HomeMy WebLinkAboutMC-1249
Adopted: June 18, 2007
Effective: July 19, 2007
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ORDINANCE NO. MC-1249
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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
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NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
12 BERNARDINO DO ORDAIN, AS FOLLOWS:
13 Section 1. Findines 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
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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)
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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. Policv 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:
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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-III3, 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,
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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 II 04, 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 I, 2013;
26 (vii) 40th Street Redevelopment Project Area: The redevelopment plan, as adopted by
27 Ordinance No. MC-IOn states, "Subject to the limitations set forth in Section 532,
28 the Commission may acquire real property, any interest in property, and any
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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 4151 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. 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
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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 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
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;
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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.
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2 Section 7. Transmittal of Ordinance to Al!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. Partial Invaliditv. 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.
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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
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I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a joint regular
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meeting thereof,
,2007, by the following vote to wit:
Nays
Abstain
Absent
a~~.~
Rac'l1lll G. Clark, City Clerk
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The foregoing Ordinance is hereby approved this l'Z day of June ,2007.
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26 Approved as to Form:
atn k J. Morris, r
. of San Bernardino
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