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Ordinance No. 1067286 ORDINANCE NO. 1067 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AND ADOPTING AMENDMENTS TO THE REDEVELOPMENT PLANS FOR THE CIVIC CENTER, LINCOLN AVENUE, AND LOS ALAMITOS RACE TRACK AND GOLF COURSE REDEVELOPMENT PROJECT AREAS, MERGING THE PROJECT AREAS, AND ADOPTING AND APPROVING A MERGED, AMENDED, AND RESTATED REDEVELOPMENT PLAN FOR THE CYPRESS MERGED AND AMENDED REDEVELOPMENT PROJECT AREA WHEREAS, the Cypress Redevelopment Agency ( "Agency ") is a public body, corporate and politic, organized and existing under the Community Redevelopment Law of the State of California (Health & Safety Code §33000 et seq. ( "CRL "); and WHEREAS, the City of Cypress ( "City ") is a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, acting by and through the City Council of City ( "City Council "); and WHEREAS, the City Council, by Ordinance No. 692 adopted on July 19, 1982, adopted the Redevelopment Plan for the Civic Center Redevelopment Project Area, which plan is hereinafter referred to as the "Civic Center Original Area Plan;" and WHEREAS, the Civic Center Original Area Plan delineated a redevelopment project area hereinafter referred to as the "Civic Center Original Area;" and WHEREAS, the Civic Center Original Area Plan was amended by Ordinance No. 813 adopted on April 10, 1989, to add certain territory to the project (later developed as Sorrento Homes), and such amendment is hereinafter referred to as the "Civic Center Amendment Area Plan" and the territory delineated in such plan is hereinafter referred to as the "Civic Center Amendment Area;" and WHEREAS, the Civic Center Original Area Plan and the Civic Center Amendment Area Plan, collectively, were subsequently amended by (i) Ordinance No. 932 adopted on January 9, 1995, to establish certain time limitations as required by the adoption of Assembly Bill (AB) 1290; (ii) by Ordinance No. 1007 adopted on April 9, 2001, to extend the Agency's eminent domain authority for twelve (12) years within a limited, non - residential portion of the Civic Center Original Area and Civic Center Amendment Area ( "Civic Center Third Amendment "); (iii) by Ordinance No. 1044 adopted on November 10, 2003, pursuant to Senate Bill 211 to eliminate the time period in the Civic Center Original Area Plan to incur indebtedness so that the Agency may incur indebtedness with respect to the Civic Center Original Area until the expiration of the effectiveness of the Civic Center Original Area Plan, and to eliminate the time period in the Civic Center Amendment Area Plan to incur indebtedness so that the Agency may incur indebtedness with respect to the Civic Center Amendment Area until the expiration of the effectiveness of the Civic Center Amendment Area Plan; and (iv) by Ordinance No. 1056 adopted on April 26, 2004, pursuant to Senate Bill 1045 [as codified in the Health and Safety Code Section 33333.6 (e) (2) (c)], to extend by one year the duration of the effectiveness of the Civic Center Original Area Plan and the time limit to collect tax increment revenue from the Civic Center Original Area, and to extend by one year the duration of the effectiveness of the Civic Center Amendment Area Plan and the time limit to collect tax increment revenue from the Civic Center Amendment Area, in response to the shift of redevelopment funds to the Educational Revenue Augmentation Fund ( "ERAF ") in fiscal year 2003 -04 (all of the foregoing amendments described in this Recital, the "Subsequent Civic Center Amendments "); and 287 WHEREAS, the Civic Center Original Area Plan and the Civic Center Amendment Area Plan, as amended by the Subsequent Civic Center Amendments, is hereinafter collectively referred to as the "Civic Center Plan;" and WHEREAS, the City Council, by Ordinance No. 852 adopted on June 25, 1990, adopted the Redevelopment Plan for the Lincoln Avenue Redevelopment Project Area, referred to hereinafter as the "Lincoln Avenue Original Area Plan," and the area delineated in such plan is hereinafter referred to as the "Lincoln Avenue Original Area;" and WHEREAS, the Lincoln Avenue Original Area Plan was subsequently amended (i) by Ordinance No. 932 adopted on January 9, 1995, to establish certain time limitations required by the adoption of AB 1290; (ii) by Ordinance No. 1013 adopted on August 27, 2001, to extend the Agency's eminent domain authority for twelve (12) years, to amend the Land Use section of the Lincoln Avenue Original Area Plan to provide that land uses within the Lincoln Avenue Original Area shall be in conformity with the City's General Plan, as it then existed or was thereafter amended, and to adopt a new Amended and Restated Redevelopment Plan for the Lincoln Avenue Original Area (the foregoing the "Lincoln Avenue Second Amendment" or the "Lincoln Avenue Amended and Restated Plan "); and WHEREAS, the Lincoln Avenue Amended and Restated Plan was subsequently amended (i) by Ordinance No. 1045 adopted on November 10, 2003, pursuant to Senate Bill 211 to eliminate the time period for the Lincoln Avenue Original Area to incur indebtedness so that the Agency may incur indebtedness with respect to the Lincoln Avenue Original Area until the expiration of the effectiveness of the Lincoln Avenue Amended and Restated Plan; and (ii) by Ordinance No. 1056 adopted on April 26, 2004, pursuant to Senate Bill 1045, to extend by one year the duration of the effectiveness of the Lincoln Avenue Amended and Restated Plan and the time limit to collect tax increment revenue within the Lincoln Avenue Original Area, in response to the shift of redevelopment funds to ERAF in fiscal year 2003 -04 (all of the foregoing amendments described in this Recital, collectively, the "Subsequent Lincoln Avenue Amendments "); and WHEREAS, the Lincoln Avenue Amended and Restated Plan, as amended by the Subsequent Lincoln Avenue