Loading...
6182CITY OF ANAHEIM ORDINANCE NO. 6182 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ELIMINATING THE TIME LIMIT ON ESTABLISHMENT OF LOANS, ADVANCES AND INDEBTEDNESS WITH RESPECT TO THE PLAZA PROJECT AS A CONSTITUENT SUBAREA OF THE ANAHEIM MERGED PROJECT; AND MAKING OTHER FINDINGS IN CONNECTION THEREWITH WHEREAS, the Anaheim Redevelopment Agency ("Agency") is a community redevelopment agency duly created, established and authorized to transact business and exercise its powers, all under and pursuant to the California Community Redevelopment Law (Part 1 of Division 24, Section 33000, et seq., of the Health & Safety Code ("CRL"); and WHEREAS, the City of Anaheim ("City") is a California municipal corporation and charter city exercising powers under the laws of the State of California; and WHEREAS, the City Council ("City Council") of the City of Anaheim ("City") is the legislative body of the Agency pursuant to the CRL; and WHEREAS, on July 19, 1973, by Ordinance No. 3190, the City Council approved and adopted a redevelopment plan for the Alpha Redevelopment Project ("Alpha Project") and subsequently amended such redevelopment plan by Ordinance No. 3567 on July 20, 1976, Ordinance No. 3631 on November 30, 1976, Ordinance No. 4300 on January 12, 1982, Ordinance No. 4786 on December 16, 1986, Ordinance No. 5468 on December 13, 1994, Ordinance No. 5895 on December 16, 2003, and Ordinance No. 5899 on January 27, 2004 to modify land uses, amend relocation policies, establish a tax increment limit, delete the time limit to incur debt, and establish time limits in compliance with Assembly Bill 1290 ("AB 1290") and Senate Bill 1045 ("SB 1045"), Senate Bill 211 ("SB 211"), and Senate Bill 53 ("SB 53"); and WHEREAS, the Alpha Project was also amended to merge with the other existing redevelopment project areas in the City ("Anaheim Merged Project") and to establish time limits in accordance with Senate Bill 1096 ("SB 1096") and Section 33333.10 of the CRL as described below; and WHEREAS, on November 29, 1983, by Ordinance No. 4463, the City Council adopted a redevelopment plan for the River Valley Redevelopment Project ("River Valley Project") and subsequently amended such redevelopment plan by Ordinance No. 5091 on February 6, 1990, Ordinance No. 5467 on December 13, 1994, Ordinance No. 5751 on December 19, 2000, Ordinance No. 5895 on December 16, 2003, and Ordinance No. 5899 on January 27, 2004 to modify land uses, delete the time to incur debt, and establish time limits in compliance with AB 1290, SB 211, and SB 1045; the River Valley Project was subsequently amended to merge with the other existing redevelopment project areas as a part of the Anaheim Merged Project in the City and to establish time limits in accordance with SB 1096 and Section 33333.10 of the CRL as described below; and WHEREAS, on June 12, 1990, by Ordinance No. 5136, the City Council adopted a redevelopment plan for the Plaza Redevelopment Project ("Plaza Project") and subsequently amended such redevelopment plan by Ordinance No. 5465 on December 13, 1994 and Ordinance No. 5895 on December 16, 2003 to establish time limits in compliance with AB 1290 and SB 1045; the Plaza Project was subsequently amended to merge with the other existing redevelopment project F:\Docs\DEVSVCS\STAFFREP\Ordinance Eliminating the timelimit to incur debt for Plaza Project Area -DOC areas as a part of the Anaheim Merged Project in the City and to establish time limits in accordance with Section 33333.10 of the CRL as described below; and WHEREAS, on December 7, 1993, by Ordinance No. 5412, the City Council adopted a redevelopment plan for the Brookhurst Commercial Corridor Redevelopment Project (`Brookhurst Area") and subsequently amended the redevelopment plan to add territory to the project area ("Added Area") and to rename the project area the West Anaheim Commercial Corridor Redevelopment Project ("West Anaheim Project") by Ordinance No. 5637 on June 23, 1998 and Ordinance No. 5466 on December 13, 1994 and