HomeMy WebLinkAboutOrdinances_2666_CCv0001.pdf ORDINANCE NO. 2666
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
REDLANDS, CALIFORNIA, AMENDING THE REDEVELOPMENT
PLAN FOR THE REDLANDS REDEVELOPMENT PROJECT AREA TO
ADOPT AN EMINENT DOMAIN PROGRAM
WHEREAS, the Redevelopment Agency of the City of Redlands (the "Agency") is a
community redevelopment agency organized and existing under the California Community
Redevelopment Law (Health and Safety Code Sections 33000, et sect.) (the "CRL") and has been
authorized to transact business and exercise the powers of a redevelopment agency pursuant to
action of the City Council (the "City Council") of the City of Redlands (the"City"); and
WHEREAS, pursuant to Ordinance No. 1500 adopted on September 26, 1972, and in
accordance with the provisions of the CRL, the City Council of the City approved and adopted
that certain Redevelopment Plan ("Redevelopment Plan") for the Redlands Redevelopment
Project Area ("Original Project Area-): and
WHEREAS, the Redevelopment Plan was subsequently amended pursuant to Ordinance
No. 1575 on February 17, 1976, to add certain territory ("Added Area No. I") to the Original
Project Area; and
WHEREAS, on December 16, 1986, the City Council adopted Ordinance No. 1974,
which amended the Redevelopment Plan to set limits on the receipt of tax increment funds, the
time for the establishment of indebtedness payable from tax increment funds and the timeframe
for the commencement of eminent domain proceedings; and
WHEREAS, on November 5, 1996, the City Council adopted Ordinance No. 2336, which
amended the Redevelopment Plan to bring it into conformance with the provisions of Assembly
Bill 1290; and
WHEREAS, on December 19, 2000, the City Council adopted Ordinance No. 2464,
which amended the Redevelopment Plan to reauthorize the power of eminent domain for non-
residential real property; and
WHEREAS, on October 7, 2003, the City Council adopted Ordinance No. 2556, which
amended the Redevelopment Plan to expand the power of eminent to all real property; and
WHEREAS, on November 4, 2003, the City Council adopted Ordinance No. 2560, which
extended the effectiveness deadline and the deadline to repay indebtedness with respect to the
Redevelopment Plan for the Original Project Area and Added Area No. 1 by one year, pursuant
to CRL § 33333.6(e)(2)(C); and
WHEREAS, on April 17, 2007, the City Council adopted Ordinance 2657, which
extended the effectiveness deadline for the Original Project Area and Added Area No. 1 by two
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years and extended the latest dates on which the Agency shall pay indebtedness with respect to
the Original Project Area and Added Area No. I by two years; and
WHEREAS, the Agency is engaged in activities necessary to carry out the
Redevelopment Plan, as amended; and
WHEREAS, pursuant to CRL 5 33342.7, prior to July I, 2007, the legislative body of the
Agency is required to adopt an ordinance containing a description of the Agency's eminent
domain program ("Eminent Domain Program") for the Original Project Area and Added Area
No. 1; and
WHEREAS, pursuant to Ordinance No. 2464, adapted on December 19, 2000, Section
D.2 of the amended Redevelopment Plan authorized the Agency to acquire certain real property
in the Original Project Area and the Added Area No. 1, excepting property on which persons
resided, by eminent domain for twelve (12) years following the date of the adoption of
Ordinance No. 2464; and
WHEREAS, pursuant to Ordinance No. 2556 adopted on October 7, 2003, the City
Council subsequently authorized the Agency to acquire certain real property by eminent domain,
including but not limited to property upon which persons reside; and
WHEREAS, in conformance with Ordinance No. 2464, the deadline to acquire real
property in the Original Project Area and the Added Area No. 1 pursuant to the use of the power
of eminent domain is December Iq, 2012, and such deadline has not been extended by the
Agency; and
WHEREAS, it is the intent of City Council, as the legislative body of the Agency, to
promote effective redevelopment and to discourage abuses of eminent domain powers; and
WHEREAS, the Agency intends to comply with all applicable laws relating to payment
of fair market value, relocation expenses, loss of business goodwill and such other damages as
may be allowed by law when property is taken by eminent domain; and
WHEREAS, the City now desires to adopt an Eminent Domain Program describing the
Agency's program to acquire real property by eminent domain in the Original Project Area and
Added Area No. I including any limitations oil the Agency's exercise of the power of eminent
domain in the Original Project Area and Added Area No. 1; and
WHEREAS, City staff has determined that the approval and adoption of this Ordinance
does not constitute an approval of any specific program, project or expenditure and does not
constitute a project with in the meaning of the California Environmental Quality Act (Public
Resources Code § 21000) ("CEQA"); and
WHEREAS, pursuant to the foregoing, City staff has determined that a notice of
exemption ("Notice of Exemption") for the approval of this Ordinance should be filed with the
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County of San Bernardino, pursuant to CEQA, the State CEQA Guidelines and the City's Local
CEQA Guidelines.
THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS
FOLLOWS:
Section 1. The foregoing recitals are true and correct and are a substantive part of
this Ordinance.
Section 2. Pursuant to CRL § 33342,7, the Redevelopment Plan is hereby amended
to add the Eminent Domain Program for the Original Project Area and the Added Area No. 1
within the territorial jurisdiction of the City by adding the following as the second paragraph of
Section D.2 of the Redevelopment Plan, as amended:
"It is in the pubic interest and is necessary in order to execute this Plan for the
power of eminent domain to be employed by the Agency to acquire real property in all
portions of the Original Project Area and Added Area No. 1. The Agency shall strictly
adhere to the following in assessing just compensation and damages to affected owners:
The Fifth Amendment to the United States Constitution, Article I, Section 19 of the
California Constitution, the Eminent Domain Law (California Code of Civil Procedure
Section 1230.010, et seq.), the California Relocation Assistance Act (California
Government Code Section 7260, et seq.), implementing rules and regulations (Title 25,
California Code of Regulations) and such other applicable local, state or federal
ordinances, statutes, rules, regulations and decisional laws. The Agency shall assess the
payment of fair market value for interests in real property, payment for the taking and
damaging of improvements, fixtures and equipment, any diminution in value caused to a
remainder of property acquired pursuant to a resolution of necessity, relocation benefits
and assistance, loss of business goodwill in appropriate cases and the necessary costs of
mitigating a loss of business goodwill."
Section 3. Except as amended by this Ordinance, the Redevelopment Plans for the
Original Area and Added Area No. 1 are unchanged and in full force and effect in accordance
with their terms.
Section 4. If any part of this Ordinance is held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, for any reason, such decision shall not affect the
validity of the remaining portions of this Ordinance and this City Council hereby declares that it
would have passed the remainder of this Ordinance if such invalid or unconstitutional portion
thereof had been deleted.
Section 5. This Ordinance shall be in full force and effect thirty (30) days after
passage.
Section 6. The City Clerk shall certify to the passage of this Ordinance and is hereby
directed to publish or post this Ordinance in accordance with law.
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Section 7. The enactment of this Ordinance is not a project pursuant to the California
Environmental Quality Act (Public Resources Code Section 21000 et seg.) and CEQA
Guidelines (14 California. Code of Regulations Section 15000 ct sect.). Because enactment of
this Ordinance is not a project for CEQA purposes, this action is exempt from CEQA pursuant to
CEQA Guidelines Section 15061(b)(3), and staff is directed to lilc a Notice of Exemption with
the County Clerk pursuant to CEQA Guidelines Section 15062 \i ithirl five days of the adoption
date of this Ordinance.
ADOPTED, SIGNED and APPROVED this 19th day of June, 2007.
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.10 arrison, Mayor
ATTEST:
Lo ie Poyz r �4 Clerk
1, Lorrie Poyzer, City Clerk of the City of Redlands, hereby certify that the foregoing ordinance
was duly adopted by the City Council at a regular meeting thereof held on the 19th day of
June 2007, by the following vote:
AYES: Councilmembers Gil, Gallagher, Aguilar; Mayor Harrison
NOES: None
ABSTAIN: None
ABSENT: CounciImernber Gilbreath
Lorr' Poyzer,�- erk
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