6028ORDINANCE NO. 6028
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
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, 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 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 2005-06 on May 10, 2006, 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 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
7
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 Amendments.
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, 2021
Last Date to Receive Tax Increment: November 29, 2031
Anaheim Stadium Redevelopment Plan
Expiration Date: August 9, 2026
Last Date to Receive Tax Increment: August 9, 2041
Alpha Redevelopment Plan
Expiration Date: July 19, 2011
Last Date to Receive Tax Increment: July 19, 2021
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,
3
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. 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 4. 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 5. 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 ELEVENTH
(11TH) DAY OF JULY, 2006, AND THEREAFTER PASSED AND ADOPTED AT A
REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ANAHEIM HELD
ON THE TWENTY-FIFTH (25TH) DAY OF JULY, 2006, BY THE FOLLOWING
ROLL -CALL VOTE:
AYES: Mayor Pringle, Council Members Sidhu, Chavez, Hernandez, Galloway
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF AHEIM
#0
By: Z:V1 -
MAYOR OF THE CIT O NAHEIM
ATTEST:
TY CLE OF HE CITY OF ANAHEIM
61980.1
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:
July 20, 2006
"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: July 20, 2006
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 Stamp
Proof of Publication of
Paste Clipping of
Notice
SECURELY
In This Space
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:
August 3, 2006
"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: August 3, 2006
n j
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714)796-2209
PROOF OF PUBLICATION
ORDINANCE NO. 6028
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE REDEVELOPMENT PLAN AMEND-
MENTS TO EXTEND BY ONE YEAR THE I-ECTIVENESS OF THE REDEVELOPMENT PLAN AND THE TIME LIMIT FOR
THE RECEIPT OF PROPERTY TAX INCR 'T FOR THE MERGED PROJECT AREA
WHEREAS, the Anaheim Redevelopment Agency ("Agenc ') is a community redevelopment agency organized and ex-
isting 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 es-
tablish 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 Re-
development 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 Redevel-
opment 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/Industriaf 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 Pro'ect, Commercial/Industrial Project, West Anaheim Project, and the Stadium Project, and the terri-
tory inclu�ad within the rxisting Plans is referred to as t�e "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, 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 redevelopment agency to remit a pportion 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 E F,
upon makingg certain findings and giving public notice of such amendment, as further set forth in Health and Safety Code
section 3.2(d) and 33333.6(e); and
WHEREAS, the Agency remitted the required amount of tax increment to the Orange County ERAF for fiscal year 2005-
06 on May 10, 2006, 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 indebt-
edness 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
an with (i) the requirements of Health and Safety Code sections 33334.2 and =364 .b, as applicable, regarding the set-
aside of twenty percent (20%) of tax increment revenue into a Low and Moderate Income Housing Fund; and (n) the re-
quirement 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 g uire-
ments of Health and Safety Code section 33334.12 regarding the expenditure of Low and Moderate Income Housing Fund
monies within the time frames specified therein, and finds that the Rver 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 200405 payment to the Or-
ange 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 pa the costs of projects and activi-
ties 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 Amendments.
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, 2021
Last Date to Receive Tax Increment: November 29, 2031
Anaheim Stadium Redevelopment Plan
Expiration Date: August 9, 2026
Last Date to Receive Tax Increment: August 9, 2041
Alpha Redevelopment Plan
Expiration Date: July 19, 2011
Last Date to Receive Tax Increment: July 19, 2021
Section 2. Notice of Exemption Re: CEQA. Due to the nature of the Amendment, it was determined that the pro-
posed Amendment did not qualify as a project as defined by the California Environmental Quality Act (CEQA) and, there-
ore
here-
fore, a Notice of Exemption will be prepared. This determination is based upon Section 15061 (b)(3) of the CEQA Guide-
lines, which states that possible exemptions from CEQA include that an "activity is covered by the general rule that CEOA
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 possibifit 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 un-
dertaken by the Agency and/or the City pursuant to or in implementation of the Amendment shall be undertaken in ac-
cordance with the mitigation measures and mondodng 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. 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 4. 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 ap-
proved 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 ELEVENTH (11TH) DAY OF JULY, 2006, AND THEREAFTER
HELD ON THE TWENTY-FIFTH REGULAR
OF E MEETING
Y, 2006 BYTHE ITHE FOLLOWING ROLL -TY COUNCIL OF THE C
ALL LL VOTE.
MEIM
AYES: Mayor Pringle, Council Members Chavez, Sidhu,
Hernandez, Galloway
NOES: None
ABSENT: None
ABSTAIN: None CITY OF ANAHEIM
By: /s/ Curt Pringle, MAYOR OF THE CITY OF ANAHEIM
Publish: Anaheim Bulletin Auaust 3 2006 25-669/ 8109865