5979ORDINANCE NO. 5979
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING THE REDEVELOPMENT PLAN
AMENDMENTS TO EXTEND BY ONE YEAR THE
EFFECTIVENESS OF THE REDEVELOPMENT PLAN AND
THE TIME LIMIT FOR THE RECEIPT OF PROPERTY TAX
INCREMENT FOR THE MERGED PROJECT AREA (NUNC
PRO TUNC)
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 July 19, 1973, by Ordinance No. 3190, the City Council approved and
adopted a redevelopment plan for the Alpha Redevelopment Project and subsequently
amended the redevelopment plan seven times to delete territory from the project area,
modify land uses, and establish fiscal and time limits in compliance with Assembly Bill
1290 ("AB 1290"), Senate Bill 1045 ("SB 1045"), and other provisions of the CRL
("Alpha Project"); and
WHEREAS, on November 29, 1983, by Ordinance No. 4463, the City Council adopted
a redevelopment plan for the River Valley Redevelopment Project and subsequently
amended the redevelopment plan five times to modify land uses and establish time
limits in compliance with AB 1290, SB 1045, and other provisions of the CRL ("River
Valley Project"); and
WHEREAS, on June 12, 1990, by Ordinance No. 5136, the City Council adopted a
redevelopment plan for the Plaza Redevelopment Project and subsequently amended
the redevelopment plan twice to establish time limits in compliance with AB 1290, SB
1045 and other provisions of the CRL ("Plaza Project"); and
WHEREAS, on December 7, 1993, by Ordinance No. 5412, the City Council adopted a
redevelopment plan for the Brookhurst Commercial Corridor Redevelopment Project
and subsequently amended the redevelopment plan three times to add territory to the
project area, including renaming the project area the West Anaheim Commercial
Corridors Redevelopment Project, and establish time limits in compliance with AB 1290,
SB 1045 and other provisions of the CRL ("West Anaheim Project"); and
WHEREAS, on December 21, 1993, by Ordinance No. 5415, the City Council adopted
a redevelopment plan for the Commercial/industrial Redevelopment Project and
subsequently amended the redevelopment plan twice to establish time limits in
compliance with AB 1290, SB 1045 and other provisions of the CRL
("Commercial/Industrial Project"); and
WHEREAS, on August 9, 1994, by Ordinance No. 5442, the City Council adopted a
redevelopment plan for the Stadium Redevelopment Project ("Stadium Project"); and
WHEREAS, the "Existing Plans" consist of the Redevelopment Plans, as amended,
prepared for the Alpha Project, River Valley Project, Plaza Project,
Commercial/Industrial Project, West Anaheim Project, and the Stadium Project, and the
territory included within the Existing Plans is referred to as the "Project Areas"; and
WHEREAS, the City Council amended the Existing Plans to merge the Project Areas
into a single project area referred to herein as the "Merged Project Area" to allow the
combining of tax increment revenues from the Merged Project Area to be allocated
among the entire Merged Project Area by Ordinance Nos. 5913, 5914, 5915, 59169
5917, and 5918, adopted on May 25, 2004; and
WHEREAS, the California legislature enacted Senate Bill 1096 in 2004 ("SB 1096"),
which requires, for fiscal years 2004-05 and 2005-06, each redevelopment agency to
remit a portion of tax increment revenue otherwise receivable by such agency to the
Educational Revenue Augmentation Fund ("ERAF") for the county in which such
agency is located; and
WHEREAS, SB 1096 also allows a redevelopment agency which remits tax increment
to the appropriate county ERAF in accordance therewith, to extend the effectiveness of
certain redevelopment plans and the time limit to receive property tax increment by one
year for each year in which such agency remits the applicable tax increment funds to
the county ERAF, upon making certain findings and giving public notice of such
amendment, as further set forth in Health and Safety Code section 33333.2(d) and
33333.6(e); and
WHEREAS, the Agency remitted the required amount of tax increment to the Orange
County ERAF for fiscal year 2004-05 on May 10, 2005, pursuant to SB 1096; and
WHEREAS, the City, desires to adopt an ordinance extending the effectiveness of each
of the Alpha, River Valley, and Stadium Redevelopment Plans by one year, and
extending the last date to receive tax increment for repayment of indebtedness
applicable to each of the Alpha, River Valley, and Stadium Redevelopment Plans by
one year, by an amendment adopted pursuant to SB 1096 (the "Amendment"); and
WHEREAS, the City has reviewed evidence of compliance of the River Valley and
Anaheim Stadium Redevelopment Plans with (i) the requirements of Health and Safety
Code sections 33334.2 and 33334.6, as applicable, regarding the set-aside of twenty
percent (20%) of tax increment revenue into a Low and Moderate Income Housing
Fund; and (ii) the requirement for adoption of implementation plans in accordance with
the requirements of Health and Safety Code Section 33490, and (iii) the requirements
