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HomeMy WebLinkAboutR32-Economic Development Agency r CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY FROM: Maggie Pacheco Executive Director SUBJECT: Ordinances approving and adopting an Eminent Domain Program for all Redevelopment Project Areas DATE: May 29, 2007 Svnousis of Previons Commission/Council/Committee Action(s): On April 5, 2007, Redevelopment Committee Members Estrada, Johnson and Baxter unanimously voted to recommend to the Mayor and Common Council the adoption of ordinances for the Agency's Eminent Domain Program in accordance with Section 33342.7 of the California Health and Safety Code. Recommended Motion(s): (Mavor and Common Council) A: Ordinance of the City of San Bernardino approving and adopting an Eminent Domain Program in compliance with the California Community Redevelopment Law for State College Redevelopment Project Area; Merged Central CitylMeadowbrook Redevelopment Project Area; Central City North Redevelopment Project Area; Central City South Redevelopment Project Area; Central City East Redevelopment Project Area; Mt. Vernon Corridor Redevelopment Project Area; 40" Street Redevelopment Project Area; Central City West Redevelopment Project Area; Southeast Industrial Park Redevelopment Project Area; Northwest Redevelopment Project Area; Tri-City Redevelopment Project Area; and South Valle Redevelopment Project Area B: Ordinance of the City of San Bernardino approving and adopting an Eminent Domain Program in compliance with the California Community Redevelopment Law for Uptown Redevelopment Project Area Contact Person(s): Maggie Pacheco Phone: (909) 663-1044 Project Area(s): All Ward(s): All Supporting Data Attached: III Staff Report III Ordinances 0 Resolution(s) 0 Agreement(s)/Contract(s) 0 Map(s) 0 Letter(s) FUNDING REQUIREMENTS: Amount: $ N/A Source: N/A Budget Authority: N/A SIGNATURE: M ., ) ,. I / j / 7/ Fiscal Review: ,)()....{ C.p 0-" \.-;":':"'-.r< '1 <:" ~ ~ Barbara Lindseth, Administrative Servlces Director Legal Review: ~ Timothy . Sabo Commission/Council Notes: P:\Agelldas\Comm Dev Commission\CDC 2007\06-04-07 Eminent Domain Program SR.doe COMMISSIO M R .8 J.- ~/flol Agenda It ECONOMIC DEVELOPMENT AGENCY STAFF REPORT ORDINANCES APPROVING AND ADOPTING AN EMINENT DOMAIN PROGRAM FOR ALL REDEVELOPMENT PROJECT AREAS BACKGROUND: In 2006, Governor Arnold Schwarzenegger signed into law several bills dealing with redevelopment and eminent domain that took effect on January I, 2007. Among the bills signed into law were Senate Bill No. 53 and Senate Bill No. 1809. Senate Bill No. 1809 amended Section 33373 of the California Health and Safety Code. Section 33373(c) requires that for any redevelopment plan adopted on or before December 31,2006, which authorizes the acquisition of property by eminent domain, each redevelopment agency within the State shall, on or before December 31, 2007, record a revised statement of proceedings that redevelopment of a project area has been instituted. This revised statement must include the following: I) a prominent heading in boldface type noting that the property that is the subject of the statement is located within a redevelopment project area; 2) a general description of the provisions of the redevelopment plan that authorizes the use of the power of eminent domain by the redevelopment agency; and 3) a general description of any limitations on the use of the power of eminent domain contained in the redevelopment plan. In accordance with Section 33373, a statement for each redevelopment proj ect area stating whether or not eminent domain is authorized and whether eminent domain authority is currently active has been recorded. Those redevelopment project areas that have active eminent domain authority are as follows: State College; Merged Central City/Meadowbrook; Central City North; Central City South; Central City East; Mt. Vernon Corridor; 40th Street; and Uptown ("Eminent Domain Project Areas"). If and when the authority for use of eminent domain is reinstated in the remaining redevelopment project areas (Central City West, Southeast Industrial Park, Northwest, Tri-City and South Valle) ("Non- Eminent Domain Project Areas"), a revised statement for the appropriate redevelopment project area will be prepared and recorded pursuant to Section 33373. Senate Bill No. 53 added Section 33342.7 to the California Health and Safety Code and requires that if a legislative body adopted a final redevelopment plan before January 1, 2007, an ordinance shall be adopted on or before July 1, 2007, that contains a description of the Agency's program to acquire real property by eminent domain ("Eminent Domain Program"). This requirement is for all redevelopment project areas whether or not they have full, limited or no eminent domain authority. Attached is a reference chart that outlines in summary form the applicable provisions and expiration dates, for eminent domain in each of the redevelopment project areas. ______________~__________________u_________________________________n_______________________.