Amendments, is referred to hereinafter as the "Lincoln Avenue Plan;" and WHEREAS, the City Council, by Ordinance No. 851 adopted on June 18, 1990, adopted the Redevelopment Plan for the Los Alamitos Race Track and Golf Course ( "LART ") Redevelopment Project ( "LART Original Plan "), which plan delineated the LART Project Area ( "LART Area "); and WHEREAS, the LART Original Plan was subsequently amended (i) by Ordinance No. 932 adopted on January 9, 1995, to establish certain time limitations as required by adoption of AB 1290; (ii) by Ordinance No. 1014 adopted on September 10, 2001, to extend the Agency's eminent domain authority for twelve (12) years, to amend the Land Use section of the Redevelopment Plan to require that land uses within the Project Area conform with the City's General Plan, as it then existed or was thereafter amended, and to adopt a Amended and Restated Redevelopment Plan for the LART Area (the foregoing amendment referred to as the "LART Second Amendment" or the "LART Amended and Restated Plan "); and WHEREAS, the LART Amended and Restated Plan was subsequently amended (i) by Ordinance No. 1046 adopted on November 10, 2003, pursuant to Senate Bill 211, to eliminate the time period for the LART Area to incur indebtedness so that the Agency may incur indebtedness with respect to the LART Area until the expiration of the LART Amended and Restated Plan; and (ii) by Ordinance No. 1056, adopted on April 26, 2004, pursuant to Senate Bill 1045, 2 288 to extend by one year the effectiveness of the LART Amended and Restated Plan and to the time limit to collect tax increment from the LART Area in response to ERAF shift of fiscal year 2003 -04 (all of the foregoing amendments described in this Recital, collectively the "Subsequent LART Amendments "); and WHEREAS, the LART Amended and Restated Plan, as amended by the Subsequent LART Amendments, is hereinafter collectively referred to as the "LART Plan;" and WHEREAS, the Civic Center Plan, the Lincoln Avenue Plan, and the LART Plan are hereinafter referred to collectively as the "Existing Redevelopment Plans;" and WHEREAS, the Civic Center Original Area, the Civic Center Amendment Area, the Lincoln Avenue Original Area, and LART Area are hereinafter referred to collectively as the "Existing Project Areas;" and WHEREAS, the CRL permits the adoption of amendments to redevelopment plans; and WHEREAS, the Agency initiated proceedings to amend the Existing Redevelopment Plans to: (1) amend the Lincoln Avenue Plan to add approximately 17.74 acres to the Lincoln Avenue Project Area (the "Added Area "); (2) amend the Civic Center Plan, Lincoln Avenue Plan (as amended to include the Added Area), and the LART Plan to merge those plans for financial reasons pursuant to Health and Safety Code Section 33485 et seq. to create the Cypress Merged and Amended Redevelopment Project Area (hereinafter, the "Merged Project Area "); (3) update and expand the capital improvement projects list for each of the constituent Project Areas (and which for the Lincoln Avenue Project Area includes the Added Area) comprising the Merged Project Area; (4) update the Civic Center Original Area's and the Civic Center Amendment Area's land use map and exhibits; and (5) adopt a single, consolidated Merged, Amended and Restated Redevelopment Plan (hereinafter, the "Merged Plan ") to cover the Existing Project Areas and including the proposed Added Area, and which Merged Plan incorporates all of the amendments described in clauses (1) through (4) of this Recital [all of the foregoing in clauses (1) through (5) of this Recital, collectively, the "Amendments "]; and WHEREAS, to initiate the process to consider the component of the Amendments pertaining to adding the Added Area to the Lincoln Avenue Project Area, the City Council, on March 8, 2004, adopted Resolution No. 5743 that designated a survey area for study purposes and directed the City's Planning Agency to (i) determine from within the survey area the boundaries of the area proposed to be added to the Lincoln Avenue Project Area and to (ii) formulate a Preliminary Plan; and WHEREAS, on June 28, 2004, the City Council, acting in its capacity as the City's Planning Agency, selected specific designated parcels from within the boundaries of the survey area as the boundaries of the proposed Added Area and transmitted the formulated Preliminary Plan to the City Council for its l consideration and further action; and WHEREAS, on June 28, 2004, the City Council adopted Resolution No. 5778, and the Agency Board adopted Resolution No. CRA -113, approving the Preliminary Plan and authorizing the Agency staff to prepare the various required documents for the Amendments; and WHEREAS, on October 10, 2004, the City Council adopted Resolution No. 5796 finding and determining that formation of a Project Area Committee ( "PAC ") was not required for the Amendments under the criteria set forth in Health and Safety Code Section 33385.5; and 289 WHEREAS, on February 14, 2005, the Agency adopted Resolution No. CRA -115 approving and adopting a new single set of Owner Participation Rules covering the Existing Project Areas and proposed Added Area, and the Agency also adopted Resolution No. CRA -116 approving and adopting a new Method of Relocation applicable to the Existing Project Areas and proposed Added Area, so that Agency activities involving owner participation and relocation can be governed by uniform rules for all of the Existing Project Areas and the proposed Added Area; and WHEREAS, on February 28, 2005, the Agency adopted Resolution No. CRA -117 authorizing the circulation of the Draft Merged Plan, and promptly thereafter the Draft Merged Plan and the Preliminary Report prepared pursuant to Health and Safety Code Section 33344.5, was transmitted to the county auditor, assessor, tax collector, and all affected taxing agencies; and WHEREAS, on