5467ORDINANCE NO. 5467
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
AMENDING OR ADDING CERTAIN TIME LIMITATIONS TO THE
RIVER VALLEY REDEVELOPMENT PLAN WITH RESPECT TO AREAS
OF THE RIVER VALLEY PROJECT AREA INCLUDED IN SAID
PROJECT AREA PRIOR TO JANUARY 1, 1994
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN
AS FOLLOWS:
WHEREAS, the Anaheim Redevelopment Agency (the "Agency"), a public body,
corporate and politic formed, organized, existing and exercising its powers pursuant to the
California Community Redevelopment Law, Health and Safety Code, Section 33000, et seq. (the
"CRL"), and specifically formed by Resolution No. 6966 of the City of Anaheim (the "City")
adopted by the City Council of the City on June 6, 1961; and
WHEREAS, the City established the River Valley Redevelopment Project Area (the
"River Valley Project Area") by Ordinance No. 4463 on November 29, 1983 (the "River Valley
Project") which ordinance approved a redevelopment plan (the "River Valley Redevelopment
Plan") in connection with said River Valley Project in ; and
WHEREAS, the City amended the River Valley Redevelopment Plan by revising certain
land use alternatives in 1989, but did not add territory or modify the boundaries of the River
Valley Project Area (the "First Amendment") by Ordinance No. 5091 on January 23, 1990 which
ordinance approved an amended River Valley Redevelopment Plan; and
WHEREAS, the California Legislature by Assembly Bill 1290, Statutes 1993, chapter
942 ("AB 1290"), amended the CRL, and, particularly in relation to this Ordinance, Section
33333.6 was added to the CRL, and the Legislature by Senate Bill 732, Statutes 1994, chapter
936, as supplemental legislation to AB 1290, made minor modifications to Section 33333.6,
which Section 33333.6 provides in part that all redevelopment plans adopted and amended prior
to January 1, 1994 are required to contain certain time limitations, and the City and Agency are
required on or before December 31, 1994 to amend the redevelopment plan(s) by ordinance to
include such limitations; and
WHEREAS, Section 33333.6 (a) (1) of the Community Redevelopment Law provides:
"The time limit on the establishing of loans, advances, and indebtedness adopted pursuant to
paragraph (2) of subdivision (a) of Section 33333.2 or paragraph (2) of subdivision (a) of Section
33333.4 shall not exceed 20 years from the adoption of the redevelopment plan or January 1,
2004, whichever is later, but does not prevent agencies from incurring debt to be paid from the
Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the
agency's housing obligations under Section 33413. This limit shall not prevent agencies from
refinancing, refunding, or restructuring indebtedness after the time limit if the indebtedness is not
increased and the time during which the indebtedness is to be repaid does not exceed the date on
which the indebtedness would have been paid."; and
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WHEREAS, Section 33333.6 (a) (2) provides: "The time limitation may be extended,
only by amendment of the redevelopment plan, after the agency finds, based on substantial
evidence that: (A) significant blight remains within the project area; and (B) this blight cannot be
eliminated without the establishment of additional debt. However, this amended time limitation
may not exceed 10 years from the time limit established pursuant to this subdivision or the time
limit on the effectiveness of the plan established pursuant to subdivision (b), whichever is
earlier."; and
WHEREAS, Section 33333.6 (b) provides: "The effectiveness of every redevelopment
plan subject to the provisions of Section 33333.6 shall terminate at a date which shall not exceed
40 years from the adoption of the redevelopment plan or January 1, 2009, whichever is later.