~..________________------------------------------------.---------------------------------------------------- P:\Agendas\Comm Dcv Commission\CDC 2007\06-04"07 Eminent Domain Program SR,doc COMMISSION MEETING AGENDA Meeting Date: 06/04/2007 Agenda Item Number: Economic Development Agency Staff Report Agency's Eminent Domain Program - Senate Bill No. 53 Page 2 CURRENT ISSUE: In order to comply with the requirements of Section 33342.7, the attached Ordinances are recommended for adoption by the Mayor and Common Council of the City of San Bernardino ("Council"), outlining the Agency's Eminent Domain Program for all Redevelopment Project Areas. This Eminent Domain Program is identical to the eminent domain authority granted to the Agency under each of the respective redevelopment plan for each ofthe Agency's Project Areas. ENVIRONMENTAL IMPACT: The adoption of these Ordinances is not a "Project" under Section 15378 of the California Environmental Quality Act ("CEQA"); therefore, this action is exempt under CEQA. FISCAL IMPACT: None. RECOMMENDATION: That the Mayor and Common Council adopt the attached Ordinances. & P:\AgendasIComm Dev Commis,ionlCDC 2007\06-04-07 Eminent Domain Program SR. doc COMMISSION MEETING AGENDA Meeting Date: 06/0412007 Agenda Item Number: c .. "'E ~8 &- '" c - ~ 8 c_ o E EWN "", - .2CD~ !: e ~ -li"'''' a:i'O ~e~ ,,0. l!o .~ lIlE Iii E '" ~ '" . '" ~ E o a: SB . 0 o E -8 3.. ~ E W !~~~ 011-- !Q,Oi w~;::: S'ilRill c!iOlOl .gr::=Oi oC~~ o u c ~ 'E o ~ill g~ a " " ! 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(l) S = Cf.l~€-;ffi ~ E ~ij 5 _ 0.._ O..c: m 0 c: 'C {Il U) Q)'g ~2- c6 6i. Q) L. Q) -5a:Qilll~ m ::~~~ I.2.2....Q) oj 1 2 3 4 5 6 7 8 9 10 11 ORDINANCE NO. ORDINANCE OF THE CITY OF SAN BERNARDINO APPROVING AND ADOPTING AN EMINENT DOMAIN PROGRAM IN COMPLIANCE WITH THE CALIFORNIA COMMUNITY REDEVELOPMENT LAW FOR STATE COLLEGE REDEVELOPMENT PROJECT AREA; MERGED CENTRAL CITY/MEADOWBROOK REDEVELOPMENT PROJECT AREA; CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA; CENTRAL CITY SOUTH REDEVELOPMENT PROJECT AREA; CENTRAL CITY EAST REDEVELOPMENT PROJECT AREA; MT. VERNON CORRIDOR REDEVELOPMENT PROJECT AREA; 40TH STREET REDEVELOPMENT PROJECT AREA; CENTRAL CITY WEST REDEVELOPMENT PROJECT AREA; SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT AREA; NORTHWEST REDEVELOPMENT PROJECT AREA; TRI-CITY REDEVELOPMENT PROJECT AREA; AND SOUTH VALLE REDEVELOPMENT PROJECT AREA NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 12 BERNARDINO DO ORDAIN, AS FOLLOWS: 13 Section 1. Findinl?s of Fact. (a) Effective January I, 2007, the Redevelopment Agency of 14 the City of San Bernardino (the "Agency") must comply with California Health and Safety Code 15 Section 33342.7 as adopted by the California Legislature during calendar year 2006. Health and 16 Safety Code Section 33342.7 requires that on or before July I, 2007, the legislative body of the 17 Agency, being the Mayor and Common Council of the City of San Bernardino (the "Council"), 18 adopt an ordinance that contains a description of the Agency's program to acquire real property by 19 eminent domain (the "Eminent Domain Program") for those Redevelopment Plans adopted by the 20 Council prior to January I, 2007, in accordance with the California Community Redevelopment 21 Law found as Health and Safety Code Section 33000, et seq. (the "CRL"). Such ordinance shall be 22 recorded with the County Recorder prior to commencing an action in eminent domain thereafter. 