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HomeMy WebLinkAbout777 - OrdinancesORDINANCE NO. 777 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DESCRIBING THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY'S PROGRAM TO ACQUIRE REAL PROPERTY TO COMPLY WITH STATE REQUIREMENTS ON EMINENT DOMAIN WHEREAS, the Rancho Cucamonga Redevelopment Agency ("Agency') is a redevelopment agency in the City of Rancho Cucamonga, created pursuant to the California Community Redevelopment Law, California Health & Safety Code Section 33000 et seq. ("Community Redevelopment Law"); and WHEREAS, the Rancho Cucamonga City Council adopted and approved the redevelopment plan for the Rancho Redevelopment Project on December 23, 1981, by Ordinance No. 166, establishing thereby the Rancho Redevelopment Project Area (the "Project Area"); and WHEREAS, the redevelopment plan was amended on August 13, 1987, by Ordinance No. 316A to increase the financial limitations to the Plan, to include additional improvements to be undertaken by the Agency, and to make other changes as more particularly described in Ordinance No. 316A; and WHEREAS, the redevelopment plan authorized the Agency to acquire real property and interests in real property by eminent domain under certain limited conditions described in Section 200 of the redevelopment plan; and WHEREAS, under the redevelopment plan, the Agency's authority to acquire real property by eminent domain expired on August 13, 1999; and WHEREAS, the redevelopment plan was further amended on June 20, 2001 by Ordinance No. 657 to extend the time limit within which the Agency is authorized to incur debt in the Project Area and to provide for additional facilities and improvements to be undertaken by the Agency; and WHEREAS, the redevelopment plan was further amended on January 16, 2002 by Ordinance No. 674, to reinstate the Agency's authority to acquire real property and interests in real property by eminent domain as to certain commercially-zoned property described in said amendment (the redevelopment plan, and all amendments thereto, is hereafter referred to as the "Redevelopment Plan"); and WHEREAS, under the Redevelopment Plan, the Agency's authority to institute proceedings to acquire real property and real property interests by eminent domain pursuant to the Redevelopment Plan expires following the expiration of the twelfth year following adoption of Ordinance No. 674; and Ordinance No. 777 Page 2 of 5 WHEREAS, California Health & Safety Code Section 33342.7 (added by Senate Bill No. 53) became effective January 1, 2007, and requires a legislative body that adopted a final redevelopment plan before January 1, 2007, to adopt an ordinance describing the redevelopment agency's program to acquire real property by eminent domain; and WHEREAS, under the Redevelopment Plan the Agency has authority to acquire certain real property and real property interests by eminent domain, and therefore the Redevelopment Plan, together with applicable law, rules, regulations, guidelines, and policies, as described herein, comprise the Agency's program to acquire real property by eminent domain. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES ORDAIN AS FOLLOWS: SECTION 1: The Agency's Eminent Domain Program. Without further amendment of the Redevelopment Plan, the Agency's program for the acquisition of real property by eminent domain is hereby described as follows: (a) The Agency may, but is not required to, exercise its authority to acquire real property and real property interests by eminent domain. The Agency may exercise that authority only when the following conditions are met: (1) The proposed acquisition is in accordance with the Redevelopment Plan and necessary to its execution; and (2) The real property proposed to be acquired by eminent domain is the real property, or some portion of the real property, or any interest in the real property or some portion thereof, that is described in "Amendment Three' to the Redevelopment Plan adopted pursuant to Ordinance No. 674, and described in said amendment as "the commercial portion of the Project Area located east of the 1-15 freeway, west of Etiwanda Avenue and south of Foothill Boulevard, and more particularly described as Assessor Parcel Number 229-031-47 and 229-031-48"; and (3) The proposed acquisition is in compliance with all applicable law and regulations, including but not limited to, the California Eminent Domain Law, California Code of Civil Procedure Section 1230.010 et seq. ("Eminent Domain Law"); and (4) Proceedings to acquire real property or real property interests by eminent domain are commenced on or before the expiration of the twelfth year following adoption of Ordinance No. 674. Ordinance No. 777 Page3of5 (b) The Agency shall offer such participation and reasonable reentry opportunities to owners, business operators, and tenants in the Project Area as are in accordance with the Redevelopment Plan, and shall comply with the Community Redevelopment Law