Res01 RD-01-66 - Laserfiche WebLink

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Council of Redwood City Written Findings in Response to Written Objections ("Findings") Regarding Proposed Fifth Amendment Redevelopment Plan for Redevelopment Project No. 2 Donald A. Wilson submitted a letter to the City Council dated May 25, 2001. The letter is a written objection to the proposed Fifth Amendment to the Redevelopment Plan for Project No. 2 (the "Project Area"). The Fifth Amendment proposes to extend the time for commencement of eminent domain actions in the Project Area for an additional twelve years. Mr. Wilson references Health and Safety Code Section 33333.2 (a) (4) and (c) as authorizing an extension of eminent domain authority only for amendments of the Redevelopment Plan that add territory. Given this, he concludes that the City Council cannot extend eminent domain for the existing Project Area, since no territory is being added to the Project Area. Mr. Wilson's reading of the Health and Safety Code (the "Code") is incorrect, as explained below. The relevant section of the Code under which the City Council is considering the extension of eminent domain authority is Section 33333.4 (g). This section applies to Redevelopment Plans adopted on or after October 1, 1976 and before January 1, 1994. Since the Redevelopment Plan was originally adopted on August 19, 1982 and last amended on January 18, 1990 to add territory, this section governs the eminent domain time limit for the Project Area. The key section in regard to extending eminent domain authority for the Project Area is Section 33333.4 (g) (2), which states that the Redevelopment Plan must have "A time limit, not to exceed 12 year, for commencement of eminent domain proceedings to acquire property within the project area. This time limit may be extended only pursuant to amendment of the redevelopment plan." This section provides the City Council with the authority to amend the redevelopment plan to extend eminent domain authority, and is in no way dependent on adding territory. It should also be pointed out that Section 33333.2 does not limit the extension of eminent domain authority only to amendments that add territory. This section of the Code governs financial and eminent domain time limits for new redevelopment project areas, or for territory added to a project area that are adopted after January 1, 1994. Due to changes in the Code that were approved in 1993, such project areas have somewhat different financial and time limits than those adopted prior to this date. The eminent domain time limit can still be extended in such project areas, as allowed by Section 33333.2 (a) (4). Such an extension is not tied to the addition of territory and contains the same language as that described above in Section 33333.4 (g). Mr. Wilson requests that the Fifth Amendment be rejected, or as an alternative, that his property be removed from the Project Area. For the reasons described above, the City Council overrules Mr. Wilson's request that the Fifth Amendment be rejected, since the Council clearly has the authority to extend the eminent domain time limit. As for Form AICJDES: 6/19/0l RD01-66