HomeMy WebLinkAbout07-13 - Acquire Real Property by Eminent Domain in Downtown Redevelopment Project AreaORDINANCE NO. 07-13
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, CONFORMING TO
HEALTH AND SAFETY CODE SECTION 33342.7,
CONTAINING A DESCRIPTION OF THE COSTA MESA
REDEVELOPMENT AGENCY'S PROGRAM TO
ACQUIRE REAL PROPERTY BY EMINENT DOMAIN IN
THE COSTA MESA DOWNTOWN REDEVELOPMENT
PROJECT AREA.
WHEREAS, the City Council of the City of Costa Mesa, California ("City
Council") adopted Ordinance No. 86-24 on December 15, 1986, approving and
adopting the Redevelopment Plan for the City of Costa Mesa Downtown
Redevelopment Project (the "Redevelopment Plan"); and
WHEREAS, the Redevelopment Agency of the City of Costa Mesa ("Agency")
has been designated as the official redevelopment agency in the City of Costa Mesa
to carry out the functions and requirements of the Community Redevelopment Law
of the State of California (Health and Safety Code Section 33000 at seq.) and to
implement the Redevelopment Plan; and
WHEREAS, Section 9.3 (Time Limit on Acquisition of Property by Eminent
Domain) of the Redevelopment Plan sets forth the Agency's time period for authority
to acquire property by eminent domain; and
WHEREAS, said time period for the acquisition of property by Eminent
Domain within the Redevelopment Project Area expired on January 14, 1999 and
has not been extended; and
WHEREAS, Section 33342.7 of the Health and Safety Code, which was added
by Senate Bill 53 ("SB 53"), which took effect on January 1, 2007, requires a
legislative body that adopted a redevelopment plan containing eminent domain
authority before January 1, 2007, to adopt an ordinance on or before July 1, 2007,
containing a description of the agency's program to acquire real property by eminent
domain.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Sectionl. Pursuant to Section 33342.7 of the Health and Safety Code, a
description of the Agency's program to acquire real property by eminent domain is
set forth in Exhibit A, attached hereto and incorporated herein by this reference. The
Agency's program to acquire real property by eminent domain may be amended only
by amending the Redevelopment Plan pursuant to Article 12 of the Community
Redevelopment Law (commencing with Health and Safety Code Section 33450).
Section 2. The City Clerk is hereby directed to send a certified copy of this
Ordinance to the Agency.
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 Daily Pilot, a
newspaper of general circulation, published and circulated in the City of Costa Mesa,
and it will take effect thirty (30) days after its final passage.
PASSED AND ADOPTED this 19"' day of June, 2007.
ATTEST:
Jule Folcik, City Clerk
Allan R. Mansoor, Mayor
APPROVED AS TO FORM:
' 4- G�"
Kimberly Hall Barlow, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, JULIE FOLCIK, City Clerk of the City of Costa Mesa, DO HEREBY
CERTIFY that the above and foregoing Ordinance No. 07-13 was duly introduced for
first reading at a regular meeting of the City Council held on the 5" day of June,
2007, and that thereafter, said Ordinance was duly passed and adopted at a regular
meeting of the City Council held on the 19`h day of June, 2007, by the following roll
call vote, to wit:
AYES: COUNCIL MEMBERS: MANSOOR, BEVER, DIXON, FOLEY. LEECE
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of
the City of Costa Mesa this 201h day of June, 2007.
JULM FOLCIK, CITY CLERK
(SEAL)
I hereby certify that the above and foregoing is the original of Ordinance No. 07-13
duly passed and adopted by the Costa Mesa City Council at the regular meeting held
June 19, 2007, and that Summaries of the Ordinance were published in the Newport
Beach -Costa Mesa Daily Pilot on June 13 and 27, 2007.
��7
LIE FOLCI , CITY CLERK
-(SEAL)
"EXHIBIT A"
Pursuant to Section 33342.7 of the Health and Safety Code, a description of the
Agency's program to acquire real property by eminent domain is herein set forth.
The City Council of the City of Costa Mesa adopted Ordinance No. 86-24, (copy
attached) on December 15, 1986. This Ordinance established certain limitations for
the Redevelopment Plan for the City of Costa Mesa Downtown Redevelopment
Project as required by California Health and Safety Code Section 33333.4. Section
1. (C.) states, "No eminent domain proceeding to acquire property within the
Redevelopment Project area shall be commenced after twelve (12) years following
the effective date of this Ordinance. Such time limitation may be extended only by
amendment of the Redevelopment Plan in the manner required by law."
Given the Ordinance adoption date of December 15, 1986, which took full force and
effect thirty (30) days from passage on January 14, 1987, and with no eminent
domain proceeding to acquire property within the Redevelopment Project area to
commence after twelve (12) years following the effective date of the Ordinance, the
authority to acquire property through the use of eminent domain in the Costa Mesa
Downtown Project Area expired or sunset on January 14, 1999.
Furthermore, it should be noted that there have been no additional amendments to
the Downtown Redevelopment Plan that could have extended any time limitation,
since this last amendment stated In Ordinance No. 86-24. Therefore, the City of
Costa Mesa's authority to acquire property via eminent domain ended on January 14,
1999.