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5751ORDINANCE NO. 5751 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND ADOPTING AMENDMENT NO.3 TO THE REDEVELOPMENT PLAN FOR THE RIVER VALLEY REDEVELOPMENT PROJECT WHEREAS, the City Council of the City of Anaheim (the "City") on November 29, 1983 by Ordinance No. 4463 (the "Original Ordinance") duly approved and adopted a Redevelopment Plan for the River Valley Redevelopment Project (the "Redevelopment Plan") and designated by such ordinance certain area (the "Project Area") as a redevelopment project area; and WHEREAS, the Redevelopment Plan was amended by Ordinance No. 5091, duly adopted on January 23, 1990, which revised certain land use alternatives within the Redevelopment Plan, and by Ordinance No. 5467, duly adopted on December 13, 1994, which revised certain time limitations within the Redevelopment Plan in order to comply with certain amendments to the Community Redevelopment Law, California Health and Safety Code sections 33000 et seq. (the "Community Redevelopment Law") (collectively, Ordinance No. 5091 and Ordinance No. 5467 constitute the "Amending Ordinances"). WHEREAS, the City Council has received from the Anaheim Redevelopment Agency (the "Agency") proposed Amendment No. 3 to the Redevelopment Plan (the "Amendment No. 3"), a copy of which is on file with the City Clerk at the office of the City Clerk, City Hall, 200 South Anaheim Blvd., Anaheim, California, together with the Report to Council of the Agency on the Amendment No. 3 which includes a description and discussion of the proposed Amendment No. 3, which revises the Redevelopment Plan to ensure that the provisions of the Redevelopment Plan comply with the City's General Plan as required by Section 33331 of the Community Redevelopment Law; and WHEREAS, the City Council and the Agency held a joint public hearing on December 12, _ 2000, concerning the adoption of Amendment No. 3 in the City Council Chambers, City Hall, 200 South Anaheim Blvd., Anaheim, California (the "Joint Public Hearing"); and WHEREAS, notice of said hearing was duly and regularly published in a newspaper of general circulation in the City of Anaheim, once (1) a week for three (3) successive weeks prior to the date of the Joint Public Hearing and a copy of said notice and affidavit of publication are on file with the City Clerk of the City of Anaheim and Clerk of the Agency; and WHEREAS, copies of the notice of joint public hearing were mailed via first-class mail to the last known address of each addressee, as shown on the last equalized assessment roll of the County of Orange, of each parcel of land in the Project Area; and WHEREAS, copies of the notice of joint public hearing were mailed via certified mail with return receipt requested to the governing body of each taxing agency which receives taxes from property in the Project Area; and WHEREAS, the Agency and the City Council have each independently found that Amendment No. 3 will have no significant effects on the environment; and WHEREAS, the City Council has considered the Report to Council and recommendations of the Redevelopment and Housing Commission, the report of the Agency, Amendment No. 3, and has F'.\DOCS\DEVS VCS\RESOLUTNTCROR30D. DOC provided an opportunity for all persons to be heard and has received and considered all evidence and testimony presented for or against any and all aspects of the proposed Amendment No. 3; and WHEREAS, there were no written objections by any affected property owner or taxing entity filed with the City Clerk before the hour set for such Joint Public Hearing; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: Section 1: That the purpose and intent of the City Council with respect to the Project Area is to amend the Redevelopment Plan to conform to the City's General Plan, as amended from time to time, in order to allow the Agency to continue to undertake steps and projects to eliminate blight and blighting conditions and achieve its goals and objectives within the Project Area as set forth in the Redevelopment Plan. Section 2: The City Council hereby finds and determines, based on evidence in the record, including, without limitation, the Agency's Report to Council on proposed Amendment No. 3, and all documents referenced therein, and evidence and testimony received at the Joint Public Hearing, and all evidence and testimony received at the joint public hearing on the adoption of the original ordinance approving the Redevelopment Plan and the ordinances amending the Redevelopment Plan, that: a. The subject area was determined to be a blighted area upon adoption of the Original Ordinance and the Amending Ordinances, to the extent required in connection therewith, the redevelopment of which is necessary to effectuate the public purposes declared in the California Community Redevelopment Law. b. Amendment No. 3 will allow continued redevelopment to occur within the Project Area in conformity with the Community Redevelopment Law and in the interests of the public peace, health, safety and welfare. This finding is based in part on the fact that Amendment No. 3 ensures that the Redevelopment Plan conforms to the City's General Plan as required by Section 33331 of the Community Redevelopment Law. C. The adopting and carrying out of Amendment No. 3 is economically sound and feasible. This finding is based in part on the fact that Amendment No. 3 does not alter the potential financing resources previously approved by the City Council upon