Ordinance No. 853 - Redevelopment Project Area No. 1 and 2ORDINANCE NO. 853
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
CALIFORNIA, CONTAINING A DESCRIPTION OF THE
COMMUNITY DEVELOPMENT COMMISSION'S
PROGRAM TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN
IN REDEVELOPMENT PROJECT AREA NO. I AND REDEVELOPMENT
PROJECT AREA NO. 2
WHEREAS, the City Council of the City of Rosemead, California ("City
Council") adopted Ordinance No. 340 on June 27, 1972, approving and adopting the
Redevelopment Plan for the Redevelopment Project Area No. I (the 'Redevelopment
• Plan No. I"); and
WHEREAS, the City Council of the City of Rosemead, California ("City
Council") adopted Ordinance No. 809 on June 27, 2000, approving and adopting the
Redevelopment Plan for the Redevelopment Project Area No. 2 (the "Redevelopment
Plan No. 2"); and
WHEREAS, the Community Development Commission of the City of Rosemead
("Commission") has been designated as the official redevelopment agency in the City of
Rosemead to carry out the functions and requirements of the Community Redevelopment
Law of the State of California ("CRL") (Health and Safety Code Section 33000 et seq.)
and to implement Redevelopment Plan No. 1 and Redevelopment Plan No. 2; and
WHEREAS, Part 6 - Implementation Provisions of the Redevelopment Plan No.
1 contains Commission authority to acquire property by eminent domain; and
• WHEREAS, Section III - Redevelopment Implementation, C.1 of the
Redevelopment Plan No. 2 contains Commission authority to acquire property by
eminent domain; and
WHEREAS, Section 33342.7 of the Health and Safety Code, which was added by
Senate Bill 53 ("SB 53") and which took effect on January 1, 2007, requires a legislative
body that has adopted a redevelopment plan prior to January 1, 2007, to adopt an
ordinance on or before July 1, 2007, describing the agency's program to acquire real
property by eminent domain.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Program of the Community Development Commission of the City
of Rosemead to Acquire Real Property By Eminent Domain.
A. The Commission's authority to use the power of eminent domain to
acquire real property with respect to Redevelopment Project Area No. 1 shall be in
accordance with the Redevelopment Plan for Project Area No. I which provides, in Part
6, that the Commission may acquire, but is not required to acquire, any real property
located in the Project Area by gift, devise, exchange, purchase, eminent domain, or any
other lawful method. The Commission currently has no plans to acquire property within
Project Area No. 1 through the use of eminent domain, but reserves the right to do so
pursuant to Health and Safety Code § 33333.2. The Commission has not elected to
extend the twelve year time limitation for exercising eminent domain powers to acquire
real property in Project Area No. 1.
B. The Commission's authority to use the power of eminent domain to
acquire real property with respect to Redevelopment Project Area No. 2 shall be in
accordance with the Redevelopment Plan for Project Area No. 2 which provides, Section
III.C.1, that the Commission may acquire, but is not required to acquire, any real property
• located in the Project Area by gift, devise, exchange, purchase, or any other lawful
means, including eminent domain. Notwithstanding the foregoing, and as provided in
Section III.C.1 of Redevelopment Plan No. 2, eminent domain proceedings, if used, must
be commenced within twelve (12) years from the effective date of Ordinance No. 809,
i.e., by June 27, 2012. Once the foregoing described twelve (12) year period has expired
the Commission may not use eminent domain to acquire real property unless that time
limitation has been extended by amendment of Redevelopment Plan No. 2 except as may
otherwise be provided by the CRL or other applicable law.
C. The Commission shall use the power of eminent domain to acquire real
property only if negotiations for the voluntary purchase and sale of real property do not
result in the acquisition by the Commission of real property that the Commission has the
power to acquire pursuant to the Redevelopment Plan No. 2 and the CRL.
D. When exercising the power of eminent domain to acquire real property
• pursuant to, and as limited by, the Redevelopment Plan No. 2, the Commission shall
comply with all applicable provisions of federal, state, and local laws and regulations,
including but not limited to the United States Constitution, the California Constitution,
the Eminent Domain Law of the State of California (Code of Civ. Proc. § 1230.010 et
seq.), and the CRL. If, when exercising the power of eminent domain to acquire real
property, a person or entity is a "displaced person" as defined by applicable law that
would entitle such person or entity to relocation assistance, the Commission shall comply
with all provisions of federal, state, and local laws and regulations requiring relocation
assistance, if and to the extent applicable, including but not limited to the United States
Uniform Relocation Assistance and Real Property Acquisition Policies Act (42 U.S.C.
§ 4601 et seq.) and implementing regulations, the California Real Property Acquisition
and Relocation Assistance Act (Gov. Code § 7260 et seq. Article 9 of Chapter 4 of
Part 1 of the CRL (Gov. Code § 33410 et seq.), Title 25 of California Code of
Regulations Section 6000 et seq., Redevelopment Plan No. 2, and the Commission's
adopted Relocation Method.
E. Nothing in this Ordinance is intended to, or shall, act to limit or extend the
authority of the Commission or the City as may be provided in the Redevelopment Plan
No. 2 or the CRL or other applicable law or regulation.
F. Except as may otherwise be provided in the CRL or other applicable law,
the Commission's program to acquire real property by eminent domain as set forth in this
Ordinance may be changed only by amending the Redevelopment Plan No. 2 pursuant to
the CRL.
Section 2. The City Clerk is hereby directed to send a certified copy of this
Ordinance to the Commission.
Section 3. 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
• this City Council hereby declares that it would have passed the remainder of this
Ordinance if such invalid portion thereof had been deleted.
Section 4. The City Clerk will certify to the passage of this Ordinance by the
City Council, and cause the same to be published once in the San Gabriel Valley Tribune,
a newspaper of general circulation, published and circulated in , and it will take effect
thirty (30) days after its final passage.
PASSED AND ADOPTED this 29th day of May, 2007, by the following vote:
AYES: CLARK, LOW, NUNEZ, TAYLOR, TRAN
NOES:
• ABSTAIN:
ABSENT:
ATTEST:
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD )
I, Nina Castruita, City Clerk of the City of Rosemead, do hereby certify that
Ordinance No. 853 was duly and regularly approved and adopted by the Rosemead City
Council on the 29th of May, 2007, by the following vote to wit:
• Yes: CLARK, LOW, NUNEZ, TAYLOR, TRAN
No: None
Absent: None
Abstain: None
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Nina Castruita
City Clerk
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