HomeMy WebLinkAboutORD-11-07 Amend, Modify, & Describe RedevelopementORDINANCE NO. 11-
07 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE MODIFYING, AMENDING
AND DESCRIBING THE ORANGE
REDEVELOPMENT AGENCY'S EMINENT DOMAIN PROGRAM
FOR THE ORANGE MERGED AND
AMENDED REDEVELOPMENT PROJECT AREA
AND AUTHORIZING AND DIRECTING A
REVISED STATEMENT OF INSTITUTION
OF REDEVELOPMENT PROCEEDINGS TO
BE RECORDED IN THE OFFICIAL RECORDS OF
THE COUNTY OF
ORANGE.WHEREAS, the City Council of the City of Orange (the City Council), by
Ordinance No. 49-83 adopted on December 6, 1983, approved a redevelopment plan for the
Tustin Street Project Area and designated by such Ordinance certain area within the City as
a redevelopment project area (the Tustin Street Original Project Area), and thereafter, by Ordinance
No. 20-88 adopted on June 21, 1988, approved an amendment to said redevelopment
plan adding territory the Tustin Street Amendment No. I Project Area) to the Tustin Street
Original Project Area the Tustin Street Original Project Area and the Tustin Street Amendment No.
1 Project Area are collectively referred to herein as the Tustin Street
Project Areas); and WHEREAS, the City Council, by Ordinance No. 37-84
adopted on November 20,1984, approved a redevelopment plan for the Southwest Project Area
and designated by such Ordinance certain area within the City as a redevelopment project
area (the Southwest Original Project Area), and thereafter, by Ordinance No. 20-86 adopted on
July 15, 1986, by Ordinance No. 24-88 adopted on July 5, 1988, and by Ordinance No.
17-96 adopted on July 9, 1996,approved "Southwest Amendment No.
1," "Southwest Amendment No.2," and "Southwest Amendment No.3," respectively, to said
redevelopment plan adding territory to the Southwest Original Project Area (the Southwest Original
Project Area, the Southwest Amendment No.1 Project Area, the Southwest Amendment No.
2 Project Area, and the Southwest Amendment No.3 Project Area are collectively referred to
herein as the Southwest Project Areas); and WHEREAS, the City Council, by Ordinance
No. 22-88 adopted on June 28, 1988,approved a redevelopment plan for
the Northwest Project Area and designated by such Ordinance certain area within the City
as a
redevelopment project area (the Northwest Project Area); and WHEREAS, as required pursuant to
subdivision (e) of Section 33333.6 of the California Community Redevelopment
Law (commencing with Section 33000 of the California Health and Safety Code; herein referred to
as the Redevelopment La) on November 22, 1994,the City Council, by Ordinance No.
20-94, Ordinance No. 22-94, and Ordinance No. 23-94 amended the
redevelopment plans for the Tustin Street Project Areas, the Southwest Project Areas,
and
WHEREAS, the Tustin Street Project Areas, the Southwest Project Areas, and the
Northwest Project Area shall together be referred to herein as the Project Areas; and
WHEREAS, by proceedings instituted under the Redevelopment Law, the City
Council did on November 27, 2001, by final adoption of Ordinance No. 21-01, merge
and amend the Project Areas through the approval and adoption of the Amended and
Restated Redevelopment Plan (Redevelopment Plan) for the Orange Merged and
Amended Redevelopment Project Area (Merged Project Area), the boundaries of which Merged
Project Area incorporate and include all of the Project Areas. The redevelopment plans for the
Project Areas were superseded by the adoption of the Redevelopment Plan for the Merged
Project Area;
and WHEREAS, the Redevelopment Plan for the Merged Project Area authorizes the
use of the power of eminent domain and limitations on its use by the Orange
Redevelopment Agency (Agency) within the Merged Project Area in accordance with the following
provisions of the Redevelopment
Plan:B. (502) Property
ACQuisition I. (503) ACQuisition o(Real
Property Except as specifically exempted herein, the Agency
may acquire, but is not required to acquire, any real
property located in the Project Area by gifi, devise, exchange,
lease,purchase, eminent domain or any other means authorized
by
law.It is in the public interest, and is necessary in order to
execute this Plan, for the power of eminent domain to be employed
by the Agency to acquire real property in all portions of
the Merged and Amended Project Area, with the
following
exclusions:The Agency shall not commence eminent
domain proceedings to acquire any residential uses
conforming to the General
Plan.Except as otherwise provided within, or
otherwise provided by law, no eminent domain proceeding
to acquire property shall be commenced in the
Southwest Amendment No. 3 Redevelopment Project ajier July
9,
2008.Any exercise of its power of eminent domain by the
Agency shall be subject to all of the limitations set forth in this
Plan.
