Loading...
HomeMy WebLinkAbout16 ORD 1333 & 1334 EMINENT DOMAIN-MCAS & SOUTH CENTRAL 04-03-07Agenda Item 16 Reviewed: ^� AGENDA PORT City Manager —Z0 f % 4x1 Finance Director N/A MEETING DATE: APRIL 3, 2007 TO: WILLIAM HUSTON, CITY MANAGER FROM: OFFICE OF THE CITY CLERK SUBJECT: ORDINANCE SECOND READING — REDEVELOPMENT AGENCY ACQUISITION OF REAL PROPERTY BY EMINENT DOMAIN IN THE MCAS TUSTIN AND SOUTH CENTRAL PROJECT AREAS (ORDINANCE NOS. 1333 AND 1334) SUMMARY: Adoption of the attached ordinances is required as a result of recent changes to California Redevelopment law. RECOMMENDATION: Have second reading by title only and adoption of Ordinance Nos. 1333 and 1334 (roll call vote) or action as necessary. FISCAL IMPACT: None. BACKGROUND: On, 2007, the City Council had first reading by title only and introduction of the following Ordinance: ORDINANCE NO. 1333 - An ordinance of the City of Tustin, California containing a description of the Tustin Community Redevelopment Agency's program to acquire real property by Eminent Domain in the South Central Redevelopment Project ORDINANCE NO. 1334 - An ordinance of the City of Tustin, California containing a description of the Tustin Community Redevelopment Agency's program to acquire real property by Eminent Domain in the MCAS -Tustin Redevelopment Project Maria R. Huizar Chief Deputy City Clerk ORDINANCE NO. 1333 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA CONTAINING A DESCRIPTION OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY'S PROGRAM TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN IN THE SOUTH CENTRAL REDEVELOPMENT PROJECT WHEREAS, the City Council of the City of Tustin, California ("City Council") adopted Ordinance No. 890 on August 1, 1983 (the "Original Project Area") approving and adopting the Redevelopment Plan for the South Central Redevelopment Project (the "Redevelopment Plan") and amended by Ordinance No. 939 on August 5, 1985 (Amendment No. 1) including adding new area to the Project Area (the "Added Area"), as further amended to date. The Original Project Area and the Added Area are hereinafter referred to as the "Project Area". The Redevelopment Plan was further amended on November 1, 1999 by Ordinance No. 1223 to re-establish the Agency's eminent domain authority in the Project Area for twelve years; and WHEREAS, the Tustin Community Redevelopment Agency ("Agency") has been designated as the official redevelopment agency in the City of Tustin to carry out the functions and requirements of the Community Redevelopment Law of the State of California (Health and Safety Code Section 33000 et seq.) and to implement the Redevelopment Plan; and WHEREAS, Sections 405.1 and 405.2 of the Redevelopment Plan contains Agency authority to acquire property by eminent domain; and WHEREAS, Section 33342.7 of the Health and Safety Code was added by Senate Bill 53, which took effect on January 1, 2007, and requires a legislative body that adopted a redevelopment plan containing eminent domain authority before January 1, 2007, to adopt an ordinance on or before July 1, 2007, containing a description of the agency's program to acquire real property by eminent domain; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. A description of the Agency's program to acquire real property by eminent domain is set forth in Exhibit A, attached hereto and incorporated herein by this reference. The Agency's program to acquire real property by eminent domain may be amended only by amending the redevelopment plan pursuant to Article 12 of the Community Redevelopment Law (commencing with Health and Safety Code Section 33450). Section 2. The City Clerk is hereby directed to send a certified copy of this Ordinance to the Agency. Ordinance No. 1333 Page 1 of 6 Section 3. If any part of this Ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portion of this Ordinance, and this City Council hereby declares that it would have passed the remainder of this Ordinance if such invalid portion thereof had been deleted. Section 4. The City Clerk will certify to the passage of this Ordinance by the City Council of the City of Tustin, California, and cause the same to be published once in the Tustin News, a newspaper of general circulation, published and circulated in the City of Tustin, and it will take effect thirty (30) days after its final passage. PASSED AND ADOPTED this - day of LOU BONE, Mayor ATTEST: PAMELA STOKER City Clerk Ordinance No. 1333 Page 2 of 6 2007 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) PAMELA STOKER, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance was passed and adopted at a regular meeting of the City Council held on the day of , 2007, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: PAMELA STOKER, City Clerk Ordinance No. 1333 Page 3 of 6 DESCRIPTION OF PROGRAM TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN FOR THE SOUTH CENTRAL REDEVELOPMENT PROJECT As provided in Sections 405.1 and 405.2 of the South Central Redevelopment Plan ("Redevelopment Plan"), it is in the public interest and is necessary in order to eliminate the conditions requiring redevelopment and in order to execute the Redevelopment Plan for the power of eminent domain to be employed by the Tustin Community Redevelopment Agency ("Agency") to acquire real property in the South Central Redevelopment Project Area ("Project Area"). This power is necessary because the Project Area is characterized by deteriorated wood structures with serious defects in foundations, walks, roofs, parking accommodations and driveways; contains a large concentration of low-income housing units with substandard pubic improvements; the area lacks public improvements, public facilities, and adequate utilities; the area encompasses private streets without dedication or public improvements; housing within the