23 Health and Safety Code Section 33373(c) requires that the Agency record, on or before December 24 31, 2007, a revised statement that includes a description of the land within the Affected 25 Redevelopment Project Areas (as defined herein) and that redevelopment proceedings have been 26 instituted for each of the Affected Redevelopment Project Areas (as defined herein) to include a 27 general description of the authority to use the power of eminent domain within each such Affected 28 Redevelopment Project Areas (as defined herein). The Agency has duly caused such to be recorded I P:\Agcndas\Rcsoluliolls\Resolulions\2007\06-04-07 Eminent Domain Program Ordinance.doc I 1 as required by the CRL; and 2 (b) The Council has adopted this Ordinance based upon the intent of the Agency to comply 3 with all applicable laws relating to payment of fair market value, relocation expenses, loss of 4 business goodwill and such other damages as may be allowed by law when property of any nature 5 and type is acquired by the Agency through the exercise of the powers of eminent domain pursuant 6 to the applicable Redevelopment Plans. In accordance with the applicable provisions of Health and 7 Safety Code Section 33342.7, the following Redevelopment Plans of the Agency, as previously 8 approved and adopted by this Council, are subject to the requirements as imposed by said Section 9 and this Ordinance: (i) State College Redevelopment Project Area; (ii) Merged Central 10 City/Meadowbrook Redevelopment Project Area; (iii) Central City North Redevelopment Project 11 Area; (iv) Central City South Redevelopment Project Area; (v) Central City East Redevelopment 12 Project Area; (vi) Mt. Vernon Corridor Redevelopment Project Area; (vii) 40th Street 13 Redevelopment Project Area; (viii) Central City West Redevelopment Project Area; (ix) Southeast 14 Industrial Park Redevelopment Project Area; (x) Northwest Redevelopment Project Area; (xii) Tri- 15 City Redevelopment Project Area; and (xii) South Valle Redevelopment Project Area (collectively, 16 the "Affected Redevelopment Project Areas"); and 17 (c) It is the intent of this Council, as the legislative body to the Agency, to promote effective 18 redevelopment, but to discourage inappropriate uses of eminent domain powers for those Affected 19 Redevelopment Project Areas as specified in subsection (b) above. 20 Section 2. Purpose of Ordinance. It is the purpose of this Ordinance to establish the 21 Eminent Domain Program for all Affected Redevelopment Project Areas of the Agency within the 22 territorial jurisdiction of the City of San Bernardino (the "City"), pursuant to Health and Safety 23 Code Sections 33342.7 and 33373(c). Redevelopment Plans for the previously enumerated Affected 24 Redevelopment Project Areas shall, for all purposes, be deemed to be in compliance with the 25 requirements of the CRL through the adoption by the Council of this Ordinance approving the 26 Eminent Domain Program. 27 Section 3. Eminent Domain Prol!:ram. (a) The Eminent Domain Program, as shall be 28 applicable to the Affected Redevelopment Project Areas of the Agency, is contained in Section 3(b) 2 P:\Agellda5\Re50Iulions\RcSO]Ulions\2007\06-04~07 Eminent Domain Program Ordinance,doc 1 and is herein defined as the Eminent Domain Program of the Agency; and 2 (b) In assessing just compensation and damages to the affected owners, the Agency shall 3 strictly adhere to the following: The Fifth Amendment to the United States Constitution; Article I, 4 Section 19 of the California Constitution; the Eminent Domain Law (California Code of Civil 5 Procedure, Section 1230.010, et seq.); the California Relocation Assistance Act (California 6 Government Code Section 7260, et seq.), and implementing rules and regulations (Title 25, 7 California Code of Regulations); and such other applicable local, state or federal ordinances, 8 statutes, rules, regulations and decisional laws. The Agency shall assess the payment of fair market 9 value for interests in real property, payment for the taking and damaging of improvements, fixtures 10 and equipment, any diminution in value caused to a remainder of property acquired pursuant to a 11 resolution of necessity, relocation benefits and assistance, loss of business goodwill in appropriate 12 cases and the necessary costs of mitigating a loss of business goodwill. 13 Section 4. Condemnation Authoritv. Except as otherwise expressly stated herein, the 14 Agency shall exercise the full extent of condemnation authority delegated to the Agency by and 15 through the CRL, commencing with Health and Safety Code Section 33000, et seq., and as further 16 provided in the applicable Redevelopment Plans for the Affected Redevelopment Project Areas. 17 Section 5. Policy as to Precluded Properties. It is the policy of the Agency, as set forth in 18 this Ordinance, to exclude from condemnation authority, any properties or types of uses as may be 19 specifically precluded pursuant to the text set forth in the applicable Redevelopment Plans for the 20 Affected Redevelopment Project Areas. It is also the policy of the Agency, as set forth in this 21 Ordinance, to improve the quality of the life in the City by eliminating the existence of blight, 22 abandoned properties, board-ups, inconsistent uses and properties that experience repeated calls for 23 police services or otherwise, constitute a nuisance. 