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