area is substandard and contains underdeveloped lots; the noise impact from freeway and lacks the amenities of drainage, street lights, sidewalks and landscaping and there is a lack of adequate traffic circulation caused by the dead-end of Newport Avenue at the Orange County Flood Control channel. In approving the Redevelopment Plan, the City Council found and determined that the condemnation of real property within the Project Area, as provided for in the Redevelopment Plan, is necessary to the execution of the Redevelopment Plan and adequate provisions have been made for the payment for any property that is acquired as provided by law. The Agency's power of eminent domain shall be exercised within the following limitations: 1. Eminent Domain proceedings, if used, to acquire property with the Project Area shall not be commenced after November 1, 2011. Commencement of an eminent domain proceeding occurs when a complaint in eminent domain is filed with the Court. 2. If the Agency has adopted a redevelopment plan but has not commenced an eminent domain proceeding to acquire any particular parcel of property subject to eminent domain thereunder within three years after the date of adoption of the plan, the owner or owners of the entire fee at any time thereafter may offer in writing to sell the property to the Agency for its fair market value. If the Agency does not, within 18 months from the date of receipt of the original offer, acquire or institute eminent domain proceedings to acquire the property the property owner or owners may file an action against the Agency in inverse condemnation to recover damages from the Agency for any interference with the possession and use of the real property resulting from the Redevelopment Plan, provided that this section shall not be construed as establishing or creating a resumption to any right to damages or relief solely by reason of the failure of the Agency to acquire the property within the time set forth in this section. 3. The Agency is authorized to acquire structures without acquiring the land upon which these structures are located. The Agency is authorized to acquire either the entire fee or any other interest in real property less than a fee. 4. The Agency shall not acquire real property on which an existing building is to be continued on its present site and in its present form and use without the consent of the owner, unless (1) such building requires structural alteration, improvement, modernization or rehabilitation; 2) the site, or lot on which the building is situated, requires modification in size, shape or use; or 3) it is necessary to impose upon such property any of the controls, limitations or restrictions and requirements of this Redevelopment Plan and the Design for Development and the owner fails or refuses to participate in this Redevelopment Plan by executing a participation agreement. 5. The Agency is not authorized to acquire real property owned by public bodies which do not consent to such acquisition. The Agency is authorized, however, to acquire public property transferred to private ownership before the Project is completed, unless the Agency and the private owner enter into a participation agreement and the owner completes his responsibilities under a participation agreement. 6. As part of the cost of acquisition of all property acquired in the Project Area, the Agency shall compensate each displaced person and business, as provided in the California Relocation Assistance Law (Government Code, Section 7260, et seq.) the guidelines of the California Department of Housing and Community Development adopted and promulgated pursuant thereto, and the Agency's rules and regulations thereto. In addition to the above Limitations, the Agency has promulgated rules for owner and tenant participation which provide reasonable opportunities for owners of property and tenants in the Project Area to participate in the Redevelopment Plan. Accordingly, the power of eminent domain shall not be exercised except in compliance with the rules and procedures set forth therein and as shall be amended Ordinance No. 1333 Page 2of6 ORDINANCE NO. 1334 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA CONTAINING A DESCRIPTION OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY'S PROGRAM TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN IN THE MCAS-TUSTIN REDEVELOPMENT PROJECT WHEREAS, the City Council of the City of Tustin, California ("City Council") adopted Ordinance No. 1276 on June 13, 2003, approving and adopting the Redevelopment Plan for the MCAS -Tustin Redevelopment Project (the "Redevelopment Plan"); and WHEREAS, the Tustin Community Redevelopment Agency ("Agency") has been designated as the official redevelopment agency in the City of Tustin to carry out the functions and requirements of the Community Redevelopment Law of the State of California (Health and Safety Code Section 33000 et seq.) and to implement the Redevelopment Plan; and WHEREAS, Sections 308, 309 and 310 of the Redevelopment Plan contains. Agency authority to acquire property by eminent domain; and WHEREAS, Section 33342.7 of the Health and Safety Code was added by Senate Bill 53, which took effect on January 1, 2007, and requires a legislative body that adopted a redevelopment plan containing eminent domain authority before January 1, 2007, to adopt an ordinance on or before July 1, 2007, containing a description of the agency's program to acquire real property by eminent domain; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. A description of the Agency's program to acquire real property by eminent domain is set forth in Exhibit A, attached hereto and incorporated herein by this reference. The Agency's program to acquire real property by eminent domain may be amended only by amending the redevelopment plan