City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council adopt the 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.
BACKGROUND:
At the City Council meeting of May 14, 2007, the Council introduced the Ordinance
by a vote of 5 – 0. The Ordinance is brought back tonight for adoption.
ATTACHMENT:
1. Ordinance No. 2007-___
MOTION:
That the City Council:
Adopt the Ordinance and waive further reading.
Meeting Date: 05/29/07 Item Number: C-3
AGENDA ITEM: Adoption 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: [] Attachments: [X]
Public Notification: Master Notification List (05/24/07)
Department Approval:
Sol Blumenfeld (05/15/07)
City Attorney Approval:
Carol Schwab (by H. Iker) (05/21/07)
City Controller Approval:
Marlee Chang (5/21/07)
City Manager Approval:
Jerry B. Fulwood (05/23/07)
MEETING DATE: 05/29/07
AGENDA ITEM: Consideration of Adoption 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.
ATTACHMENT
Pages
1. Ordinance No. 2007- 1-5ORDINANCE NO. 2007-|101010101010|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
12
25
26
27
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
28 11
-1-1|101010101010|12
13
14
23
24
25
26
27
WHEREAS, 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:
28 11
-2-1|1010101010101010 10|24
25
26
27
28
SECTION 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
-3-1|1010101010101010 10
10|11
12
13
23
24
25
26
27
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.
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.
28 11
-4-1|1010101010101010 10
10|11
12
13
SECTION 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
y
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 ARMENTA, CAROL A. SCHWAB,
City Clerk City Attorney
A07-00309
-5-