5918ORDINANCE NO. 5918
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AND ADOPTING THE FIRST AMENDMENT
TO THE REDEVELOPMENT PLAN FOR THE STADIUM
REDEVELOPMENT PROJECT
WHEREAS, the Anaheim Redevelopment Agency ("Agency") is a community
redevelopment agency organized and existing under the California Community Redevelopment
Law, Health and Safety Code Section 33000, et. seq., ("CRL") and has been authorized to
transact business and exercise the powers of a redevelopment agency pursuant to action of the
City Council of the City of Anaheim ("City Council"); and
WHEREAS, on August 9, 1994, by Ordinance No. 5442, the City Council approved and
adopted the Redevelopment Plan ("Existing Plan") for the Stadium Redevelopment Project
("Project Area"); and
WHEREAS, the ordinances adopting the Existing Plan, as amended (collectively, the
"Original Ordinances"), including the findings and determinations made by the City Council
therein are made part hereof by this reference; and
WHEREAS, the Agency is vested with the responsibility to carry out the Existing Plan;
and
WHEREAS, as a part of this amendment proceeding, the Agency desires to amend the
Existing Plan ("Amendment") to merge the Project Area with the Alpha, River Valley, Plaza,
West Anaheim Commercial Corridors, and Commercial/Industrial Redevelopment Projects
("Merged Project Area") to allow the combining of tax increment revenues from each and all of
these constituent project areas so that taxes attributable to each constituent project area which are
allocated to the Agency pursuant to CRL Section 33670(b) are allocated to the entire Merged
Project Area for the purpose of paying principal of, and interest on, indebtedness incurred by the
Agency to finance or refinance, in whole or in part, the Merged Project Area; except that any
such taxes attributable to any constituent project area shall first be used to pay indebtedness in
compliance with the terms of any bond resolution or other agreement pledging such taxes from
the constituent project area, which resolution or other agreement was adopted or approved by the
Agency prior to the merging of these projects; and except as otherwise noted above, tax
increment revenue attributed to each constituent project may be used for any lawful purpose in
any constituent project now within the Merged Project Area; and
WHEREAS, further, the Amendment (as well as the concurrent amendments to the other
constituent project areas) creating the Merged Project Area will best facilitate the revitalization
of blighted areas through economic vitality and increased and improved housing opportunities
pursuant to CRL Article 16, Section 33485, et seq.; and
WHEREAS, the City Council has received from the Agency the proposed Amendment, a
copy of which is on file at the office of the City Clerk, City Hall East, 200 S. Anaheim
Boulevard, Anaheim, California, 92805, together with the Agency's Report to the City Council
on the Amendment and Supplement to the Report to the City Council on the Amendment,
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including the reasons for the Amendment; proposed projects and programs; the proposed method
of financing the redevelopment of the Merged Project Area which includes the Project Area; the
report of the Planning Commission of the City with respect to the conformity of the Amendment
with the General Plan of the City of Anaheim ("General Plan"); a neighborhood impact report; a
summary of consultations with Project Area property owners, businesses and community
organizations; and a summary of consultations with affected taxing agencies; and
WHEREAS, a project area committee was not required to be formed in connection with
this Amendment because it does not affect the existing authority of the Agency to acquire, by
eminent domain, property on which a substantial number of low and moderate income persons
reside and because this Amendment does not contain additional public projects and does not
grant the Agency authority to fund or develop additional public projects that would displace a
substantial number of low and moderate income persons; and
WHEREAS, although this Amendment, and each of the proposed plan amendments
causing the merger, will be considered and adopted separately pursuant to the CRL to facilitate
their consideration this Amendment and each of the proposed plan amendments causing the
merger have been aggregated and presented together in a single joint public hearing; and
WHEREAS, the City Council and the Agency held a joint public hearing on May 11,
2004, on the adoption of the Amendment in the City Council Chambers, City Hall East, 200 S.