April 25, 2005, City Council adopted Resolution No. 5840 consenting to a joint public hearing with the Agency to be held on June 13, 2005, concerning the adoption of the Amendments; and WHEREAS, on April 25, 2005, the Agency adopted Resolution No, CRA - 119 consenting to a joint public hearing with the City Council to be held on June 13, 2005, concerning the adoption of the Amendments; and WHEREAS, on May 23, 2005 by Resolution No. 5855, the City Council acting in its capacity as the City's Planning Agency, found and determined that the Merged Plan is in conformity with the City of Cypress General Plan; and WHEREAS, notice of the Joint Public Hearing was duly and regularly given in accordance with the requirements of the CRL, including compliance with all requirements for notice by publication and by mailing; and WHEREAS, affidavits of the publication and mailing of the notice of the Joint Public Hearing are on file with the City Clerk of the City of Cypress; and WHEREAS, the Agency prepared the report concerning the Amendments required by the CRL, at Health and Safety Code Section 33352, said report known as the "Report to Council," and by adoption of Resolution No. CRA -120, adopted on June 13, 2005, transmitted the Report to Council, and the draft Merged Plan to the City Council in accordance with the requirements of the CRL; and WHEREAS, by adoption of Resolution No. 5863 on June 13, 2005, the City Council acknowledged receipt from the Agency of the Report to Council and the draft Merged Plan; and WHEREAS, pursuant to the CRL, at Health and Safety Code Section 33457.1, the Report to Council for the Amendments includes only the information and reports warranted by the Amendments; and WHEREAS, the Agency prepared a Program Environmental Impact Report (State Clearinghouse Number 2004081103) (the "EIR ") for the Amendments pursuant to the California Environmental Quality Act [Pub. Res. Code §21000 et seq. ( "CEQA ")], the State of California Guidelines for Implementation of the California Environmental Quality Act (Title 14, California Code of Regulations, §15000 et seq.), and the City's CEQA guidelines; and, WHEREAS, on June 13, 2005, the Agency and City Council held a duly noticed Joint Public Hearing on the proposed Amendments and the Final EIR prepared in connection therewith; and WHEREAS, at the Joint Public Hearing, the Agency and City Council considered all of the information, testimony, and evidence presented; and 4 290 WHEREAS, at the conclusion of the Joint Public Hearing, the Agency and City Council closed said hearing and then jointly deliberated on the matter of the certification of the EIR, adoption of other actions pertaining to the Amendments, and the adoption of this Ordinance approving and adopting the Amendments; and WHEREAS, on June 13, 2005, after concluding such deliberations, (i) the Agency adopted Resolution No. CRA -121 certifying the Final EIR; (ii) the City Council adopted Resolution No. 5864 certifying the Final EIR for the Amendments; (iii) the City Council adopted Resolution No. 5865 electing to receive the amounts set forth in Health and Safety Code Section 33607.5(b) as a statutory pass- through payment from the Agency for each fiscal year the Agency collects tax increment from the Added Area and electing to receive any increases in tax increment from the Added Area resulting from increases in the rate of tax imposed on behalf of the City in the Added Area; (iv) the Agency adopted Resolution No. CRA -122 finding that the use of tax increment allocated from the Merged Project Area for the purpose of increasing, improving, and preserving the community's supply of affordable housing to persons and families of low- or moderate - income, and very -low income households, outside the Merged Project Area, will be of benefit to the Merged Project Area; and (v) the City Council adopted Resolution No. 5866 also finding that the use of tax increment allocated from the Merged Project Area for the purpose of increasing, improving, and preserving the community's supply of affordable housing to persons and families of low- or moderate - income, and very-low income households, outside the Merged Project Area, will be of benefit to the Merged Project Area; and WHEREAS, all considerations and actions required to be taken precedent to the adoption of this Ordinance have been duly and regularly taken in accordance with applicable law; and WHEREAS, the CRL, at Health and Safety Code Section 33457.1, provides that this Ordinance need only contain those findings required by Health and Safety Code Section 33367 warranted by the proposed Amendments. NOW, THEREFORE, the City Council of the City of Cypress ORDAINS as follows: Section 1. The foregoing Recitals are true and correct and are incorporated herein and made a part hereof. Section 2. The purpose and intent of the City Council with respect to Amendments are to: a. Amend the Lincoln Avenue Plan to add the Added Area to the Lincoln Avenue Project Area to alleviate blight in the Added Area, promote effective redevelopment of the Merged Project Area in general and the Lincoln Avenue Project Area constituent area specifically, and for the purposes of increasing, improving, and preserving the supply of affordable housing in the community. b. Amend the Civic Center Plan, Lincoln Avenue Plan (as amended to include the Added Area), and LART Plan to merge the Civic Center Plan, Lincoln Avenue Plan (as amended to add the Added Area), and LART Plans for financial reasons pursuant to Health and Safety Code Section 33485 et seq. to create the Merged Project Area. c. Update and expand the capital improvement projects list for the Civic Center Original Area, Civic Center Amendment Area, Lincoln Avenue (Original and Added) Area, and LART Area, thereby enabling the Agency to identify and implement, in conjunction with the Agency's existing Implementation Plan 2005 -2009 for the Existing Project Areas and the Agency's Added Area Implementation Plan set forth in the Report to Council and adopted hereby, public improvement projects to benefit the Merged Project Area and community. 