6217 ORDINANCE NO. 6217
AN ORDINANCE OF THE CITY OF ANAHEIM ELECTING TO COMPLY
WITH AND PARTICIPATE IN THE ALTERNATIVE VOLUNTARY
REDEVELOPMENT PROGRAM CONTAINED IN PART 1.9 OF DIVISION
24 OF THE CALIFORNIA HEALTH AND SAFETY CODE
WHEREAS, the Anaheim Redevelopment Agency ( "Agency ") is a community
redevelopment agency organized and existing under the California Community Redevelopment Law,
Health and Safety Code Sections 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
( "City Council ") of the City of Anaheim ( "City "); and
WHEREAS, the Agency is engaged in activities necessary and appropriate to carry out the
Amended and Restated Redevelopment Plan ( "Redevelopment Plan ") for the Anaheim Merged
Project Area ( "Redevelopment Project ") which was adopted by and through a series of ordinances of
the City Council of the City, specifically Ordinance Nos. 5913, 5914, 5915, 5916, 5917, 5918, 5973,
and 6034; and
WHEREAS, Parts 1.8, 1.85 and 1.9 of Division 24 of the Health and Safety Code were
added to the CRL by ABX1 26 and ABX1 27, which measures purport to become effective
immediately. ABX1 26 and ABX1 27, which are trailer bills to the 2011 -12 budget bills, were
approved by both houses of the Legislature on June 15, 2011 and signed by the Governor on June 28,
2011; and
WHEREAS, Part 1.85 of the CRL ( "Part 1.85 ") provides for the statewide dissolution of all
redevelopment agencies, including the Agency, as of October 1, 2011, and provides that, thereafter, a
successor agency shall administer the enforceable obligations of the Agency and otherwise wind up
the Agency's affairs, all subject to the review and approval by an oversight committee; and
WHEREAS, Part 1.8 of the CRL ( "Part 1.8 ") provides for the restriction of activities and
authority of the Agency in the interim period prior to dissolution to certain "enforceable obligations"
and to actions required for the general winding up of affairs, preservation of assets, and certain other
goals delineated in Part 1.8; and
WHEREAS, the dissolution of the Agency would be detrimental to the health, safety, and
economic well -being of the residents of the City and cause irreparable harm to the community,
because, among other reasons, the redevelopment activities and projects made possible,
implemented, and funded by the Agency are highly significant and of enduring benefit to the
community and the City, and are a critical component of its future; and
WHEREAS, Part 1.9 of the CRL ( "Part 1.9 ") provides that a redevelopment agency may
continue in operation if a city or county that includes a redevelopment agency adopts an ordinance
agreeing to comply with and participate in the Alternative Voluntary Redevelopment Program
established in Part 1.9 ( "Program "); and
WHEREAS, as a condition of the Agency's continued existence and operation of its
redevelopment agency, the City is required to make certain annual remittances to the county auditor -
controller pursuant to Chapter 3 of Part 1.9, beginning with a larger upfront remittance for the 2011-
2012 fiscal year ( "First Remittance "), to be paid in two equal installments on January 15, 2012 and
May 15, 2012; and
WHEREAS, the City will have sufficient moneys and revenues to fund an amount equal to
the City's payment of the First Remittance and expects to have sufficient moneys and revenues to
fund the subsequent annual remittances required by Part 1.9; and
WHEREAS, the City's needs are such that it can commit to spend the funds received from
the Agency pursuant to the Agreement to Transfer Tax Increment (defined below) to finance
activities within the Redevelopment Project that are related to accomplishing the goals of the
Redevelopment Project, including but not limited to attraction and retention of a wide range of
businesses, rehabilitation of deteriorated and obsolete structures, development of housing,
improvement of infrastructure and public facilities, crime reduction, and blight elimination; and
WHEREAS, the City and Agency intend to execute an agreement pursuant to CRL Section
34194.2, whereby the Agency shall make an initial transfer of a portion of its tax increment to the
City in an amount equal the First Remittance, and thereafter to transfer amounts of tax increment
equal to any subsequent remittance which the City is required to make to the county auditor -
controller pursuant to the City's participation in the Program ( "Agreement to Transfer Tax
Increment "); and
WHEREAS, the City is aware that the validity, passage, and applicability of ABX1 26 and
ABX1 27 may become the subject of a judicial challenge; and
WHEREAS, the City, by the adoption of this Ordinance, does not represent, disclaim, or
take any position whatsoever on the issue of the validity of ABX1 26 or ABX1 27, but rather the City
seeks to comply with the Constitution and laws of the State of California, including Part 1.9, in order
to preserve the ability of the Agency to continue to operate and thereby benefit the community; and
WHEREAS, the City has duly considered all other related matters and has determined that
the City's participation in the Program is in the best interests of the City, and the health, safety, and
welfare of its residents, and in accord with the public purposes and provisions of applicable state and
local laws and requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
ORDAIN AS FOLLOWS:
1. The foregoing recitals are true and correct.
2. The City hereby finds that (i) the dissolution of the Agency would be detrimental and
cause irreparable harm to the community and to the health, safety, and economic well -being of the
citizens of the City, and (ii) the types of activities and projects made possible, implemented, and
funded by the Agency are highly significant and of enduring benefit to the community and the City,
and are a critical component of its future; and
3. The City hereby commits to spend those funds received under the Agreement to
Transfer Tax Increment or otherwise pursuant to CRL Section 34194.2 to fmance activities within
the Redevelopment Project that are related to accomplishing the goals of the Redevelopment Project;
and
4. The City hereby ordains that the City shall comply with the Constitution and the laws
of the State of California, including Part 1.9, including the making of the remittances referred to in
CRL Section 34194(c) at the times and in the manner described in Part 1.9. This ordinance is that
ordinance referred to in CRL Section 34193 and shall be interpreted and applied in all respects so as
to comply with Part 1.9, to the fullest extent permitted by law.
5. On or before November 1, 2011, the City Manager (or his designee) is hereby
authorized and directed to notify the county auditor - controller, the Controller of the State, and the
State Depailment of Finance that the City agrees to comply with the provisions of Part 1.9 as
provided under Section 34193, such notice to be in accordance with CRL Section 34193.1.
6. The City's remittances to the county auditor - controller made pursuant to Part 1.9 may
be paid from any legally available funds of the City not otherwise obligated for other uses in
accordance with Section 34194.1. Nothing herein is intended or shall be interpreted to require any
payments or impose any financial or other obligation of the City other than in accordance with the
Constitution and laws of the State of California, including Part 1.9.
8. This Ordinance shall be effective thirty (30) days from and after the date of the final
passage and adoption hereof.
THE FOREGOING ORDINANCE WAS INTRODUCED AT A REGULAR MEETING OF
THE CITY COUNCIL OF THE CITY OF ANAHEIM HELD ON THE 12 DAY OF July,
2011, AND THEREAFTER PASSED AND ADOPTED AT A REGULAR MEETING OF SAID
CITY COUNCIL HELD ON THE 19 DAY OF July, 2011, BY THE FOLLOWING ROLL
CALL VOTE:
AYES: Mayor Tait, Council Members Sidhu, Eastman, Galloway and Murray
NOES: None
ABSENT: None
ABSTAIN: None
To Tait, Mayor
ATTE: :
41.
Aa L. ( IMI
Linda N. Andal, City Clerk