24 Section 6. Eminent Domain Provisions of Affected Redevelopment Proiect Areas. The 25 Redevelopment Plans for each of the Affected Redevelopment Project Areas contain the provisions 26 applicable to eminent domain as set forth below, all of which shall be subject to the Eminent 27 Domain Program as approved by the Council pursuant to this Ordinance and in accordance with the 28 requirements of the CRL, as follows: 3 P:\Agcndas\ResolulioM\Rcsolutions\2007\06-04-07 Eminenl Domain Program Ordinance,doc 1 (i) State College Redevelopment Project Area: The redevelopment plan states, "The 2 Redevelopment Agency may acquire, purchase, lease, ohtain option, or otherwise 3 acquire any interest in real property, and any improvements on it by any means 4 authorized by law, including by gift, grant, exchange, purchase, cooperative 5 negotiations, lease, and any other means authorized by law, including the use of 6 eminent domain for purposes of redevelopment in the Project Area as authorized by 7 law." Amendment No.4 to the Redevelopment Plan, as adopted by Ordinance No. 8 MC-II46, reinstated eminent domain authority with respect to certain non-residential 9 portions of the Project Area. Eminent domain authority will remain in effect through 10 April 27, 2010; 11 (ii) Merged Central City/Meadowbrook Redevelopment Project Area: The 12 redevelopment plan states, "All the land and real property in the project area needed 13 or required to carry out the Redevelopment Plan shall be acquired by the 14 Redevelopment Agency by purchase, gift, or condemnation..." Amendment No.7 to 15 the Redevelopment Plan, as adopted by Ordinance No. MC-II13, reinstated eminent 16 domain authority over all property except any property on which a person or persons 17 reside, or any property which is either designated under applicable General Plan or 18 zoning regulations as residential property. Eminent domain authority will remain in 19 effect through January 17,2014; 20 (iii) Central City North Redevelopment Project Area: The redevelopment plan states, 21 'The Agency may acquire real property, any interest in property, and any 22 improvements on it by any means authorized by law including, without limitation, by 23 gift, grant, exchange, purchase, cooperative negotiations, lease, option, bequest, 24 devise or eminent domain." Amendment No.5 to the Redevelopment Plan, as 25 adopted by Ordinance No. MC-1182, reinstated eminent domain authority with 26 respect to all property in the Project Area. Eminent domain authority will remain in 27 effect through August 6, 2013; 28 (iv) Central City South Redevelopment Project Area: The redevelopment plan states, 4 P:\Agcndas\Resolulions\RcsoIUlions\2007\06.04-07 EmincnI Domain Program Ordinance,doc 1 "The Agency may acquire all real property located in the Project Area by gift, 2 purchase, lease, devise, exchange, eminent domain or any other lawful method..." 3 Amendment No. 7 to the Redevelopment Plan, as adopted by Ordinance No. MC- 4 I 104, reinstated eminent domain authority over all property except any property on 5 which a person or persons reside, or any property which is either designated under 6 applicable General Plan or zoning regulations as residential property. Eminent 7 domain authority will remain in effect through September 17,2013; 8 (v) Central City East Redevelopment Project Area: The redevelopment plan states, 9 "The Agency may acquire all real property located in the Project Area by gift, 10 purchase, lease, devise, exchange, eminent domain or any other lawful method..." 11 Amendment No.7 to the Redevelopment Plan, as adopted by Ordinance No. MC- 12 1112, reinstated eminent domain authority over all property except any property on 13 which a person or persons reside, or any property which is either designated under 14 applicable General Plan or zoning regulations as residential property. Eminent 15 domain authority will remain in effect through January 3,2014; 16 (vi) Mt. Vernon Corridor Redevelopment Project Area: The redevelopment plan 17 states, "The Agency may purchase, lease, obtain option upon or otherwise acquire 18 any interest in real property located in the Project Area by gift, devise, exchange, 19 purchase, or any other means authorized by law, including the use of eminent domain 20 for purposes of