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Ordinance No. 692- 260 ORDINANCE NO. 692 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AND ADOPTING A REDEVELOPMENT PLAN FOR THE CIVIC CENTER PROJECT AREA AS THE OFFICIAL REDEVELOPMENT PLAN FOR SAID PROJECT AREA. WHEREAS, the Cypress Redevelopment Agency (the "Agency ") has formulated, prepared, and approved a proposed Redevelopment Plan (the "Redevelopment Plan ") for the Civic Center Project Area (the "Project Area ") and has recommended that the City Council approve and adopt said Redevelopment Plan; and WHEREAS, this City Council acting as the Planning Commission of the City of Cypress has submitted its report and recommendation on the proposed Redevelop- ment Plan finding that the proposed Redevelopment Plan is in conformity with the General Plan of the City of Cypress; and WHEREAS, the Agency has adopted Rules Governing Participation and Reentry Preferences for Property Owners, Operators of Businesses, and Tenants within the Project Area; and WHEREAS, the Agency has adopted a Relocation Plan providing for the relo- cation of persons, families and businesses from the Project Area, the payment of relocation benefits and the giving of relocation assistance to such persons, families, and businesses; and WHEREAS, the Agency has submitted the proposed Redevelopment Plan and its Report thereon to the City Council, which Report contains, among other things, the Planning Commission's reports and recommendations, the Report of the County Fiscal Officer and response thereto by the Agency, and a description of the impacts of the proposed Redevelopment Plan on the Project Area; and WHEREAS, the Agency has consulted with the property owners and businesses within the Project Area and taxing agencies which levy taxes, or for which taxes are levied, on property in the Project Area; and WHEREAS, the Agency and this City Council have approved and adopted a Final EIR for the proposed Redevelopment Plan and have certified as to their review and consideration thereof in accordance with the California Environmental Quality Act of 1970 and the State and local guidelines and regulations adopted pursuant thereto; and WHEREAS, a joint public hearing has been fully noticed and held by the Agency and the City Council as required by law, all objections have been heard and passed upon by this City Council, the Agency and Council have received written and oral testimony concerning the proposed Redevelopment Plan and have duly considered all thereof and the proceedings for the adoption of the proposed Redevelopment Plan have been duly conducted and completed as provided by law. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The purposes and intent of this City Council with respect to the Project Area are: (a) To eliminate the conditions of blight existing in the Project Area. (b) To prevent recurrence of blighting conditions within the Project Area. (c) To provide for participation by owners and tenants and reentry preferences to persons engaged in business within the Project Area to participate in the redevelopment of said Project Area; to encourage and ensure the development of said Project Area in the manner set forth in the proposed Redevelopment Plan; and to provide for the relocation of any residents, businesses, and nonprofit corporations, if any, displaced by the effectuation of the proposed Redevelopment Plan. 261 (d) To improve and construct or provide for the construction of public facilities, roads, and other public improvements and to improve the quality of the environment in the Project Area to the benefit of said Project Area and the general public as a whole. (e) To encourage and foster the economic revitalization of the Project Area by protecting and promoting the sound development and redevelopment of the Project Area and by replanning, redesigning, or developing portions of the Project Area which are stagnant or improperly utilized because of the lack of adequate utilities and because of other causes. (f) To assist in the provision of housing for persons and families of all income levels, including low and moderate income persons and families in accordance with the proposed Redevelopment Plan and the needs of the community. Section 2. The proposed Redevelopment Plan is hereby approved, adopted, and designated as the official Redevelopment Plan for the Civic Center Project Area, and is incorporated herein by reference and made a part hereof as if fully set forth at length herein, three copies of which are hereby directed to be on file with the City Clerk. Section 3. The City Council hereby finds and determines that: (a) The Project Area is a blighted area, the redevelopment of which is necessary to effectuate the public purposes declared in the Community Redevelopment Law of the State of California and specifically that the Project Area is characterized by properties which suffer from economic dislocation, deterioration, or disuse because of one or more of the following factors: (1) economic dislocation, deterioration, or disuse resulting from faulty planning; (2) the subdividing and sale of lots of irregular form and shape and inadequate size for proper usefulness and development; (3) the laying out of lots in disregard of the contours and other topography or physical characteristics of the ground and surrounding conditions; (4) the existence of inadequate public improvements, public facilities, open spaces, and utilities which cannot be remedied by private or governmental action without redevelopment; (5) the prevalence of depreciated values, impaired investments and social and economic maladjustment; which conditions cause a reduction of, or lack of, proper utilization of the area to such an extent that it constitutes a serious physical, social or economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise acting alone. (b) The Redevelopment Plan will redevelop the Project Area in confor- mity with the Community Redevelopment Law of the State of California in the interests of the public peace, health, safety, and welfare. (c) The adoption and carrying out of the Redevelopment Plan is economically sound and feasible. (d) The Redevelopment Plan conforms to the General Plan of the City of Cypress. (e) The carrying out of the Redevelopment Plan will promote the public peace, health, safety, and welfare of the City of Cypress and will effectuate the purposes and policies of the Community Redevelopment Law. -. 