MEETING DATE: May 14, 2007
AGENDA ITEM: Introduction of an Ordinance Pursuant to Section 33342.7 of
the California Health and Safety Code, Pertaining to the Culver City
Redevelopment Agency's Existing Program to Acquire Property by Eminent
Domain.
ATTACHMENTS
Pages
1. Proposed Ordinance 1-5ORDINANCE NO. 2007-
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
CULVER CITY, CALIFORNIA, DESCRIBING THE CULVER
CITY REDEVELOPMENT AGENCY'S PROGRAM TO
ACQUIRE PROPERTY BY EMINENT DOMAIN WITHIN
THE CULVER CITY REDEVELOPMENT PROJECT AREA
PURSUANT TO CALIFORNIA HEALTH AND SAFETY
CODE SECTION 33342.7(a)
WHEREAS, pursuant to Ordinance No. CS-712, adopted on July 26, 1971,
the City Council for the City of Culver City ("City Council") adopted a final redevelopment
plan for the Slauson-Sepulveda Redevelopment Project, Project No. 1 ("Project Area
No.1"); and
WHEREAS, the redevelopment plan for Project Area No. 1 was amended by
the City Council pursuant to Ordinance Numbers CS-892 (adopted on June 6, 1977), 89-
034 (adopted on December 11, 1989, and 94-034 (adopted on December 27, 1994); and
WHEREAS, pursuant to Ordinance No. CS-729, adopted on December 28,
1971, the City Council adopted a final redevelopment plan for the Overland-Jefferson
Redevelopment Project No. 2 ("Project Area No. 2"); and
WHEREAS, the redevelopment plan for Project Area No. 2 was amended
by the City Council pursuant to Ordinance Number 94-035 (adopted on December 27,
1994); and
WHEREAS, pursuant to Ordinance No. CS-862, adopted on November 24,
1975, the City Council adopted a final redevelopment plan for the Washington-Culver
Redevelopment Project No. 3 ("Project Area No. 3"); and|101010101010101010 10
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28WHEREAS, the redevelopment plan for Project Area No. 3 was amended by
the City Council pursuant to Ordinance Number 94-036 (adopted on December 27, 1994);
and
WHEREAS, Project Area No. 1, Project Area No. 2, and Project Area No. 3
were merged into the Culver City Redevelopment Project Area (as Component Area Nos.
1, 2, and 3, respectively), and the Redevelopment Plan for Culver City Redevelopment
Project (the "Plan") was adopted, pursuant to Ordinance No. 98-014 (adopted on
November 23, 1998); and
WHEREAS, pursuant to Ordinance No. 98-015, adopted on November 23,
1998, the City Council added Component Area No. 4 to the Culver City Redevelopment
Project Area; and
WHEREAS, the Plan was amended by the City Council pursuant to
Ordinance Number 2004-001 (adopted on January 12, 2004); and
WHEREAS, in accordance with California Health and Safety Code section
33342.7(a), which went into effect on January 1, 2007, a legislative body that adopted a
final redevelopment plan before January 1, 2007, shall adopt an ordinance on or before
July 1, 2007, that contains a description of the redevelopment agency's ("Agency's")
program to acquire real property by eminent domain ("Program"); and
WHEREAS, the Plan contains a description of the Agency's Program that is
applicable to Component Area Nos. 1, 2, 3, and 4.
The City Council of the City of Culver City, California, DOES HEREBY
ORDAIN as follows:
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28SECTION 1. The City Council hereby finds and determines that all of the
foregoing recitals are true and correct.
SECTION 2. The Agency's Program, which is set forth in the Plan under
Section 303 of Component Area Nos. 1, 2, and 3 and Section 321 of Component Area No.
4, is as follows:
Except as specifically exempted herein, the Agency may acquire but is not
required to acquire, all real property located in the Project area, by gift, devise, exchange,
purchase, eminent domain, or any other lawful method. The Agency shall not have
authority to acquire, by eminent domain, property on which any persons lawfully reside.
For Component Area Nos. 1, 2, and 3, eminent domain proceedings, if used, must be
commenced within twelve (12) years from the effective date of City Ordinance No. 98-014
(December 23, 1998).
For Component Area No. 4, eminent domain proceedings, if used, must be
commenced within twelve (12) years from the effective date of City Ordinance No. 98-015
(December 23, 1998).