Anaheim Boulevard, Anaheim, California, 92805; and
WHEREAS, notice of said joint public hearing was duly and regularly published in a
newspaper of general circulation in the City, once a week for four successive weeks prior to the
date of such joint public hearing, and a copy of said notice was mailed, by first class mail, to
each last known assessee of each parcel and to all known residents and businesses located on
each parcel in the Project Area not less than thirty days prior to the date of commencement of the
joint public hearing and affidavits of such publication and such mailing are on file with the City
Clerk and the Agency; and
WHEREAS, copies of the notice of joint public hearing were mailed by certified mail
with return receipt requested to the governing body of each affected taxing agency which
receives taxes from property in the Project Area; and
WHEREAS, the Agency, in accordance with CRL Section 33488, has notified timely the
State of California — Department of Housing and Community Development of its intention to
merge the Project Area with the Alpha, River Valley, Commercial/Industrial, West Anaheim
Commercial Corridors, and Plaza Redevelopment Projects; and
WHEREAS, in conformity with the requirements of CRL Section 33490, the Agency has
previously adopted and has in place an implementation plan for the Existing Plan and each of the
constituent project areas ("Implementation Plan") that describes the redevelopment project areas,
the specific goals and objectives for the project areas, and the specific programs, including
potential projects and estimated expenditures proposed during the five (5) year term of such
Implementation Plan, and further, the Implementation Plan includes an explanation of how the
goals, objectives, programs, and expenditure will eliminate blight in the project area and
implement the affordable housing requirement of the CRL; and
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WHEREAS, the Implementation Plan in place is current for the applicable five year
period, and does not require amendment In connection with this Amendment or other merger
proceedings; and
WHEREAS, these proceedings for the merger of all existing project areas have
proceeded pursuant to and in conformity with CRL Section 33486 through the proposed
amendment of each affected redevelopment plan for each constituent project area as provided in
l,�i l-. ofi'1ZL Section 3450, e; s;:q.; al.ct
WHEREAS, Sociion 33457.1 of Article 12 provides that to the extent -'warranted by a
proposed amendment to a redeveloprlent plan, the reports and information required by Section
?3;� ; at -,d -).) will be prepared; and
Nv"HERE AS, Sect o;', z 5061 of the CTuiCehr:es for rhe California 1~.,iFvironmental Qualit ",
t,C SQA') !it e '_4, California �`odc of RegalationYs, Sections 150N 0., et -,eq. ('°("FQA
riro,lides 'flat after a p 'ell -ll nao i ",view = public age it y may deternrlire &a-, a
ex.e,npt frorti ;ne provls;ons of ('F('A. , �c
N81HI✓REAS, us to the proposed Amenomen':. The exemption :yet fortn in Sc-ti:-IYt
1506 h(b)(2) is applicable to this Ordnance arid yhe project appra,vo, hereby sfiates tl?,at
,ii1 G,:d ng tine Fxisting Pian so that it is rnerged with all other, existlr; p!opIdct areas to creatt: the
Project Area �s exempt pursuant to the ca'XgorKcal exernptiot� set oE-th in Section
<;' In that croauori of a goveri]mFnt funding mechanism of (3t.'1 Y aove,,rnme.sit fiscall
r^;-;i0lve any ornmitment to any sp clfic prgj : 'o ma,, resui,` In a
a,: i;iiti."s!?s�ity ;I niflee" It "ghvslcal imp .t t on %hp environ -mew., and
` !-r is the --av Jrena,rc ?. 'i;fltlf r
,I ,.h n -, a, 1,, Bled l ine couraty lel "ller the projec' is apprG►vod. and
'
`�i Hlti )illi_Ay, a prc',Ilr_"!?11al'i ;:11paGts w:—' �ti •;,''7dr,..0 in. Go➢:iylf='c;i:l(`ri
roposetl :nl :liln?�F?t, �'. Lf t'h '.v'1;, -aunt. slit rr;eruer of the r.w;st'ng Parr as of ,'idea,
1Ii c,thc existing ?rodeet ares. the L.x.elr pt on of Saction 15"�'78(1?t� a�pii.es, in that r
}:
.v4'.F';lln.,s z d
u v lln,'�l !Yt uri
?.' ng.. tret-'hanism or othel govt`:--iment Fiscal :inti T'%
uad.- said section aria exempt under- i ,t.s.�i and the CEQ,
Go
`A 0F_.REAS. the City C,oun-' ,I alas cuns,dtiry tie. "eport a; -,,d the
i-01'lrrissio't, the Rcnort tri lane �' ty t'it cif Lb'; Agency, the.A.rr<endmwnt to tl:e
r_ xis.:sly Plan, has proviacd an opportcc-Jv for alit persons to be heard. a*.d has received and
d,, Y.( --c and :es6--non Y 'prr;sentr y' c•r t: i' dgaltlst Irl', a -'?--i all ,:'ipG( tS of !.he
m.-ndrficnt a iii has niadc:' vritter. in(i?1i ?S '?� rtspt%':7te iii l;3Cll Wrll."'r? Ply .'€:i;C I; G►i anatfe4:tC.d'
plop�r` .. owner or laxln' entity_ , 1' any, ;:Icd v,t , fhtl _,Perl- bc,-fo3-e+ s da.,i -9 suc'ti joint.
