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CITY COUNCIL AGENDA ITEM NO. 25


Meeting Date: April 24, 2007

Subject/Title: Waive second reading and adopt an Ordinance describing the Redevelopment Agency’s program to acquire real property by eminent domain in accordance with Senate Bill 53

Prepared by: Donald Kwong, Senior Redevelopment Analyst

Submitted by: Howard Sword, Director of Community Development

RECOMMENDATION
Waive second reading and adopt an Ordinance describing the Redevelopment Agency’s program to acquire real property by eminent domain in accordance with Senate Bill (SB) 53.

PREVIOUS ACTION
The City Council of the City of Brentwood ("City Council") adopted Ordinance No. 333 on July 13, 1982, approving and adopting the Redevelopment Plan for the Downtown Redevelopment Project ("Downtown Redevelopment Plan"). The Downtown Redevelopment Plan was amended by Ordinance No. 358 on November 29, 1983 to add area to the Downtown Redevelopment Project Area ("Downtown Added Area" also known as Harvest Park area). It was amended again by Ordinance No. 549 on December 27, 1994 and Ordinance No. 621 on September 13, 1999.

The City Council adopted Ordinance No. 496 on July 9, 1991 approving and adopting the Redevelopment Plan for the North Brentwood Redevelopment Project ("North Brentwood Redevelopment Plan"). The North Brentwood Redevelopment Plan was amended by Ordinance No. 548 adopted on December 27, 1994.

The City Council merged the Downtown Redevelopment Project Area with the North Brentwood Redevelopment Project Area (the "Merged Project Area") by Ordinance No. 632 adopted on May 9, 2000. The merged project area was amended by Ordinance No. 699 adopted on March 12, 2002 to change certain time limitations within the Merged Project Area. The Sunset Area was added to the North Brentwood Project Area by Ordinance No. 708 adopted on June 28, 2002 which also amended certain time limitations with respect to the Agency's eminent domain authority in the Merged Project Areas.

At its meeting of April 10, 2007, the City Council introduced and waived the first reading of an Ordinance describing the Redevelopment Agency’s program to acquire real property by eminent domain in accordance with Senate Bill (SB) 53.

In accordance with Community Redevelopment Law, eminent domain authority must be renewed every twelve years by a redevelopment agency. As such with the June 28, 2002 amendment to the Merged Project Area, the Brentwood Redevelopment Agency’s authority of eminent domain expires in 2014. This authority may be extended another twelve years by the Council in 2014.



BACKGROUND
SB 53 (Kehoe), which went into effect January 1, 2007, adds requirements to new and existing redevelopment plans that contain authority for the use of eminent domain. These changes do not affect the substantive power of eminent domain, but redevelopment agencies must comply with the new requirements if and when they decide to use eminent domain.

SB 53 requires that the legislative body adopt an ordinance on or before July 1, 2007, describing the agency’s program to acquire real property by eminent domain in the project areas. Once the Agency adopts the required ordinance, the Agency can only change its eminent domain “program” by amending its redevelopment plan.

FISCAL IMPACT
None.

Attachments: Ordinance No. _____

ORDINANCE NO. _______________


AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD, CALIFORNIA
CONTAINING A DESCRIPTION OF THE CITY OF BRENTWOOD REDEVELOPMENT AGENCY'S PROGRAM TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN IN THE MERGED BRENTWOOD REDEVELOPMENT PROJECTS



WHEREAS, the City Council of the City of Brentwood ("City Council") adopted Ordinance No. 333 on July 13, 1982, approving and adopting the Redevelopment Plan for the Brentwood Redevelopment Project ("Downtown Redevelopment Plan"), as amended by Ordinance No. 358 on November 29, 1983 which added area to the Downtown Redevelopment Project Area ("Downtown Added Area"), Ordinance No. 549 on December 27, 1994, and by Ordinance No. 621 on September 13, 1999; and

WHEREAS, the City Council adopted Ordinance No. 496 on July 9, 1991 approving and adopting the Redevelopment Plan for the North Brentwood Redevelopment Plan ("North Brentwood Redevelopment Plan"), as amended by Ordinance No. 548 adopted on December 27, 1994; and

WHEREAS, the City Council merged the Downtown Redevelopment Project Area with the North Brentwood Redevelopment Project Area (the "Merged Project Areas") by Ordinance No. 632 adopted on May 9, 2000 and as further amended by Ordinance No. 699 adopted on March 12, 2002 which changed certain time limitations within both Project Areas. The Downtown Redevelopment Plan and the North Brentwood Redevelopment are hereinafter referred to as the "Redevelopment Plans"); and