Section 321 of the Plan, pertaining to Component Area No. 4, specifically
provides that properties that may not be acquired by eminent domain include the
following:
a) Real Property on which any persons lawfully reside.
b) Real Property owned by public bodies which do not consent to such
acquisition. The Agency is authorized, however, to acquire Real Property
devoted to public use; or,
c) 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
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28unless: (i) the building requires structural alterations, improvements,
modernization or rehabilitation; (ii)the site or lot on which the building is
situated requires modification in size, shape or use; or (iii) it is necessary to
impose upon such Real Property any of the standards, restrictions or
controls of this Plan, and the owner fails or refuses to participate in this
Project by executing an owner participation agreement.
It is in the public interest and is necessary in order to eliminate the
conditions requiring redevelopment and in order to execute the Plan, for the power of
eminent domain to be employed by the Agency to acquire real property in the Project
area.
SECTION 3 If any section, subsection, subdivision, paragraph, sentence,
clause or phrase in this Ordinance or any part thereof is for any reason held to be
unconstitutional or invalid or ineffective by any court of competent jurisdiction, such
decision shall not affect the validity or effectiveness of the remaining portions of this
Ordinance or any part thereof. The City Council hereby declares that it would have
passed each section, subsection, subdivision, paragraph, sentence, clause or phrase
thereof irrespective of the fact that any one (1) or more subsections, subdivisions,
paragraphs, sentences, clauses or phrases be declared unconstitutional, or invalid, or
ineffective.
SECTION 4. The City Council hereby authorizes and directs the City
Manager to undertake such actions and execute such documents as may be reasonably
necessary or convenient to the carrying out and administration of the actions authorized
by this Ordinance.
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28SECTION 5 This Ordinance shall take effect thirty (30) days from the date
of its adoption and, as required by Section 619 of the City Charter, prior to the expiration
of fifteen (15) days from the adoption hereof the City Clerk shall cause this Ordinance to
be published in The Culver City News. Additionally, the City Clerk shall post this
Ordinance or a summary thereof in at least three public places within the City pursuant to
Section 517 of the City Charter.
APPROVED and ADOPTED this day of , 2007
, Mayor
City of Culver City, California
ATTEST: APPROVED AS TO FORM:
CHRISTOPHER ARM ENTA,
City Clerk
A07-00309
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CAROL A. SCHWAB,
City Attorney
City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council introduce the Ordinance, included as Attachment
No. 1, pursuant to Section 33342.7 of the California Health and Safety Code.
BACKGROUND:
In Kelo v. the City of New London, (2005) 125 S. Ct. 2655, the United States
Supreme Court ruled that it was not a violation of the federal constitution for a local
government entity in Connecticut to take private property by eminent domain for
“economic development” purposes. Even though redevelopment agencies have no
such powers in California, where redevelopment eminent domain is strictly limited to
the elimination of blight, the California Legislature nevertheless felt compelled to
react to this ruling by adopting AB 773, AB 782, AB 1893, SB 53, SB 1206, SB 1210,
SB 1650, and SB 1809 to prevent a perceived misuse of eminent domain and
redevelopment powers by local government entities. These bills were signed by
Governor Schwarzenegger on September 29, 2006 and took effect on January 1,
2007. While all of these bills may, at some point, impact the Culver City
Redevelopment Project, SB 53 has a July 1, 2007 deadline for compliance. This
deadline is discussed in more detail, below.
DISCUSSION:
SB 53 added Health & Safety Code section 33342.7, which requires a legislative
body (the City Council, in Culver City’s case) that adopted a final redevelopment
plan before January 1, 2007 to adopt an ordinance on or before July 1, 2007, that
Meeting Date: 5/14/07 Item Number: A-7
AGENDA ITEM: Introduction of an Ordinance Pursuant to Section 33342.7 of the
California Health and Safety Code, Pertaining to the Culver City Redevelopment
Agency’s Existing Program to Acquire Property by Eminent Domain.
Contact Person/Dept.: John Fisanotti Phone Number: (310) 253-5767
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No []
Public Hearing: [] Action Item: [X] Attachments: [X]
Public Notification: Master Notification List (05/09/07).