=1Lar i,,g, and
�+HF:R►�', y°s afl actions required 'wy Iww h vc: tleen 44akcil Bey ai; <appropriatt J+1.illie
G, =es
NOAI-N', THEREFORE., 'I HE C'I'>r`Ii' COI..: (---]L OF THIK Cl:i-" OV Al`AH:?UM
I. OUS HEREBY, IFIND AND ORDAIN A,S 1'a"?LLOW:S,
a',i �• ' �t'C �1RE`-�-,� , . � �tii, :' �i4»3CG .ioc
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Section 1. The foregoing recitals are fully incorporated herein and made a substantive
part of this Ordinance.
Section 2. The City Council having considered the preliminary review of environmental
impacts prepared in connection with the proposed Amendment, including the record of these
proceedings and the above recitals, hereby finds and determines that Amendment to the
Redevelopment Plan for the Stadium Redevelopment Project is exempt from further
environmental review pursuant to Sections 15061(b)(2) and (3) and Section 15378(b)(4) of the
CEQA Guidelines.
Section 3. The City Clerk is hereby authorized to prepare and file a Notice of Exemption
with the Clerk for the County of Orange upon approval of the Amendment by the City Council.
Section 4. Based on the evidence in the record, including, but not limited to, the
Agency's Report to the City Council on the Amendment prepared in accordance with CRL
Section 33352, and all documents referenced therein, and evidence and testimony received at the
J oint. public hearing on adoption of the Amendment held on May 11, 2004, and the Original
Ordinances, the City Council hereby makes the following findings and determinations as
warranted by the Amendment:
a) The implementation of the Amendment (and the other amendments
causing the merger) will promote the public peace, health, safety and welfare of the City
of Anaheim and will effectuate the purposes and policies of the CRL. This finding is
based on the fact that the Amendment is and will be of substantial benefit to the
community and contribute to the revitalization of blighted areas through increased
economic vitality of such areas, and increased and improved housing opportunities, in
particular the financial benefits and feasibility of the Merged Project Area that will
accrue due to the merger.
b) The carrying out of the Amendment would promote the public peace,
health, safety and welfare of the City and would effectuate the purposes and policies of
the CRL. This finding is based on the fact that redevelopment will benefit the Project
Area and the Merged Project Area as a whole by correcting conditions of blight and by
coordinating public and private actions to stimulate development and improve the
economic and physical conditions of the Merged Project Area including the Project Area.
c) The adoption and carrying out of the Amendment is economically sound
and feasible. This finding is based on the fact that under the Existing Plan and the
Amendment the Agency will continue to be authorized to seek and utilize a variety of
potential financing resources, including property tax increment revenues; that the nature
and timing of public redevelopment assistance within the Project Area will continue to
depend upon the amount and availability of such financing resources, including tax
increment generated by new investment in the Merged Project Area; that under the
Existing Plan and the Amendment no public redevelopment activity can be undertaken
unless the Agency can demonstrate that it has adequate revenue to finance the activity;
and that the financing plan included within the Agency's Report to the City Council
prepared for the Amendment demonstrates that sufficient financial resources will be
available to carry out the implementation of the Existing Plan and will allow flexibility
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within the Merged Project Area in addressing the most pressing needs and respond to
market forces more effectively.
d) The Amendment is consistent with the General Plan, 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. This finding is based upon the General
Plan and the findings of the Planning Commission that the Amendment conforms to the
General Plan as set forth in its Resolution No. 2004-28.
C) The condemnation of real property may be necessary for the overall
execution of the Existing Plan. The Agency has eminent domain authority within the
Project Area and adequate provisions have been made for payment for property that may
be acquired as provided by law. This finding is based upon the facts set forth in the
Existing Plan and the Agency's Report(s) to the City Council prepared for the Existing
Plan, in particular that without eminent domain authority, the Agency's redevelopment
efforts may be impaired. This finding is further based on the fact that in connection with
the acquisition of property by the Agency, the Agency will comply with all applicable
provisions of the California Eminent Domain Law (Code of Civil Procedure Section
1230.010 et seq.), including provisions requiring the payment of just compensation.
f) 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 Merged Project Area. The Agency also has a feasible method and plan for
relocation of businesses. This finding is based upon the fact that in conjunction with the
adoption of the Original Ordinance, the Agency had prepared a method or plan for
relocation of families, persons and businesses that may be displaced by Agency projects.
