HomeMy WebLinkAboutORD 1333 (2007)(SENATE BILL 53, SB53)
ORDINANCE NO. 1333
AN ORDINANCE OF THE CITY OF TUSTIN , CALIFORNIA
CONTAINING A DESCRIPTION OF THE TUSTIN
COMMUNITY REDEVELOPMENT AGENCY'S P ROGRAM
TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN IN
THE SOUTH CENTRAL REDEVELOPMENT PROJECT
WHEREAS, the City Co uncil of the City of Tustin , California ( "City Council")
adopted O rdinance 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 amen ded 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
desig nated 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 Pla n; and
WHEREAS, Section s 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 an d Safety Code was added by
S enate Bill 53 , which took effect on January 1, 200 7 , 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 b y 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.
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Ordinance No. 1333
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 Ordi nance 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.
rd
PASSED AND ADOPTED this 3 day of April , 200 7
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Ordinance No. 1333
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 Or dinance was passed
and adopted at a regular meeting of the City Council held on the 3rd day of April , 2007,
by the following vote:
COUNCILPERSONS AYES: Amante, Bone, Davert, Kawashima, P al mer (5)
COUNCILPERSONS NOES: None (0)
COUNCILPERSONS ABSTAINED: None (0)
COUNCILPERSONS ABSENT: None (0)
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Ordinance No. 1333
EXHIBIT A
DESCRIPTION OF PROGRAM TO ACQUIRE REAL PROPERTY BY EMINENT
DOMAIN FOR THE SOUTH CENTRAL REDEVELOPMENT PROJECT
As provided in Section s 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, parki ng 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 ded ication or public improvements; housing with in
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 cir culation 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 th e following
limitations:
1. Eminent Domain proceedings, if used, to acquire property with the Project Area
shall not be commenced after November 1, 2011. C ommencement 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, t he 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 em inent 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 f rom the Redevelopment Plan, provided
that this section shall not be construed as establishing or creating a resumption
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Ordinance No. 1333
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 Agenc y 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 P lan 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 suc h 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 responsi bilities 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 (Governme nt Code, Section 7260, et
seq. ) the guidelines of the California Depa rtment of Housing an d Community
D evelopment 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 e xcept in compliance with the rules and
procedures set forth therein and as shall be amended
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Ordinance No. 1333