Resolution No. 5957128
RESOLUTION NO. 5957
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
CONSENTING TO THE INCREASED PAYMENT BY THE CYPRESS
REDEVELOPMENT AGENCY TOWARD THE COST OF THE INSTALLATION AND
CONSTRUCTION OF PUBLICLY OWNED IMPROVEMENTS TO THE CYPRESS
COMMUNITY CENTER
WHEREAS, the Cypress Redevelopment Agency ( "Agency ") is a public body,
corporate and politic, organized and existing under the California Community
Redevelopment Law (Health & Safety Code § 33000 et seq.); and
WHEREAS, the Agency and the City Council of the City of Cypress ( "City" or
"City Council," as appropriate), in accordance with all applicable law, previously adopted
the Redevelopment Plan for the Cypress Merged Redevelopment Project Area
( "Merged Project Area "); and
WHEREAS, the Merged Project Area consisted of three Constituent Project
Areas previously established, the Civic Center Redevelopment Project Area, the Lincoln
Avenue Redevelopment Project Area, and the Los Alamitos Race Track and Golf
Course Redevelopment Project Area (collectively, the "Constituent Project Areas "); and
WHEREAS, the California Community Redevelopment Law, at Health and Safety
Code Section 33445 requires that before the Agency may pay for all or part of the value
of the land for, and the cost of the installation and construction of publicly owned
improvements, whether inside or outside a redevelopment project area, the Agency and
the City Council must each adopt a resolution making certain findings; and
WHEREAS, the California Community Redevelopment Law, at Health and Safety
Code Section 33679, further requires that if the publicly owned improvement to be
funded with Agency funds is a publicly owned building, and the Agency's funds for such
purpose are tax increment funds the Agency receives pursuant to Health and Safety
Code Section 33670, the Agency and City Council must, prior to adopting the
resolutions referred to in the preceding Recital, hold a duly noticed joint public hearing
in connection with the proposed use of Agency funds for such purpose and in
connection therewith have prepared a report summarizing (i) the estimated amounts of
such tax increment funds to be used for such purpose, (ii) the facts supporting the
findings required to be made pursuant to Health and Safety Code Section 33445 as
referred to in the previous Recital, and (iii) setting for the redevelopment purpose for
which such funds are being used to pay for such purpose (the "Summary Report "); and
WHEREAS, pursuant to the Summary Report prepared in connection therewith,
the Agency and City Council, on April 25, 2005, held a duly noticed joint public hearing
( "4/25/05 Joint Public Hearing ") on the matter of the use of Agency funds for payment
for the cost of the installation and construction of publicly owned improvements for the
Cypress Civic Center and the Cypress Community Center; and
WHEREAS, after consideration of the staff report and such other information,
testimony, and evidence as presented, and following the conclusion of the 4/25/05 Joint
Public Hearing, the City Council adopted Resolution No. 5839 making all of the required
findings and consenting to the Agency funding of an amount up to $1,500,000 for the
cost of installation and construction of publicly owned improvements to the Civic Center,
and an amount up to $3,500,000 for the cost of publicly owned improvements to the
Community Center; and
WHEREAS, due to the increased costs associated with the installation and
construction of publicly owned improvements to the Community Center, the City and
Agency proposed to increase the Agency's funding of the Community Center
improvements by $1,703,000, i.e., from the previously approved amount of $3,500,000
to a new amount not to exceed $5,203,000; and
WHEREAS, because the City and Agency are proposing to increase the Agency
funding amount, the Agency prepared Amendment No. 1 to the Summary Report which
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was duly and timely prepared and made available for public review, inspection, and
copying in compliance with Health and Safety Code Section 33679; and
WHEREAS, the Agency and City Council, in compliance with Health and Safety
Code Section 33679, duly noticed a joint public hearing on the matter of the proposed
increased Agency funding amount for the cost of the installation and construction of
publicly owned improvements for the Cypress Community Center; and
WHEREAS, on June 26, 2006, the Agency and City Council held its duly noticed
joint public hearing ( "6/26/06 Joint Public Hearing ") on the matter of the Agency's
increased funding amount for the cost of the installation and construction of publicly
owned improvements for the Cypress Community Center; and
WHEREAS, at the 6/26/06 Joint Public Hearing, the Agency and City Council
received and considered the staff report and such other information, testimony, and
evidence as presented;
NOW, THEREFORE, be it resolved by the City Council of the City of Cypress as
follows:
Section 1. The foregoing Recitals are true and correct and incorporated
herein.
