HomeMy WebLinkAboutMC-1250
Adopted: June 21, 2007
Effective: July 22, 2007
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ORDINANCE NO.
MC-1250
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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
UPTOWN REDEVELOPMENT PROJECT AREA
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NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
6 BERNARDINO DO ORDAIN, AS FOLLOWS:
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Section 1. Findinl!s 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 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
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MC-1250
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 Prol!: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.
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1 Section 4. Condemnation Authoritv. 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-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 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
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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
S 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 Invaliditv. 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.
1 S 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.
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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
UPTOWN REDEVELOPMENT PROJECT AREA
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I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a joint adj ourned regular meeting thereof,
, 2007, by the following vote to wit:
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Abstain
Absent
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C2~ h. CL~
Rachel G. Clark, City Clerk
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The foregoing Ordinance is hereby approved this J,:J-' day of
June
,2007.
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22 Approved as to Form:
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