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CDA Resolution 89-12COMMUNITY DEVELOPMENT AGENCY
RESOLUTION NO. 89- 12
A RESOLUTION OF THE COMMUNITY DEVELOPMENT AGENCY OF
THE CITY OF GILROY RECOMMENDING PROPOSED AMENDMENTS
TO THE GILROY COMMUNITY REDEVELOPMENT PLAN AND
AUTHORIZING STAFF TO TAKE ALL ACTIONS REQUIRED TO
PROCEED WITH SAID PLAN AMENDMENT
WHEREAS, by Ordinance No. 89-12 adopted July 5, 1989,
the City Council of the City of Gilroy adopted the Gilroy
Community Redevelopment Plan (the "Redevelopment Plan"); and
WHEREAS, the Agency has now determined that it can
effectively implement the purposes of the Redevelopment Plan
without the exercise of the limited power of eminent domain
currently existing in the Redevelopment Plan and desires to
remove all power of eminent domain from the Agency's authority
under the Redevelopment Plan; and
WHEREAS, Agency staff has prepared language for the
proposed amendments to the Redevelopment Plan, a copy of which
is attached hereto as Exhibit A, and by this reference
incorporated herein.
BE IT NOW THEREFORE RESOLVED THAT:
1. The Executive Director is hereby authorized and
directed to prepare the proposed amendments to the
Redevelopment Plan, generally as outlined in Exhibit A, with
such additions, deletions and modifications as the Executive
Director deems necessary, for ultimate submission to, and
consideration by, the City of Gilroy Planning Commission and
the City Council of the Gilroy.
2. The Executive Director is hereby authorized and
directed to prepare all supporting documents required by the
California Community Redevelopment Law (the "CRL") and the
California Environmental Quality Act ("CEQA") with regard to
the proposed amendments to the Redevelopment Plan and to take
all other actions required by the CRL, CEQA and other
applicable laws to proceed with the proposed amendments.
RESOLUTION NO. 89 - 12
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Passed and adopted this 30th day of October, 1989, by
the following vote:
AYES: AGENCYMEMBERS: HALE, KLOECKER, PALMERLEE and VALDEZ
NOES: AGENCYMEMBERS: None
ABSENT: AGENCYMEMBERS: GAGE, MUSSALLEM and HUGHAN.
ATTEST:
usanne S t ein-~-et z~
10/20/89
~B004B/B49702
RESOLUTION NO. 89 - 12
-2-
EXHIBIT A
PROPOSED MODIFICATIONS TO THE
GILROY COMMUNITY REDEVELOPMENT PLAN
It is proposed that the Gilroy Community Redevelop~nent
Plan, as adopted by Ordinance No. 89-12 dated July 5, 1989, be
revised as follows:
REVISION 01. Section V. "DEVELOPMENT TECHNIQUES TO ACHIEVE
PLAN OBJECTIVES", %5 is proposed to be revised in its entirety
to read as follows:
'75 .
Limited acquisition of real property without the
exercise of the Agency's power of eminent domain
which is prohibited under this Plan as expressly
provided in Section V.B,"
REVISION ~2. Section V.B, "Property Acquisition" is
proposed to be revised in its entirety to read as follows:
"B. Propert~_~cquisition
Acquisition of Real Property
The Agency may, but it is not required to, acquire or
obtain options to acquire any interest in real
property located in the Project Area by gift, devise,
exchange, purchase, or any other means authorized by
law for purposes of redevelopment, except that
under no circumstances shall the..._ AGenc~
exercise the power of eminent domain.
~e AGency has determined that it can achieve the
objectives of this Project without the exercise of
its power of eminent domain. Acquisition of real
property by the Agency, if any, shall be achieved by
cooperative negotiation between the owner of such
property and the Agency.
~qquisition of Persona~ Property Generally,
personal property shall not be acquired. However,
where necessary in the execution of this Plan, the
Agency is authorized to acq~ire personal property in
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the Project Area by any lawful means except thro~lgh
the exercise by the Agency of the power of eminent
domain."
REVISION ~3. Section V.A.3, "Participation By Owners and
Business Tenants -- Participation Agreements" is proposed to
be revised by deleting the last paragraph of %hat subsection
in its entirety and by revising the third paragraph of that
subsection to read as follows:
"In the event a participating property owner fails or
refuses to rehabilitate his or her property pursuant
to this Plan and/or an owner participation a~reemen%,
the Agency is authorized, but is not required, to
acquire the real property or any interest therein
which, if acquired, may be sold or leased for
rehabilitation or development in accordance with this
Plan; provided, however, that, as more fully set
forth in Section V.B. below, in no event shall the
A~ency exercise the power of eminent domain in
connection with such acquisition."
10/24/89
~032/B49702
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I hereby certify that the foregoing is a full,
true and correct copy of a resolution duly passed and adopted by
the Community Development Agency of the City of Gilroy, at a
meeting thereof, held on the 26th day of October , 19 89
(Seal)