redevelopment..." Amendment No.2 to the Redevelopment Plan, as 21 adopted by Ordinance No. MC-1105, reinstated eminent domain authority over all 22 property except any property on which a person or persons reside, or any property 23 which is either designated under applicable General Plan or zoning regulations as 24 residential property. Eminent domain authority will remain in effect through 25 November 1,2013; 26 (vii) 40th Street Redevelopment Project Area: The redevelopment plan, as adopted by 27 Ordinance No. MC-I077 states, "Subject to the limitations set forth in Section 532, 28 the Commission may acquire real property, any interest in property, and any 5 P:\Agcndas\RcsolulionsIResolulions\2007\06-04-07 Eminent Domain Program Ordinance,doc 1 improvements on it by any means authorized by law including, without limitation, by 2 gift, grant, exchange, purchase, cooperative negotiations, lease, option, bequest, 3 devise or eminent domain." The Redevelopment Plan, as adopted, authorizes the use 4 of eminent domain to acquire property in the Project Area except that portion of the 5 Project Area which abuts 41st Street and which is delineated on a map as Exhibit "0" 6 to the Redevelopment Plan. Eminent domain authority will remain in effect through 7 August 10,2012; 8 (viii) Central City West Redevelopment Project Area: The redevelopment plan, as 9 amended by Amendment No. I (MC-562) states, "The Agency may acquire real and 10 personal property for the purposes of the Plan in the manner and to the extent 11 permitted by the Community Redevelopment Law of the State of California, Health 12 and Safety Code Section 33000, et ~ The Agency shall not commence any 13 proceedings to acquire property by eminent domain pursuant to this Plan later than 14 12 years following the effective date of the Ordinance pursuant to which this 15 Paragraph "d" was adopted as part of this Plan." Authority for the use of eminent 16 domain in the Project Area expired January 9, 1999; 17 (ix) Southeast Industrial Park Redevelopment Project Area: The redevelopment plan 18 states, "The Agency may acquire all real property located in the Project Area by gift, 19 purchase, lease, devise, exchange, eminent domain or any other lawful method. 20 Payment for property acquired shall be as provided by law." Amendment No. I 21 (MC-565) extended eminent domain authority for a period of 12 years from the 22 effective date of the Ordinance. Authority for the use of eminent domain in the 23 Project Area expired January 9,1999; 24 (x) Northwest Redevelopment Project Area: The redevelopment plan, as adopted by 25 Ordinance No. MC-189 states, "Except as specifically exempted herein, the Agency 26 may acquire but is not required to acquire, any real property located in the Project 27 Area by gift, devise, exchange, purchase, eminent domain, or any other lawful 28 method. It is in the public interest and is necessary in order to eliminate the 6 P:\Agcndas\Rcsoluliolls\Rcsolulions\2007\06-04-07 Eminent Domain Program Ordinance. doc 1 conditions requiring redevelopment and in order to execute the Plan for the power of 2 eminent domain to be employed by the Agency to acquire real property in the Project 3 Area. No eminent domain proceedings to acquire property within the Project Area 4 shall be commenced after ]2 years following the date of adoption of the ordinance 5 approving and adopting this Plan. Such time limitation may be extended only by 6 amendment of this Plan." Authority for the use of eminent domain in the Project 7 Area expired July 6, ]994; 8 (xi) Tri-City Redevelopment Project Area: The redevelopment plan, as adopted by 9 Ordinance No. MC-283 states, "Except as specifically exempted herein, the Agency 10 may acquire but is not required to acquire, any real property located in the Project 11 Area by gift, devise, exchange, purchase, eminent domain, or any other lawful 12 method. It is in the public interest and is necessary in order to eliminate the 13 conditions requiring redevelopment and in order to execute the Plan for the power of 14 eminent domain to be employed by the Agency to acquire real property in the Project 15 Area. No eminent domain proceeding to acquire property within the Project Area 16 shall be commenced after ] 2 years following the date of adoption of the ordinance 17 approving and adopting this Plan unless such time limitation is increased by State 18 law. Such time limitation may be extended only by amendment of this Plan." 19 Authority for the use of eminent domain in the Project Area expired July 20, ]995; 20 and 