291 d. Update the Civic Center Original Area's and Civic Center Amendment Area's land use map and exhibits, so that the land uses authorized by the Merged Plan for the Civic Center portion of the Merged Project Area are consistent with the City's General Plan as currently existing or as hereinafter amended. e. Adopt the Merged Plan as a single consolidated redevelopment plan for the Civic Center, Lincoln Avenue (as amended to include the Added Area), and LART constituent areas, so as to consolidate the various plans into one plan document to provide consistency to, and ease the administration of, the implementation of redevelopment activities in the areas encompassed by the Merged Plan, and thereby enable the Agency to more effectively address and alleviate conditions of blight in the Merged Project Area, as such blight was found and determined for the Civic Center Original Area, Civic Center Amendment Area, Lincoln Avenue (Original) Area, and LART Area in the ordinances that adopted, respectively, the Civic Center Original Area Plan, the Civic Center Amendment Area Plan, Lincoln Avenue Plan, and LART Plan, and as found and determined in this Ordinance for the Added Area. Section 3. The City Council hereby finds and determines, based on substantial evidence in the record, including, but not limited to, the Report to Council and all documents referenced therein: a. The finding that the Civic Center Original Area portion of the Merged Project Area is a blighted area, the redevelopment of which is necessary to effectuate the purposes of the Community Redevelopment Law, was made in Ordinance No. 692 when the Civic Center Original Area Plan was adopted. The finding that the Civic Center Amendment Area portion of the Merged Project Area is a blighted area, the redevelopment of which is necessary to effectuate the purposes of the Community Redevelopment Law, was made in Ordinance No. 813 when the Civic Center Amendment Area Plan was adopted. The finding that the Lincoln Avenue (Original) Area portion of the Merged Project Area is a blighted area, the redevelopment of which is necessary to effectuate the purposes of the Community Redevelopment Law, was made in Ordinance No. 852 when the Lincoln Avenue Plan was adopted. The finding that the LART Area portion of the Merged Project Area is a blighted area, the redevelopment of which is necessary to effectuate the purposes of the Community Redevelopment Law, was made in Ordinance No. 851 when the LART Plan was adopted. The City Council finds and determines that (i) such findings set forth in Ordinance Nos. 692, 813, 852, and 851 are final and conclusive, (ii) such previously made findings remain valid and effective, and (iii) no further findings concerning the blight findings set forth in Ordinance Nos. 692, 813, 852, and 851 are required for the Amendments. b. The Added Area is a blighted area, the redevelopment of which is necessary to effectuate the public purposes declared in the CRL. The foregoing finding is based on substantial evidence in the record, including, but not limited to, the Report to Council and all documents referenced therein, including in particular, but without limitation, Section A of the Report to Council (Reasons for the Amendments and a Description of Proposed Projects And How Such Projects Will Improve or Alleviate Blight) and Section B of the Report to Council (Description of Blighting Conditions Present in the Proposed Added Area And The Need to Add the Added Area To Provide Low and Moderate Income Housing). c. The Amendments will allow continued redevelopment to occur within the Existing Project Areas portion of the Merged Project Area in conformity with the CRL and in the interests of the public health, safety and welfare. The foregoing finding is based on substantial evidence in the record, including, but not limited to, the Report to Council and all documents referenced therein. 6 292 d. The Amendments would redevelop the Added Area portion of the Merged Project Area in conformity with the CRL and in the interests of the public peace, health, safety, and welfare. The foregoing finding is based on substantial evidence in the record, including, but not limited to, the Report to Council and all documents referenced therein. e. The adoption and carrying out of the Amendments, as incorporated into and set forth in the Merged Plan, is economically sound and feasible based on substantial evidence in the record, including, but not limited to, the Report to Council and all documents referenced therein, including in particular, but without limitation, Section E of the Report to Council (Description of the Method of Financing and Economic Feasibility of the Plan). f. The Amendments, as incorporated into and set forth in the Merged Plan, conform to the City of Cypress General Plan including, but not limited to, the Housing Element thereof which substantially complies with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code. This finding is based on substantial evidence in the record, including, but not limited to, the Report to Council and all documents referenced therein, including in particular, but without limitation, Section H and Section J of the Report to Council referring to the finding of the City Council, acting in its capacity as the City's Planning Agency, as set forth in Resolution No. 5855, that the Amendments incorporated into and as set forth in the Merged Plan is in conformity with the City of Cypress General Plan. g. The adoption and carrying out of the Amendments, as incorporated into and set forth in the Merged Plan, will promote the public peace, health, safety, and welfare of the City of Cypress and will