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