With regards to property within the Southwest Amendment No.
3 Redevelopment Project, no eminent domain proceedings to
acquire property shall be commenced after July 9, 2008. With
regards to the Tustin Original, Tustin Amendment No. I,
Southwest Original, Southwest Amendment No. I, Southwest
Amendment No. 2 and Northwest Project Areas, no eminent
domain proceeding to acquire property within these
redevelopment project areas shall be commenced after twelve
years following the date of adoption of the ordinance approving
and adopting the Plan for the Merged and Amended Project
Area. These limitations may only be extended by subsequent
amendment of the Plan.
2. (504) ACQuisition o(Personal Property
Where necessary in the implementation of this Plan, the Agency
is authorized to acquire personal property in the Merged and
Amended Project Area by any lawful means.
WHEREAS, following the adoption of Ordinance No. 21-01 and the adoption of
the Redevelopment Plan for the Merged Project Area, an Affidavit and Statement was executed
by the then City Clerk of the City of Orange on November 28, 2001 and was recorded in
the Official Records of the County of Orange, State of California (Official Records) on
December 3, 2001 as Instrument No. 20010869583 (the Original Statement of Institution
of Redevelopment Proceedings) for the purpose of describing the boundaries of the land
located within the Merged Project Area and a statement that proceedings for the redevelopment of
the Merged Project Area had then been instituted under the Redevelopment Law;
and WHEREAS, by the enactment of Senate Bill 1809 in 2006, Section 33373 of
the Redevelopment Law now requires redevelopment agencies with redevelopment
plans authorizing acquisition of property by eminent domain to cause a revised Statement
of Institution of Redevelopment Proceedings to be recorded in the Official Records
containing certain information related to a redevelopment agency's use and limitations on its use
of eminent domain;
and WHEREAS, by the enactment of Senate Bill 53 in 2006, Section 33342.7 was added
to the Redevelopment Law requiring each local legislative body that adopted a
redevelopment plan before January 1, 2007 to adopt an ordinance on or before July 1, 2007 that contains
a description of its redevelopment agency's program to acquire real property by eminent
domain;
and WHEREAS, in connection with the adoption of Ordinance No. 21-01, the
City Council reviewed and considered a Negative Declaration for the Redevelopment Plan for
the Merged Project Area, which was prepared and submitted in accordance with
the California Environmental Quality Act (California Public Resources Code Sections 21000 et
seq.; herein referred to as CEQA) and State and local guidelines and regulations adopted
pursuant thereto,and approved said Negative Declaration on November 13, 2001, by Resolution No.
9537;
WHEREAS, there being no change to the Redevelopment Plan for the Merged Project
Area by virtue of the adoption of this Ordinance, this City Council finds and determines that
there is no further documentation or review necessary to be conducted under CEQA; and
WHEREAS, the City Council desires to comply with the provisions of Section 33342.7
of the Redevelopment Law, as introduced into law by Senate Bill 53 in 2006, by adopting this
ordinance for the purpose of describing the Agency's program for the acquisition of real
property by eminent domain; and
WHEREAS, the City Council now desires to restate the Agency's program to acquire
real property by eminent domain in substantially the form set forth in the Redevelopment Plan
for the Merged Project Area; and
WHEREAS, the City Council also desires to comply with the provisions of Section
33373 of the Redevelopment Law, as amended by Senate Bill 1809 of2006, by authorizing and
directing the recordation of a revised Statement of Institution of Redevelopment Proceedings
containing the information required by said Section 33373 related to the Agency's use and
limitations on its use of eminent domain.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE
DOES ORDAIN AS FOLLOWS:
Section I: The Orange Redevelopment Agency's program (herein referred to as the
Program) for the use and limitations on its use of the power of eminent domain under the
Redevelopment Plan for the Merged Project Area is described as follows and is incorporated
into the Redevelopment Plan for the Merged Project Area by reference and made a part thereof
as if fully set forth therein. To the extent of any inconsistencies between the terms and
provisions of the Redevelopment Plan for the Merged Project Area and the terms and
provisions of the following Program, the terms and provisions of the Program shall control.