effectuate the purposes and policies of the CRL. This finding is based on substantial evidence in the record, including, but not limited to, the Report to Council, which confirms that the Amendments and Merged Plan will benefit the Merged Project Area and the constituent areas thereof, by continuing to provide the Agency with the necessary tools and financial resources to correct conditions of blight, and with respect to the Added Area, to enable commencement of redevelopment activities within the Added Area. h. The finding that the condemnation of real property is necessary to the execution of the Merged Plan, and that adequate provisions have been made for payment for property to be acquired as provided by law, was made: (1) with respect to the Civic Center (Original Area and Amendment Area) portion of the Merged Project Area, by adoption of the Civic Center Third Amendment by Ordinance No. 1007 adopted on April 9, 2001, (2) with respect to the Lincoln Avenue (Original) Area portion of the Merged Project Area, by adoption of the Lincoln Avenue Second Amendment by Ordinance No. 1013 adopted on August 27, 2001, which adopted the Lincoln Avenue Amended and Restated Plan; and (3) with respect to the LART Project Area by adoption of the LART Second Amendment by Ordinance No. 1014 adopted on September 10, 2001, which adopted the Amended and Restated LART Plan. The City Council finds and determines that (i) such findings set forth in Ordinance Nos. 1007, 1013, and 1014 are final and conclusive, (ii) such previously made findings remain valid and effective, (iii) the Amendments do not alter, affect, or amend the Agency's authority with respect to the condemnation of real property within the Civic Center (Original Area and Amendment Area), Lincoln Avenue (Original), and LART constituent areas of the Merged Project Area; and (iv) no further findings are required concerning the condemnation of real property with respect to the Merged Plan as it pertains to the Civic Center 293 Original Area, Civic Center Amendment Area, Lincoln Avenue (Original) Area, and LART Area portions of the Merged Project Area. i. The condemnation of real property, to the extent provided for in the Merged Plan as it pertains to the condemnation of real property in the Added Area, is necessary to the execution of the Amended and Restated Redevelopment Plan, and adequate provisions have been made for payment for property to be acquired as provided by law. This finding is based on substantial evidence in the record, including, but not limited to, the Report to Council and all documents referenced therein. j. The Agency has adopted a feasible method or plan for the relocation of families and persons displaced from Merged Project Area, if the Merged Plan should result in the temporary or permanent displacement of any occupants of housing facilities in Merged Project Area. This finding is based on (i) substantial evidence in the record, including, but not limited to, the Report to Council and all documents referenced therein, which includes the Method of Relocation which was approved and adopted by the Agency by Resolution No. CRA -117; and (ii) the requirement that the Agency comply with the State Relocation Law (Gov. Code §7260 et seq.), State Relocation Guidelines (25 C.C.R. §6000 et seq.), and the Agency's adopted Method of Relocation. k. There are or are being provided in the Merged Project Area, or in other areas not generally less desirable in regard to public utilities and public and commercial facilities, and at rents or prices within the financial means of the families and persons displaced from the Merged Project Area, if any, decent, safe, and sanitary dwellings equal in number to the number of and available to the displaced families and persons and reasonably accessible to their places of employment. This finding is based on (i) substantial evidence in the record, including, but not limited to, the Report to Council and all documents referenced therein, which includes the Method of Relocation adopted by the Agency by Resolution No. CRA -116, and (ii) the requirement that the Agency comply with the State Relocation Law (Gov. Code §7260 et seq.), State Relocation Guidelines (25 C.C.R. §6000 et seq.), and the Agency's adopted Method of Relocation. I. Families and persons shall not be displaced prior to the adoption of a relocation plan pursuant to California Health and Safety Code Sections 33411 and 33411.1, and dwelling units housing persons and families of low or moderate income, if any, shall not be removed or destroyed prior to the adoption of a replacement housing plan as statutorily required pursuant to California Health and Safety Code Sections 33334.5, 33413, and 33413.5, to the extent required thereunder. This finding is based on (i) substantial evidence in the record, including, but not limited to, the Report to Council and all documents referenced therein, which includes the Method of Relocation adopted by the Agency by Resolution No. CRA -116; (ii) the requirement that the Agency comply with the State Relocation Law (Gov. Code §7260 et seq.), State Relocation Guidelines (25 C.C.R. §6000 et seq.), and the Agency's adopted Method of Relocation; and (iii) the acknowledgment by Agency of the statutory requirements with respect to the preparation of relocation plans and replacement housing plans when applicable. m. The City Council finds and determines that the Amendments do not alter the boundaries of the Civic Center Original Area, Civic Center Amendment Area, Lincoln Avenue (Original) Area, or LART Area portions of the Merged Area, and therefore no finding or determination is required to be made with respect to the inclusion of noncontiguous areas with the Merged Plan as it pertains to the Civic Center (Original and Amendment Area), Lincoln Avenue (Original) Area, or LART Area. Moreover, with respect to the Civic Center Original