HomeMy WebLinkAboutCC Reso No 2008-106
RESOLUTION NO. 2008-106
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE FINDING AND DETERMINING THAT A PROJECT AREA
COMMITTEE NEED NOT BE FORMED IN RELATION TO THE PROPOSED
AMENDMENTS TO THE REDEVELOPMENT PLANS FOR RANCHO
LAGUNA REDEVELOPMENT PROJECT AREAS NO. I, NO. II AND NO. III
WHEREAS, the Lake Elsinore 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, commencing with Section 33000, of the Health and Safety Code
of the State of California ("CRL"); and
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WHEREAS, the Agency is engaged in activities necessary and appropriate to carry
out the Redevelopment Plans ("Redevelopment Plans") for the Lake Elsinore Rancho
Laguna Redevelopment Project Areas No. I, No. II and No. III ("Project Areas") which were
adopted by the Agency's legislative body, the City Council of the City of Lake Elsinore
("City Council"), by Ordinance No. 607 on September 23, 1980 and thereafter amended by
Ordinance No. 624 on July 20, 1981, and Ordinance No. 1249 on February 26, 2008
(Project Area No. I), by Ordinance 671 on July 18, 1983 and thereafter amended by
Ordinance No. 987 on November 8, 1994 and Ordinance No. 1249 on February 26, 2008
(Project Area No. II), and by Ordinance No. 815 on September 8, 1987 and thereafter
amended by Ordinance No. 987 on November 8, 1994 and Ordinance No. 1249 on
February 26,2008 (Project Area No. III); and
WHEREAS, the Agency desires to amend the Redevelopment Plans for Project
Areas No. I ("Fourth Amendment"), No. II ("Third Amendment") and No. III ("Third
Amendment") collectively the "Amendments" pursuant to CRL Sections 33450-33458 to
incorporate into a single Amended and Restated Redevelopment Plan for each Project
Area No. I, No. II and No. III all prior amendments, update the provisions of each
Redevelopment Plan to reflect current CRL provisions, clarify and restate the time limits
and financial limits of each Redevelopment Plan, update the land use designations for
consistency with the City's General Plan as may be amended from time to time, and
improve the format and presentation of the Redevelopment Plans; and
WHEREAS, Section 33385 of the Community Redevelopment Law (CRL) 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;
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(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 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; and
WHEREAS, the Amended and Restated Redevelopment Plans: 1) do not include
the authority to acquire, by eminent domain, property on which any persons reside; 2) the
~ Proposed Public Improvements Maps included in the Amended and Restated
Redevelopment Plans have not been amended; and 3) the Proposed Public Improvements
Maps do not include any public projects that could cause the displacement of a substantial
number of low- moderate-income persons, or both.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
DOES HEREBY RESOLVE, ORDER AND DETERMINE AS FOLLOWS:
SECTION 1. The City Council hereby finds and determines that, because: 1) the
proposed Amendments as incorporated in the Amended and Restated Redevelopment
Plans will not contain authority for the Agency to acquire property by eminent domain; 2)
change any of the proposed public improvement projects; and 3) displace a substantial
number of low- and moderate-income persons, or both through implementation of the
public improvement projects, 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, and
existing civic and business organizations, as appropriate, to discuss the Amendments and
to receive input from residents and members of those organizations.
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SECTION 3. This Resolution shall take effect from and after the date of its passage
and adoption.
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PASSED, APPROVED, AND ADOPTED this 25th day of November, 2008, by the
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DARYL HICKMAN, MAYOR
CITY OF LAKE ELSINORE
APPROVED AS TO FORM:
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RBARA L~BOLD, CITY ATTORNEY
CITY OF LAKE ELSINORE
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STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LAKE ELSINORE
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) ss.
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I, Carol Cowley, Interim City Clerk of the City Council of the City of Lake Elsinore,
California, hereby certify that Resolution No. 2008-106 was adopted by the City Council of
the City of Lake Elsinore at a regular meeting held on the 25th day of November 2008, and
that the same was adopted by the following vote:
AYES: Mayor Daryl Hickman, Mayor Pro Tem Genie Kelley,
Council member Thomas Buckley, Council member Robert Magee,
Council member Robert Schiffner
NOES: None
ABSTAIN: None
ABSENT: None
a
CAROL COWLEY, INTER CITY CLERK
CITY OF LAKE ELSINORE
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