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HomeMy Public PortalAboutOrdinance 916ORDINANCE NO. 916 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA APPROVING AND ADOPTING THE DESCRIPTION OF THE BEAUMONT REDEVELOPMENT AGENCY' S PROGRAM TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN PURSUANT TO THE REDEVELOPMENT PLAN FOR THE BEAUMONT REDEVELOPMENT PROJECT WHEREAS, the Beaumont Redevelopment Agency (the "Agency") has formulated, prepared and approved the Redevelopment Plan for the Beaumont Redevelopment Project (the "Redevelopment Project"); and WHEREAS, the City Council of the City Beaumont (the "Council") on December 27, 1993, approved and adopted the Redevelopment Plan, by Ordinance No. 741; approved and adopted a First Amendment on January 9, 1995, by Ordinance No. 749; and approved and adopted a Second Amendment on January 6, 2004, by Ordinance No. 852 (collectively, as amended, the "Redevelopment Plan"); and WHEREAS, Senate Bill 53 (Kehoe) ("SB 53"), adopted by the California Legislature during the 2006 Legislative Session and codified as California Health and Safety Code section 33342.7, requires the legislative body of a redevelopment agency which adopted a final redevelopment plan on or before January 1, 2007 to adopt an ordinance describing the Agency's program to acquire property by eminent domain (the "Program"), regardless of whether or not the Agency has retained the power of eminent domain in the Redevelopment Plan; and WHEREAS, the Council adopted and approved the Redevelopment Plan prior to January 1, 2007 and is therefore required to adopt an ordinance pursuant to SB 53 and Section 33342.7; and WHEREAS, the Council desires to adopt this Ordinance to describe the Program as required by SB 53 and Section 33342.7. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, STATE OF CALIFORNIA AS FOLLOWS: Section 1. The recitals contained herein are true and correct and are incorporated herein by this reference. Section 2. The purpose and intent of the Council in adopting this Ordinance is to describe the Agency's program to acquire real property by eminent domain in accordance with the requirements of SB 53 and Health and Safety Code section 33342.7. Section 3. The Council hereby adopts and approves the description of the Agency's program with respect to its ability to acquire property by eminent domain, which it no longer retains, (the "Program") all as more fully described in Exhibit "A" attached hereto and incorporated herein by this reference. Section 4. Any amendment to the Program shall comply with the plan amendment procedures as set forth in the Community Redevelopment Law. Section 5. The City Clerk is hereby directed to send a certified copy of this ordinance to the Agency. Section 6. Effective Date. This ordinance shall be in full force and effect thirty (30) days after its passage. Section 7. Publication. The City Clerk is hereby ordered and directed to certify the passage of this ordinance and cause the same to be published more than five days prior to its introduction and within fifteen days of its adoption in the Press Enterprise, a newspaper of general circulation published and circulated in the City of Beaumont, California. Section 8. If any part of this ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portion of this ordinance and the City Council hereby declares that it would have passed the remainder of this ordinance, if such invalid portion thereof had been deleted. MOVED, PASSED, and ADOPTED by the following vote: AYES: Mayor Fox, Council Members DeForge, NOES: None ABSTAIN: None ABSENT: None AT Dressel, Berg, a1% gh Shelby Hanve , Deputy ty Clerk f Fox, ' - yor \WPDATA\BEAU\0001\DOC\002 Ord Describing Eminent Domain Program (SB 53).doc 2 EXHIBIT "A" BEAUMONT REDEVELOPMENT AGENCY REDEVELOPMENT PLAN FOR THE BEAUMONT REDEVELOPMENT PROJECT DESCRIPTION OF PROGRAM TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 33342.7 In general, pursuant to the California Community Redevelopment Law, the Beaumont Redevelopment Agency (the "Agency") may acquire, but is not required to acquire, any real property located in the Project Area subject to the Redevelopment Plan for the Beaumont Redevelopment Project, as more fully described in Attachment No. 1 attached hereto and incorporated herein by this reference (the "Project Area"), by any means authorized by law, including, but not limited to, gift, grant, exchange, purchase, cooperative negotiations, lease, or eminent domain. The Agency has previously determined that it was in the public interest and was necessary in order to eliminate the conditions requiring redevelopment and in order to execute the Redevelopment Plan for the Beaumont Redevelopment Project (the "Redevelopment Plan"), for the power of eminent domain to be established by the Agency to acquire real property in the Project Area, provided however that eminent domain would not be used with respect to any conforming residential properties. The Redevelopment Plan provided that no eminent domain proceeding to acquire property within the Project Area shall be commenced after twelve (12) years following the date of adoption of the ordinance approving and adopting the Redevelopment Plan, December 27, 1993. The Redevelopment Plan further provided that such time limitation may be extended only by amendment to the Redevelopment Plan. The time limit to commence proceedings in eminent domain expired on December 27, 2005. The Agency has not amended the Redevelopment Plan to extend this time limit. Therefore, the AGENCY CURRENTLY DOES NOT HAVE THE AUTHORITY TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN. The Agency's authority to acquire property by eminent domain as set forth herein shall not be amended unless through amending the redevelopment plan as set forth in the Community Redevelopment Law. ATTACHMENT NO. 1 PROJECT AREA 550 E. 6th Street Beaumont, CA 92223 (951) 769-8520 FAX (951) 769-8526 Email: cityhall@ci.beaumont.ca.us www.ci.beaumont.ca.us LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, June 19, 2007 at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): Ordinance No. 916 An Ordinance of the City Council of the City of Beaumont, California approving and adopting the description of the Beaumont Redevelopment Agency's Program to Acquire Real Property by Eminent Domain Pursuant to the Redevelopment Plan for the Beaumont Redevelopment Agency State Law requires the legislative body of the Beaumont Redevelopment Agency to adopt an ordinance which describes the redevelopment agency's program to acquire real property by eminent domain. Because the Redevelopment does not have the power of eminent domain, this ordinance affirms that the Redevelopment Agency does not have the power to acquire property by eminent domain. Date: June 6, 2007 Shelby Hanvey Deputy City Cler Publish one time only in the Press Enterprise on Thursday, June 14, 2007