Ordinance No. 931F57
ORDINANCE NO. 931
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CYPRESS AMENDING THE CIVIC CENTER REDEVELOPMENT PLAN,
AS AMENDED, THE LINCOLN AVENUE REDEVELOPMENT PLAN AND
THE LOS ALAMITOS RACE TRACK AND GOLF COURSE
REDEVELOPMENT PLAN TO ESTABLISH TIME LIMITATIONS
REQUIRED UNDER THE PROVISIONS OF CALIFORNIA HEALTH AND
SAFETY CODE SECTION 33333.6
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN AS FOLLOWS:
WHEREAS, on October 6, 1993, Governor Wilson signed into law AB 1290, the Community
Redevelopment Law Reform Act of 1993; and
WHEREAS, AB 1290 added new Health and Safety Code Section 33333.6 which requires this
Council to adopt by ordinance time limitations applicable to the Redevelopment Agency of the City of
Cypress ( "Agency ") redevelopment plans; and
WHEREAS, the time limitations referred to above include a time limitation on Agency's
establishment of loans, advances and indebtedness pursuant to Health and Safety Code subsections
33333.2(a)(2) or 33333.4(a)(2), which cannot exceed twenty (20) years from the adoption of the
subject redevelopment plan (or the addition of a new area to that plan) or January I, 2004, whichever is
later. Said time limitation does not prevent Agency from incurring certain prescribed debts related to
low and moderate income housing. Said limit shall not prevent agencies from refinancing, refunding,
or restructuring indebtedness after the time limit if the indebtedness is not increased and the time
during which the indebtedness is to be repaid does not exceed the date on which the indebtedness
would have been paid.; and
WHEREAS, the time limitations referred to above include a time limitation on the effectiveness
of a redevelopment plan which cannot exceed forty (40) years from the adoption of the plan or January
1, 2009, whichever is later; and
WHEREAS, the time limitations referred to above include, with some stated exceptions, a
limitation on Agency paying indebtedness or receiving tax increment pursuant to Health and Safety
Code Section 33670 pursuant to California Health and Safety Code Section 33670 so that the sane
may not occur after ten (10) years from the termination of the effectiveness of the subject
redevelopment plan; and
WHEREAS, on, April 11, 1989, the City Council adopted Ordinance No. 813 approving and
adopting the AMENDED REDEVELOPMENT PLAN FOR TI IE CIVIC CENTER PROJECT; and
WHEREAS, on June 18, 1990, the City Council adopted Ordinance No. 851 approving and
adopting the REDEVELOPMENT PLAN FOR THE Los ALAMITOS RACE TRACK AND GOLF COURSE
PROJECT; and
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WHEREAS, on July 25, 1990, the City Council adopted Ordinance No. 852 approving and
adopting the REDEVELOPMENT PLAN FOR TILE LINCOLN AVENUE PROJECT; and
WHEREAS, the purpose of this Ordinance is to establish the time limitations required in new
Health and Safety Code Section 33333.6 for all of the Agency's redevelopment plans; and
WHEREAS, Health and Safety Code subsection 33333.6(e) (2) provides that the limitations
established in this ordinance shall apply to the redevelopment plans as if the plans had been amended to
include those limitations; and
WHEREAS, Health and Safety Code subsection 33333.6(e) (2) further provides that neither
the City Council nor the Agency is required to comply with Article 12 (commencing with Section
33450) or any other provision of this part relating to the lengthy procedure for the amendment of its
redevelopment plans.; and
WHEREAS, Health and Safety Code Section 33333.6(e) states that when a redevelopment
plan adopted prior to January 1, 1994, contains all of the limitations required by this section and each of
the limitations does not exceed the applicable time limits established, the City Council must adopt by
ordinance on or before December 31, 1994, amending every redevelopment plan adopted prior to
January 1, 1994, to amend existing time limits that do not exceed the time limits established; and,
WHEREAS, the City Council will not be holding a second regularly scheduled meeting for the
month of December, because of upcoming holidays; therefore, an urgency arises to justify the adoption
of this ordinance so as to take effect immediately.
NOW THEREFORE, the City Council of the City of Cypress does ordain the redevelopment
plans to be amended as follows:
SECTION 1. Pursuant to California Health and Safety Code subsection 33333.6(a),
March 27, 2009, hereby is established as the latest date upon which Agency can establish loans,
advances and indebtedness for its AMENDED CIVIC CENTER PROJECT. Such time limitation shall not
prevent Agency from incurring debt to be paid from Agency's low and moderate housing fund or
establishing more debt in order to fulfill Agency's housing obligations under California Health and
Safety Code Section 33413. This limit shall not prevent the Agency from refinancing, refunding, or
restructuring indebtedness after the time limit if the indebtedness is not increased and the time during
which the indebtedness is to be repaid does not exceed the date on which the indebtedness would have
been paid.
