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Ordinance No. 1014103 ORDINANCE NO. 1014 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADOPTING THE SECOND AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE LOS ALAMITOS RACE TRACK AND GOLF COURSE REDEVELOPMENT PROJECT AND THE AMENDED AND RESTATED PLAN PREPARED IN CONNECTION THEREWITH 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. 851 on June 18, 1990, approved and adopted the Redevelopment Plan for the Los Alamitos Race Track and Golf Course Redevelopment Project (the "Original Plan "); and WHEREAS, the City Council, by adoption of Ordinance No. 932 on January 9, 1995, approved and adopted the First Amendment to the Plan ( "First Amendment "); and WHEREAS, the Original Plan as amended by the First Amendment is hereinafter referred to as the Plan; and WHEREAS, the Agency and City Council have initiated proceedings for the adoption of the Second Amendment to the Plan (the "Second Amendment "); and WHEREAS, the Plan delineates the redevelopment project area for the Los Alamitos Race Track and Golf Course Project (the "Project Area "); and WHEREAS, the Second Amendment does not propose to modify the boundaries of the Project Area but rather proposes to amend the Plan to: (i) extend the Agency's eminent domain authority with respect to the Project Area for an additional twelve (12) year period, dating from the date of effectiveness of this Ordinance; (ii) amend the Land Use sections of the Plan to provide that permitted land uses within the Project Area shall conform to the City's General Plan as it exists today or as the General Plan may be amended in the future; and (iii) make certain other nonsubstantive revisions to the Plan; and WHEREAS, the Agency has prepared and presented the Second Amendment in the form of an Amended and Restated Redevelopment Plan for the Los Alamitos Race Track and Golf Course Redevelopment (the "Amended and Restated Plan ") which amends and restates the Original Plan by incorporating into an amended and restated Plan document the revisions to the Plan previously approved and adopted in the First Amendment and the revisions proposed by the Second Amendment; and WHEREAS, the City Council consented to hold a joint public hearing with the Agency with respect to the Second Amendment (in the form of the Amended and Restated Plan), at which hearing any and all persons having any objections to the Second Amendment, or the regularity of any prior proceedings concerning the Second Amendment, would be allowed to appear before the City Council and show cause why the Second Amendment should not be adopted; and WHEREAS, notice of the joint public hearing of the Agency and City Council with respect to the Second Amendment and the negative declaration prepared therefor was given in accordance with applicable law; and WHEREAS, the joint public hearing of the Agency and City Council was duly held on March 26, 2001; and 1 104 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 purpose and intent of the City Council with respect to the Second Amendment as set forth in the Amended and Restated Plan is to (i) extend the time limit for Agency's exercise of eminent domain authority with respect to the Project Area, thereby protecting and promoting the sound redevelopment of the Project Area and the general welfare of the inhabitants of the City by providing a method of property acquisition through the potential use of eminent domain in order for the Agency to be able to assemble parcels and redevelopment interest by insuring its ability to deliver property for redevelopment purposes; (ii) conform the permitted land uses under the Plan to the City's General Plan; and (iii) make certain nonsubstantive revisions to the Plan. SECTION 2. The City Council finds and determines that: a. All facts set forth in the above Recitals are true and correct. b. The City Council, in Ordinance No. 851, found and determined that the Project Area is a blighted area, the redevelopment of which is necessary to effectuate the public purposes declared in the CRL. The City Council finds and determines that (i) such finding and determination set forth in Ordinance No. 851 is final and, (ii) the Second Amendment does not add territory to the Project Area or make any other revisions to the Plan that affects this previously -made finding and determination, (iii) such previously made finding and determination remains valid and effective, and (iv) no further finding or determination concerning blight is required for the Second Amendment. c. The Plan, as amended by Second Amendment (as set forth in the Amended and Restated Plan), would redevelop the Project Area in conformity with the CRL and in the interests of the public peace, health, safety, and welfare. d. The adoption and carrying out of the Second Amendment (as set forth in the Amended and Restated Plan) is economically sound and feasible. e. The Second Amendment (as set forth in the Amended and Restated Plan) is consistent with and conforms to the General Plan of the City including but not limited to the Housing Element of the General Plan 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. f. The carrying out of the Second Amendment (as set forth in the Amended and Restated Plan) would promote the public peace, health, safety, and welfare of the City and would effectuate the purposes and policies of the CRL. g. The condemnation of real property, as provided for in the Plan as amended by the Second Amendment (as set forth in the Amended and Restated Plan), is necessary to the execution of the Amended and Restated Plan and adequate provisions have been made for payment for property to be acquired, if any, as provided by law. h. The City Council, in Ordinance No. 851, found and determined that the Agency adopted a feasible method and plan for the relocation of families and persons displaced from the Project Area, if the Plan should result in the temporary or permanent displacement of any occupants of housing facilities in the Project Area. The City Council finds and determines that (i) such finding and determination set forth in Ordinance No. 851 is final and conclusive; (ii) the Second Amendment does not add territory to the Project Area or make any other revisions to the Plan that affect this previously -made finding and determination, (iii) such previously -made finding and determination remains valid and effective, and (iv) no further finding or determination concerning the foregoing is required for the Second Amendment. i. The City Council, in Ordinance No. 851, found and determined that there are or are being provided in the Project Area, or in other areas not generally less desirable in regard to 105 public utilities and public and commercial facilities, and at rents or prices within the financial means of the families and persons displaced from the 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. The City Council finds and determines that (i) such finding and determination set forth in Ordinance No. 851 is final and conclusive; (ii) the Second Amendment does not add territory to the Project Area or make any other revisions to the Plan that affect this previously -made finding and determination, (iii) such previously -made finding and determination remains valid and effective, and (iv) no further finding or determination concerning the foregoing is required for the Second Amendment. j. 