The relocation plans prepared for the Project Area by the Existing Plan, and included
within the Report(s) to the City Council prepared for the Existing Plan provides for
relocation assistance within the Project Area according to law, and the fact that such
assistance, including relocation payments, constitutes a feasible method for relocation.
g) There are, or shall be provided, within the Merged 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 the 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 such displaced families and
persons and reasonably accessible to their places of employment. This finding is based
upon the provisions of the Existing Plan and Original Ordinance which require that
families and persons shall not be displaced prior to the adoption of a relocation plan
pursuant to CRL Sections 33411 and 33411.1, and that 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 CRL Sections 33334.5, 33413 and
33413.5.
Section 5. The City Council is satisfied that permanent housing facilities will be
available within three years from the time residential occupants of the Project Area, if any, are
displaced, and that pending the development of such facilities, there will be available to any such
F \Docs\DEVSVCS\RESOLUTN\RCR4430G.doc 5
displaced residential occupants temporary housing facilities at rents comparable to those in the
City at the time of their displacement. This finding is based upon the City Council's finding that
no persons or families of low and moderate income shall be displaced from residences 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 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.
Section 6. Written objections to the Amendment filed with the City Clerk before the
hour set for the hearing on the Amendment and all written and oral objections presented to the
City Council at the hearing having been considered and, in the case of written objections
received from Project Area property owners, occupants and affected taxing agencies having been
responded to in writing, all such objections are hereby overruled.
Section 7. The Existing Plan, as adopted by the Original Ordinance, is hereby amended
as set forth in the Amendment attached hereto as Exhibit A. As so amended, the Existing Plan is
hereby incorporated herein by reference. The Executive Director of the Agency is hereby
authorized to combine the Amendment attached hereto as Exhibit A with the Existing Plan
prepared for the Stadium Redevelopment Project, and when filed with the City Clerk and the
Secretary of the Agency, shall constitute the official Redevelopment Plan for the Stadium
Redevelopment Project.
Section 8. In order to implement and facilitate the effectuation of the Amendment
hereby approved, this City Council hereby: (a) pledges its cooperation in helping to carry out the
Amendment, (b) authorizes and directs the various officials, departments, boards, and agencies
of the City having administrative responsibilities in the Project Area likewise to cooperate to
such end and to exercise their respective functions and powers in a manner consistent with
redevelopment of the Project Area, (c) stands ready to consider and take appropriate action upon
proposals and measures designed to effectuate the Amendment, and (d) declares its intention to
undertake and complete any proceeding necessary to be carried out by the City under the
provisions of the Amendment.
Section 9. 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 the
Amendment.
Section 10. The City Clerk is hereby directed to record with the County Recorder of the
County of Orange a statement that proceedings for the redevelopment of the Project Area,
pursuant to the Amendment, have been instituted under the CRL.
Section 11. The City Clerk is hereby authorized and directed to certify to the passage of
this Ordinance and to cause the same or a summary thereof to be published in a newspaper of
general circulation, which is published and circulated in the City.
Section 12. If any part of this Ordinance or the Amendment 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 the Amendment, and this City Council hereby declares that it would have
passed the remainder of the Ordinance or approved the remainder of the Amendment if such
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V
invalid portion thereof had been deleted.
Section 13. This Ordinance shall be in full force and effect thirty (30) days after
adoption.
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7
Introduced and first read at a regular meeting of the City Council of the City of Anaheim
held the 11th day of May 2004, and thereafter PASSED AND ADOPTED at a regular
meeting of said City Council held the 25thday of May , 2004, by the following roll call
vote:
AYES:Mayor Curt Pringle Council Members, Tom Tait, Shirley McCracken, Richard Chavez
NOES: none
ABSENT: Council Member Bob Hernandez
ABSTAIN: none
CITY O AHEIM
6
By:
Ma
ATTEST:
SHERYLI,8CHROEDER, CITY CLERK
� f
By -
i Sheryll Schroed6�)
APPROVED AS TO FORM:
JACK L. WRTTR, C1 -TY ATTORNEY
RV1 .
_JbifWoatthead IV
Assistant City Attorney
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Ir 1 ,
EXHIBIT A
FIRST AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE STADIUM
REDEVELOPMENT PROJECT
FIRST AMENDMENT TO THE REDEVELOPMENT PLAN
FOR THE
STADIUM REDEVELOPMENT PROJECT
BACKGROUND
The Redevelopment Plan ("Redevelopment Plan") for the Stadium Redevelopment Project
("Project' or "Project Area") was adopted by the City Council of the City of Anaheim ("City
Council") on August 9, 1994 by Ordinance No. 5442. The Project Area is comprised of 150
acres and includes the Edison Field stadium facility and surrounding parking areas, which are
owned by the City of Anaheim. This Project Area was adopted as part of a disaster recovery
legislation outlined in the Community Redevelopment Law since the stadium facility sustained
structural damage as a result of the Northridge earthquake in 1994.