SECTION 2. Pursuant to California Health and Safety Code subsection 33333.6(a),
June 26, 2010, hereby is established as the latest date upon which Agency can establish loans,
advances and indebtedness for its LINCOLN AVENUE PROJECT. Such time limitation shall not prevent
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Agency from incurring debt to be paid from Agency's low and moderate housing fund or establishing
more debt in order to fulfill Agency's housing obligations under California Health and Safety Code
Section 33413. This limit shall not prevent the Agency from refinancing, refunding, or restructuring
indebtedness after the time limit if the indebtedness is not increased and the time during which the
indebtedness is to be repaid does not exceed the date on which the indebtedness would have been paid.
SECTION 3. Pursuant to California Health and Safety Code subsection 33333.6(a),
June 25, 2010, hereby is established as the latest date upon which Agency can establish loans,
advances and indebtedness for its LoS ALAMITOS RACE. TRACK AND GOLF COURSE PROJECT. Such
time limitation shall not prevent Agency from incurring debt to be paid from Agency's low and
moderate housing fund or establishing more debt in order to fulfill Agency's housing obligations under
California Health and Safety Code Section 33413. This limit shall not prevent the Agency from
refinancing, refunding, or restructuring indebtedness after the time limit if the indebtedness is not
increased and the time during which the indebtedness is to be repaid does not exceed the date on which
the indebtedness would have been paid.
SECTION 4. Pursuant to California Health and Safety Code subsection 33333.6(b),
March 27, 2029, hereby is established as the date upon which the effectiveness of Agency's AMENDED
CIVIC CENTER PROJECT shall be deemed to be terminated. After termination, the Agency shall have no
authority to act pursuant to the redevelopment plan except to pay previously incurred indebtedness and
to enforce existing covenants, contracts, or other obligations.
SECTION 5. Pursuant to California Health and Safety Code subsection 33333.6(b),
June 26, 2030, hereby is established as the date upon which the effectiveness of Agency's LINCOLN
AVENUE PROJECT shall be deemed to be terminated. After termination, the Agency shall have no
authority to act pursuant to the redevelopment plan except to pay previously incurred indebtedness and
to enforce existing covenants, contracts, or other obligations.
SECTION 6. Pursuant to California Health and Safety Code subsection 33333.6(b),
June 25, 2030, hereby is established as the date upon which the effectiveness of Agency's Los
ALAMITOS RACE TRACK AND GOLF COURSE PROJECT shall be deemed to be terminated. After
termination, the Agency shall have no authority to act pursuant to the redevelopment plan except to pay
previously incurred indebtedness and to enforce existing covenants, contracts, or other obligations.
SECTION 7. Pursuant to California Health and Safety Code subsection 33333.6(c),
except as provided in California Health and Safety Code subsections 33333.6(g) and (h), March 27,
2039, hereby is established as the latest date on which Agency shall pay indebtedness related to its
activities in or receive property taxes pursuant to Section 32670 from its AMENDED CIVIC CENTER
PROJECT.
SECTION 8. Pursuant to California Health and Safety Code subsection 33333.6(c),
except as provided in California Health and Safety Code subsections 33333.6(g) and (h), June 26,
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2040, hereby is established as the date hereby established as the latest date on which Agency shall pay
indebtedness related to its activities in or receive property taxes pursuant to Section 32670 from its
LINCOLN AVENUE PROJECT.
SECTION 9. Pursuant to California Health and Safety Code subsection 33333.6(c),
except as provided in California Health and Safety Code subsections 33333.6(g) and (h), June 25,
2040, hereby is established as the date hereby established as the latest date on which Agency shall pay
indebtedness related to its activities in or receive property taxes pursuant to Section 32670 from its LOS
ALAMITOS RACE TRACK AND GOLF COURSE PROJECT.
SECTION 10. Any provisions of the City of Cypress, or appendices thereto, or any
other ordinances of the City inconsistent with the provisions of this ordinance, are hereby repealed.
SECTION 11. If any section, subsection, sentence, clause, or phrase 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 the ordinance. The
City Council hereby declares that it would have passed this ordinance and each section, subsection,
sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, or phrases be declared invalid or unconstitutional.
SECTION 12. This Ordinance is hereby declared to be an urgency measure pursuant
to Government Code Section 36937(b) and the Ordinance shall take effect immediately upon its
adoption.
SECTION 13. The City Clerk shall certify to the adoption of this Ordinance and cause
the same to be posted in the manner provided by law.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting
held on the 12th day of December , 1994.
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
MAYOR OF THE CITY OF CYPRESS
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360
38/
STATE OF CALIFORNIA) ss
COUNTY OF ORANGE )
I, DARRELL ESSEX, City Clerk of the City of Cypress, California, DO HEREBY CERTIFY that the
foregoing Ordinance was duly adopted at a regular meeting of the City Council of the City of Cypress,
held on the 12thday of December , 1994, by the following roll call vote:
AYES: 5
NOES: 0
ABSTAINED: 0
ABSENT: 0
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Bowman, Carroll, Jones,
Kerry and Age
None
None
None
•
CIT C CLERK F THE o TY OF CYPRESS
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