Area and Civic Center Amendment Area, the City Council previously found and determined in Ordinance Nos. 692 and 813 that all noncontiguous areas of the Civic Center Original Area and Civic Center Amendment Area, respectively, were either blighted or necessary for effective redevelopment and 8 294 were not included for the purpose of obtaining the allocation of taxes from the respective area pursuant to Health and Safety Code Section 33670 without substantial justification for their inclusion. The City Council also previously found in Ordinance No. 852, that there were no noncontiguous areas in the Lincoln Avenue (Original) Area and therefore the City Council was not required to make the aforedescribed finding with respect to the Lincoln Avenue Plan. The City Council also previously found in Ordinance No. 851, that there were no noncontiguous areas in the LART Area and therefore the City Council was not required to make the aforedescribed finding with respect to the LART Plan. The City Council finds and determines that (i) the foregoing findings in Ordinances 692, 813, 852, and 851 are final and conclusive, (ii) such previously -made findings and determinations remain valid and effective, (iii) the Amendments do not require any redetermination of such findings, and (iv) no further finding or determination concerning the foregoing is required with respect to the Civic Center Original Area, Civic Center Amendment Area, Lincoln Avenue (Original) Area, or LART Area portions of the Merged Project Area. n. All noncontiguous areas of the Added Area are either blighted or necessary for effective redevelopment or are necessary for increasing, improving, and preserving the supply of affordable housing, and are not included for the purpose of obtaining the allocation of taxes from the Added Area pursuant to Health and Safety Code Section 33670 without substantial justification for their inclusion. This finding is based on substantial evidence in the record, including, but not limited to, the Report to Council and all documents referenced therein. o. The finding that inclusion of any lands, buildings, or improvements which are not detrimental to the public health, safety, or welfare is necessary for effective redevelopment of the Civic Center Original Area, Civic Center Amendment Area, Lincoln Avenue (Original) Area, and LART Area portions of the Merged Project Area, and that any area included in such areas is necessary for effective redevelopment and is not included for the purpose of obtaining the allocation of tax increment revenues from the particular area pursuant to Health and Safety Code Section 33670 without other substantial justification for its inclusion, were made in Ordinance Nos. 692, 813, 852, and 851 pertaining to, respectively, the Civic Center Original Area, Civic Center Amendment Area, Lincoln Avenue (Original) Area, and LART Area portions of the Merged Project Area. The City Council finds and determines that (i) the foregoing findings in Ordinances 692, 813, 852, and 851 are final and conclusive, (ii) such previously -made findings and determinations remain valid and effective, (iii) the Amendments do not require any redetermination of such findings, and (iv) no further finding or determination concerning the foregoing is required with respect to the Civic Center Original Area, Civic Center Amendment Area, Lincoln Avenue (Original) Area, or LART Area. p. The inclusion of any lands, buildings, or improvements within the Added Area which are not detrimental to the public health, safety, or welfare is necessary for effective redevelopment of the Added Area, and that any area included in the Added Area is necessary for effective redevelopment and is not included for the purpose of obtaining the allocation of tax increment revenues from the Added Area pursuant to Health and Safety Code Section 33670 without other substantial justification for its inclusion. This finding is based on substantial evidence in the record, including, but not limited to, the Report to Council including all documents referenced therein. q. The finding that the elimination of blight and the redevelopment of Civic Center Original Area, Civic Center Amendment Area, Lincoln Avenue (Original) Area, and LART Area portions of the Merged Project Area could not be reasonably expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency was made in Ordinance Nos. 692, 813, 852, and 851 pertaining to, respectively, the Civic Center Original Area, Civic Center Amendment Area, Lincoln Avenue (Original) Area, and LART Area portions of the Merged Project Area. The City Council 295 finds and determines that (i) the foregoing findings in Ordinances Nos. 692, 813, 852, and 851 are final and conclusive, (ii) such previously -made findings and determinations remain valid and effective, (iii) the Amendments do not require any redetermination of such findings, and (iv) no further finding or determination concerning the foregoing is required with respect to the Civic Center Original Area, Civic Center Amendment Area, Lincoln Avenue (Original) Area, or LART Area portions of the Merged Project Area. r. The elimination of blight and the redevelopment of Added Area could not be reasonably expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency. This finding is based on substantial evidence in the record, including, but not limited to, the Report to Council and all documents referenced therein, including in particular, but without limitation, Section D of the Report to Council (Explanation of Why The Elimination of Blight Cannot Be Accomplished By Private Enterprise Acting Alone Or Through Other Financing Alternatives Other Than Tax Increment Financing — Added Area). s. A finding that the Civic Center Original Area, Civic Center Amendment Area, Lincoln Avenue (Original) Area, and LART Area portions of the Merged Project Area are "predominantly