
Agreement.
E. As set forth in the Merged Redevelopment Plan, the Agency is authorized
to acquire real property by eminent domain that is devoted to public use, but unless
otherwise authorized by the CRL the property of a public body shall not be acquired
without the consent of that public body.
F. Nothing in this Ordinance is intended to, or shall, act to limit or extend the
authority of the Agency or the City as may be provided in the Merged Redevelopment
Plan or the CRL or other applicable law or regulation.
G. Except as may otherwise be provided in the CRL or other applicable law,
the Agency's program to acquire real property by eminent domain as set forth in this
Ordinance may be changed only by amending the Merged Redevelopment Plan
pursuant to the CRL.
Section 3. Adoption of Ordinance Exempt from the California Environmental
Quality Act. The City Council finds and determines that the adoption of this Ordinance
is exempt from the requirements of the California Environmental Quality Act ( "CEQA ")
pursuant to State CEQA Guidelines Section 15061(b)(3) [14 C.C.R. § 15061(b)(3)]
which sets forth the rule that "CEQA" applies only to projects which have the potential
for causing a significant effect on the environment. Where it can be seen with certainty
that there is no possibility that the activity in question may have a significant effect on
the environment, the activity is not subject to CEQA." This Ordinance restates existing
Merged Redevelopment Plan descriptions and does not cause or implement any
specific application or project.
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Section 4. Severability. If any section, subsection, subdivision, sentence,
clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid by a
final judgment of a court of competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this Ordinance. The City Council hereby declares
that it would have adopted this Ordinance and each, section subdivision, sentence,
clause, phrase, or portion of this Ordinance irrespective of the fact that one or more
sections, subdivisions, sentences, clauses, phrases, or portions of this Ordinance be
declared invalid.
Section 5. Ordinance Not To Be Codified. This Ordinance shall not be
codified in the Cypress Municipal Code but shall be an uncodified ordinance.
Section 6. Publication. The City Clerk shall certify to the passage of this
Ordinance and shall cause the same to be published as required by law.
FIRST READING at a regular meeting of the City Council of said City held on the
23rd day of April, 2007 and finally adopted and ordered posted at a regular meeting held on
the 14th day of May, 2007.
ATTEST:
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CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
MAYOR OF THE CITY OF CYPRESS
I, DENISE BASHAM, City Clerk of the City of Cypress, DO HEREBY CERTIFY that
the foregoing Ordinance was duly adopted at a regular meeting of said City Council held
on the 14th day of May, 2007, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bailey, Mills, Narain, Seymore and Luebben
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
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CITY CLERK OF THE CITY OF CYPRESS