Ordinance No. 5895 on December 16, 2003 to establish time limits in compliance with AB 1290 and SB 1045; the West Anaheim Project was subsequently amended to merge with the other existing redevelopment project areas as a part of the Anaheim Merged Project in the City and the Brookhurst Area was subsequently amended to establish time limits in accordance with Section 33333.10 of the CRL as described below; and WHEREAS, on December 21, 1993, by Ordinance No. 5415, the City Council adopted a redevelopment plan for the Commercial/Industrial Redevelopment Project ("Commercial/Industrial Project") and subsequently amended the redevelopment plan by Ordinance No. 5464 on December 13, 1994 and Ordinance No. 5895 on December 16, 2003 to establish time limits in compliance with AB 1290 and SB 1045; the Commercial/Industrial Project was subsequently amended to merge with the other existing redevelopment project areas as a part of the Anaheim Merged Project in the City and to establish time limits in accordance with Section 33333.10 of the CRL as described below; and WHEREAS, on August 9, 1994, by Ordinance No. 5442, the City Council adopted a redevelopment plan for the Stadium Redevelopment Project ("Stadium Project"); the Stadium Project was subsequently amended to establish time limits in compliance with SB 1096 and to merge with the other existing redevelopment project areas as a part of the Anaheim Merged Project in the City as described below; and WHEREAS, on May 25, 2004, by Ordinance Nos. 5913, 5914, 5915, 5916, 5917 and 5918, the City Council adopted amendments to all of the existing redevelopment project areas, including the Alpha Project, River Valley Project, Plaza Project, West Anaheim Project, Commercial/Industrial Project, and the Stadium Project, to merge all such constituent and component project areas into the Anaheim Merged Project; and WHEREAS, the City Council amended the Alpha Project, River Valley Project, and Stadium Project constituent subareas by Ordinance No. 5973 on June 7, 2005 (as amended nunc pro tunc by Ordinance No. 5979 on June 21, 2005) and Ordinance No. 6028 on July 25, 2006 to establish time limits in compliance with SB 1096; and WHEREAS, on September 12, 2006, by Ordinance No. 6034, the City Council approved and adopted the "Amended and Restated Redevelopment Plan for the Anaheim Merged Redevelopment Project" ("Redevelopment Plan") as the official redevelopment plan for the Anaheim Merged Project and amended the Alpha Project, River Valley Project, Plaza Project, Commercial/Industrial Project, and the Brookhurst Area of the West Anaheim Project constituent subareas to extend the time limit on effectiveness thereof by ten (10) additional years pursuant to Section 33333.10(a)(1) and (2) of the CRL; and 2 DOCSOC/ 1413181 v2/022621-0000 WHEREAS, the redevelopment plans for the Alpha Project, River Valley Project, Plaza Project, West Anaheim Project, Commercial/Industrial Project, and Stadium Project constituent subareas have been adopted and thereafter amended in compliance with all applicable requirements of the CRL and, as merged together, comprise the Redevelopment Plan for the Anaheim Merged Project; and WHEREAS, CRL Section 33333.6(e)(2)(B) was amended by the California legislature in 2001, effective January -1, 2002, to provide that as to redevelopment plans originally adopted pre -January 1, 1994 the city council as the legislative body of an agency may enact an ordinance eliminating the time limit on incurring indebtedness formerly required by CRL Section 33333.6, and to further provide that such ordinance may be adopted without compliance with CRL Section 33354.6 or Article 12 of the CRL, except that the redevelopment agency must begin making certain payments of portions of tax increment to affected taxing entities required by CRL Section 33607.7 commencing from the time an agency reaches the eliminated date to incur debt previously set forth in the redevelopment plan; and WHEREAS, the time limit to incur debt as to the Plaza Project