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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. Page 1 of 5 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 Page 2 of 5 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) Page 3 of 5 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 Page 4 of 5 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. Page 5 of 5 Ordinance No. 1334