the adoption of the Original Ordinance and the Amending Ordinances and upon the fact that no other projects or revisions to the Redevelopment Plan are being proposed in connection with Amendment No. 3 which would affect the economic feasibility of the Redevelopment Plan. d. Amendment No. 3 conforms to the General Plan of the City of Anaheim, including, but not limited to, the City's housing element, 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. This finding is based on the fact that the amendment itself makes all provisions of the Redevelopment Plan subject to the General Plan and limits the authority of the Agency to actions which are consistent with the General Plan, as amended from time to time. e. The carrying out of Amendment No. 3 will promote the public peace, health, safety and welfare of the City of Anaheim and will effectuate the purposes and policy of the Community Redevelopment Law. Evidence supporting this finding includes the fact that redevelopment activities under the Redevelopment Plan as amended by Amendment No. 3 will be carried out in F:\DOCS\DEVSVCS\RESOLUTNURCROB30D.DOC conformance with the City's General Plan, thus ensuring that uniform development occurs throughout the City as a whole. f. Amendment No. 3 does not change the provisions of the existing Redevelopment Plan for the acquisition, including condemnation, of real property, and the determination made upon the adoption of the Original Ordinance and the Amending Ordinances, to the extent required in connection therewith, concerning the necessity of the power of eminent domain to the execution of the Redevelopment Plan. The City Council and the Agency have undertaken the steps necessary to ensure that adequate provisions have been made for payment for property to be acquired as provided by law. g. Amendment No. 3 does not change the provisions of the existing Redevelopment Plan regarding the relocation of persons displaced from the Project Area. Nonetheless, the Agency has a feasible method and plan for the relocation of families and persons who might be displaced temporarily or permanently from housing facilities in the Project Area. The Agency also has a feasible method and plan for the relocation of businesses. Evidence supporting this finding includes the fact that the Agency has adopted a plan for the relocation of families, persons and businesses displaced by Agency projects, and upon the fact that the Redevelopment Plan provides for relocation assistance according to law, including without limitation the provisions of Sections 7260 to 7276 of the California Government Code, and the fact that such assistance, including relocation payments, constitutes a feasible method for relocation. h. As set forth in Section 2, subsection g., above of this Ordinance, Amendment No. 3 does not alter the Redevelopment Plan in such a way as to cause displacement of persons or families from the Project Area, nor does Amendment No. 3 change the provisions of the existing Redevelopment Plan for the relocation of persons displaced from the Project Area. Nonetheless, the City Council reaffirms that there are or are being provided within the Project Area or within other areas not generally less desirable with regard to public utilities and public and commercial facilities and at rents or prices within the financial means of any families and persons who might be displaced from the Project Area, 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. No person or family will be required by the Agency to move from any dwelling unit until suitable replacement housing is available. i. Amendment No. 3 does not add additional territory to the boundaries of the Project Area, however, as previously determined by the City Council upon the adoption of the Original Ordinance and the Amending Ordinances, to the extent required in connection therewith, 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 the area pursuant to Section 33670 of the Community Redevelopment Law without other substantial justification for their inclusion. j. Amendment No. 3 does not alter the boundaries of the Project Area. Nonetheless, the inclusion 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 entire area of which they are a part, and any such area was not included solely for the purpose of obtaining the allocation of tax increment revenues from such area pursuant to Section 33670 of the Community Redevelopment Law without other substantial justification for its inclusion. Evidence supporting this finding includes the fact that as set forth in the Original Ordinance and the Amending Ordinances to the extent required in connection therewith, all properties within the Project Area boundaries were included because they were found to be blighted or because such properties were necessary either to F:\DOCS\DEVSVCS\RESOLUTN\RCROB30D.DOC accomplish the objectives and benefits of the Redevelopment Plan or because of the need to impose uniform requirements in Project Area as a whole. Thus, substantial justification other than obtaining the allocation of tax increment, existed for the inclusion of all the property within the Project Area. k. The elimination of blight and the redevelopment of the Project Area could not reasonably be expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency. Evidence supporting this finding includes the findings made by the City Council in the Original Ordinance and the Amending Ordinances to the extent required in connection therewith regarding the existence of blighting conditions in the Project Area and the inability of individual owners and developers to economically remove these blighting influences without substantial public assistance. 