2 - 262 ,q 1 (f) The condemnation of real property, as provided for in the Redevelopment Plan, is necessary to the execution of the Redevelopment Plan and adequate provisions have been made for payment for property to be acquired as provided by law. (g) The Agency has a feasible method and plan for the relocation of families and persons to be temporarily or permanently displaced from housing facilities in the Project Area. (h) There are or are being provided in the 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 Project Area, decent, safe and sanitary dwellings equal in number to the number of and available to such displaced families and persons and reasonably accessible to their places of employment. (i) All noncontiguous areas of the Project Area are either blighted or necessary for effective redevelopment and are not included for the purpose of obtaining the allocation of taxes from such area pursuant to Section 33670 without other substantial justification for their inclusion. (j) The provision of housing pursuant to Health & Safety Code Section 33334.2(g) outside of the Project Area will be of benefit to said Project Area. (k) Inclusion within the Project Area of any lands, buildings, or improvements which are not detrimental to the public health, safety, or welfare is necessary for the effective redevelopment of the area of which they are a part; any such area included is necessary for effective redevelopment and is not included for the purpose of obtaining the alloca- tion of tax increment revenues from such area pursuant to Section 33670 of the Community Redevelopment Law without other substantial justification for its inclusion. (1) The elimination of blight and the redevelopment of the Project Area cannot be reasonably expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency. Section 4. In order to implement and facilitate the effectuation of the Redevelopment Plan hereby approved and adopted, it is found and determined that certain official actions must be taken by the City Council with reference, among other things, to changes in zoning, the vacating and removal of the streets, alleys, and other public ways, the establishment of new street patterns, the location and relocation of sewer and water mains and other public facilities, and other public action, and accordingly, the City Council hereby: (a) Declares its intention to undertake and complete any proceedings necessary to be carried out by the City of Cypress under the provisions of the Redevelopment Plan; and (b) Requests the various officials, departments, boards, commissions, and agencies of the City of Cypress having administrative responsibilities with respect to the Project Area likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with the Redevelopment Plan. Section 5. The City Council is satisfied permanent housing facilities will be available within three (3) years from the time occupants of the Project Area are displaced and that pending the development of such facilities there will be available to such displaced occupants adequate temporary housing facilities at rents comparable to those in the City of Cypress at the time of their dis- placement. No persons or families of low and moderate income shall be displaced from residences unless and until there is a suitable housing unit available and ready for occupancy by such displaced person or family at rents comparable to - 3 - 263 those at the time of their displacement. Such housing units shall be suitable to the needs of such displaced persons or families and must be decent, safe, sanitary, and otherwise standard dwellings. The Agency shall not displace such person or family until such housing units are available and ready for occupancy. Section 6. The City Council is convinced that the effect of tax increment financing, as provided for in the Redevelopment Plan, will not cause a severe financial burden or detriment to any taxing agency deriving revenues from the Project Area. Section 7. The City Clerk is hereby directed to send a certified copy of this Ordinance to the Agency, and the Agency is hereby vested with the responsibility for carrying out the Redevelopment Plan, subject to the pro- visions of the Redevelopment Plan. Section 8. The City Clerk is hereby directed to record within thirty (30) days from the adoption of this Ordinance with the County Recorder of Orange County a description of the land within the Project Area and a statement that the proceedings for the redevelopment of the Project Area have been instituted under the California Redevelopment Law. The Agency is hereby directed to effectuate recordation in compliance with the provisions of Section 27295 of the Government Code to the extent possible. Section 9. The Building Department of the City of Cypress is hereby directed for a period of two (2) years after the effective date of this Ordinance to advise all applicants for building permits within the Project Area that the site for which a building permit is sought for the construction of buildings or for other improvements is within a redevelopment project area. Section 10. The City Clerk is hereby directed to transmit a copy of the description and statement recorded by the City pursuant to Section 8 of this Ordinance a copy of this Ordinance, and a map or plat indicating the boundaries of the Project Area to the Auditor Tax Assessor of Orange County, to the governing body of each of the taxing agencies which levies taxes upon any property in the Project Area, and to the State Board of Equalization. Section 11. The City Clerk is hereby authorized and directed to certify as to the passage of this Ordinance and to give notice thereof by causing copies of this Ordinance to be posted in three public places throughout the City. FIRST READ at a regular meeting of the City Council of said City held on the 12th day of July 1982, and finally adopted and ordered posted at an adjourned regular meeting held on the 19th day of July 1982. ATTEST: CITY CLERK OF T CITY QF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS MAYOR OF THE CITY OF CYPRESS I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted at an adjourned regular meeting of the said City Council held on the 19th day of July 1982; by the following roll call votes: AYES: 4 COUNCIL MEMBERS: Lacayo, Partin, Rowan, and Mullen NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Coronado % r CITY CLERK F THE CITY OF CYPRESS