HomeMy WebLinkAboutORD 1334 (2007)(SENATE BILL 53, SB53)
ORDINANCE NO. 1334
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 MCAS - TUSTIN REDEVELOPMENT PROJECT
WHEREAS, the City Coun cil of the City of Tustin , California ( "City Council")
adopted O rdinance 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 Rede velopment 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 se q.) and to implement the
Redevelopment Plan; and
WHEREAS, Section s 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 an d Safety Code was added by
S enat e 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 Jul y 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 Redevelop ment 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,
suc h 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.
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Ordinance No. 133 4
Section 4 . The City Cle rk 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 N ews , 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 3rd day of April , 2007 .
LOU BONE
Mayor
ATTEST:
PAMELA STOKER
City Clerk
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Ordinance No. 133 4
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 3rd day of April , 2007,
by the following vote:
COUNCILPERSONS AYES: Amante, Bone, Davert, Kawashima, Palmer (5)
COUNCILPERSONS NOES: None (0)
COUNCILPERSONS ABSTAINED: None (0)
COUNCILPERSONS ABSENT: None (0)
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Ordinance No. 1334
EXHIBIT A
DESCRIPTION OF PROGRAM TO ACQUIRE REAL PROPERTY BY EMINENT
DOMAIN FOR THE MCAS - TUSTIN REDEVELOPMENT PROJECT
As provided in Section s 308, 309 and 31 0 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 h azardous 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 ne cessary 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 t o 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, 201 5 . C ommencement 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 perfo rms 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
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Ordinance No. 1334
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 buil ding 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 control s, 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 participa tion 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 redev eloped 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.
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