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 shall not be removed or destroyed prior to the adoption of a replacement housing plan pursuant to California Health and Safety Code Sections 33334.5, 33413, and 33413.5. k. The City Council, in Ordinance No. 851, found and determined that there are no noncontiguous areas of the Project Area and therefore the City Council is not required to make the finding set forth in Health and Safety Code Section 33367(d)(9). The City Council finds and determines that (i) such finding and determination set forth in Ordinance No. 851 is final and conclusive; (ii) the Second Amendment does not add territory to the Project Area or make any other revisions to the Plan that affect this previously -made finding and determination, (iii) such previously -made finding and determination remains valid and effective, and (iv) no further finding or determination concerning the foregoing is required for the Second Amendment. 1. The City Council, in Ordinance No. 851, found and determined that the 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 Project Area, and that any area included is necessary for effective redevelopment and is not included for the purpose of obtaining the allocation of tax increment revenues from the Project Area pursuant to Health and Safety Code Section 33670 without other substantial justification for its inclusion. The City Council finds and determines that (i) such finding and determination set forth in Ordinance No. 851 is final and conclusive; (ii) the Second Amendment does not add territory to the Project Area or make any other revisions to the Plan that affect this previously -made finding and determination, (iii) such previously -made finding and determination remains valid and effective, and (iv) no further finding or determination concerning the foregoing is required for the Second Amendment. m. The City Council, in Ordinance No. 851, found and determined that the elimination of blight and the redevelopment of the Project Area could not be reasonably expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency. The City Council finds and determines that (i) such finding and determination set forth in Ordinance No. 851 is final and conclusive; (ii) the Second Amendment does not add territory to the Project Area or make any other revisions to the Plan that affect this previously -made finding and determination, (iii) such previously -made finding and determination remains valid and effective, and (iv) no further finding or determination concerning the foregoing is required for the Second Amendment. n. At the time the City Council adopted Ordinance No. 851, the City Council was not required to find and determine that the Project Area was "predominantly urbanized" even though the Project Area was and remains "predominantly urbanized" as then - defined in the CRL. The City Council finds and determines that (i) the Second Amendment does not add territory to the Project Area or make any other revisions to the Plan that affect or require a determination as to the urbanization of the Project Area, and (ii) no further finding or determination concerning the foregoing is required for the Second Amendment. o. The time limitation on commencement of eminent domain proceedings contained in the Second Amendment as set forth in the Amended and Restated Plan is reasonably related to the proposed projects to be implemented in the Project Area and to the ability of the Agency to eliminate blight within the Project Area. The Second Amendment does not amend or affect any other time limitations or amend or affect the limitation on the number of dollars to be allocated to the Agency that are contained in the Amended and Restated Plan. 106 p. The City Council, in Ordinance No. 851, declared that it was satisfied that permanent housing facilities will be available within three (3) years from the time residential occupants of the 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. The City Council finds and determines that (i) such finding and determination set forth in Ordinance No. 851 is final and conclusive; (ii) the Second Amendment does not add territory to the Project Area or make any other revisions to the Plan that affect this previously -made finding and determination, (iii) such previously made finding and determination remains valid and effective, and (iv) no further finding or determination concerning the foregoing is required for the Second Amendment. q. The City Council, in Ordinance No. 851, found and determined that the effect of the tax increment financing as used to implement the Plan will not cause a significant financial burden or detriment on any taxing agency deriving revenues from the Project Area. The City Council finds and determines that (i) such finding and determination set forth in Ordinance No. 851 is final and conclusive; (ii) the Second Amendment does not add territory to the Project Area or make any other revisions to the Plan that affect this previously -made finding and determination, (iii) such previously made finding and determination remains valid and effective, (iv) no further finding or determination concerning the foregoing is required for the Second Amendment, and (v) this previously -made finding is no longer required by the CRL to be made with respect to adoption of redevelopment plans or plan amendments. SECTION 3 The City Council hereby approves and adopts the Second Amendment as set forth in the Amended and Restated Plan, a copy of which is on file with the City Clerk, and which Second Amendment as set forth in the Amended and Restated Plan is incorporated herein by reference, and the City Council designates the Amended and Restated Plan as the official redevelopment plan for the Los Alamitos Race Track and Golf Course Redevelopment Project. SECTION 4. The City Council hereby authorizes and provides for the City of Cypress's expenditure of money provided for the in Amended and Restated Plan. SECTION 5. The Agency is hereby vested with the responsibility for carrying out the Amended and Restated Plan in accordance with the provisions thereof and of applicable law. SECTION 6 The City Council hereby declares its intention to undertake and complete any proceedings necessary to be carried out by the City under the provisions of the Amended and Restated Plan. SECTION 7. The City Clerk shall comply with the applicable procedures of the CRL with respect to the transmission of a copy of this Ordinance to other public entities, if such be required. SECTION 8. 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 9. The City Clerk shall cause a certified copy of this Ordinance to be transmitted to the Agency. SECTION 10 The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law. 107 FIRST READING at a regular meeting of the City Council of said City held on the 27th day of August, 2001 and finally adopted and order posted at a regular meeting held on the 10t day of September, 2001. ATTEST: Alt' V I Y CLERK OF THE Y OF CYPRESS STATE OF CALIFORNIA COUNTY OF ORANGE ) SS MAYOR OF THE CITY OF CYPRESS I, JILL R. INGRAM - GUERTIN, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted at a regularly meeting of said City Council held on the 10th day of September 2001; by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Keenan, McCoy, Piercy, and McGill NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ABSTAIN: 1 COUNCIL MEMBERS: Sondhi (Mayor Pro Tem Sondhi did not participate in this action due to her ownership of property in proximity to the project area.)