21 (xii) South Valle Redeve]opment Project Area: The redevelopment plan, as adopted by 22 Ordinance No. MC-387 states, "The Agency may acquire all or part of the rea] 23 property located in the Project Area by gift, grant, bequest, purchase, lease, exchange 24 or any other lawful method. However, the Agency may not acquire any real property 25 in the Project Area or which benefits the Project Area by an exercise of the power of 26 eminent domain. Payment for property acquired shall be as provided by ]aw." 27 Authority for the use of eminent domain in the Project Area has not been authorized 28 and eminent domain powers were never in effect for this Project Area. 7 P:\Agenda,\ResolutionslRcsoluliolls\2007\06-04-07 Eminent Domain Program Ordinance,doc 1 2 Section 7. Transmittal of Ordinance to Ae:encv. The City Clerk is hereby directed to 3 transmit a certified copy of this Ordinance to the Agency upon second reading and final passage by 4 the Council of this Ordinance, whereupon the Agency shall be vested with the responsibility for 5 implementation of the Eminent Domain Program of the Agency for the Redevelopment Plans for the 6 Affected Redevelopment Project Areas, as hereby approved. 7 Section 8. Recordation of Ordinance. The City Clerk is hereby directed to record, in 8 accordance with Health and Safety Code Section 33373(e) and Government Code Section 27295, 9 with the County Recorder of San Bernardino County, a statement that the appropriate Eminent 10 Domain Program for the Redevelopment Plans for the Affected Redevelopment Project Areas have 11 been approved and adopted by this Council in conformity with the CRL. 12 Section 9. Effective Date. This Ordinance shall be in full force and effect in the time 13 period from and after the date of final passage in accordance with the Municipal Code and the City 14 Charter of the City. 15 Section 10. PartialInvaliditv. If any part of either this Ordinance, or any of the applicable 16 Redevelopment Plans for the Affected Redevelopment Project Areas, are held to be invalid for any 17 reason, such decision shall not affect the validity of the remaining portion or portions of this 18 Ordinance, and this Council hereby declares it would have passed the remainder ofthis Ordinance if 19 such invalid portion had been deleted. 20 Section 11. Publication of Ordinance. This Ordinance shall be introduced and adopted by 21 this Council in the manner as required by the City Charter of the City and shall thereafter be 22 published once in a newspaper of general circulation all in accordance with the City Charter of the 23 City. 24 /I / 25 / / / 26 / / / 27 / / / 28 / / / 8 P:\Agcndas\Resolutions\Rcsoluliolls\2007\06-04.07 Eminent Domain Program Ordinance.doc 1 2 3 4 5 6 7 8 9 10 ORDINANCE OF THE CITY OF SAN BERNARDINO APPROVING AND ADOPTING AN EMINENT DOMAIN PROGRAM IN COMPLIANCE WITH THE CALIFORNIA COMMUNITY REDEVELOPMENT LAW FOR STATE COLLEGE REDEVELOPMENT PROJECT AREA; MERGED CENTRAL CITY/MEADOWBROOK REDEVELOPMENT PROJECT AREA; CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA; CENTRAL CITY SOUTH REDEVELOPMENT PROJECT AREA; CENTRAL CITY EAST REDEVELOPMENT PROJECT AREA; MT. VERNON CORRIDOR REDEVELOPMENT PROJECT AREA; 40TH STREET REDEVELOPMENT PROJECT AREA; CENTRAL CITY WEST REDEVELOPMENT PROJECT AREA; SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT AREA; NORTHWEST REDEVELOPMENT PROJECT AREA; TRI-CITY REDEVELOPMENT PROJECT AREA; AND SOUTH VALLE REDEVELOPMENT PROJECT AREA I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a 11 22 23 24 25 26 Approved as to Form: 27 28 meeting thereof, ,2007, by the following vote to wit: Navs Abstain Absent Rachel G. Clark, City Clerk The foregoing Ordinance is hereby approved this day of ,2007. Patrick J. Morris, Mayor City of San Bernardino 9 P:\Agendas\Rcsolulions\ResolutionsUOO7\06-04-07 Eminent Domain Program Ordinancc.doc ,- 1 2 3 4 5 ORDINANCE NO. ORDINANCE OF THE CITY OF SAN BERNARDINO APPROVING AND ADOPTING AN EMINENT DOMAIN PROGRAM IN COMPLIANCE WITH THE CALIFORNIA COMMUNITY REDEVELOPMENT LAW FOR UPTOWN REDEVELOPMENT PROJECT AREA NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 6 BERNARDINO DO ORDAIN, AS FOLLOWS: 7 Section 1. Findings of Fact. (a) Effective January I, 2007, the Redevelopment Agency of 8 the City of San Bernardino (the "Agency") must comply with California Health and Safety Code 9 Section 33342.7 as adopted by the California Legislature during calendar year 2006. Health and 10 Safety Code Section 33342.7 requires that on or before July I, 2007, the legislative body of the 11 Agency, being the Mayor and Common Council of the City of San Bernardino (the "Council"), 12 adopt an ordinance that contains a description of the Agency's program to acquire real property by 13 eminent domain (the "Eminent Domain Program") for those Redevelopment Plans adopted by the 14 Council prior to January I, 2007, in accordance with the California Community Redevelopment 15 Law found as Health and Safety Code Section 33000, et seq. (the "CRL"). Such ordinance shall be 16 recorded with the County Recorder prior to commencing an action in eminent domain thereafter. 