of Health and Safety Code section 33413, subdivisions (a) and (b); and (iv) the
requirements of Health and Safety Code section 33334.12 regarding the expenditure of
1)
Low and Moderate Income Housing Fund monies within the time frames specified
therein, and finds that the River Valley Redevelopment Plan and Anaheim Stadium
Redevelopment Plan are in compliance with all such statutory requirements; and
WHEREAS, the City has reviewed evidence regarding the source of funds used to
make the 2004-05 payment to the Orange County ERAF pursuant to Health and Safety
Code Section 33681.12 and the uses as to which such funds would have been made
had such payment to the Orange County ERAF not been required, and finds that the
funds used to make such payment pursuant to Section 33681.12 would otherwise have
been used to pay the costs of projects and activities necessary to carry out the goals
and objectives of the River Valley, Anaheim Stadium, and Alpha Redevelopment Plans;
and
WHEREAS, pursuant to public notice mailed to each affected taxing entity at least thirty
(30) days prior to the public hearing on the Amendment and published in a newspaper
of general circulation at least ten (10) days prior to the public hearing on the
Amendment, a full and fair public hearing has been held on the Amendment and the
City has considered all written and all oral comments and testimony relating thereto and
has been fully advised thereon; and
WHEREAS, the City has taken all other actions required by law to prepare and present
the proposed Amendment; and
WHEREAS, the City Council approved the Amendment by adopting Ordinance No.
5973 on June 7, 2005; and
WHEREAS, Ordinance No. 5973 contained clerical errors which the City Council
intends to correct by adopting this Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Amendment of Redevelopment Plans. The proposed Amendment,
including all related documents, correspondence and transmittals, copies of which are on file in
the office of the City Clerk, is hereby approved, and the expiration dates for each of the Existing
Plans and last dates for receiving tax increment are as set forth below:
River Valley Redevelopment Plan
Expiration Date: November 29, 2020
Last Date to Receive Tax Increment: November 29, 2030
Anaheim Stadium Redevelopment Plan
Expiration Date: August 9, 2025 Last Date to Receive
Tax Increment: August 9, 2040
Alpha Redevelopment Plan
Expiration Date: July 19, 2010 Last Date to Receive
Tax Increment: July 19, 2020
Section 2. Notice of Exemption Re: CEQA. Due to the nature of the Amendment, it was
determined that the proposed Amendment did not qualify as a project as defined by the
California Environmental Quality Act (CEQA) and, therefore, a Notice of Exemption will be
prepared. This determination is based upon Section 15061 (b)(3) of the CEQA Guidelines,
which states that possible exemptions from CEQA include that an ``activity is covered by the
general rule that CEQA applies only to projects which have the potential for causing a significant
effect on the environment. Where it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment, the activity is not subject to
CEQA." The Amendment further constitutes a government fiscal activity with no commitment
of funds to a specific project, which pursuant to CEQA Guidelines Section 15378 (b)(4) is also
exempt. Upon approval and adoption of this Ordinance, the City Council directs City staff to
prepare a Notice of Exemption and, in accordance with CEQA Guidelines Section 15062, to file
the Notice of Exemption with the County Clerk of Orange County. All activities undertaken by
the Agency and/or the City pursuant to or in implementation of the Amendment shall be
undertaken in accordance with the mitigation measures and monitoring program within the Final
Environmental Impact Report prepared in connection with the Existing Plans, and the Agency
shall undertake such additional environmental review or assessment as necessary under law at the
time of the proposed implementation of such activities.
Section 3. Repeal of Ordinance No. 5973. Ordinance No 5973 is hereby repealed.
Section 4. Certification. 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 5. Partial Invalidity; Severability. 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 6. Effective Date. This Ordinance shall be in full force and effect thirty (30) days
after adoption.
4
THE FOREGOING ORDINANCE WAS INTRODUCED AT A REGULAR MEETING OF
THE CITY COUNCIL OF THE CITY OF ANAHEIM HELD ON THE FOURTEENTH
(14TH) DAY OF JUNE, 2005, AND THEREAFTER PASSED AND ADOPTED AT A
REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ANAHEIM HELD ON
THE TWENTY-FIRST (21ST) DAY OF JUNE, 2005, BY THE FOLLOWING ROLL
CALL VOTE:
AYES: Mayor Pringle, Council Members Sidhu, Galloway, Chavez,
Hernandez
NOES: None
ABSENT: None
ABSTAIN: None
CIN O AHE
By:
_ �
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
a -f -Y CL K THE CITY OF ANAHEIM
5
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
) ss.