Department Approval:
Todd Tipton (04/24/07)
City Attorney Approval:
Carol Schwab (by H. Iker) (05/02/07)
City Controller Approval:
Marlee Chang (05/02/07)
City Manager Approval:
Jerry B. Fulwood (05/09/07) City of Culver City, California
City Council Agenda Item Report
contains a description of the Agency’s program to acquire real property by eminent
domain. The attached Program Ordinance is intended to comply with this new
statutory requirement. The Program Ordinance does not alter, modify, add to, or
extend the Agency’s existing eminent domain powers under the Redevelopment
Plan. The Program Ordinance merely contains a description of the Agency’s existing
program to acquire property by eminent domain. Any amendments to the Agency’s
eminent domain powers must be accomplished through a plan amendment
procedure.
California Health and Safety Code section 33391 authorizes a redevelopment
agency to acquire by gift, purchase, lease, or condemnation all or part of the real
property within a redevelopment project area. Under this authority, the City Council
adopted final redevelopment plans for the Slauson-Sepulveda Redevelopment
Project, Project No. 1 (“Project Area No.1”), the Overland-Jefferson Redevelopment
Project No. 2 (“Project Area No. 2”), and the Washington-Culver Redevelopment
Project No. 3 (“Project Area No. 3”). Project Area Nos. 1, 2, and 3 were later
merged into the Culver City Redevelopment Area (as Component Areas Nos. 1, 2,
and 3, respectively), and the final Redevelopment Plan for Culver City
Redevelopment Project (the “Plan”) was adopted pursuant to Ordinance No. 98-014
on November 23, 1998. The City Council also added Component Area No. 4 to the
Culver City Redevelopment Project Area by adopting Ordinance No. 98-015, on the
same date.
The general authorization for the Culver City Redevelopment Agency’s (“Agency’s”)
use of eminent domain powers within the Culver City Redevelopment Project Area is
set forth in the Plan under Section 303 of Component Area Nos. 1, 2, and 3 and
Section 321 of Component Area No. 4, as follows:
Except as specifically exempted herein, the Agency may acquire but is not required
to acquire, all real property located in the Project area, by gift, devise, exchange,
purchase, eminent domain, or any other lawful method. It is in the public interest
and is necessary in order to eliminate the conditions requiring redevelopment and in
order to execute the Plan, for the power of eminent domain to be employed by the
Agency to acquire real property in the Project area. The limitations on the Agency’s
use of eminent domain powers within the Culver City Redevelopment Project Area
are set forth in the Plan under Section 303 of Component Area Nos. 1, 2, and 3 and
Section 321 of Component Area No. 4, as follows:
The Agency shall not have authority to acquire, by eminent domain, property on
which any persons lawfully reside.
For Component Area Nos. 1, 2, and 3, eminent domain proceedings, if used, must
be commenced within twelve (12) years from the effective date of City Ordinance
No. 98-014 (December 23, 1998). City of Culver City, California
City Council Agenda Item Report
For Component Area No. 4, eminent domain proceedings, if used, must be
commenced within twelve (12) years from the effective date of City Ordinance No.
98-015, which date was thirty (30) days from the adoption of City Ordinance No. 98-
015. Such time limit only may be extended by further amendments to the Plan.
Section 321 of the Plan, pertaining to Component Area No. 4, specifically provides
that properties that may not be acquired by eminent domain include the following:
a) Real Property on which any persons lawfully reside;
b) Real Property owned by public bodies which do not consent to such acquisition.
The Agency is authorized, however, to acquire Real Property devoted to public use;
or,
c) 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: (i) the
building requires structural alterations, improvements, modernization or
rehabilitation; (ii) the site or lot on which the building is situated requires modification
in size, shape or use; or (iii) it is necessary to impose upon such Real Property any
of the standards, restrictions or controls of this Plan, and the owner fails or refuses
to participate in this Project by executing an owner participation agreement.
FISCAL ANALYSIS:
There is no fiscal impact associate with the introduction of an Ordinance. .
ATTACHMENTS:
1. Proposed Ordinance
MOTION:
That the City Council:
Introduce an Ordinance pertaining to the Culver City Redevelopment Agency’s
program to acquire property by eminent domain within the Culver City
Redevelopment Project Area pursuant to California Health And Safety Code
Section 33342.7(a).