17 Health and Safety Code Section 33373(c) requires that the Agency record, on or before December 18 31, 2007, a revised statement that includes a description of the land within the Affected 19 Redevelopment Project Area (as defined herein) and that redevelopment proceedings have been 20 instituted for the Affected Redevelopment Project Area (as defined herein) to include a general 21 description of the authority to use the power of eminent domain within such Affected 22 Redevelopment Project Area (as defined herein). The Agency has duly caused such to be recorded 23 as required by the CRL; and 24 (b) The Council has adopted this Ordinance based upon the intent of the Agency to comply 25 with all applicable laws relating to payment of fair market value, relocation expenses, loss of 26 business goodwill and such other damages as may be allowed by law when property of any nature 27 and type is acquired by the Agency through the exercise of the powers of eminent domain pursuant 28 to the applicable Redevelopment Plan. In accordance with the applicable provisions of Health and I PIAgendas\Resolulions\Resolutions\2007\06-04-07 Eminent Domain Program - Uptown Ordinance doc 1 Safety Code Section 33342.7, the following Redevelopment Plans of the Agency, as previously 2 approved and adopted by this Council, is subject to the requirements as imposed by said Section and 3 this Ordinance: Uptown Redevelopment Project Area, (the "Affected Redevelopment Project 4 Area"); and 5 (c) It is the intent of this Council, as the legislative body to the Agency, to promote effective 6 redevelopment, but to discourage inappropriate uses of eminent domain powers for this Affected 7 Redevelopment Project Area as specified in subsection (b) above. 8 Section 2. Purpose of Ordinance. It is the purpose of this Ordinance to establish the 9 Eminent Domain Program for this Affected Redevelopment Project Area of the Agency within the 10 territorial jurisdiction of the City of San Bernardino (the "City"), pursuant to Health and Safety 11 Code Sections 33342.7 and 33373(c). The Redevelopment Plan for the previously defined Affected 12 Redevelopment Project Area shall, for all purposes, be deemed to be in compliance with the 13 requirements of the CRL through the adoption by the Council of this Ordinance approving the 14 Eminent Domain Program. 15 Section 3. Eminent Domain Proe:ram. (a) The Eminent Domain Program, as shall be for 16 the Affected Redevelopment Project Area of the Agency, is contained in Section 3(b) and is herein 17 defined as the Eminent Domain Program of the Agency; and 18 (b) In assessing just compensation and damages to the affected owners, the Agency shall 19 strictly adhere to the following: The Fifth Amendment to the United States Constitution; Article I, 20 Section 19 of the California Constitution; the Eminent Domain Law (California Code of Civil 21 Procedure, Section 1230.010, et seq.); the California Relocation Assistance Act (California 22 Government Code Section 7260, et seq.), and implementing rules and regulations (Title 25, 23 California Code of Regulations); and such other applicable local, state or federal ordinances, 24 statutes, rules, regulations and decisional laws. The Agency shall assess the payment of fair market 25 value for interest in real property, payment for the taking and damaging of improvements, fixtures 26 and equipment, any diminution in value caused to a remainder of property acquired pursuant to a 27 resolution of necessity, relocation benefits and assistance, loss of business goodwill in appropriate 28 cases and the necessary costs of mitigating a loss of business goodwill. 2 PlAgendasIResolulions\Resolulions\2007\OtJ-04-07 Eminent Domain Program - Uptown Ordinance doc 1 Section 4. Condemnation Authority. Except as otherwise expressly stated herein, the 2 Agency shall exercise the full extent of condemnation authority delegated to the Agency by and 3 through the CRL, commencing with Health and Safety Code Section 33000, et seq., and as further 4 provided in the applicable Redevelopment Plans for the Affected Redevelopment Project Areas. 