Ordinance No. 1056232
ORDINANCE NO. 1056
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING
THE REDEVELOPMENT PLANS FOR THE CIVIC CENTER REDEVELOPMENT
PROJECT, THE LOS ALAMITOS RACE TRACK AND GOLF COURSE
REDEVELOPMENT PROJECT, AND THE LINCOLN AVENUE REDEVELOPMENT
PROJECT, PURSUANT TO SENATE BILL 1045 AS CODIFIED IN HEALTH &
SAFETY CODE SECTION 33333.6(e)(2)(C)
WHEREAS, the City of Cypress (the "City ") is a charter city and municipal corporation
organized and existing under the Constitution and laws of the State of California; and
WHEREAS, the Cypress Redevelopment Agency (the "Agency ") is a public body,
corporate and politic, organized and existing under the California Community Redevelopment
Law, Division 24, Part 1 of the California Health and Safety Code (Health & Safety Code
§ 33000 et seq.) (the "CRL "); and
WHEREAS, the City Council of the City (the "City Council "), by adoption of Ordinance
No. 692 on July 19, 1982, approved and adopted the Redevelopment Plan for the Civic Center
Redevelopment Project (the "Original Civic Center Redevelopment Plan "); and
WHEREAS, the City Council, by adoption of Ordinance No. 813 on April 10, 1989,
approved and adopted the First Amendment to the Original Civic Center Redevelopment Plan;
and
WHEREAS, the City Council, by adoption of Ordinance No. 932 on January 9, 1995,
approved and adopted the Second Amendment to the Original Civic Center Redevelopment Plan;
and
WHEREAS, the City Council, by adoption of Ordinance No. 1007 on April 9, 2001,
approved and adopted the Third Amendment to Original Civic Center Redevelopment Plan; and
WHEREAS, the Original Civic Center Redevelopment Plan as amended by the First,
Second, and Third Amendments to the Original Civic Center Redevelopment Plan is hereinafter
referred to as the "Amended Civic Center Redevelopment Plan;" and
WHEREAS, the City Council, by adoption of Ordinance No. 1044 on November 10,
2003, approved and adopted an amendment to the Amended Civic Center Redevelopment Plan in
accordance with Senate Bill 211, as now codified in Health & Safety Code Section
33333.6(e)(2)(B) (the "Civic Center SB211 Amendment "); and
WHEREAS, the Amended Civic Center Redevelopment Plan as amended by the Civic
Center SB211 Amendment is hereinafter referred to as the "Civic Center Redevelopment Plan;"
and
WHEREAS, the City Council, by adoption of Ordinance No. 851 on June 18, 1990,
approved and adopted the Redevelopment Plan for the Los Alamitos Race Track and Golf
Course Redevelopment Project (the "Original LART Redevelopment Plan "); and
WHEREAS, the City Council, by adoption of Ordinance No. 932 on January 9, 1995,
approved and adopted the First Amendment to the Original LART Redevelopment Plan; and
WHEREAS, the City Council, by adoption of Ordinance No. 1014 on September 10,
2001, approved and adopted the Second Amendment to the Original LART Redevelopment Plan
in the form of an Amended and Restated Redevelopment Plan for the Los Alamitos Race Track
and Golf Course Redevelopment Project, which superseded the Original LART Redevelopment
Plan as amended by the First Amendment thereto (hereinafter, the "Amended/Restated LART
Redevelopment Plan "); and
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WHEREAS, the City Council, by adoption of Ordinance No. 1046 on November 10,
2003, approved and adopted an amendment to the Amended/Restated LART Redevelopment
Plan in accordance with Senate Bill 211, as now codified in Health & Safety Code Section
33333.6(e)(2)(B) (the "LART SB211 Amendment "); and
WHEREAS, the Amended/Restated LART Redevelopment Plan as amended by the
LART SB211 Amendment is hereinafter referred to as the "LART Redevelopment Plan;" and
WHEREAS, the City Council, by adoption of Ordinance 852 on June 25, 1990, approved
and adopted the Redevelopment Plan for the Lincoln Avenue Redevelopment Project (the
"Original Lincoln Avenue Redevelopment Plan "); and
WHEREAS, the City Council, by adoption of Ordinance No. 932 on January 9, 1995,
approved and adopted the First Amendment to the Original Lincoln Avenue Redevelopment
Plan; and
WHEREAS, the City Council, by adoption of Ordinance No. 1013 on August 27, 2001,
approved and adopted the Second Amendment to the Original Lincoln Avenue Redevelopment
Plan in the form of an Amended and Restated Redevelopment Plan for the Lincoln Avenue
Redevelopment Project, which superseded the Original Lincoln Avenue Redevelopment Plan as
amended by the First Amendment thereto (hereinafter, the "Amended/Restated Lincoln Avenue
Redevelopment Plan "); and