urbanized" areas, were made in Ordinance Nos. 692, 813, 852, and 851 pertaining to, respectively, the Civic Center Original Area, Civic Center Amendment Area, Lincoln Avenue (Original) Area, and LART Area portions of the Merged Project Area. The City Council finds and determines that (i) the foregoing findings in Ordinances Nos. 692, 813, 852, and 851 are final and conclusive, (ii) such previously -made findings and determinations remain valid and effective, (iii) the Amendments do not require any redetermination of such findings, and (iv) no further finding or determination concerning the foregoing is required with respect to the Civic Center Original Area, Civic Center Amendment Area, Lincoln Avenue (Original) Area, or LART Area portions of the Merged Project Area. t. The Added Area is "predominantly urbanized" as defined in the CRL. This finding is based on substantial evidence in the record, including, but not limited to, the Report to Council, including in particular, but without limitation, Section A of the Report to Council (Reason for the Amendments and subsection entitled The Proposed Added Area). u. The finding that the time limitations and, if applicable, the limitation on the number of dollars to be allocated to the Agency, that are contained in the Civic Center Plan, Lincoln Avenue Plan, and LART Plan are reasonably related to the proposed projects to be implemented in the foregoing constituent areas and to the ability of the Agency to eliminate blight within these constituent areas, if and to the extent required to be made with respect to such plans and constituent areas, were previously made in conjunction with the adoption of previous ordinances approving and adopting the Civic Center Plan, Lincoln Avenue Plan, and LART Plan. The Report to Council, including without limitation therein Section E (Description of the Method of Financing and Economic Feasibility of the Plan) confirms that no changes are being made to the time limitations or limitation on the number of dollars to be allocated to the Agency from the Civic Center Original Area, Civic Center Amendment Area, Lincoln Avenue (Original Area), and LART Area portions of the Merged Plan. The City Council finds and determines that (i) such findings and determinations set forth in the previously adopted ordinances pertaining to the foregoing listed plans and constituent areas, if and to the extent then required to have been made, are final and conclusive, (ii) such previously made findings and determinations, if and to the extent required to have been made, remain valid and effective, and (iii) no further finding or determination concerning the foregoing is required for the Amendments with respect to the Civic Center Original Area, Civic Center Amendment Area, Lincoln Avenue (Original Area), and LART Area portions of the Merged Project Area. 296 v. With respect to the Added Area, the time limitations contained in the Merged Plan applicable to the Added Area pursuant to the CRL, are reasonably related to the proposed projects to be implemented in the Added Area and to the ability of the Agency to alleviate blight in the Added Area, pursue effective redevelopment of the Added Area, or to provide for affordable housing. This finding is based on substantial evidence in the record, including, but not limited to, the Report to Council, and upon the further reason that the time limitations applicable to the Added Area set forth in the Merged Plan are consistent with and in compliance with the requirements of the CRL, including but not limited to Health and Safety Code Section 33333.2. w. With respect to the Added Area, the Merged Plan incorporates the Added Area into the tax increment allocation limitations currently applicable to the Lincoln Avenue (Original Area) constituent portion of the Merged Project Area, and thus the inclusion of the Added Area as part of the Lincoln Avenue Area component of the Merged Project Area, and the merger of the Project Areas, does not alter or amend the currently applicable tax increment allocation limitations with respect to Lincoln Avenue Project Area (Original Area and Added Area) component of the Merged Project Area. x. The merger of the Civic Center (Original Area and Amendment Area), Lincoln Avenue (Original Area and Added Area), and LART Areas for financial purposes pursuant to Health and Safety Code Section 33385 et seq. as set forth in the Merged Plan, is desirable because it will result in substantial benefit to the public and contribute to the revitalization of blighted areas through the increased economic vitality of the Merged Project Area and through increased and improved housing opportunities in or near the Merged Project Area. The taxes attributable to each of the constituent project areas comprising the Merged Project Area which are allocated to the Agency pursuant to Health and Safety Code Section 33670(b) shall be allocated to the entire Merged Project Area, except that any of such taxes attributable to any constituent projects areas shall first be used to pay indebtedness in compliance with terms of any bond resolution or agreement pledging such taxes from the constituent project areas, which resolution or other agreement was adopted or approved by the Agency prior to the merger effected by adoption of this Ordinance. The merger will allow the Agency to (i) cross - collateralize tax increment revenues from all the constituent areas comprising the Merged Project Area, (ii) utilize its financial resources within the Merged Project Area where needed and thus greatly enhance the Agency's ability to pursue meaningful redevelopment projects in the Merged Project Area, and (iii) streamline administrative and accounting duties and thereby more efficiently address financial and administrative requirements. The City Council further finds and determines that in accordance with Health and Safety Code Section 