1. The requirement that a project area be predominantly urbanized as defined by subdivision (b) of Section 33320.1 of the Community Redevelopment Law is only applicable to a project area for which a final redevelopment plan is adopted on or after January 1, 1984, or to an area which is added to a project area by an amendment to a redevelopment plan, which amendment is adopted on or after January 1, 1984. The Plan was adopted in 1983 and thereafter no additional territory was added to the boundaries of the Project Area. Amendment No. 3 does not add any additional territory to the boundaries of the Project Area and thus it is not necessary to find that the Project Area is predominantly urbanized. in. Amendment No. 3 does not alter the time limitations or the limitation on the number of dollars to be allocated to the Agency that are contained in the Redevelopment Plan. Nonetheless, the limits contained within the Redevelopment Plan are 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. This finding is based upon the findings of the City Council made in connection with the Original Ordinance and the Amending Ordinances to the extent required therewith. Section 3: The City Council reaffirms that permanent housing facilities will be available within three (3) years from the time occupants of the Project Area, if any, are displaced, and that pending the development of such permanent facilities, there will be available to any such displaced occupants adequate temporary housing facilities at rents comparable to those in the City of Anaheim at the time of their displacement. No persons or families of low or moderate income shall be displaced from residence unless and until there are suitable housing units available and ready for occupancy by such displaced persons or families at rents comparable to those at the time of displacement. Such housing units shall be suitable to the needs of such displaced persons or families and dwellings. The Agency shall not displace any such persons or families until such housing units are available and ready for occupancy. Section 4: Any written objections to Amendment No. 3 filed with the City Clerk of the City of Anaheim before the hour set for public hearing and all oral objections presented to the City Council at the hearing having been considered are hereby overruled. Section 5: Proposed Amendment No. 3 to the Redevelopment Plan for the River Valley Redevelopment Project, the maps contained therein and such other reports as are incorporated therein by reference, a copy of which is on file in the Office of the City Clerk of the City of Anaheim, having been duly reviewed and considered, is hereby incorporated in this Ordinance by reference and made a part hereof, as is fully set forth at length herein and, the Redevelopment Plan with Amendment No. 3 so incorporated, is hereby designated and adopted as the official Redevelopment Plan for the River Valley Redevelopment Project. 4 F:\DOCS\DEVSVCS\RESOLUTN\RCROB30D.DOC Section 6: The City Clerk is hereby directed to send a certified copy of this Ordinance to the Agency whereupon the Agency is vested with the responsibility for carrying out Amendment No. 3 and implementation of the Redevelopment Plan as amended. Section 7: The City Clerk is hereby directed to record with the County Recorder of Orange County a legal description of the subject area within the Project Area and a statement that this Amendment No. 3 has been approved in conformity with the Community Redevelopment Law. Section S: The City Clerk is hereby directed to transmit a copy of the legal description and statement to be recorded by the City Clerk pursuant to Section 7 of this Ordinance, a copy of this Ordinance and a map or plat indicating the boundaries of the Project Area and the designation of the subject area, to the Auditor and Assessor of the County of Orange, 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 9: This Ordinance shall be in full force and effect thirty (30) days from and after the date of final passage. F:\DOCS\DEVSVCS\RESOLUTN\RCROB30D.DOC Section 10: If any part of this Ordinance or Amendment No. 3 which it approves is held to be invalid for any reason, such decision shall not affect the validity of the remaining portion of this Ordinance or of Amendment No. 3, and this City Council hereby declares it would have passed the remainder of this Ordinance or approved the remainder of the Amendment No. 3 if such invalid portion thereof had been deleted. ADOPTED this _19th day of December, 2000. t-<' 7 ayor of the City of A11 elm ATTEST: CityCity CleCity of Anaheim I hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the _ day of 2000, and thereafter at a regular meeting of said City Council held on the day of , 2000, was duly passed and adopted by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: City Clerk of the City of Anaheim F MOCS\DEVSVCS\RESOLUTN\RCROB30D.DOC STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5751 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 12th day of December, 2000, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 19th day of December, 2000, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: NOES: MAYOR/COUNCIL MEMBERS: ABSENT: MAYOR/COUNCIL MEMBERS: (SEAL) Kring, Tait, McCracken, Daly None Feldhaus CITY CLERk OF THE CITY OF ANAHEIM