County of Orange )
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,
1951, 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 30, 2005
"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: June 30, 2005
� �nK.G�fiCJ
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 Starap
Proof of Publication of
Paste Clipping of
Notice
SECURELY
In This Space
ORDINANCE NO. 5979
ORDINANCE OF THE CITY COUP' "". OF THE CITY OF ANAHEIM APPROVING THE REDEVELOr 'NT PLAN AMENDMENTS
TO EXTEND BY ONE YEAR THE CTIVENESS OF THE REDEVELOPMENT PLAN AND THE T JMIT FOR THE RECEIPT
OF PROPERTY TAX INCREMENT A THE MERGED PROJECT AREA (NUNC PRO TUNC)
WHEREAS, the Anaheim Redevelopment Agency( Agency") is a community redevelopment agency organized and existing under the California Com-
munity Redevelopment Law, Health and Safety Code Section 33000, at. 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 July 19, 1973, by Ordinance No. 3190, the City Council approved and adopted a redevelopment plan for the Alpha Redevelopment Proj-
ect and subsequently amended the redevelopment pplan seven times to delete territory from the project area, modify land uses, and establish fiscal and
time limits in compliance with Assembly Bill 1290 ("AB 1290"), Senate Bill 1045 ("SB 1045"), and other provisions of the CRL ('Alpha Project' ; and
WHEREAS, on November 29, 1983, by Ordinance No. 4463, the City Council adopted a redevelopment plan for the River Valley Redevelopment Project
and subsequently amended the redevelopment plan five times to modify land uses and establish time limits in compliance with AB 1290, SB 1045, and
other provisions of the CRL ("River Valley Project"); and -
WHEREAS, on June 12, 1990, by Ordinance No. 5136, the City Council adopted a redevelopment plan for the Plaza Redevelopment Project and subse-
puently amended the redevelopment plan twice to establish time limits in compliance with AB 1290, SB 1045 and other provisions of the CRL ("Plaza
Project"); and
WHEREAS, on December 7, 1993, by Ordinance No. 5412, the City Council adopted a redevelopment plan for the Brookhurst Commercial Corridor Re-
development Project and subsequent), amended the redevelopment plan three times to add territory to the project area, including renaming the project
area the West Anaheim Commercial Corridors Redevelopment Project, and establish time limits in compliance with AB 1290, SB 1045 and other provi-
sions of the CRL ("West Anaheim Project"): and
WHEREAS, on December 21, 1993, by Ordinance No. 5415, the City Council adopted a redevelopment plan for the Commercial/Industrial Redevelop-
ment Project and subsequently amended the redevelopment plan twice to establish time limits in compliance with AB 1290, SB 1045 and other provisions
of the CRL ("Commercial/Industrial Project'); and
WHEREAS, on August 9, 1994, by Ordinance No. 5442, the City Council adopted a redevelopment plan for the Stadium Redevelopment Project
("Stadium Project"); and
WHEREAS, the "Existing Plans" consist of the Redevelopment Plans, as amended, prepared for the Alpha Project, River Valley Project, Plaza Project,
Commercial/Industrial Project, West Anaheim Project, and the Stadium Project, and the territory included within the Existing Plans is referred to as the
"Project Areas"; and
WHEREAS, the City Council amended the Existing Plans to merge the Project Areas into a single project area referred to herein as the "Merged Project
Area" to allow the combining of tax increment revenues from the Merged Project Area to be allocated among the entire Merged Project Area by Ordi-
nance Nos. 5913, 5914, 5915, 5916, 5917, and 5918, adopted on May 25, 2004; and
WHEREAS, the California legislature enacted Senate Bill 1096 in 2004 ("SB 1096"), which requires, for fiscal years 2004-05 and 2005-06, each redevelop-
ment agency to remit a portion of tax increment revenue otherwise receivable by such agency to the Educational Revenue Augmentation Fund ("ERAF")
for the county in which such agency is located; and
WHEREAS, SB 1096 also allows a redevelopment agency which remits tax increment to the appropriate county ERAF in accordance therewith, to ex-
tend the effectiveness of certain redevelopment plans and the time limit to receive property tax increment by one year for each year in which such agen-
cy remits the applicable tax increment funds to the county ERAF, upon making certain findings and giving public notice of such amendment, as further
set forth in Health and Safety Code section 33333.2(d) and 33333.6(e); and
WHEREAS, the Agency remitted the required amount of tax increment to the Orange County ERAF for fiscal year 2004-05 on May 10, 2005, pursuant to
SB 1096; and
WHEREAS, the City, desires to adopt an ordinance extending the effectiveness of each of the Alpha, River Valley, and Stadium Redevelopment Plans
by one year, and extending the last date to receive tax increment for repayment of indebtedness applicable to each of the Alpha, River Valley, and Stadi-
um Redevelopment Plans by one year, by an amendment adopted pursuant to SB 1096 (the "Amendment"); and
WHEREAS, the City has reviewed evidence of compliance of the River Valley and Anaheim Stadium Redevelopment Plans with (i) the requirements of
