2004-004RESOLUTION NO. 2004-4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
FINDING AND DETERMINING THAT A PROJECT AREA COMMITTEE
NEED NOT BE FORMED IN RELATION TO THE PROPOSED
REDEVELOPMENT PLAN AMENDMENTS TO MERGE ALL OF THE
EXISTING REDEVELOPMENT PROJECT AREAS
WHEREAS, on July 19, 1973, by Ordinance No. 3190, the City Council of the City of
Anaheim ("City Council") approved and adopted a redevelopment plan for the Alpha
Redevelopment Project and subsequently amended the redevelopment plan five times to delete
territory from the project area, modify land uses, and establish fiscal and time limits in compliance
with AB 1290 and other provisions of the Community Redevelopment Law ("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 three times to modify land uses and establish time limits in compliance with AB
1290 ("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 to establish time limits in compliance with AB 1290 ("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 twice to add territory to the project area, including
renaming the project area the West Anaheim Commercial Corridor Redevelopment Project, and
establish time limits in compliance with AB 1290 ("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 to establish time limits in compliance with AB 1290
("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 Anaheim Redevelopment Agency ("Agency") is vested with the
responsibility to carry out the Existing Plans; and
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WHEREAS, the Agency desires to amend each of the Existing Plans ("Amendments") to
merge the Project Areas in order to combine the tax increment revenues from the Project Areas and
reallocate the revenues to and among the entire merged Project Area that will best facilitate the
revitalization of blighted areas through increased economic vitality and increase and improve
housing opportunities; and
WHEREAS, Section 33385 of the Community Redevelopment Law (CRL) requires that a
Project Area Committee (PAC) be formed iff
(a)
A substantial number of low income persons or moderate income persons, or both,
reside within the project area, and the redevelopment plan as adopted will contain
authority for the agency to acquire, by eminent domain, property on which any
persons reside;
(b)
The redevelopment plan as adopted contains one or more public projects that will
displace a substantial number of low income persons or moderate income persons, or
both; and
WHEREAS, CRL Section 33385.3 requires, in part:
(a)
If a project area committee does not exist, and the agency proposes to amend a
redevelopment plan, the agency shall establish a project area committee pursuant to
Section 33385 if the proposed amendment to a redevelopment plan would do either
of the following:
Grant the authority to the agency to acquire by eminent domain property on
which persons reside in a project area in which a substantial number of low
and moderate-income persons reside.
(2)
Add territory in which a substantial number of low and moderate-income
persons reside and grant the authority to the agency to acquire by eminent
domain property on which persons reside in the added territory.
WHEREAS, the Alpha Project Area, Plaza Project, and River Valley Project do not currently
contain the authority to use eminent domain; and
WHEREAS, the Stadium Project does not contain property on which persons reside in which
a substantial number of low and moderate income persons reside; and
WHEREAS, the Agency currently has eminent domain authority within the West Anaheim
Project and Commercial/Industrial Project which will not be impacted by the proposed Amendments;
and
WHEREAS, the proposed Amendments do not grant additional eminent domain authority
within the Project Areas or add territory to the Project Areas.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1. In recognition of the Agency's existing authority to use eminent domain in
portions of the Project Areas as described in the Existing Plans, the City Council hereby finds and
determines that, because the proposed Amendments are a merger for economic reasons only and will
not grant additional authority to acquire by eminent domain or add territory to the existing Project
Areas, a Project Area Committee need not be formed in connection with the proposed Amendments.
Section 2. As a means of complying with other requirements of CRL Sections 33385 and
33385.3, the City Council directs that Agency staff meet with residents, property owners, business
owners, and existing civic and business organizations, as appropriate, to discuss the Amendments
and to receive input from residents, property owners, businesses and members of those organizations.
THE FOREGOING RESOLUTION IS PASSED, APPROVED AND ADOPTED BY THE
CITY COUNCIL OF THE CITY OF ANAHEIM THIS l 3 ~ DAY OF
January ,2004.
MAYOR OF 'ANAHEIM
ATTEST:
SHERYLL SCHROEDER
~i~y Clerk' '
APPROVED AS TO FORM:
JACK L. WHITE,..CITY ATTORNEY
By:
As{i~tant City Attorney
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 2004-4 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 13th day of January 2004, by the following vote of the members
thereof:
AYES:
MAYOR/COUNCIL MEMBERS:
Pringle, Tait, McCracken, Hemandez
NOES: MAYOR/COUNCIL MEMBERS: None
ABSTAINED: MAYOR/COUNCIL MEMBERS:
None
ABSENT: MAYOR/COUNCIL MEMBERS: Chavez
~k ~AHEIM
(SEAL)