HomeMy WebLinkAboutOrdinance - 2387 - Eminent Domain
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ORDINANCE NO. 2387
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDDING ADOPTING
A DESCRIPTION OF THE PROGRAM FOR THE ACQUISITION OF REAL
PROPERTY BY EMINENT DOMAIN FOR THE REDEVELOPMENT PLANS FOR
THE CANBY-HILL TOP-CYPRESS PROJECT AREA, THE MARKET STREET
PROJECT AREA, THE BUCKEYE PROJECT AREA AND THE SHASTEC PROJECT
AREA PURSUANT TO RECENTLY ENACTED HEALTH AND SAFETY CODE
SECTION 33342.7, AND RELATED ACTIONS
WHEREAS, pursuant to the California Community Redevelopment Law (Health and
Safety Code Section 33000 et seq.; the "Redevelopment Law"), the City Council (the "City
Council") of the City of Redding (the "City") has adopted and the Redding Redevelopment
Agency (the "Agency") is responsible for implementing the following redevelopment plans (the
"Redevelopment Plans") for the following redevelopment project areas (the "Project Areas"):
1. The Redevelopment Plan for the Canby-Hill top-Cypress Project Area adopted by
Ordinance No. 1552, adopted on July 20, 1981, as amended by Ordinance No. 1942 adopted on
November 6, 1990, as amended by Ordinance No. 2104 adopted on December 20, 1994, as
amended by Ordinance No. 2255 adopted on July 20, 1999, and as further amended by
Ordinance No. 2295 adopted on June 18, 2002 (collectively, the "Canby-Hilltop-Cypress
Redevelopment Plan"), establishing the Canby-Hilltop-Cypress Redevelopment Project Area (the
"Canby Hilltop-Cypress Project Area"); and
2. The Redevelopment Plan for the Market Street Project Area adopted by
Ordinance No. 974, adopted on July 3, 1968, as amended by Ordinance No. 1173, adopted on
August 5,1974, as further amended by Ordinance No. 1295, adopted on November 19,1976, as
further amended by Ordinance No. 1923, adopted on July 17, 1990, as further amended by
Ordinance No. 2103, adopted on December 20, 1994, as further amended by Ordinance No.
2150, adopted on June 4, 1996, as further amended by Ordinance No. 2185, adopted on August
5, 1997, and as further amended by Ordinance No. 2294, adopted on June 4, 2002 (collectively,
the "Market Street Redevelopment Plan"), establishing the Market Street Redevelopment Project
Area (the "Market Street Project Area"); and
3. The Redevelopment Plan for the Buckeye Redevelopment Project Area adopted
by Ordinance No. 2271, adopted on June 20, 2000, (the "Buckeye Redevelopment Plan"),
establishing the Buckeye Redevelopment Project Area (the "Buckeye Project Area"); and
4. The Amended Redevelopment Plan for the SHASTEC Redevelopment Project
Area adopted by Ordinance No. 2271, adopted on October 17, 2006, (the "SHASTEC
Redevelopment Plan"), establishing the SHASTEC Redevelopment Project Area (the
"SHASTEC Project Area"); and
WHEREAS, the legal description of the property contained with the boundaries of each ~
ofthe Project Areas is set forth as an exhibit to each ofthe respective Redevelopment Plans; and ~
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WHEREAS, the Redevelopment Plans authorize the use of eminent domain by the
Agency under specified circumstances; and
WHEREAS, SB 53 added Health and Safety Code Section 33342.7 to the Community
Redevelopment Law, which requires the City Council to adopt by ordinance a description of the
Agency's program to acquire real property by eminent domain; and
WHEREAS, the Agency has prepared the required description of its real property
acquisition program (the "Acquisition Program") which is attached to and incorporated in this
Ordinance in the following exhibits:
1. Exhibit A sets forth the Acquisition Program with respect to the Canby-Hilltop-
Cypress Project Area;
2. Exhibit B sets forth the Acquisition Program with respect to the Market Street
Project Area;
3. Exhibit C sets forth the Acquisition Program with respect to the Buckeye Project
Area; and
4. Exhibit D sets forth the Acquisition Program with respect to the SHASTEC
Project Area; and
WHEREAS, the Agency has prepared and submitted and the City Council has reviewed
and considered the staff report on this Ordinance; and
WHEREAS, SB 1809 added Health and Safety Code Section 33373(c) to the Community
Redevelopment Law, which requires the Agency to record a revised Statements of Institution of
Redevelopment Proceedings (including a description of the Agency's program to acquire real
property by eminent domain) with respect to each of the Project Areas (the "Statements"); and
WHEREAS, Agency staff has prepared and submitted to City Council for review and
approval the Statements.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF REDDING:
Section 1.
