5914ORDINANCE NO. 5914
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING AND ADOPTING THE THIRD AMENDMENT TO THE
REDEVELOPMENT PLAN FOR THE COMMERCIALANDUSTRIAL
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 December 21, 1993, by Ordinance No. 5415, the City Council approved
and adopted the Redevelopment Plan for the Commercial/Industrial Redevelopment Project
("Project Area") and subsequently amended the Redevelopment Plan ("Existing Plan") twice to
establish time limits in compliance with AB 1290, SB 1045 and other provisions of the CRL; 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 Stadium 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
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Boulevard, Anaheim, California, 92805, together with the Agency's Report to the City Council
on the Amendment and Supplement to the Report to City Council on the Amendment, 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
sunnnary 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, Plaza, West Anaheim Commercial
Corridors, and Stadium 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
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.T4
goals, objectives, programs, and expenditure will eliminate blight in the project area and
implement the affordable housing requirement of the CRL; and
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
Article 12 of CRL Section 33450, et seq.; and
WHEREAS, Section 33457.1 of Article 12 provides that to the extent warranted by a
proposed amendment to a redevelopment plan, the reports and information required by Section
33352 and 33367 will be prepared; and
WHEREAS, Section 15061 of the Guidelines for the California Environmental Quality
Act (CEQA), Title 14, California Code of Regulations, Sections 15000, et seq. ("CEQA
Guidelines"), provides that after a preliminary review a public agency may determine that a
project is exempt from the provisions of CEQA; and
WHEREAS, as to the proposed Amendment, the exemption set forth in Section
15061(b)(2) is applicable to this Ordinance and the project approved hereby, states that
amending the Existing Plan so that it is merged with all other existing project areas to create the
Merged Project Area is exempt pursuant to the categorical exemption set forth in Section
15378(b)(4), in that creation of a government funding mechanism or other government fiscal
activity which does not involve any commitment to any specific project which may result in a
potentially significant physical impact on the environment; and
WHEREAS, after determining that a project is exempt, the Agency may prepare a notice
of exemption which may be filed with the county clerk after the project is approved; and
WHEREAS, a preliminary review of environmental impacts was prepared in connection
with the proposed Amendment, which will cause the merger of the Existing Plan, as amended,
with all other existing project areas, the exemption of Section 15378(b)(4) applies, in that the
merger proceedings are a government funding mechanism or other government fiscal activity
and therefore not a "project" under said section and exempt under CEQA and the CEQA
Guidelines; and
WHEREAS, the City Council has considered the report and recommendation of the
Planning Commission, the Report to the City Council of the Agency, the Amendment to the
Existing Plan, has 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
Amendment and has made written findings in response to each written objection of an affected
property owner or taxing entity, if any, filed with the City Clerk before or during such joint
public hearing; and
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WHEREAS, all actions required by law have been taken by all appropriate public
bodies.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
DOES HEREBY, FIND AND ORDAIN AS FOLLOWS:
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 Commercial/Industrial 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
joint 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
F'1Docs\DEVSVCS\RESOLUTN\RCR4430C.DOC 4
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
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.
e) 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 Ordinances, 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 Ordinances 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
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I
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
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 Ordinances, is hereby further
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 Commercial/Industrial Redevelopment Project, and when filed with the
City Clerk and the Secretary of the Agency, shall constitute the official Redevelopment Plan for
the Commercial/hidustrial 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.
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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
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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Introduced and first read at a regular meeting of the City Council of the City of Anaheim
held the IIth day of Mai, , 2004, and thereafter PASSED AND ADOPTED at a regular
meeting of said City Council held the 15thday ofrtay , 2004, by the following roll call
vote:
AYES: Mayos Curt Pringle Council Members, Tom Tait, Shirley McCracken, Richard Chavez
NOES: none
ABSENT: Council Member , Bob Hernandez
ABSTAIN: none
CITY OF AHEIM
By: 00
Mayor
ATTEST:
SHE,RYLL SCHROEDER, CITY CLERK
-.'�Sheryll Schroeder
APPROVED AS TO FORM:
.LACK L -.-WHITS, CITY ATTRNEY
hn �. VVoodheaa V
.Assistant City Attorney
F\Docs\D EVSVCS\RESOLUTN\RCR4430C DOC 8
EXHIBIT A
THIRD AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE
COMMERCIAL/INDUSTRIAL REDEVELOPMENT PROJECT
THIRD AMENDMENT TO THE REDEVELOPMENT PLAN
FOR THE
COMMERCIAL/INDUSTRIAL REDEVELOPMENT PROJECT
BACKGROUND
The Redevelopment Plan ("Redevelopment Plan") for the Commercial/Industrial Redevelopment
Project ("Project" or "Project Area") was approved and adopted by the City Council of the City of
Anaheim ("City Council") on December 21, 1993 by Ordinance No. 5415. The Project Area
consists of 882 acres and is comprised of two (2) non-contiguous areas, the North Central
Industrial Area (405 acres) and the South Anaheim Boulevard Commercial/Industrial Corridor
(477 acres). Land uses designated within the Project Area include residential, general
commercial, commercial professional, general industrial, and business office/service/industrial.