33486, the Agency timely notified the State of California Department of Housing and Community Development of the Agency's intention to merge its project areas, which notice occurred no later than thirty (30) days prior to adoption of this Ordinance. This finding is based on substantial evidence in the record, including, but not limited to, the Report to Council. Section 4. The City Council declares that it is satisfied that permanent housing facilities will be available within three (3) years from the time any residential occupants of the Merged Project Area are displaced, if any, and that pending the development of the facilities there will be available to the displaced housing occupants, if any, adequate temporary dwelling facilities at rents comparable to those in the City at the time of their displacement. This finding is based on (i) substantial evidence in the record, including, but not limited to, the Report to Council, which includes the Method of Relocation which was approved by the Agency by adoption of Resolution No. CRA -116; (ii) the requirement that the Agency comply with the State Relocation Law (Gov. Code §7260 et seq.), State Relocation Guidelines (25 C.C.R. §6000 et seq.), and the Agency's adopted Method of Relocation; and (iii) Agency compliance with Health and Safety Code Section 33411 and 33411.1, providing that families and persons shall not be displaced prior to the adoption of a relocation plan, and with Health 297 and Safety Code Sections 33334.5, 33413, and 33413.5, providing that dwelling units housing persons and families of low or moderate income, if any, shall not be removed or destroyed prior to the adoption of a replacement housing plan, to the extent required pursuant to such statutory provisions. Section 5. The Amendments as described in Section 2 of this Ordinance and as incorporated into and set forth in the Merged Plan for the Merged Project Area, and the Merged Plan in its entirety, is incorporated herein by this reference, and said Merged Plan is hereby approved as, and declared to be, the official redevelopment plan for the Cypress Merged and Amended Redevelopment Project Area, referred to herein as the Merged Project Area. Section 6. The Added Area Implementation Plan set forth as Section C in the Report to Council is hereby approved as the initial Implementation Plan for the Added Area. Section 7. In order to implement and facilitate the effectuation of the Amendments, the City Council hereby (a) pledges the cooperation of the City to help carry out the Merged Plan; (b) requests that the various officials, departments, boards and agencies of the City having administrative responsibilities in the Merged Project Area likewise cooperate to such end and exercise their respective functions and powers in a manner consistent with the redevelopment of the Merged Project Area; (c) stands ready to consider and take appropriate action upon proposals and measures designed to effectuate the Merged Plan, (d) declares its intention to undertake and complete any proceeding necessary to be carried out by the City under the provisions of the Merged Plan; and (e) authorizes and provides for the City of Cypress's expenditure of money to the extent provided for the in Merged Plan. Section 8. The Building Department of the City is hereby directed, for a period of two years from and after the effectiveness of this Ordinance, to advise all applicants for building permits for construction of buildings or other improvements on sites located within the Added Area that such site(s) is(are) within a redevelopment project area. Section 9. The City Clerk is hereby directed to send a certified copy of this Ordinance to the Agency, whereupon the Agency is vested with the responsibility for carrying out the Merged Plan. Section 10. The City Clerk is hereby directed to (i) record with the County Recorder of the County of Orange, a Statement of Proceedings identifying by recorded instrument number the previously recorded legal description of the Civic Center Original Area, Civic Center Amendment Area, Lincoln Avenue (Original) Area, and LART Area portions of the Merged Project Area, and attaching to such Statement a legal description of the Added Area, to provide notice that the Amendments have been approved in conformity with the CRL; and (ii) submit the documents described in Health and Safety Code Sections 33457 and 33375 to such officials as described in said sections within the time set forth in said sections. Section 11. This Ordinance shall take effect on the 31st day after adoption. Section 12. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance or the Amendments 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 or of the Amendments. The City Council hereby declares that it would have adopted this Ordinance and the Amendments and each section, subdivision, sentence, clause, phrase, or portion of this Ordinance and the Amendments, irrespective of the fact that one or more sections, subdivisions, sentences, clauses, phrases, or portions of this Ordinance or of the Amendments, as applicable, be declared invalid. 298 ■ Section 13. 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 thel3th day of June, 2005, and finally adopted and order posted at a regular meeting held on the 27th day of June, 2005. ATTEST: 6: CLER OF THE CITY OF CYPRESS MAYOR OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss I, JILL R. GUERTIN, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted at a regular meeting of the said City Council held on the 27th day of June, 2005, by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 0 ABSTAIN: 1 COUNCIL MEMBERS: Luebben, McCoy, Seymore and McGill COUNCIL MEMBERS: None COUNCIL MEMBERS: None COUNCIL MEMBERS: Sondhi CLERK OF THE CITY OF CYPRESS Mayor Pro Tem Sondhi did not participate in this action due to her ownership of property in proximity to the project area.