5466ORDINANCE NO. 5 4 6 6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
AMENDING OR ADDING CERTAIN TIME LIMITATIONS TO THE
BROOKHURST COMMERCIAL CORRIDOR REDEVELOPMENT PLAN
WITH RESPECT TO AREAS OF THE BROOKHURST COMMERCIAL
CORRIDOR 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 Brookhurst Commercial Corridor Redevelopment
Project Area (the "Brookhurst Commercial Corridor Project Area") by Ordinance No. 5412 on
December 7, 1993 (the "Brookhurst Commercial Corridor Project") which ordinance approved a
redevelopment plan (the "Brookhurst Commercial Corridor Redevelopment Plan") in connection
with said Brookhurst Commercial Corridor Project in 1993; 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
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
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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,
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
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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 Brookhurst Commercial Corridor 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 Brookhurst
Commercial Corridor 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.
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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) (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 Brookhurst Commercial Corridor Project Area (as said area is
depicted on the attached and hereby incorporated Exhibit "A") as of December 7, 2013
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 Brookhurst Commercial Corridor Project shall terminate.
Section 1.2 Term of Effective Date of the Brookhurst Commercial Corridor
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 Brookhurst
Commercial Corridor Redevelopment Plan shall be as follows:
(a) The provisions of the Brookhurst Commercial Corridor Redevelopment
Plan as to the Project Area in 1993 shall be effective and the provisions of other
documents formulated pursuant to the Brookhurst Commercial Corridor Redevelopment
Plan as to said project area may be made effective until December 7, 2028. After such
time limit on the effectiveness of the Brookhurst Commercial Corridor Redevelopment
Plan as to said Brookhurst Commercial Corridor Project Area included in 1993, 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) (1), (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 Brookhurst Commercial Corridor Redevelopment Plan are established:
(a) As to the areas included in the Brookhurst Commercial Corridor Project
Area in 1993, as of December 7, 2038 (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 Brookhurst Commercial Corridor 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 Brookhurst Commercial Corridor
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 Brookhurst Commercial Corridor 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 Brookhurst Commercial
Corridor 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
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 the13 thday of
December , 1994, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lopez, Zemel, Feldhaus, Daly
None
None
None
COUNCIL VACANCY: One
ATTEST:
City Clerk
APPROVED AS TO FORM:
PUBL:19519_211591B2621.40
Mayor, City of Anaheim
5
11/22/94
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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. 5466 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. 5466 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.
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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. 5466 and was published once in the North Orange County News on the 22nd day of
December, 1994.
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'�LL� CITY CLERK OF THE CITY OF ANAHEIM
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