constituent subarea of the Anaheim Merged Project in the Redevelopment Plan is June 13, 2010 and pursuant to CRL Section 33333.6(e)(2)(B) such limitation may be eliminated by ordinance of the City Council and such ordinance may be adopted without compliance with CRL Section 33354.6 or Article 12 of the CRL, except that the Agency must commence making, if not already being made, certain payments of portions of tax increment to affected taxing entities required by CRL Section 33607.7 commencing on reaching the date theretofor eliminated as to the applicable constituent subarea in the Redevelopment Plan; and WHEREAS, the enactment of this Ordinance is exempt from the California Environmental Quality Act (Public Resources Code Section 21000, et seq.) ("CEQA") pursuant to CEQA Guidelines Section 15378(b)(4) (California Code of Regulations Section 15378(b)(4)) because it is a fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. NOW THEREFORE, the City Council of the City of Anaheim hereby ordains as follows: 1. The time limit of June 13, 2010 to incur debt as to the Plaza Project set forth in the Redevelopment Plan is hereby eliminated. 2. As the legislative body of the Agency, the City Council hereby authorizes the Agency to incur indebtedness and any other obligations pursuant to the Redevelopment Plan with respect to the Plaza Project constituent subarea of the Anaheim Merged Project in accordance with all remaining provisions thereof and at any time during the period that the Plaza Project remains effective as set forth in such Redevelopment Plan. 3. Except with respect to the amendment set forth herein, the Redevelopment Plan for the Anaheim Merged Project is and shall remain unchanged and in full force and effect in accordance with its terms. 4. The City Clerk is hereby authorized and directed to file a Notice of Exemption with the County of Orange pursuant to CEQA Guidelines Section 15062. 3 DOCSOC/1413181 v2/022621-0000 INTRODUCED AND FIRST READ AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ANAHEIM HELD THE 24TH DAY OF AUGUST, 2010, AND THEREAFTER PASSED AND ADOPTED AT A REGULAR MEETING OF SAID CITY COUNCIL HELD THE 31sT DAY OF AUGUST, 2010, BY THE FOLLOWING ROLL CALL VOTE: AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Kring NOES: NONE ABSENT: NONE ABSTAIN: NONE CITY OF ANAHEIM By: Mayor ATTEST: LIND N. DAL, TY CLE Lin a N. Andal APPROyfD AS TO FORM: CRIST4NA TAIILEY, CITY ATTORNEY John . Woodhead IV Assistant City Attorney 4 DOCSOC/ 1413181 v2/022621-0000 SEP -03-2010 11:03 ORANGE COUNTY REGISTER SUMMARY PUBLICATION CITY OF ANAHEIM ORDINANCE NO. 6182 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ELIMINATING THE TIME LIMIT ON ESTABLISHMENT OF LOANS, ADVANCES AND INDEBTEDNESS WITH RESPECT TO THE PLAZA PROJECT AS A CONSTITUENT SUBAREA OF THE ANAHEIM MERGED PROJECT: AND MAKING OTHER FINDINGS IN CONNECTION THEREWITH. The Anaheim Redevelopment Agency (Agency) adopted the Placa Prolet. Area on June 13, 1990. In May 2005, the Plaza Proiact Area was nmrged with sbt other redevelop- ment project areas to farm the "Anaheim Merged Redevel- opment Project Area." In 2006, under Senate Bit 211, the City Council and Agency adopted an amendment rx¢ending the effectiveness of the Plaza Constituent Subarea of the Anaheim Merged Redevelopment Project Area by 10 years, until June 2038. The time emit to incur debt for the Plaza Constituent Subarea expired an June 13, 2010. California Community Redevelopment Law Section 33333.6(e)(2)(B), allows the CIN Counca, as the legislative body of the Agency, to enact an ordinance eliminating the time limit on incurring indebt- adness for project areas. Ordinance 6182 eliminates the time limit on establishment of loans, advances and indebtedness with respect to the Plaza Project as a Constituent Subarea of the Anaheim Merged Redevelopment Project. This amendment allows the Agen- cy to incur debt in the Plaza Constituent Subarea effec6eiy until its expiration in June 2036. i, Linda N. Andal, City Clerk of the CIN of Anaheim, do