HomeMy WebLinkAbout09-Economic Development Agency CITY OF SAN BERNARDINO ORIGINAL
ECONOMIC DEVELOPMENT AGENCY
FROM: Maggie Pacheco SUBJECT: Ordinances approving and adopting an Eminent
Executive Director Domain Program for all Redevelopment Project
Areas
DATE: May 29,2007
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Svnopsis of Previous 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.
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Recommended Motion(s):
(Mayor 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 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; 40`i' 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
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Contact Person(s): Maggie Pacheco Phone: (909)663-1044
Project Area(s): All Ward(s): All
Supporting Data Attached: 0 Staff Report 0 Ordinances ❑Resolution(s) ❑ Agreement(s)/Contract(s) ❑Map(s) ❑Letter(s)
FUNDING REQUIREMENTS: Amount: $ N/A Source: N/A
Budget Authority: N/A
n
SIGNATURE: z Fiscal Review: / . , }, {
M ggie Pacheco,Executive Diret6r Barbara Lindseth,Administrative Services Director
Legal Review:
Timothy . Sabo
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Commission/Council Notes:
.3 614110 -
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P:AgendasTomm Dev Commission\CDC 2007\06-04-07 Eminent Domain Program SR.doc COMMISSION MEETING AGENDA
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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 1, 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: 1) 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 project 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; 401h 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.
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P:Wgendas\Comm Dev 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 of the 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.
/&*, &.,e, rl.- ,
Maggie Pacheco, Executive lirector
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P:Wgendas\Comm Dev Commission\CDC 2007\06-04-07 Eminent Domain Program SR.doc COMMISSION MEETING AGENDA
Meeting Date: 06/04/2007
Agenda Item Number:
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1 ORDINANCE NO. COPY
2 ORDINANCE OF THE CITY OF SAN BERNARDINO APPROVING AND
3 ADOPTING AN EMINENT DOMAIN PROGRAM IN COMPLIANCE WITH
THE CALIFORNIA COMMUNITY REDEVELOPMENT LAW FOR STATE
4 COLLEGE REDEVELOPMENT PROJECT AREA; MERGED CENTRAL
CITY/MEADOWBROOK REDEVELOPMENT PROJECT AREA; CENTRAL
5 CITY NORTH REDEVELOPMENT PROJECT AREA; CENTRAL CITY
6 SOUTH REDEVELOPMENT PROJECT AREA; CENTRAL CITY EAST
REDEVELOPMENT PROJECT AREA; MT. VERNON CORRIDOR
7 REDEVELOPMENT PROJECT AREA; 40TH STREET REDEVELOPMENT
PROJECT AREA; CENTRAL CITY WEST REDEVELOPMENT PROJECT
8 AREA; SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT
AREA; NORTHWEST REDEVELOPMENT PROJECT AREA; TRI-CITY
9 REDEVELOPMENT PROJECT AREA; AND SOUTH VALLE
10 REDEVELOPMENT PROJECT AREA
11 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
12 BERNARDINO DO ORDAIN, AS FOLLOWS:
13 Section 1. Findings of Fact. (a) Effective January 1, 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 1, 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 1, 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
(W 28 Redevelopment Project Areas (as defined herein). The Agency has duly caused such to be recorded
1
P:\Agendas\Resolutions\Rcsolutions\2007\06-04-07 Eminent Domain Program Ordinance.doc
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) 40`" 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 Program. (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:\Agendas\Resolutions\Resolutions\2007\06.04-07 Eminent Domain Program Ordinance.doc
I 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 Authority. 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 Project 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:WgendasU2esolutions\Rcsolutions\2007\06.04-07 Eminent Domain Program Ordinance.doc
1 (i) State College Redevelopment Project Area: The redevelopment plan states, "The
2 Redevelopment Agency may acquire, purchase, lease, obtain 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-1146, 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-1113, 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
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I "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 1104, 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) 401h Street Redevelopment Project Area: The redevelopment plan, as adopted by
27 Ordinance No. MC-1077 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:4Agendas\Resolulions\Resolutions\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, P urchase 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 41" Street and which is delineated on a map as Exhibit "D"
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. 1 (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 seg. 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. 1
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
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I 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 12 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, 1994;
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
(W 15 Area. No eminent domain proceeding to acquire property within the Project Area
16 shall be commenced after 12 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, 1995;
20 and
21 (xii) South Valle Redevelopment Project Area: The redevelopment plan, as adopted by
22 Ordinance No. MC-387 states, "The Agency may acquire all or part of the real
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 law."