After the time limit on the effectiveness of the redevelopment plan, the agency shall have no
authority to act pursuant to the redevelopment plan except to pay previously incurred
indebtedness and to enforce existing covenants, contracts, or other obligations."; and
WHEREAS, Section 33333.6 (c) provides that except as provided in subdivisions (g) and
— (h), a redevelopment agency shall not pay indebtedness or receive property taxes pursuant to
Section 33670 after 10 years from the termination of the effectiveness of the redevelopment plan
pursuant to subdivision (b); and
WHEREAS, Section 33333.6 (e) (1) provides that unless a redevelopment plan adopted
prior to January 1, 1994, contains all of the limitations required by this section and each of these
limitations does not exceed the applicable time limits established by this section, the legislative
body, acting by ordinance on or before December 31, 1994, shall amend every redevelopment
plan adopted prior to January 1, 1994, either to amend an existing time limit that exceeds the
applicable time limit established by this section or to establish time limits that do not exceed the
provisions of subdivision (a), (b), or (c); and
WHEREAS, Section 33333.6 (e) (2) provides that the limitations established in the
ordinance adopted pursuant to this section shall apply to the redevelopment plan as if the
redevelopment plan had been amended to include those limitations. However, in adopting the
ordinance required by this section, neither the legislative body nor the agency is required to
comply with Article 12 (commencing with Section 33450) or any other provision of this part
relating to the amendment of redevelopment plans; and
WHEREAS, Section 33333.6 (f) (1) provides that if a redevelopment plan adopted prior
to January 1, 1994, contains one or more limitations required by this section, and the limitation
does not exceed the applicable time limit required by this section, this section shall not be
construed to require an amendment of this limitation; and
WHEREAS, Section 33333.6 (f) (2) provides that a redevelopment plan adopted prior to
January 1, 1994, that has a limitation shorter than the terms provided in this section may be
amended to extend the limitation, within the applicable time limit established by this section,
pursuant to Section 33354.6; and
WHEREAS, Section 33333.6 (g) provides: "The limitations established in the ordinance
adopted pursuant to this section shall not be applied to limit allocation of taxes to an agency to
the extent required to eliminate project deficits created under subdivision (e) of Section 33320.5,
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T subdivision (g) of Section 33334.6, or subdivision (d) of Section 33487, in accordance with the
plan adopted pursuant thereto for the purpose of eliminating the deficits or to implement a
replacement housing program pursuant to Section 33413. In the event of a conflict between these
limitations and the obligations under Section 33334.6 or to implement a replacement housing
program pursuant to Section 33413, the legislative body shall amend the ordinance adopted
pursuant to this section to modify the limitations to the extent necessary to permit compliance
with the plan adopted pursuant to subdivision (g) of Section 33334.6 and to allow full expenditure
of moneys in the agency's Low and Moderate Income Housing Fund in accordance with Section
33334.3 or to permit implementation of the replacement housing program pursuant to Section
33413. The procedure for amending the ordinance pursuant to this subdivision shall be the same
as for adopting the ordinance under subdivision (e)."; and
WHEREAS, Section 33333.6 (h) provides: "This section shall not be construed to affect
the validity of any bond, indebtedness, or other obligation, including any mitigation agreement
entered into pursuant to Section 33401, authorized by the legislative body, or the agency pursuant
to this part, prior to January 1, 1994. Nor shall this section be construed to affect the right of an
agency to receive property taxes, pursuant to Section 33670, to pay the indebtedness or other
obligation."; and
WHEREAS, Section 33333.6 (i) provides that a redevelopment agency shall not pay
indebtedness or receive property taxes pursuant to Section 33670, with respect to a
redevelopment plan adopted prior to January 1, 1994, after the date identified in subdivision (c)
or the date identified in the redevelopment plan, whichever is earlier, except as provided in
paragraph (2) of subdivision (f) or in subdivision (h); and
WHEREAS, Section 33333.6 0) provides that the Legislature finds and declares that the
amendments made to this section by the act that adds this subdivision are intended to add
limitations to the law on and after January 1, 1994, and are not intended to change or express
legislative intent with respect to the law prior to that date, and further that it is not the intent of
the Legislature to affect the merits of any litigation regarding the ability of a redevelopment
agency to sell bonds for a term that exceeds the limit of a redevelopment plan pursuant to law
that existed prior to January 1, 1994; and
WHEREAS, Section 33333.6 (k) provides: " [i]f a redevelopment plan is amended to
add territory, the amendment shall contain the time limits required by Section 33333.2. "; and
WHEREAS, in the current River Valley Redevelopment Plan there are certain time
limitations which may not accord with those time limitations required by Section 33333.6; and
WHEREAS, it is the desire of the City by this Ordinance to comply in all respects with
all applicable requirements of Section 33333.6 of the CRL.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
ORDAIN AS FOLLOWS:
Section 1. Establishing or Amending Certain Time Limitations. The River Valley
Redevelopment Plan is hereby amended by the addition of certain time limitations as set forth in
subsections 1.1, 1.2, and 1.3, as follows.
PUBL:19509_211591B2621.17 3 11/22/94
Section 1.1 Limitation of Incursion of Indebtedness. Except to the extent a longer
period of time may be allowed pursuant to Section 33333.6, subdivisions (a) (1), (a) (2), (f) (2),
(g), and (h) or other provisions of the CRL, and as further stated herein, the following time
limitations to incur indebtedness are established:
(a) As to the River Valley Project Area (as said area is depicted on the
attached and hereby incorporated Exhibit "A") as of January 1, 2004 the Agency's ability
to establish loans, advances, and indebtedness to be paid with the proceeds of property
taxes received pursuant to Section 33670 of the CRL to finance in whole or in part the
River Valley Project shall terminate.