and correct.
The City Council hereby finds and declares that the above recitals are true
Section 2. The City Council hereby finds and determines that the adoption of this
Ordinance is required by law is thus necessary and desirable.
Section 3. In compliance with Health and Safety Code Section 33342.7, the City
Counsel hereby approves and adopts the description of the Agency's Acquisition Program for the
Project Areas, as set forth in the attached Exhibit A, Exhibit B, Exhibit C, and Exhibit D.
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Section 4. The City Council hereby approves the Statements. The City
Manager/Agency Executive Director is hereby authorized and directed to record the Statements
in compliance with the provisions of Health and Safety Code Section 33373(c) and Government
Code Section 27295.
Section 5. The City Clerk is hereby directed to file a copy of the Ordinance and the
Statements with the minutes of this meeting, and with the Agency.
Section 6. If any provision, section, subsection, subdivision, sentence, clause or
phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision
shall not affect the validity of the remaining portion or portions of the Ordinance.
Section 7. The passage of this ordinance is not a "project" according to the definition
in the California Environmental Quality Act, and therefore is not subject to the provisions
requiring environmental review.
Section 8. This ordinance shall take effect 30 days after the date of its adoption, and
the City Clerk shall certify to the adoption thereof and cause its publication according to law.
I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the City
Council at a regular meeting on the 15th day of May, 2007; and was duly read and adopted at a
regular meeting on the 5th day of June, 2007, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN :
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Bosetti, Jones, Murray, Stegall, and Dickerson
None
None
None
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DICK DICKERSON, Mayor
Attest:
Form Approved
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RICHARD A. DUVERNAY, Ity Attorney
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EXHIBIT A
PROPERTY ACQUISITION PROGRAM FOR THE CANBY-HILLTOP-CYPRESS PROJECT
AREA
Except as may be specifically exempted herein, the Redding Redevelopment Agency
(the "Agency") may acquire, but is not required to acquire, any real property located in the
Project Area by any means authorized by law.
It is in the public interest and is necessary in order to eliminate the conditions requiring
redevelopment and in order to execute this Plan, for the power of eminent domain to be
employed by the Agency to acquire the real property in the Canby-Hilltop-Cypress Project Area
which cannot be acquired by gift, devise, exchange, purchase, or any other lawful method.
The Agency must commence eminent domain proceedings with respect to any property
which it intends to acquire by not later than June 18,2014. This time limit for commencement of
eminent domain proceedings may be extended only by amendment to the Canby-Hilltop-Cypress
Plan (the "Plan").
The Agency shall not acquire real property to be retained by an owner pursuant to a
participation agreement if the owner fully performs under the agreement. The Agency is
authorized to acquire structures without acquiring the land up on which those structures are
located. The Agency is authorized to acquire either the entire fee or any other interest in real
property less than a fee.
The Agency shall not acquire real property on which an existing building is to be
continued on its present site and in its present form and use without the consent of the owner
unless (1) such building requires structural alteration, improvement, modernization, or
rehabilitation; (2) the site, or lot on which the building is situated, requires modification in size,
shape, or use; or (3) it is necessary to impose upon such property any of the controls, limitations,
restrictions, and requirements of this Plan and the owner fails or refuses to participate in this Plan
by executing a participation agreement.
