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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 -1- 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 -1- 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 -2- 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)