B. (502) Property ACQuisition
I. (503) ACQuisition o(Real Property
Except as specifically exempted herein, the Agency may
acquire, but is not required to acquire, any real property
located in the Project Area by gift, devise, exchange, lease,
purchase, eminent domain or any other means authorized by
law.
Subject to the limitations set forth in this Plan, it is in the public
interest, and is necessary in order to execute this Plan, for the
power of eminent domain to be employed by the Agency to
acquire real property in all portions of the Merged and
Amended Project Area.
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The Agency shall not exercise the power of eminent domain to
acquire any private real property within the Merged and
Amended Project Area if ownership of the property will be
transferred to a private party or private entity for purposes of
redevelopment, economic development or any other private use.
With regards to property within the Southwest Amendment No.
3 Redevelopment Project, no eminent domain proceedings to
acquire property shall be commenced after July 9, 2008.
With regards to the Tustin Original, Tustin Amendment No.
Southwest Original, Southwest Amendment No. Southwest
Amendment No. 2 Qnd Northwest Project Areas, no eminent
domain proceeding to acquire property within these
redevelopment project areas shall be commenced after twelve
years following the date of adoption of the ordinance approving
and adopting the Plan for the Merged and Amended Project
Area; that is, no eminent domain proceedings can be initiated
ajier November 27, 2013 for those specified redevelopment
project areas.
The Agency's program to acquire real property by eminent
domain may be changed only by Qmending the Plan pursuant to
Article ]2 (commencing with Section 33450 of the California
Health and Safety Code).
2. (504) ACQuisition of" Personal Property
Where necessary in the implementation of this Plan, the Agency
is authorized to acquire personal property in the Merged and
Amended Project Area by any lawful means.
Section 2: The revised Statement of Institution of Redevelopment Proceedings in
the form attached hereto as Exhibit A is hereby approved and the City Clerk is authorized and
directed to execute an original of said revised Statement of Institution of Redevelopment
Proceedings and to cause same to be recorded in the Official Records not later than sixty (60)
days following the effective date of this ordinance.
Section 3: This Ordinance shall take effect thirty (30) days from and after the date
of its final passage.
Section 4: 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 it would have passed the remainder of this Ordinance if such invalid
portion thereof had been deleted. If this Ordinance is entirely invalidated for any reason, then
the Redevelopment Plan for the Merged Project Area shall remain in full force- and effect
without interruption, as if this Ordinance had not been adopted.
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Section 5: A summary of this Ordinance shall be published and a certified copy of
the full text of this Ordinance shall be posted in the Office of the City Clerk at least five (5)
days prior to the City Council meeting at which this Ordinance is to be adopted. A summary of
this Ordinance or the full text of this Ordinance shall also be published once within fifteen (15)
days after this Ordinance's passage in The Orange City News, a newspaper of general
circulation, published and circulated in the City of Orange. The City Clerk shall post in the
Office of the City Clerk a certified copy of the full text of such adopted Ordinance along with
the names of those City Council members voting for and against the Ordinance in accordance
with Government Code Section 36933.
ADOPTED this 8th day of May, 2007.
ATTEST:
ti~~~L_~~
Mary E.. / City Cle , Orange
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF ORANGE
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify
that the foregoing Ordinance was introduced at the regular meeting of the City Council held on
the 24th day of April, 2007, and thereafter at the regular meeting of said City Council duly held
on the 8th day of May, 2007, was duly passed and adopted by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru, Bilodeau
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
of
Orange 6