AgdaPkt 2007-06-04 - Laserfiche WebLink

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R~PC~f~T To the Honorable Mayor and City Council From the C# Mana er June 4, 2007 SUBJECT New Legislative Requirement-Redevelopment Agency Eminent Domain Authority RI=COMMENDATION Introduce an Ordinance consistent with the requirements of Senate Bill 53 (SB 53) describing the Redevelopment Agency's policies and program for the use of eminent domain, pursuant to the Redevelopment Plan for Project Area No. 2. BACKGROUND The State Legislature recently passed Senate Bill 53 (SB 53} which took effect on January 1, 2007. SB 53 requires that City Councils adopt an Ordinance describing their Redevelopment Agency's power to acquire property by eminent domain. In no way does the new Ordinance amend or otherwise modify existing eminent domain policies or authorities; i# simply describes the authority that currently exists. The Council is required to adopt the Ordinance on or before July 1, 2007. Therefore, so long as the second reading of the Ordinance occurs on or before July 1, 2007, the Agency will comply with the requirements of SB 53 (codified as Section 33342.7 of the California Health and Safety Code}. If the Council approves the ordinance on June 4t", the second reading will occur by July 1, 2007. As stated in Exhibit A of the Ordinance, in general the Redevelopment Agency (Agency) may acquire, but is not required to acquire, any real property located in the Project Area subject to the Redevelopment Plan by gift, devise, exchange, lease, purchase, eminent domain or any other lawful method. Should the Agency choose to use eminent domain to acquire real property, the Agency may proceed as follows: • The Agency shall follow all applicable laws • The Agency shall, in good faith, negotiate for the purchase of real property prior to filing an eminent domain action in court • Conforming residential property shall not be subject to acquisition by eminent domain. For purposes of the Redevelopment Plan and Program, "conforming residential property" shall mean property which was zoned residential and in residential use (owned or rented, single or multi-family at the time the Redevelopment Plan was amended in January 1990 • The Agency's power to acquire real property through eminent domain shall expire on January 18, 2008 6.3A age 1 Finally, the Agency's authority to acquire property by eminent domain as described above shall not be amended except through amending the Redevelopment Plan as set forth in the Community Redevelopment Law.