Section 2. The City Council finds and determines as follows:
A. That the increase of $1,703,000 in the Agency funding amount for a total
amount not to exceed $5,203,000, for the cost of installation and construction of
Community Center improvements is of benefit to the Merged Project Area, in that the
Community Center is the only building of its kind in the City and serves the Merged
Project Area, and the City as a whole, by providing a facility for community functions,
including functions directly benefiting the Merged Project Area and the residents
residing therein, such as community meetings and cultural arts events.
B. That no other reasonable means of financing the increased Agency
funding amount for the portion of the Community Center improvements to be funded by
the Agency are available to the community other than Agency funding, in that (i) City
general funds are already committed to expenditures for necessary police, fire, and
other public safety purposes, recreational purposes, administrative and operations and
maintenance purposes, and other previously identified capital improvements; and (ii)
City funds are unavailable due to prior and current State financing needs which have
reduced available City revenues.
C. That the increased Agency funding identified herein will assist in
eliminating one or more blighting conditions inside the Merged Project Area, in that the
Merged Project Area suffers from a lack of public facilities to meet the needs of
residents. At the time each Constituent Project Area comprising the Merged Project
Area was created, each Constituent Project Area was determined to be a blighted area
for physical and economic reasons including inadequate public improvements. The
Community Center, which is the only facility of its kind in the community, is in need of
significant rehabilitation to address the level of service required to adequately serve the
Merged Project Area. Thus the increased Agency funding to assist in payment for the
Community Center improvements will alleviate the blighting influence of inadequate
public facilities inside the Merged Project Area by providing for an upgraded Community
Center facility to serve the Merged Project Area.
D. That the increased Agency's funding identified herein is consistent with
the Agency's adopted Implementation Plan 2005 -2009, in that upgrading of the
Community Center is a program specifically proposed in the Implementation Plan to
eliminate blighting conditions (Ch. 4, §4.A).
Section 3. The City Council hereby consents to the increase in Agency
funding of $1,703,000, for a total not to exceed $5,203,000 toward the cost of the
construction and installation of the Community Center improvements.
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Section 4. All actions required by applicable law to be taken by the City
Council precedent to the adoption of this Resolution have been taken in accordance
with applicable law.
Section 5. The City Council consents to the Agency's authority and direction
given to its Executive Director and authorized designees to take such other and further
actions, and sign such other and further documents, as is necessary and proper in order
to implement the Agency's payment. The City Council authorizes and directs the City
Manager and authorized designees to take such other and further actions, and sign
such other and further documents, as is necessary and property to implement this
Resolution on behalf of the City.
PASSED, APPROVED, AND ADOPTED this 26th day of June, 2006.
MAYOR
ATTEST:
OPT -w2, 1?) cuoP-,42-nY)
CITY CLERK OF THE CITY OF CYPRESS
CITY OF CYPRESS )
STATE OF CALIFORNIA )
.ss
HE CITY OF CYPRESS
I, DENISE BASHAM, Acting City Clerk of the City of Cypress, hereby certify that
the foregoing Resolution was duly adopted by the City Council of the City of Cypress at
a regular meeting thereof held on June 26, 2006, by the following vote:
AYES: 4 COUNCIL MEMBERS: McGill, Seymore, Luebben and Sondhi
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: McCoy
CITY CLERK OF THE CITY OF CYPRESS