2005-238RESOLUTION N0. 2045-238
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
FINDING AND DETERMINING THAT A PROJECT AREA COMMITTEE
NEED NOT SE FORMED IN RELATION TO THE PROPOSED
AMENDMENT OF THE ANAHEIM MERGED PROJECT AREA
THROUGH AMENDMENTS TO THE CONSTITUENT EXISTING
REDEVELOPMENT PLANS FOR THE ALPHA, RIVER VALLEY, PLAZA,
COMMERCIALIINDUSTRIAL, AHD A PORTION OF
THE WEST ANAHEIM REDEVELOPMENT PROJECT AREAS
WHEREAS, on July 19,1913, 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 ("Alpha Project") and subsequently amended the redevelopment plan
eight times to modify land uses, amend relocation policies, establish a tax increment limit,
establish time limits in compliance with Assembly Bill 1290 ("AB 1290"), Senate Bill 1045 ("SB
~~.. 1045"), and Senate Bill 1096 ("SB 1096"), and merge with the existing redevelopment project
areas in the City of Anaheim ("City'); 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 the redevelopment plan six times to modify land uses, establish time
limits in compliance with AB 1290 and SB 1096, and merge with the existing redevelopment
project areas in the City; 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 the redevelopment plan three times to establish time limits in compliance with AB 1290
and SB 1045, and merge with the existing redevelopment project areas in the City; 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 three times to add
territory to the project area, including renaming the project area the West Anaheim Commercial
Corridor Redevelopment Project ("West Anaheim Project"}, and establish time limits in
compliance with AB 1290 and SB 1045, and merge with the existing redevelopment project
areas in the City; and
WHEREAS, on December 21,1993, by Ordinance No. 5415, the City Council adopted a
redevelopment plan for the CommerciaUlndustrial Redevelopment Project ("Commerciall
Industrial Project")and subsequently amended the redevelopment plan three times to establish
time limits in compliance with AB 1290 and SB 1045, and merge with the existing redevelopment
project areas in the City; and
F:ID0CSI~VSVCSIRES0LUTMSRR5C07AAmendment 2005 2.D0C
WHEREAS, on August 9,1994, by Ordinance No. 5442, the City Council adopted a
redevelopment plan for the Stadium Redevelopment Project ("Stadium Project') and
subsequently amended the redevelopment plan two times to establish time limits in compliance
with SB 1096 and merge with the existing redevelopment project areas in the City; and
WHEREAS, on May 24, 2004, by Ordinance Nos. 5913, 5914, 5915, 5916, 5917 and
591 S, the City Council adopted the amendments to the Redevelopment Plans to merge
("Merged Plans") the Alpha Project, River Valley Project, Plaza Project, West Anaheim Project,
CommerciaUlndustrial Project and the Stadium Project areas ("Merged Project Area");and
WHEREAS, the "Affected Plans" from the Merged Project Area consist of the
Redevelopment Plans, as amended, prepared for the Alpha Project, River Valley Project, Plaza
Project, CommerciaUlndustrial Project, and the Brookhurst Area of the West Anaheim Project
and the territory included within the Affected Plans is referred to as the "Affected Project Areas";
and
WHEREAS, the Anaheim Redevelopment Agency ("Agency") is vested with the
responsibility to carry out the Merged Plans, inclusive of the Affected Plans; and
WHEREAS, the Agency desires to amend the Affected Plans ("Amendments") as
consolidated in the Amended and Restated Redevelopment Plan for the Anaheim Merged
Redevelopment Project ("Amended and Restated Redevelopment Plan") in accordance with
Section 33333.10(a)(1) and (2) of the Community Redevelopment Law (Health and Safety Code
Section 33000 of seq.; "CRL") to extend the time limits on plan effectiveness and the repayment
of indebtednesslreceipt of tax increment revenues by 10 years in order to eliminate existing
blighting conditions and increase and improve affordable housing opportunities; and
WHEREAS, CRL Section 33385 requires that a Project Area Committee (PAC) be
formed if:
(1) 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; or
(2) 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 [33385]; 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
F:IDOCSIDEVSVCSIRESOLUTNISRR5C07AAmendment 2005 2,DOC
would do either of the following:
(1) 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, as to the Affected Project Areas, based on the criteria in CRL Section
33385.3 a determination needs to be made by the City Council as to the need to form a PAC for
the proposed Amendments; and
WHEREAS, the Alpha Project, Plaza Project, River Valley Project, Brookhurst Area of
.~ the West Anaheim Project, and Commercialllndustrial Project do not currently contain the
authority to use eminent domain because the authority has expired; and
WHEREAS, the proposed Amendments do not propose to and will not grant or renew
additional eminent domain authority within the Affected Project Areas or add territory to the
Affected Project Areas.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
HEREBY RESOLVE, FIND AND DETERMINE AS FOLLOWS:
Section 1. In recognition of the Agency's lack of existing authority to use eminent
domain in the Affected Project Areas pursuant to the Affected Plans, and the fact that the
proposed Amendments will not grant additional authority to acquire by eminent domain ar add
territory to the Affected Project Areas, a Project Area Committee need not be formed in
connection with the proposed Amendments.
Sectlon 2. As a means of complying with other requirements of CRL Sections 33385
and 33385.3 and the requirements of CRL Section 33333.11(d), the City Council directs that
Agency staff meet with residents, property owners, business owners, and existing civic and
business organizations, as appropriate, to consult with and obtain the advice of residents,
property owners, businesses and members of those organizations on the proposed
Amendments.
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THE FOREGOING RESOLUTION IS PASSED, APPROVED AND ADOPTED BY THE CITY
COUNCIL OF THE CITY OF ANAHEIM THIS TWENTIETH (20TM) DAY OF DECEMBER, 2005,
BY THE FOLLOWING ROLL CALL VOTE:
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez
NOES: None
ABSTAIN: None
ABSENT: None
MAYOR
ATTEST:
C' Cierk
AS TO FO
:•.. E, C ATTO
`John E. Woodhead, IV
Assistant City Attorney
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