Subsequent to the adoption of the Redevelopment Plan, the City Council adopted the first
amendment to the Redevelopment Plan on December 13, 1994 by Ordinance No. 5464, which
established certain time limits in compliance with AB 1290. The second amendment adopted by
the City Council on December 16, 2003 by Ordinance No. 5895 extended the time limit for
Redevelopment Plan effectiveness, payment of incurred indebtedness, and receipt of tax
increment by one (1) year in accordance with SB 1045.
The Anaheim Redevelopment Agency ("Agency") is proposing a third amendment ("Third
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, Plaza
Redevelopment Project, West Anaheim Commercial Corridors Redevelopment Project, and the
Stadium 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 X to the
Redevelopment Plan to read as follows:
X. (§1000) MERGER
Upon the effective date of the ordinance adopting the Third Amendment to this
Redevelopment Plan, and provided the ordinances become effective amending the
Redevelopment Plans for the Merged Projects, the Commercial/Industrial Redevelopment
Project is hereby merged with the Alpha Redevelopment Project, River Valley Redevelopment
Project, Plaza Redevelopment Project, West Anaheim Commercial Corridors Redevelopment
Project, and the Stadium Redevelopment Project, collectively referred to as the "Merged
Redevelopment Projects".
PA0402013. ANA. CK. gbd
10021.003.001/02126/04
k
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA. j
SS.
County of Orange 1
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested in
the above -entitled matter. I 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,
1051, Case No. A-21021 in and for the City of
Anaheim, 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: ccrtily (or declare) under the penalty of
perjury under the laws of the State of California
that the toregoing is true and correct'
Executed at Santa Ana, Orange County,
Califonua, on
Date Rilie 3. 2004
l
+ `signature
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 Stanlp
Proof of Publication of
Paste Clipping of
Notice
SECURELY
In This Space
SUMMARY PUBLICATION
CITY OF ANAHEIM
ORDINANCE NO. 5914
An Ordinance of the City Council of the City of
Anaheim Approving and Adopting the Third
Amendment to the Redevelopment Plan for the
Commercial/Industrlal Redevelopment Project
The City Council of the City of Anaheim recently adopted an
ordinance approving and adopting an amendment to the Re-
development Plan for the Commercial/Industrial Redevelop-
ment Project. With the adoption of the ordinance, the City
i Council has merged the Commercial/Industrial Project with
the Redevelopment Agency's other five redevelopment proj-
ect areas into one project area. The merger will allow the
Agency to combine tax increment revenues from the project
areas and reallocate the revenues throughout the entire
merged project area thereby facilitating the revitalization of 1
blighted areas through economic vitality, and increased and
improved housing opportunities. The merger also stream- I
lines administrative activities related to reporting
requirements -
The ordinance also contains a number of findings and deter-
minations as required by the California Community Redevel-
o ment Law Section 33367 (d)(1). The purpose and intent
o�the amendment is to continue to eliminate blighting condi-
tions in the merged project area through necessary means I
and prevent their reoccurrence by undertaking all appropri-
ate redevelopment projects and programs outlined in the ex-
istng redevelopment plans.
I Sheryl) Schroeder, City Clerk of the City of Anaheim. do 1
hereby certify that the foregoing is a summary of Ordinance
No. 5914 which ordinance was introduced at a regular meet-
; ing of the City Council of the City of Anaheim on the 11th
day of May 2004, and was duly passed and adopted at a
regular meeting of said Council an the 25th day of May.
2004by the following roll call vote of the members thereof.
I AYES: Mayor Pringle, Council Members McCracken.
Tait. Chavez
NOES: None
(ABSENT: Hernandez
The above summary Is a brief description of the subect mat-
ter contained in the text of Ordinance No. 5914, wrch has
been prepared pursuant to Section 512 of the Charter of the
j City of Anaheim. This summary does not include or de-
scribe every provision of the ordinance and should not be
robed on as a substitute for the full text of the ordinance.
�I'o obtain a copy of the full text of the ordinanceplease con -
lac *
on-
tac' the Office of the City Clerk, (714) 765-5166, between
8:00 AM and 5'00 PM, Monday through Friday. There is no
! charge for'he copy. I
- Publish: Anaheim 3u )ern
June 3. 2004
-,82 621617_,