Health and Safety Code sections 33334.2 and 33334.6, as applicable, regarding the set-aside of twenty percent(20%) of tax increment revenue into a
Low and Moderate Income Housing Fund; and (ii) the requirement for adoption of implementation plans in accordance with the requirements of Health
and Safety Code Section 33490, and (iii) the requirements of Health and Safety Code section 33413, subdivisions(a)and (b), and (iv) the requirements
of Health and Safety Code section 33334.12 regarding the expenditure of Low and Moderate Income Housing Fund monies within the time frames speci-
fied therein, and finds that the River Valley Redevelopment Plan and Anaheim Stadium Redevelopment Plan are in compliance with all such statutory re-
quirements; and
WHEREAS, the City has reviewed evidence regarding the source of funds used to make the 2004-05 payment to the Orange County ERAF pursuant to
Health and Safety Code Section 33681.12 and the uses as to which such funds would have been made had such payment to the Orange County ERAF
not been required, and finds that the funds used to make such payment pursuant to Section 33681.12 would otherwise have been used to pay the costs
of projects and activities necessary to carry out the goals and objectives of the River Valley, Anaheim Stadium, and Alpha Redevelopment Plans; and
WHEREAS, pursuant to public notice mailed to each affected taxing entity at least thirty (30) days prior to the public hearing on the Amendment and
Ein a newspaper of general circulation at least ten (10) days prior to the public hearing on the Amendment, a full and fair public hearing has
been held on the Amendment and the City has considered all written and all oral comments and testimony relating thereto and has been fully advised
thereon; and
WHEREAS, the City has taken all other actions required by law to prepare and present the proposed Amendment; and
WHEREAS, the City Council approved the Amendment by adopting Ordinance No. 5973 on June 7, 2005; and
WHEREAS, Ordinance No. 5973 contained clerical errors which the City Council intends to correct by adopting this Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Amendment of Redevelopment Plans. The proposed Amendment, including all related documents, correspondence and transmit-
tals, copies of which are on file in the office of the City Clerk, is hereby approved, and the expiration dates for each of the Existing Plans and last dates
for receiving tax increment are as set forth below:
River Valley Redevelopment Plan
Expiration Date: November 29, 2020
Last Date to Receive Tax Increment: November 29, 2030
Anaheim Stadlum Redevelopment Pian
Expiration Date: August 9, 2025
Last Date to Receive Tax Increment: August 9, 2040
Alpha Redevelopment Plan
Expiration Date: July 19, 2010
Last Date to Receive Tax Increment: July 19, 2020
Section 2. Notice of Exemption Re: CEQA. Due to the nature of the Amendment, it was determined that the proposed Amendment did not quail-
ty as a project as defined by the California Environmental Quality Act (CEQA) and, therefore, a Notice of Exemption will be prepared. This deteruination
s based upon Section 15061 (b)(3) of the CEQA Guidelines, which states that possible exemptions from CEQA include that an "activity is covered by the
general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with
certainty that there is no possibil t that
the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." The
Amendment further constdutes a government fiscal activty with no commitment of funds to a specific project, which pursuant to CEQA Guidelines Sec-
tion 15378 (b)(4) is also exempt. Upon approval and adoption of this Ordinance, the City Council directs �ity staff to prepare a Notice of Exemption and,
in accurdance with CEQA Gwdelines Section 15062, to file the Notice of Exemption with the County Clerk of Orange County. All activities undertaken by
the Agency andlor the C7 pursuant to or in implementation of the Amendment shall be undertaken in accordance with the mitigation measures and mon
-
toring prog am within the Final Environmental Impact Report prepared in connection with the Existing Plans, and the Agency shall undertake such addi
tional environmental review or assessment as necessary under law at the time of the proposed implementation of such activities. _
Section 3. Repeal of Ordinance No, 3973. Ordinance No 5973 is hereby repealed
Section 4. Certification. The City Clerk is hereby directed to send a certified copy of this Ordinance to the Agency, whereupon the Agency is vest-
ed with the responsibility for carrying out the Amendment.
Section S. Partial Invalidity, SeverabllHy. 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 S. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after adoption.
THE FOREGOING ORDINANCE WAS INTRODUCED AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
HELD ON THE FOURTEENTH (t14 DAY OF JUNE, 2005, AND THEREAFTER PASSED AND ADOPTED AT A REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF ANAHEIM HELD ON THE TWENTY-FIRST (215T) DAY OF JUNE, 2003, BY THE FOLLOW-
ING ROLL CALL VOTE:
AYES: Mayor Pringle, Council Members Sldhu, Galloway, Chavez, Hernandez
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF ANAHEIM
By: SS/Mayor Curt Prinyle
MAYOR OF THE CITY OF ANAHEIM