Section 1.2 Term of Effective Date of the River Valley Redevelopment
Plan. Except as provided by Section 33333.6, subdivisions (a) (1), (a) (2), (f) (2), (g),
and (h), other provisions of the CRL, and as further stated herein, and except for the
nondiscrimination and nonsegregation provisions which shall run in perpetuity, the
following time limitation concerning the effectiveness of the River Valley Redevelopment
Plan shall be as follows:
(a) The provisions of the River Valley Redevelopment Plan as to the Project
Area in 1983 shall be effective and the provisions of other documents formulated pursuant
to the River Valley Redevelopment Plan as to said project area may be made effective
until November 29, 2018. After such time limit on the effectiveness of the River Valley
Redevelopment Plan as to said River Valley Project Area included in 1983, the Agency
shall still have the authority to pay previously incurred indebtedness and to enforce
existing covenants, contracts, or other obligations.
Section 1.3 Limitation on Receipt of Tax Increment to Pay Certain Debt.
Except to the extent a longer period of time may be allowed pursuant to Section 33333.6,
subdivisions (a) (2), (f) (2), (g), and (h) or other provisions of the CRL, and as further
stated herein, the following time limitations to receive property tax increment to pay debt
under the River Valley Redevelopment Plan are established:
(a) As to the areas included in the River Valley Project Area in 1983, as of
November 29, 2028 (which date is ten (10) years after the date provided above in Section
1.2 (a)) the Agency shall not pay indebtedness or receive property tax increment
generated from said River Valley Project Area, provided however, nothing in the
foregoing limitation shall be construed to or shall affect the validity of any bond,
indebtedness, or other obligation, including any mitigation agreement entered into
pursuant to Section 33401 of the CRL, authorized by the legislative body, or the Agency
prior to January 1, 1994, nor shall the foregoing limitation be construed to affect the right
of the Agency to receive the property tax increment to pay such indebtedness or
obligation.
Section 2. New Limitations Prevail if Conflict with Existing Limitations. Section
1, and each subdivision thereof inclusive, of this Ordinance shall, to the extent of a conflict, if
any, take precedence over those limitations in the River Valley Redevelopment Plan concerning
such limitations.
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Section 3. Right to Extend Such Limitations. No actions with respect to further
extending the time limitations set forth herein pursuant to Section 33333.6 (a) (2) or other
provisions of the CRL are being taken at this time, but the right to consider such extension(s) of
the time limitations is being reserved.
Section 4. Compliance with Section 33333.6. The City Council finds and
determines amendments to the River Valley Redevelopment Plan as adopted by this Ordinance
are in compliance with the requirements and time limitations set forth in Section 33333.6 of the
CRL.
Section 5. Amended Plan Otherwise in Full Effect. The River Valley
Redevelopment Plan is and shall remain in full force and effect, unmodified except to the extent
of those particular amendments expressly set forth in this Ordinance.
Section 6. Publication of Ordinance. The City Clerk is hereby authorized and
directed to certify to the passage of this Ordinance and to cause the same to be published with the
4 names of Councilmembers voting for and against the same in the Anaheim Bulletin, a newspaper
of general circulation, published and circulated in the City of Anaheim.
Section 7. Effective Date. This Ordinance shall be in full force and effect thirty (30)
days after passage.
PASSED AND ADOPTED at a regular meeting of said City Council held the13thday of
December, 1994, by the following roll call vote:
AYES: Lopez, Zemel, Feldhaus, Daly
NOES: None
ABSENT: None
ABSTAIN: None
COUNCIL VACANCY: One
ATTEST: �-
City Clerk
APPROVED AS TO FORM:
Mayor, City of Anaheim
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance
No. 5467 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 6th
day of December, 1994, and that the same was duly passed and adopted at a regular meeting of said City
Council held on the 13th day of December, 1994, by the following vote of the members thereof:
AYES: MAYOR/COUNCIL: Lopez, Zemel, Feldhaus, Daly
NOES: MAYOR/COUNCIL: None
ABSENT: MAYOR/COUNCIL: None
COUNCIL VACANCY: COUNCILMEMBER: One
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5467 on the
13th day of December, 1994.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 13th day of December, 1994.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original
of Ordinance No. 5467 and was published once in the North Orange County News on the 22nd day of
December, 1994.
CITY CLERK OF THE CITY OF ANAHEIM
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Adopted
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