2004-228
RESOLUTION NO.
2004- 228
A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AND REDEVELOPMENT AGENCY OF THE
CITY OF ANAHEIM ADOPTING COUNCIL POLICY NO. 220
AND A REDEVELOPMENT AGENCY POLICY RELATING TO
THE USE OF EMINENT DOMAIN
WHEREAS, the City Council and Redevelopment Agency of the City of Anaheim have
heretofore determined that it is convenient or desirable to adopt policies from time to time to serve as
guidance to the City Council, Redevelopment Agency, staff and the public in certain matters within
the jurisdiction of the City Council and Redevelopment Agency, which City Council policies are
memorialized, published and maintained by the City in a document entitled "Council Policy
Manual"; and
WHEREAS, such policies serve as general guidance and direction unless otherwise waived
by formal action of the City Councilor Redevelopment Agency; and
WHEREAS, state law limits the use of eminent domain to the acquisition of property
interests for public uses but does not prohibit the transfer of property interests so acquired to third
parties; and
WHEREAS, the City Council and Redevelopment Agency desire to express their intentions
that neither the City Council nor Redevelopment Agency shall use the power of eminent domain to
acquire certain property interests for the purpose of transferring such property interests so acquired to
certain private third parties, except where waived or under such circumstances as are otherwise set
forth in the policy.
NOW, THEREFORE, BE IT JOINTLY RESOLVED BY THE CITY COUNCIL AND
REDEVELOPMENT AGENCY OF THE CITY OF ANAHEIM AS FOLLOWS:
SECTION 1.
That new City Council Policy No. 220, and a policy of the Redevelopment Agency be, and
the same are, hereby adopted to read as follows:
"Except as otherwise provided herein, it is the policy of the City of Anaheim
that the power of eminent domain not be used by the City Councilor Redevelopment
Agency to acquire property from private parties, for the express and immediate
purpose of conveying such property to any other private person or entity for
commercial uses, when there is no public purpose for the acquisition except the
generation or increase of sales tax or property tax revenues to the City. This policy
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shall not preclude acquisitions for transfer of property or property interests to a
governmental entity or regulated public utility for public purposes, or a trust or other
organization which holds, maintains, or develops property for environmental
mitigation, preservation, park and recreational uses, or affordable housing.
This policy shall not apply to remnant parcels resulting from property
acquisitions for public projects, or acquisitions whose purpose is the alleviation,
mitigation, or elimination of potential impacts caused by acquisitions by the City or
Redevelopment Agency of other private property for public purposes.
This policy may be waived with regard to any proposed acquisition by the
vote of a majority of the total membership of the City Councilor Redevelopment
Agency. Adoption of a resolution of necessity on any given property shall be deemed
a waiver of this policy in the absence of an express vote hereon."
SECTION 2.
The City Clerk is hereby directed to memorialize this policy in the City Council Policy
Manual.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City
of Anaheim this 16 day of November ,2004, by the following roll call vote:
AYES:
Mayor Pringle, Council Members Chavez, Tait
NOES:
Council Member McCracken
ABSENT: None
ABSTAIN: Council Member Hernandez
CITY OF y?HE'1 A
By MAY~ cI~AHE~
A~
CITY CLERK OF THE CITY OF ANAHEIM
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