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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 PUBL: 19519211591B2621.40 11/22/94 L 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 PUBL:19519 211591B2621.40 2 11/22/94 I 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. PUBL:19519 211591 B2621.40 3 11/22/94 I 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. PUBL:19519 211591B2621.40 4 11/22/94 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 L 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. k�L a -�� S�Z� 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. —)� '�LL� CITY CLERK OF THE CITY OF ANAHEIM EXHIBrr •A• Brockhurat Commercial Conldor Redevelopment Pro)aet REDEVELOPM 47 Cr AN .AP R Residential CG General Corm wcfaf CP Cormmdal Ackssiooaf Gr GwmW rndlrsbfal P Pubde 0 Aflenlate use A W)UMaerrmmsx P, *Wwn clomw ~ nwwe rrxsoAan H toxo towAet o� �� � ���" U AW ab Eraiaft Redevelopment Plan &ookhurst Cummer W Corridor Redevelopment Prosed Area