here- by certify that the foregoing is a summary of Ordinance No. 6182 which ordinance was introduced at a regular meeting of the City Council of the City of Anaheim on the 24h day of August, 2010 and was duly passed and adopted at a regu- lar meeting of said Council on the 31st day of August, 2010 by the following roll Dail vote of the members thereof AYES: Mayor Pringdle, Council Members Sidhu, Hernandez, Galloway, Kr6rg NOES: NONE ABSENT: NONE ABSTAIN: NONE The above summary is a brief description of the subject matter contained in the text of Ordinance No. Bt62, which has been prepared pursuant to Section 512 of the Charter of the City of Anaheim. This summary does not include or de- scribe every provision of the ordinance and should not be relied on as a substihrte for thefull text of the ordinance. To obtain a copy of the full Lino of the ordinance, please contact the Office of the Cay Clerk, (714) 7655.5166. between 8:00 AM and 5:00 PM, Monday through Friday. There is no charge for the copy. Publish: Orange County Register September 9, 2010 R-1450 714 796 3622 P.02 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 Orange County Register, a newspaper of general circulation, published in the city of Santa Ana, County of Orange, and which newspaper has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of 1/18/52, Case No. A-21046, 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: September 9, 2010 "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: September 9, 2010 Signature The Orange County Register 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-7000 ext. 2209 PROOF OF PUBLICATION Proof of Publication of SUMMARY PUBLICATION CITY OF ANAHEIM ORDINANCE NO. 6182 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ELIMIINFATING THE TIME LIMIT ON NDEBTEDNESSTW[tH REESApE&r TADVANCES THE LAZA ANAHEIPROJECM AMERGEDS PROJECT; AND OF THE MA NG OTHER FINDINGS IN CONNECTION THEREWITH. The Anaheim Redevelopment q��cy {Agency) adopted the Plaza Project gree on June 13, 1990, In May 2005, the Plaza Project Area was merged with six other redevelop- opmento�eood�ffiieecofteareas ®• In 2form W8 under Senator9ed e BIA 24vthel &�d an amendment extq�d- t�e otfectivenesslannd �of the P� Constituent Subarea of the Anaheim Merged Redevelopment Project Area 10 until June 2038. � Years, The time limit to incur debt for the Plaza Constituent Subarea expired on June 13, 2010. California Community Redevelopment Law Section 33333.6(e)(2) (B), allows the City Council, as the legislativebody of the Agency, to enact an ordinance eliminating the time limit on incurring indebt- edness for project areas. Ordinance 6182 eliminates the time limit on establishment of loans, advances and indebtedness with respect to the Plaza Pro'ect as a Constituent Subarea of the Anatrepn ed Re velopmeM Pro�ecf This amendment allows theA-on- cy to incur debt In the Plaza Constituent Subarea effectFveh, until its expiration in June 2036. I, Linda N. Andal, City Clerk of the City of Anaheim, do here. by certify that the foregoing is a summary of Ordinance No. 61112 which ordinance was introduced at a regular meetingg of the City Council of the City of Anaheim on the 24h day of August, 2010 and was duiy passed mtd.edoPted et s a- lar meeting of said Cauncfl on the 31st day of August, X10 by the following roll call vote of the lnernbers thereof: AYES: Mayor Pringgle, Council Members Sidhu, NOES: NONE HNE dez, Galloway, Kring ABSENT:NONE ABSTAIN: NONE The above summary is a brief description of the subject matter has been contained repared pursuhe e t to Section of 512 No l512 of theCherterloof the City of Anaheim. This summery does not include or de. scribe every provision of the ordinance and should not be relied on as a substitute for the full text of the ordinance. To obtain a copy of the full text of the ordinance, please contact 6:00 AMthe Office of the City and 5:00 PM, Mondathrough )Fridday. Theretween is no charge for the copy. Publish: Orange County Register September 9, 2010 R-1450