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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. Page 1 of 5 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 Page 2 of 5 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) Page 3 of 5 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 Page 4 of 5 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 Page 5 of 5 Ordinance No. 1333