The Agency is not authorized to acquire real property owned by public bodies which do
not consent to such acquisition. The Agency is authorized, however, to acquire public property
transferred to private ownership before the project is completed, unless the Agency and the
private owner enter into a participation agreement and the owner completes his responsibilities
under the participation agreement.
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EXHIBIT B
PROPERTY ACQUISITION PROGRAM FOR THE MARKET STREET PROJECT AREA
Except as may be specifically exempted herein, the Redding Redevelopment Agency (the
"Agency") may acquire, but is not required to acquire, any real property located in the Market
Street Project Area (the "Project Area") by any means authorized by law.
It is in the public interest and is necessary in order to eliminate the conditions requiring
redevelopment and in order to execute the Market Street Redevelopment Plan (the "Plan"), for
the power of eminent domain to be employed by the Agency to acquire the real property in the
Project Area which cannot be acquired by gift, devise, exchange, purchase, or any other lawful
method.
The Agency must commence eminent domain proceedings with respect to any property
which it intends to acquire by no later than June 4,2014. This time limit for commencement of
eminent domain proceedings may be extended only by amendment to the Plan.
The Agency shall not acquire real property to be retained by an owner pursuant to a
participation agreement ifthe owner fully performs under the agreement. The Agency is
authorized to acquire structures without acquiring the land up on which those structures are
located. The Agency is authorized to acquire either the entire fee or any other interest in real
property less than a fee.
The Agency shall not acquire real property on which an existing building is to be
continued on its present site and in its present form and use without the consent of the owner
unless: (a) such building requires structural alteration, improvement, modernization, or
rehabilitation; (b) the site, or lot on which the building is situated, requires modification in size,
shape, or use; or ( c) it is necessary to impose upon such property any of the controls, limitations,
restrictions, and requirements of this Plan and the owner fails or refuses to execute a
participation agreement in accordance with the provisions of the Plan.
The Agency is not authorized to acquire real property owned by public bodies which do
not consent to such acquisition. The Agency is authorized, however, to acquire public property
transferred to private ownership before redevelopment ofthe Project Area is completed, unless
the Agency and the private owner enter into a participation agreement and the owner completes
his responsibilities under the participation agreement.
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EXHIBIT C
PROPERTY ACQUISITION PROGRAM FOR THE BUCKEYE PROJECT AREA
Except as may be specifically exempted herein, the Redding Redevelopment Agency and
the Redevelopment Agency of the County of Shasta, (collectively referred to hereafter as the
"Agencies"), may acquire, but are not required to acquire, any real property located in the
Buckeye Redevelopment Project Area (the "Project Area") by any means authorized by law.
It is in the public interest and is necessary in order to eliminate the conditions requiring
redevelopment and in order to execute the Buckeye Redevelopment Plan (the "Plan"), for the
power of eminent domain to be employed by the Agencies to acquire the real property in the
Project Area which cannot be acquired by gift, devise, exchange, purchase, or any other lawful
method, provided, however, that the Agencies waive their right to use eminent domain within the
Project Area unless directed to do so by the City of Redding and the County of Shasta (the
"Participating Jurisdictions"). Absent such direction, it will be the responsibility of each
Participating Jurisdiction to use its power of eminent domain to acquire property needed to
further the Plan.
The intent of this Plan is to revitalize the industrial and commercial viability of the area,
and is not intended to directly impact residential development. Consequently, this Plan does not
authorize the power of eminent domain by the Agencies over properties on which people reside.
Eminent Domain proceedings, ifused in the Project Area by the Agencies must be
commenced by June 20, 2012.
The Agencies shall not acquire real property to be retained by an owner pursuant to a
participation agreement ifthe owner fully performs under the agreement. The Agencies are
authorized to acquire structures without acquiring the land up on which those structures are
located. The Agencies are authorized to acquire either the entire fee or any other interest in real
property less than a fee.