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:Wgendas\Resolutions\Resolutions\2007\06-04-07 Eminent Domain ProgramOrdinance.doc
1
2 Section 7. Transmittal of Ordinance to Agency. 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. Partial Invalidity. 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 of this 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
25
26
27
28
8
P:\Agendas\Resolutions\Rcsolutions\2007\06-04-07 Emincnt Domain Program Ordinancc.doc
I ORDINANCE OF THE CITY OF SAN BERNARDINO APPROVING AND
ADOPTING AN EMINENT DOMAIN PROGRAM IN COMPLIANCE WITH
too 2 THE CALIFORNIA COMMUNITY REDEVELOPMENT LAW FOR STATE
3 COLLEGE REDEVELOPMENT PROJECT AREA; MERGED CENTRAL
CITY/MEADOWBROOK REDEVELOPMENT PROJECT AREA; CENTRAL
4 CITY NORTH REDEVELOPMENT PROJECT AREA; CENTRAL CITY
SOUTH REDEVELOPMENT PROJECT AREA; CENTRAL CITY EAST
5 REDEVELOPMENT PROJECT AREA; MT. VERNON CORRIDOR
REDEVELOPMENT PROJECT AREA; 40TH STREET REDEVELOPMENT
6 PROJECT AREA; CENTRAL CITY WEST REDEVELOPMENT PROJECT
7 AREA; SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT
AREA; NORTHWEST REDEVELOPMENT PROJECT AREA; TRI-CITY
g REDEVELOPMENT PROJECT AREA; AND SOUTH VALLE
REDEVELOPMENT PROJECT AREA
9
10 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
11 Common Council of the City of San Bernardino at a meeting thereof,
12 held on the day of , 2007, by the following vote to wit:
13 Council Members: Ayes Nays Abstain Absent
ESTRADA
14
` BAXTER
15
BRINKER
16
DERRY
17
KELLEY
18 JOHNSON
19 MC CAMMACK
20
21
Rachel G. Clark, City Clerk
22
The foregoing Ordinance is hereby approved this day of 2007.
23
24
Patrick J. Morris, Mayor
25 City of San Bernardino
26 Approved as to For n:
27
By.
28 ames F. Penman, City Attorney
9
P:\Agendas\Resolutions\Resolutions\2007\06-04-07 Eminent Domain Program Ordinance.doc
awsss w
C(DP
I ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO APPROVING AND
3 ADOPTING AN EMINENT DOMAIN PROGRAM IN COMPLIANCE WITH
THE CALIFORNIA COMMUNITY REDEVELOPMENT LAW FOR
4 UPTOWN REDEVELOPMENT PROJECT AREA
5 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 1, 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 1, 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 1, 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
1
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riot
I 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 Program. (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 1,
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
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f -
I 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. Policy 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 Project 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-1183) 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 Agency. 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.\Agendas\Resolutions\Resolutions\2007\06-04-07 Eminent Domain Program-Uptown Ordinance.doc
I 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. Partial Invalidity. 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
20
21
22
23
24
25
26
27
28
4
P\Agendas\Resolutions\Resolutions\2007\06-04-07 Eminent Domain Program-Uptown Ordinance.doc
I ORDINANCE OF THE CITY OF SAN BERNARDINO APPROVING AND
ADOPTING AN EMINENT DOMAIN PROGRAM IN COMPLIANCE WITH
2 THE CALIFORNIA COMMUNITY REDEVELOPMENT LAW FOR
3 UPTOWN REDEVELOPMENT PROJECT AREA
4
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
5
Common Council of the City of San Bernardino at a meeting thereof,
6
held on the day of , 2007,by the following vote to wit:
7
Council Members: Ayes Nays Abstain Absent
8
ESTRADA
9 BAXTER
10 BRINKER
11 DERRY
12 KELLEY
13 JOHNSON
14 MC CAMMACK
15
16
17 Rachel G. Clark, City Clerk
18 The foregoing Ordinance is hereby approved this day of 2007.
19
20
21 Patrick J. Morris, Mayor
City of San Bernardino
22 Approved as to Form:
23
By:
24
mes F. Penman, City Attorney
25
26
27
28
5
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