and the Agency's Owner Participation Rules, adopted by Agency Resolution No. RA-81-9, as such rules may be amended from time to time. (c) The Agency shall provide relocation assistance and make all payments in accordance with applicable State law, including but not limited to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code ("State Act"); the Relocation Assistance and Real Property Acquisition Guidelines (Chapter 6 of Title 25 of the California Code of Regulations, beginning with Section 6000)("State Guidelines') adopted by the Department of Housing and Community Development to implement and interpret the State Act; and, if and when applicable, Federal law, including but not limited to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C., Section 4601 et seq.)(the "Federal Act") and the Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs Regulations (49 Code of Federal Regulations, Part 24, beginning with Section 24.1 )(the "Federal Guidelines). The Agency shall comply with its "Rules and Regulations for Implementation of the California Relocation Assistance Law and Real Property Acquisition Guidelines' ("Relocation Rules"), adopted by minute order December 6, 2005, as such rules may be amended from time to time. (d) If the Agency's Owner Participation Rules or Relocation Rules are amended or superseded subsequent to the adoption of Ordinance No. 777, the foregoing description of the Agency's eminent domain program is automatically amended to be consistent with any such amendment or new rules, and no amendment of the Redevelopment Plan shall be required. SECTION 2: California Health 8 Safety Code Section 33342.7. This Ordinance is adopted pursuant to California Health & Safety Code Section 33342.7 and is a description of the Agency's program to acquire real property by eminent domain, as mandated by that statute, and no amendment of the Redevelopment Plan is effected by this Ordinance. SECTION 3: California Environmental Quality Act. This Ordinance has been reviewed with respect to applicability of the California Environmental Quality Act ("CEQA"), and the State CEQA Guidelines (California Code of Regulations, Title 14, Sections Ordinance No. 777 Page 4 of 5 15000 et seq., hereafter the "CEQA Guidelines'), and the City's environmental guidelines. The City has determined that this Ordinance is not a "project" for purposes of CEQA, as that term is defined by CEQA Guidelines Section 15378. Specifically, this Ordinance is adopted in order to comply with the requirements of California Health and Safety Code Section 33342.7, and is an organizational or administrative activity that will not result in a direct or indirect physical change in the environment. (CEQA Guidelines Section 15378(b)(5).) Therefore, because it is not a "project," this Ordinance is not subject to CEQA's requirements. Further, even if this Ordinance were deemed a "project" and therefore subject to CEQA, the Ordinance would be covered by the general rule that CEQA applies only to projects that have the potential to cause a significant effect on the environment (CEQA Guidelines, Section 15061 (b)(3)). As an organizational or administrative activity that does not effect any change in the Agency's authority to exercise its powers of eminent domain and involves no exercise of such powers, the Ordinance does not have the potential to cause a significant effect on the environment and is therefore exempt under this general rule. Further, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, and thus this Ordinance is not subject to CEQA. (CEQA Guidelines, Section 15061(b)(3)) SECTION 4: Severability. If any part of this Ordinance is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, for any reason, such decision shall not affect the validity of the remaining portions of this Ordinance and this City Council hereby declares that it would have passed the remainder of this Ordinance if such invalid or unconstitutional portion thereof had been deleted. SECTION 5: Certification. The City Clerk shall certify to the passage of this Ordinance and is hereby directed to publish or post this Ordinance in accordance with law. SECTION 6: Transmittal to Agency. The City Clerk is hereby directed to send a certified copy of this Ordinance to the Agency. SECTION 7: Filing notice of exemption. Staff is hereby directed to file a Notice of Exemption with the County Clerk within five (5) days of the adoption of this Ordinance pursuant to Section 15062 of the CEQA Guidelines. Ordinance No. 777 Page 5 of 5 PASSED, APPROVED, AND ADOPTED this 6`h day of June 2007. AYES: Gutierrez, Michael, Spagnolo, Williams NOES: None ABSENT: Kurth ABSTAINED: None Diane illiams, Mayor Pro Tem ATTEST: e ra J. Ada ,CMC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the Council of the City of Rancho Cucamonga held on the 16"' day of May 2007, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 6`"day June 2007. Executed this 7`h day of June 2007, at Rancho Cucamonga, California. ebra J. A s, CMC, City Clerk