WHEREAS, the Sunset Area was added to the North Brentwood Project Area by Ordinance No. 708 adopted on June 28, 2002 and amended certain time limitations with respect to the Agency's eminent domain authority in the Merged Project Areas; and

WHEREAS, the City of Brentwood Redevelopment Agency ("Agency") has been designated as the official redevelopment agency in the City of Brentwood to carry out the functions and requirements of the Community Redevelopment Law of the State of California (Health and Safety Code Section 33000 et seq.) and to implement the Redevelopment Plans; and

WHEREAS, Sections 308, 309 and 310 of the Downtown Redevelopment Plan contain Agency authority to acquire property by eminent domain; and

WHEREAS, Sections VI B. (1) and (2) of the North Brentwood Redevelopment Plan contains Agency authority to acquire property by eminent domain; and

WHEREAS, Section 33342.7 of the Health and Safety Code was added by Senate Bill 53, which took effect on January 1, 2007, and 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 BRENTWOOD, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. A description of the Agency's program to acquire real property by eminent domain is set forth in Exhibit A-1 and A-2 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 of the City of Brentwood, California, and cause the same to be published once in the Brentwood Press, a newspaper of general circulation, published and circulated in the City of Brentwood, and it will take effect thirty (30) days after its final passage.

PASSED AND ADOPTED this 24th day of April, 2007, by the following vote:

EXHIBIT A-1
REDEVELOPMENT PLAN FOR DOWNTOWN PROJECT ORIGINAL
AND ADDED PROJECT AREA

PART III. PROPOSED REDEVELOPMENT ACTIONS
D. [§308] Property Acquisition

1. [§309] 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 any means authorized by law.

It is in the public interest and is necessary in order to eliminate the conditions requiring redevelopment and in order to execute this Plan for the power of eminent domain to be employed by the Agency to acquire real property in the Project Area which cannot be acquired by gift, devise, exchange, purchase or any other lawful method. Eminent domain proceedings, if used, must be commenced within twelve (12) years from the date of adoption of the Ordinance approving the Sixth Amendment to this Plan (July 9, 2014).

The Agency shall not acquire real property to be retained by an owner pursuant to a participation agreement if the owner fully performs under the agreement. The Agency is authorized to acquire structures without acquiring the land upon which those structures are located. The Agency is authorized to acquire either the entire fee or any other interest in real property less than a fee.

The Agency shall not acquire real property on which an existing building is to be continued on its present site and in its present form and use without the consent of the owner unless: (a) such building requires structural alteration, improvement, modernization or rehabilitation; (b) the site, or lot on which the building is situated, requires modification in size, shape or use; or (c) it is necessary to impose upon such property any of the controls, limitations, restrictions and requirements of this Plan, and the owner fails or refuses to execute a participation agreement in accordance with the provisions of the Plan.

The Agency is not authorized to acquire real property owned by public bodies which do not consent to such acquisition. The Agency is authorized, however, to acquire public property transferred to private ownership before redevelopment of the Project Area is completed, unless the Agency and the private owner enter into a participation agreement and the owner completes his responsibilities under the participation agreement.


EXHIBIT A-2
REDEVELOPMENT PLAN FOR NORTH BRENTWOOD ORIGINAL
AND ADDED PROJECT AREA

PART VI. REDEVELOPMENT TECHNIQUES TO ACHIEVE PLAN OBJECTIVES
B. Property Acquisition

1. Acquisition of Real Property Except as specifically limited herein, the Agency may, but is not required to, acquire, or obtain options to acquire, all real property located in the Project Area by gift, devise, exchange, purchase, eminent domain or any other lawful method whatsoever. The Agency may also acquire any other interest in real property less than a fee interest, including, but not limited to, an easement, a leasehold, or a security interest. Since it is in the public interest and is necessary for the elimination of those conditions requiring redevelopment, the power of eminent domain may be employed by the Agency to acquire real property in the Project Area.

The Agency must commence eminent domain proceedings with respect to any property which it intends to acquire in the Project Area within twelve years of the date of adoption of the ordinance adopting the Fourth Amendment to the Plan. This time limit for commencement of eminent domain proceedings may be extended only by amendment of this Plan.
Prior to any acquisition through eminent domain the Agency shall adopt a resolution declaring a need to acquire any specific property and authorizing the acquisition by such method. The Agency is not authorized to acquire real property owned by public bodies which do not consent to such acquisition. The Agency is authorized, however, to acquire property devoted to a public use, if it is transferred to private ownership before the Agency completes land disposition within the Project Area.


 

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