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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, F \Docs\DEVSVCS\RESOLUTN\RCR4430G doc T1 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 F:\Docs\DEVSVCSIRESOLUTNIRCR4430G.doc 2 MTV 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 kiW 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 F1Docs1DEVSVCSIRESOLUTNIRCR4430G doc 4 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 FIDOCS\DEVSVCSIRESOLUTNIRCR4430G.doc 6 V invalid portion thereof had been deleted. Section 13. This Ordinance shall be in full force and effect thirty (30) days after adoption. F\Docs\D EVSV CS\RESOLUTN\RCR4430G. doc iff-a 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 F \Docs\DEVSVCS\RESOLUTN\RCR4430G.doc g 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