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Home My WebLink AboutCC ORD 2007-2293 Adds Ch. 2.65, property acquisition by eminent domain (2.65)ORDINANCE NO. 2007 — 2293 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DESCRIBING THE PREVIOUSLY -APPROVED PROGRAM OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN WHEREAS, Section 33342.7 of the Health and Safety Code, part of the Community Redevelopment Law, was enacted in 2006 to require a legislative body that adopted a final redevelopment plan on or before January 1, 2007 to adopt an ordinance on or before July 1, 2007 that contains a description of the redevelopment agency's program to acquire real property by eminent domain; and WHEREAS, the Community Development Commission of the City of National City (the "CDC") is the community's redevelopment agency and housing authority; and WHEREAS, the Redevelopment Plan for the National City Redevelopment Project (the "Redevelopment Plan") was adopted on July 18, 1995, pursuant to Ordinance No. 95-2095; and WHEREAS, the Redevelopment Plan was amended pursuant to Ordinance No. 2001-2187, adopted on June 19, 2001; and WHEREAS, the existing Redevelopment Plan, as amended, includes a program to acquire real property by eminent domain. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby sets forth and describes the CDC's program to acquire property by eminent domain, as follows: PROPERTY ACQUISITION Acquisition of Real Property Without limitation, the CDC may acquire real property, any interest in property, and any improvements on it by any means authorized by law including, without limitation, by gift, grant, exchange, purchase, cooperative negotiations, lease, option, bequest, or devise. In addition, the CDC may also employ eminent domain in projects involving land acquisition of any real property identified in Exhibit "A", incorporated herein by reference. Land acquisition by eminent domain shall occur only in designated "acquisition areas". To the extent required by law, the CDC 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: (1) such building requires structural alteration, improvement, modernization or rehabilitation; or (2) the site or lot on which the building is situated requires modification in size, shape or use; or (3) it is necessary to impose upon such property any of the standards, restrictions and controls of this Plan and the owner fails or refuses to participate in the Plan by executing an Owner Participation Agreement. Except as otherwise provided herein, or otherwise provided by law, no eminent domain proceeding to acquire property within acquisition areas of the Project Area shall be commenced after twelve (12) years following the date of adoption of the ordinance adopting the Ordinance No. 2007 — 2293 Page 2 Redevelopment Plan. Accordingly, under the existing Plan, no eminent domain proceeding to acquire property shall be commenced after August 18, 2007. Such time limitation may be extended only by amendment of the Plan. Acquisition of Personal Property Where necessary in the implementation of this Plan, the CDC is authorized to acquire personal property in the Project Area by any lawful means. Exclusion of Single -Family Residential Properties In Existing and Added Areas, single-family residential properties are specifically excluded from the use of eminent domain. RELOCATION OF PERSONS DISPLACED BY A PROJECT Relocation Program In accordance with the provisions of the California Relocation Assistance Law (Government Code Section 7260, et seq.), the guidelines adopted and promulgated by the California Department of Housing and Community Development (the "Relocation Guidelines") and the Method of Relocation adopted by the CDC, the CDC shall provide relocation benefits and assistance to all persons (including families, business concerns and others) displaced by CDC acquisition of property in the Project Area or as otherwise required by law. Such relocation assistance shall be provided in the manner required by the Method of Relocation. In order to carry out a redevelopment project with a minimum of hardship, the CDC will assist displaced households in finding decent, safe and sanitary housing within their financial means and otherwise suitable to their needs. The CDC shall make a reasonable effort to relocate displaced individuals, families, and commercial and professional establishments within the Project Area. The CDC is also authorized to provide relocation for displaced persons outside the Project Area. Relocation Benefits and Assistance The CDC shall provide all relocation benefits required by law and in conformance with the Method of Relocation, Relocation Guidelines, Relocation Assistance Act, the Redevelopment Law, and any other applicable rules and regulations. PASSED and ADOPTED this 15th day of, - , 2007. ATTEST: Fof. Michael R. Dalla City Clerk Ron Morrison, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney NATIONAL CITY REDEVELOPMENT PROJECT N EXHIBIT A CITY OF SAN DIEGO 1.11.7111' = 5c �IIIIIw _ .Pol' �41,i -•Illuc1111:• ulunuueul. ��•�• n�uiuuuiJlll:`IL�I� :II 1111/111/1 : W 111111111111q: elll1■al11 1pal�ll l IIIIIIIL ' IlllIa MIA 1�1III ul 1�II III.... 11111u :IIIIIp11r11 uu l Y 11 Illuu I/UMt11_ IMF :1111147 III 1111111 !!IIOII pII 1i l II u 1 lffl It, Ell.±II�IyeluuAluuln It, .It■1.unuuuL_ == e�11� ■1111111111y —Imo - .w Ile w Ilul1eI111U __. .� .pi. IT Palm 8th Street Corridor a '•I� Bane i1;•1111111li BIS .•N 1i11111 AU .Iw 2�.pa 1111 i� Plaza Blvd Highland Ave 30th St/Sweetwater CHULA VISTA LOCATION OF REAL PROPERTY POTENTIALLY SUBJECT TO EMINENT DOMAIN E3 Project Area Boundary - Locat ons of Eminent Domain Authority Municipal Boundary 0 0.12S 0 E i EXHIBIT A LOCATION OF REAL PROPERTY POTENTIALLY SUBJECT TO ACQUISITION BY EMINENT DOMAIN Pursuant to Section 603 of the Redevelopment Plan, the CDC may acquire the following properties through the use of eminent domain: "Existing Area", as defined in Section 300(m) of the Plan, means the merged National City Redevelopment Project Area originally formulated by Ordinance No. 1762 adopted by the City Council on December 1, 1981, and subsequently amended by Ordinance No. 1821 on May 22, 1984, Ordinance No. 1851 on April 16, 1985, and Ordinance No. 91-2013 on June 18, 1991, as depicted on Exhibit A of the Plan, as follows. • All parcels located immediately east and adjacent to National City Boulevard, between Division Street and the south City limits • All parcels located immediately west and adjacent to National City Boulevard, between Division Street and State Route 54. • All parcels located immediately north and adjacent to Civic Center Drive, between Interstate 5 and National City.Boulevard. • All parcels located immediately south and adjacent to Civic Center Drive, between Interstate 5 and National City Boulevard. • All parcels located immediately north and south and adjacent to 8"' Street, between Interstate 5 and "D" Avenue. • Assessor's Parcel Numbers 556-560-41, 556-560-42, 556-560-43, and 556-560- 44 located immediately southwest of the intersection of Plaza Boulevard and Highland Avenue. "Added Area", as defined in Section 300(A) of the Plan, means the territories included in the Project Area by Ordinance No. 95-2095 adopted by the City Council on July 18, 1995, as depicted on Exhibit "D" of the Plan, as follows: All property in the Added Area, excepting San Diego Unified Port District property. IN EXISTING AND ADDED AREAS, SINGLE-FAMILY RESIDENTIAL PROPERTIES ARE SPECIFICALLY EXCLUDED FROM THE USE OF EMINENT DOMAIN. Passed and adopted by the Council of the City of National City, California, on May 15, 2007, by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON By: Mayor of the City of National City, California 1 , I a 1,13 A City CI rk of the City o National City, California Deputy I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed between the day of its introduction and the day of its final passage, to wit, on May 1, 2007, and on May 15, 2007. I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each member of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of ORDINANCE NO. 2007-2293 of the City Council of the City of National City, passed and adopted by the Council of said City on May 15, 2007. By: City Clerk of the City of National City, California Deputy