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R 3195 .. . RESOLUTION NO. 3195 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE FINDING AND DETERMINING THAT A PROJECT AREA COMMITTEE NEED NOT BE FORMED IN RELATION TO ADOPTION OF THE REDEVELOPMENT PLAN PREPARED FOR THE PROPOSED 'ARROYO GRANDE REDEVELOPMENT PROJECT WHEREAS, by resolution, and in accordance with the California Community Redevelopment Law ("CCRLn), Health and Safety Code 33000 et seq., the City of Arroyo Grande Planning Commission, selected and designated the boundaries of the proposed Arroyo Grande Redevelopment Project '("Project") , approved a preliminary redevelopment plan ("Preliminary Plan") including a map of the proposed Project Area ("Project Area") as an exhibit thereto, and submitted said Preliminary Plan to the Arroyo. Grande Redevelopment Agency ("Agency"); and WHEREAS, Section 33385 of the California Community Redevelopment Law (CCRL) requires. that the legislative body of a city call upon the residents and existing community organizations in a redevelopment project area to form a Project Area Committee (PAC) in either of the following situations: (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. (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; and WHEREAS, the Agency has adopted, by resolution, its policy related to the use of eminent domain to acquire property on which persons reside within the Project Area; and WHEREAS, the Agency's adopted policy concerning exercise of eminent domain in the Project Area ("Eminent Domain") states the following: 1, Within th~ Project Area the Redevelopment Plan ("Plan") shall not authorize the agency to acquire, by eminent domain, property on which any persons reside. For purposes of this policy, "property on which any persons reside" shall mean that a person resides at the property, with the expressed consent of the owner of such property, that the property is fit for residential use, or that the residential use on the property is a legally non-conforming use, as defined by the City of Arroyo Grande. ~'_.'~'~."'--- . , . .. RESOLUTION NO. 3195 PAGE 2 2. The Redevelopment Plan shall not contain authority for the Agency to implement public projects that will displace a substantial number of low-income or moderate-income persons, or both. f 3. The Agency may purchase, lease, obtain option upon or otherwise ~: acquire any interest in real property or personal property by gift, devise, exchange, purchase, or any other means aut~orized by law including the use of eminent domain, except to the exten~ otherwise set forth in Section 1 of this resolution. NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF ARROYO GRANDE DOES HEREBY RESOLVE AS FOllOWS: Section 1. In recognition of the Agency's adopted eminent domain policy, the City Council hereby finds and determines that formation of a PAC is not necessary with respect to the Project. Section 2. As a means of complying with other requirements of Section 33385 of the CCRl~ the City Council directs that Agency staff meet with residents and existing civic and business organizations, as appropriate, to discuss the Plan's development and to receive input from those parties. On motion of Council Member Runels , seconded by Council Member Toll~ , and on the following roll call vote, to wit: A yes: Council Members Runels, Tolley, Fuller, Lady, and Mayor Dougall . Noes: None Absent: None the foregoing resolution was passed and adopted this 14th day of January, 1997. li~ \:,.: ,..-, :i;! ~ . RESOLUTION NO. 3195 PAGE 3 ATTEST: APPROVED AS TO FORM: .. APPROVED AS TO CONTENT: ~lPrL.K~ ROBERT L. HUNT, CITY MANAGER I, NANCY A. DAVIS, City Clerk of the City of Arroyo Gr.ande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury that the foregoing Resolution No. 3195 is a true, full, and correct copy of said Resolution passed and adopted this 14th day ofJanuarv I 1997. W'TNESSmy hand and the Seal of the City of Arroyo Grande, affixed this _ .1.6.tbday of Januarv I 1997. I I ~~~~ ! .