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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. F:IDOCSIDEVSVCSIRESOLUTNISRR5C07AAmendmen12005 2.DOC 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 F.IDOCSIDEVSVCSIRESOLUTNISRRSCOTAAmendment 2005 2.DOC