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CC - Item 4H - Ordinance No. 853• S M F S ORpOrtni[D XCl i ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: ANDREW C. LAZZARETTO, CITY MANAGE DATE: MAY 8, 2007 SUBJECT: CITY OF ROSEMEAD ORDINANCE NO. 853 - COMPLIANCE WITH SENATE BILL 53 (SB 53) SUMMARY In 2006, the Governor signed Senate Bill 53 (SB 53) into law. This new measure requires every city and county with a redevelopment agency to adopt an ordinance by July 31, 2007 that describes all programs "to acquire real property by eminent domain.,, By approving Ordinance No. 853 (Attachment A), the City would come into compliance with SB 53. The proposed ordinance merely restates what is in the Redevelopment Plans for Project Area No. 1 and Project Area No. 2. In addition, the Ordinance reiterates existing law, including that the Commission's authority to use eminent domain has expired in Project Area No. 1 and is scheduled to expire on June 27, 2012 in Project Area No. 2, unless the time limitations are extended by amendment to the Redevelopment Plans or as authorized by state law. Staff Recommendation Staff recommends that the City Council waive further reading and introduce Ordinance No. 853. LEGAL REVIEW This staff report and the attached ordinance have been reviewed and approved by the City Attorney. SRedevelopment Administrator/Deputy Executive Director Attachment A -Ordinance No. APPROVED FOR CITY COUNCIL AGENDA: • ORDINANCE 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. 1 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. 1 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. 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. 1 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. I 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 8th day of May, 2007, by the following vote: AYES: NOES: ABSTAIN: ABSENT: MAYOR ATTEST: City Clerk