pursuant to Article 12 of the Community Redevelopment Law (commencing with Health and Safety Code Section 33450). Section 2. The City Clerk is hereby directed to send a certified copy of this Ordinance to the Agency. Section 3. If any part of this Ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portion of this Ordinance, and this City Council hereby declares that it would have passed the remainder of this Ordinance if such invalid portion thereof had been deleted. Ordinance No. 1334 Page 1 of 6 Section 4. The City Clerk will certify to the passage of this Ordinance by the City Council of the City of Tustin, California, and cause the same to be published once in the Tustin News, a newspaper of general circulation, published and circulated in the City of Tustin, and it will take effect thirty (30) days after its final passage. PASSED AND ADOPTED this day of LOU BONE, Mayor ATTEST: PAMELA STOKER City Clerk Ordinance No. 1334 Page 2 of 6 2007. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) PAMELA STOKER, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance was passed and adopted at a regular meeting of the City Council held on the day of , 2007, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: PAMELA STOKER, City Clerk Ordinance No. 1334 Page 3 of 6 EXHIBIT DESCRIPTION OF PROGRAM TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN FOR THE MCAS-TUSTIN REDEVELOPMENT PROJECT As provided in Sections 308, 309 and 310 of the MCAS -Tustin Redevelopment Plan ("Redevelopment Plan"), it is in the public interest and is necessary in order to eliminate the conditions requiring redevelopment and in order to execute the Redevelopment Plan for the power of eminent domain to be employed by the Tustin Community Redevelopment Agency ("Agency") to acquire real property in the MCAS -Tustin Redevelopment Project Area ("Project Area"). This power is necessary because the Project Area is characterized by structures exhibiting. conditions of deterioration and dilapidation, and defective design and physical construction; a number of buildings are either too small or too large for reuse and/or were not .built to the then effective local building, plumbing, mechanical or electrical codes; many of the military improvements, including runways and landing pads, will need to be removed to allow development to occur; further inhibiting development is an inadequate infrastructure system, which has deficient circulation, water and sewer systems; and hazardous materials are present on the Base and require remediation. In approving the Redevelopment Plan, the City Council found and determined that the condemnation of real property within the Project Area, as provided for in the Redevelopment Plan, is necessary to the execution of the Redevelopment Plan and adequate provisions have been made for the payment for any property that is acquired as provided by law. The Agency's power of eminent domain shall be exercised within the following limitations: 1. -The condemnation of real property within the Tustin Base Portion of the Project Area, as provided for in the Redevelopment Plan, is necessary to the execution of the Redevelopment Plan, and adequate provisions have been made for the payment for property to be acquired as provided by law. The Agency shall have no eminent domain authority within the Non -Base Property in the Project Area. 2. Eminent Domain proceedings, if used, to acquire property with the Project Area shall not be commenced after June 13, 2015. Commencement of an eminent domain proceeding occurs when a complaint in eminent domain is filed with the Court. 3. The Agency shall not acquire real property to be retained by an owner pursuant to a participation agreement if the owner fully performs under the agreement. The Agency is authorized to acquire structures without acquiring the land upon which those structures are located. The Agency is authorized to acquire either Exhibit A, Page 1 995401 v 1 29171/0001 the entire fee or any other interest in real property less than a fee, including, without limitation, a leasehold interest. 4. The Agency shall not acquire real property on which an existing building is to be continued on its present site and in its present form and use without the consent of the owner unless: (a) such building requires structural alteration, improvement, modernization, or rehabilitation; (b) the site, or lot on which the building is situated, requires modification in size, shape, or use; or (c) it is necessary to impose upon such property any of the controls, limitations, restrictions, and requirements of this Plan and the owner fails or refuses to execute a participation agreement in accordance with the provisions of this Plan. 5. The Agency is not authorized to acquire real property owned by public bodies which do not consent to such acquisition. The Agency is authorized, however, to acquire public property transferred to private ownership before redevelopment of the Project Area is completed, unless the Agency and the private owner enter into a participation agreement and the owner completes his responsibilities under the participation agreement. In addition to the above limitations, the Agency has promulgated rules for participation by owners and the extension of preferences for reentry within the redeveloped project area which provide reasonable opportunities for business tenants and owners of property in the Project Area to participate in the Redevelopment Plan. Accordingly, the power of eminent domain shall not be exercised except in compliance with the rules and procedures set forth therein and as shall be amended. Initially these rules were anticipated to be applicable only to the Non -base property but will be applicable to future owners and businesses within the entire Project Area. Ordinance No. 1334 Page 2 of 6