WHEREAS, the City Council, by adoption of Ordinance No. 1045 on November 10,
2003, approved and adopted an amendment to the Amended/Restated Lincoln Avenue
Redevelopment Plan in accordance with Senate Bill 211, as now codified in Health & Safety
Code Section 33333.6(e)(2)(B) (the "Lincoln Avenue SB211 Amendment "); and
WHEREAS, the Amended/Restated Lincoln Avenue Plan as amended by Lincoln
Avenue SB211 Amendment is hereinafter referred to as the "Lincoln Avenue Redevelopment
Plan;" and
WHEREAS, the Civic Center Redevelopment Plan, the LART Redevelopment Plan, and
the Lincoln Avenue Redevelopment Plan are collectively referred to hereinafter as the
"Redevelopment Plans;" and
WHEREAS, Senate Bill 1045, effective February 27, 2003, which is codified in pertinent
part in Health and Safety Code Section 33333.6(e)(2)(C), states: "When an agency is required to
make a payment pursuant to Section 33681.9, the legislative body may amend the redevelopment
plan to extend the time limits required pursuant to subdivisions (a) and (b) by one year by
adoption of an ordinance. In adopting an ordinance pursuant to this subparagraph, neither the
legislative body nor the agency is required to comply with [Health and Safety Code] Section
33354.6 or Article 12 (commencing with Section 33450) or any other provision of this part
relating to the amendment of redevelopment plans, including, but not limited to, the requirement
to make the payment to affected taxing entities required by [Health and Safety Code] Section
33607.7;" and
WHEREAS, the Agency is required to make the payment referred to in the previous
Recital and thus the Redevelopment Plans, and each of them, may each be amended pursuant to
the terms of Health & Safety Code Section 33333.6(e)(2)(C); and
WHEREAS, the City Council desires to implement the authority of Senate Bill 1045 by
amending the Redevelopment Plans, and each of them, in accordance with Senate Bill 1045 as
codified in Health and Safety Code Section 33333.6(e)(2)(C); and
WHEREAS, enactment of this Ordinance is exempt from the California Environmental
Quality Act (Pub. Res. Code §21000 et seq. ( "CEQA ") pursuant to terms of Health and Safety
Code Section 33333.6(e)(2)(C), and further pursuant to CEQA Guidelines Section 15378(b)(4)
(Title 14 CCR §15378(b)(4) because it is a fiscal activity which does not involve any
commitment to any specific project which may result in a potentially significant physical impact
on the environment; and
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WHEREAS, all legal prerequisites to the passage of this Ordinance have occurred and
been taken in accordance with applicable law;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS DOES
ORDAIN AS FOLLOWS:
SECTION 1. The Redevelopment Plans, and each of them, are hereby amended to
extend, by one year, (a) the currently existing time limit on the effectiveness of each of the
Redevelopment Plans; and (b) the currently existing time limit in each of the Redevelopment
Plans to repay indebtedness with the proceeds of property taxes received pursuant to Health and
Safety Code Section 33670.
SECTION 2. Except as amended hereby, each of the Redevelopment Plans shall remain
in full force and effect according to its respective terms.
SECTION 3. If any section, subsection, subdivision, sentence, clause, phrase, or portion
of this Ordinance, is, for any reason, held to be invalid or unconstitutional by the decision of any
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 or unconstitutional.
SECTION 4. The City Manager or authorized designee shall notify the appropriate
public entities of the adoption of this Ordinance.
SECTION 5. The City Clerk shall cause a certified copy of this Ordinance to be
transmitted to the Agency.
SECTION 6. The City Clerk shall certify to the passage of this Ordinance and shall
cause the same to be published as required by law.
FIRST READ at a regular meeting of the City Council of said City held on the 12th day
of April, 2004, and finally adopted and order posted at a regular meeting held on the 26th day of
April, 2004. c:.�``,�,, (131/19/---
ATTEST:
CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA_
COUNTY OF ORANGE
) SS
MAYOR OF THE CITY OF CYPRESS
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 26th
day of April, 2004, by the following roll call vote:
AYES: 5 COUNCILMEMBERS: McCoy, McGill, Sondhi, Piercy and Keenan
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: 0 COUNCILMEMBERS: None
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CLERK F THE CITY OF CYPRESS