The Agencies shall not acquire real property on which an existing building is to be
continued on its present site and in its present form and use without the consent of the owner
unless: (a) such building requires structural alteration, improvement, modernization, or
rehabilitation; (b) the site, or lot on which the building is situated, requires modification in size,
shape, or use; or (c) it is necessary to impose upon such property any of the controls, limitations,
restrictions, and requirements of this Plan and the owner fails or refuses to execute a
participation agreement in accordance with the provisions ofthe Plan.
The Agencies are not authorized to acquire real property owned by public bodies which
do not consent to such acquisition. The Agencies are authorized, however, to acquire public
property transferred to private ownership before redevelopment ofthe Project Area is completed,
unless the Agencies and the private owner enter into a participation agreement and the owner
completes his responsibilities under the participation agreement.
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EXHIBIT D
PROPERTY ACQUISITION PROGRAM FOR THE SHASTEC PROJECT AREA
Except as may be specifically exempted herein, the Redding Redevelopment Agency, the
Redevelopment Agency of the City of Anderson, and the Redevelopment Agency of the County
of Shasta, (collectively referred to hereafter as the "Partner Agencies", or individually, each shall
be referred to as the "Partner Agency"), may acquire, but are not required to acquire, any real
property located in the SHASTEC Redevelopment Project Area (the "Original Project Area")
and the Amended SHASTEC Project Area (the "Added Project Area") by any means authorized
by law.
It is in the public interest and is necessary in order to eliminate the conditions requiring
redevelopment and in order to execute the SHASTEC Redevelopment Plan (the "Plan) and the
Amended SHASTEC Redevelopment Plan (the "Amended Plan"), for the power of eminent
domain to be employed by the Partner Agencies to acquire the real property in the Original
Project Area and the Added Project Area which cannot be acquired by gift, devise, exchange,
purchase, or any other lawful method, provided, however, that each respective Partner Agency
waives its right to use eminent domain within the portion of the Project Area within its
jurisdiction unless directed to do so by the City of Redding, the City of Anderson or the County
of Shasta (the "Participating Jurisdictions") within which the need for acquisition exists. Absent
such direction, it will be the responsibility of each Participating Jurisdiction to use its power of
eminent domain to acquire property needed to further the Amended Plan.
The intent of this Amended Plan is to revitalize the industrial and commercial viability of
the area, and is not intended to directly impact residential development. Consequently, this
Amended Plan does not authorize the power of eminent domain by the Partner Agencies over
properties on which people reside.
Eminent Domain proceedings, if used in the Original Project Area by the Partner
Agencies, must be commenced by July 2,2008, while Eminent Domain proceedings, ifused in
the Added Project Area, must be commenced by October 17, 2018 for the Added Project Area.
The Partner Agencies shall not acquire real property to be retained by an owner pursuant
to a participation agreement if the owner fully performs under the agreement. The Partner
Agencies are authorized to acquire structures without acquiring the land upon which those
structures are located. The Partner Agencies are authorized to acquire either the entire fee or any
other interest in real property less than a fee.
The Partner Agencies shall not acquire real property on which an existing building is to
be continued on its present site and in its present form and use without the consent of the owner
unless: (a) such building requires structural alteration, improvement, modernization, or
rehabilitation; (b) the site, or lot on which the building is situated, requires modification in size,
shape, or use; or ( c) it is necessary to impose upon such property any of the controls, limitations,
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restrictions, and requirements of this Amended Plan and the owner fails or refuses to execute a
participation agreement in accordance with the provisions of the Amended Plan.
The Partner Agencies are not authorized to acquire real property owned by public bodies
which do not consent to such acquisition. The Partner Agencies are authorized, however, to
acquire public property transferred to private ownership before redevelopment of the Original
Project Area and the Added Project Area is completed, unless the Partner Agencies and the
private owner enter into a participation agreement and the owner completes his responsibilities
under the participation agreement.
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