5 Section 5. Policv as to Precluded Properties. It is the policy of the Agency, as set forth in 6 this Ordinance, to exclude from condemnation authority, any properties or types of uses as may be 7 specifically precluded pursuant to the text set forth in the Redevelopment Plan for the Affected 8 Redevelopment Project Area. It is also the policy of the Agency, as set forth in this Ordinance, to 9 improve the quality of life in the City by eliminating the existence of blight, abandoned properties, 10 board-ups, inconsistent uses and properties that experience repeated calls for police services or 11 otherwise, constitute a nuisance. 12 Section 6. Eminent Domain Provisions of the Affected Redevelopment Proiect Area. 13 The Redevelopment Plan for the Affected Redevelopment Project Area contains the 14 provisions applicable to eminent domain as set forth below and shall be subject to the Eminent 15 Domain Program as approved by the Council pursuant to this Ordinance and in accordance with the 16 requirements of the CRL. 17 Uptown Redevelopment Project Area: The redevelopment plan states, "The Agency may 18 acquire, but is not required to acquire, any real property located in the Project Area by gift, devise, 19 exchange, purchase, eminent domain, or any other lawful method. The power of eminent domain 20 shall be employed by the Agency to acquire real property in the Project Area only when it is in the 21 public interest and is necessary in order to eliminate the conditions requiring redevelopment and in 22 order to implement this Plan." Amendment No.3 (MC-1I83) reinstated eminent domain authority 23 with respect to all property in the Project Area. Eminent domain authority will remain in effect 24 through September 7, 2016. 25 Section 7. Transmittal of Ordinance to Al!encv. The City Clerk is hereby directed to 26 transmit a certified copy of this Ordinance to the Agency upon second reading and final passage by 27 the Council of this Ordinance, whereupon the Agency shall be vested with the responsibility for 28 implementation of the Eminent Domain Program of the Agency for the Redevelopment Plan for the 3 P\AgendasIResolutions\Resolulions\2007\06-04-07 Eminent Domain Program - Uptown Ordinance doc 1 Affected Redevelopment Project Area, as hereby approved. 2 Section 8. Recordation of Ordinance. The City Clerk is hereby directed to record, in 3 accordance with Health and Safety Code Section 33373(e) and Government Code Section 27295, 4 with the County Recorder of San Bernardino County, a statement that the appropriate Eminent 5 Domain Program for the Redevelopment Plan for the Affected Redevelopment Project Area has 6 been approved and adopted by this Council in conformity with the CRL. 7 Section 9. Effective Date. This Ordinance shall be in full force and effect in the time 8 period from and after the date of final passage in accordance with the Municipal Code and the City 9 Charter of the City. 10 Section 10. Partiallnvaliditv. If any part of either this Ordinance, or the Redevelopment 11 Plan for the Affected Redevelopment Project Area, is held to be invalid for any reason, such 12 decision shall not affect the validity of the remaining portion or portions of this Ordinance, and this 13 Council hereby declares it would have passed the remainder of this Ordinance if such invalid 14 portion had been deleted. 15 Section 11. Publication of Ordinance. This Ordinance shall be introduced and adopted by 16 this Council in the manner as required by the City Charter of the City and shall thereafter be 17 published once in a newspaper of general circulation all in accordance with the City Charter of the 18 City. 19 /1/ 20 /1/ 21 /1/ 22 /1/ 23 /1/ 24 //1 25 /1/ 26 /1/ 27 //1 28 /1/ 4 P\Agendas\ResolutionsIResolutions\2007\06-04-07 Eminent Domain Program - Uptown Ordinance doc 1 2 3 4 5 ORDINANCE OF THE CITY OF SAN BERNARDINO APPROVING AND ADOPTING AN EMINENT DOMAIN PROGRAM IN COMPLIANCE WITH THE CALIFORNIA COMMUNITY REDEVELOPMENT LAW FOR UPTOWN REDEVELOPMENT PROJECT AREA I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, 17 , 2007, by the following vote to wit: Navs Abstain Absent Rachel G. Clark, City Clerk 18 The foregoing Ordinance is hereby approved this 19 20 21 day of ,2007. Patrick J. Morris, Mayor City of San Bernardino 22 Approved as to Form: 23 24 25 26 27 28 -:; . ft mes F. Penman, City Attorney 5 P\AgendasIResolutions\ResolutionsI2007\06-04-07 Eminent Domain Program - Uptown Ordinance doc