The Anaheim Redevelopment Agency ("Agency") is proposing the first amendment ("First
Amendment') to the Redevelopment Plan, the sole purpose of which is to merge the Project
Area with the Alpha Redevelopment Project, River Valley Redevelopment Project, Commercial/
Industrial Redevelopment Project, West Anaheim Commercial Corridors Redevelopment
Project, and the Plaza Redevelopment Project ("Merged Projects"). No amendment is proposed
to the fiscal or time limits or the boundaries of the Project Area. The fiscal and time limits in
effect and stated in the Redevelopment Plan, as amended, for the Project Area shall remain in
force and effect.
The Redevelopment Plan is hereby further amended to include a new Part XI to the
Redevelopment Plan to read as follows:
XI. [§1100] MERGER
Upon the effective date of the ordinance adopting the First Amendment to this
Redevelopment Plan, and provided ordinances become effective amending the Redevelopment
Plans for the Merged Projects, the Stadium Redevelopment Project will hereby be merged with
the Alpha Redevelopment Project, River Valley Redevelopment Project, Commercial/Industrial
Redevelopment Project, West Anaheim Commercial Corridors Redevelopment Project, and the
Plaza Redevelopment Project, collectively referred to as the "Merged Redevelopment Projects".
PA0402013A NA CK. gbd
10021.003.001102126!04
'T*
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA. )
ss.
County of Orange )
I am a citizen of the United States and a resivt
of the County aforesaid; I am over the age of
eighteen years. and not a party to or interested in
the abo).e-entitled matter. 1 am the principal
clerk of the Anaheim Bulletin, a newspaper that
has been adjudged to be a newspaper of general
circulation by the Superior Court of the County
of Orange, State of California, on December 28,
1951, Case No. A-21021 in and for the City of
Analieini, County of Orange, State of California;
that the notice, of which the annexed is a true
printed copy, has been published in each regular
and entire issue of said newspaper and not in any
supplement thereof on the following dates, to
wit:
June 3, 2004
"I certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct":
Executed at Santa Ana, Orange County.
California, on
Date .lune 3, 2004
c Signature
�1
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714) 796-2209
PROOF OF PUBLICATION
This space is for the County Clerk's Filing Stamp
L G 1,
Proof of Publication of
Paste Clipping of
Notice
SECURELY
In This Space
SUMMARY PUBLICATION
CrTY OF ANAHEIM
ORDINANCE NO. 5918
AwOei ayii6.lf ?tmg fle.
.fAw iiiCM*�wMwa+ loel
f8sr 11 111 �d tPeejeet
The City Council of the City of Anaheim recently adopted an
ordinance apfxwir�g and adopting an amendment to the Re-
developrtxrk Plan for the Stadium Project. With the adop-
tion of the ordinance, the City Council has merged the Stadi-
um Proiect with the Redevelooment Aaenev's other five re-
through-
, re -
i tv. the and
to
The ordinance also contains a number of findings and deter-
minations as required by the California Community Redevel-
opment Lqw Section 33387 (d)(1). The purpose and intent
of the amendment is to continue to eliminate blighting condi-
tions in the merged project area through necessary means
and prevent their reoccurrence by undertaking a8 epproprl-
ate redevelopment protects and programs o ned in thea ex-
isting redevelopment plans.'
I, Sheryll Schroeder, City Clerk of the City of Anaheim, do
hereby can
i�ffyy that the foregoing is a summary of Ordinance
Ne. 5918 wh(ch ordinance Was introduced at a regular meet-
ing of the City -Council of the City of Anaheim on the 11th
day of May, 004 and was duty, passed and adopted at a
War meetsng of said Council on the 25th day of May,
2004 by the following roll call vote of the members thereof:
AYES: Mayor Pringle, Council Members: McCracken,
Tait, Chavez
NOES: None
ABSENT: Hernandez
The above summary is a brief description of the subject mat-
ter contained in the text of Ordinance No. 5818, which has
been prepared pursuant to Section 512 of the Charter of the
City of Anaheim. This summary does not include or de-
scribe every provision of the ordinance and should not be
relied on as a substitute for the full text of the ordinance.
To obtain a copy of the full text of the ordinance, please con-
tact the Office of the City Clerk, (714) 785-5966, between
8:00 AM and 5:00 PM, Monday through Friday. There is no
charge for the copy.
Publish.ARaheim Bultetln
June 3, 2004. _
25-586 6216914