HomeMy WebLinkAbout9/19/2007 - STAFF REPORTS - 3.B. PLM SAS
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rq��FORN�p» Citv Council Staff Repo
DATE: SEPTEMBER 19, 2007 LEGISLATIVE ACTION
SUBJECT: APPROVAL OF AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA CONTAINING A DESCRIPTION OF THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS'
PROGRAM TO ACQUIRE COMMERCIAL REAL PROPERTY BY
EMINENT DOMAIN IN THE MERGED AREA NO. 1 AND MERGED AREA
N0. 2 REDEVELOPMENT PROJECTS
FROM: David H. Ready, City Manager
BY: Community and Economic Development Department
SUMMARY
New legislation enacted by the State of California (SB 53) requires the legislative body
in communities with redevelopment agencies to approve and adopt an Ordinance that
describes its redevelopment agency's program to acquire commercial real property by
eminent domain. This Ordinance adopts the City of Palm Springs Community
Redevelopment Agency's program for acquisition of commercial real property by
eminent domain in the Merged Area No. 1 and Merged Area No. 2 redevelopment
projects.
RECOMMENDATION:
1. Adopt Ordinance No. "AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS APPROVING AND ADOPTING THE COMMUNITY
REDEVELOPMENT AGENCY'S PROGRAM TO ACQUIRE COMMERCIAL REAL
PROPERTY BY EMINENT DOMAIN IN THE MERGED AREA NO. 1 AND MERGED
AREA NO. 2 REDEVELOPMENT PROJECTS."
STAFF ANALYSIS:
Section 33342.7 of the Health and Safety Code, which was added by Senate Bill 53
("SB 53"), which took effect on January 1, 2007, requires a legislative body that adopted
a redevelopment plan containing eminent domain authority before January 1, 2007 to
adopt an ordinance containing a description of the Agency's program to acquire
commercial real property by eminent domain. This Ordinance describes the Agency's
ITEM NO. �
City Council Staff Report
(September 19, 2007)--Page 2
(Ordinance No. )
program as approved and adopted on February 19, 2003 by Ordinance No. 1623 and
No. 1624, amending and restating the Redevelopment Plan for the Merged Area 1 and
Merged Area 2 redevelopment projects (Section 502-Property Acquisition).
Separately, the Agency initiated efforts to extend eminent domain in the Tahquitz-
Andreas constituent area in the summer of 2002. At the outset of that amendment
process staff wished to explore the possibility of permitting the use of eminent domain
not only on nonresidential property, but residential property as well, to avail the Agency
greater flexibility in acquiring property in the future. Redevelopment Law required the
Agency to form a project area committee, representing Tahquitz-Andreas constituent
area community organizations, residents, business owners, and property owners, to
consider and make a report and recommendation on the proposed Second Amendment.
The Tahquitz-Andreas Project Area Committee (PAC) was formed by an election
process required by Redevelopment Law and prescribed by the City Council's July 2002
Procedure for Formation and Election of a Project Area Committee as adopted by City
Council Resolution No. 20424.
After meeting several times and analyzing the arguments made for the wider authority,
the PAC felt that residential property should remain free of eminent domain authority.
Staff concurred with the PAC's recommendation, and the Second Amendment was
adopted by the Council accordingly to exempt residentially occupied property from
eminent domain as described above (Ordinance 1656, adopted June 16, 2004). This
resulted in the same limitations on eminent domain as in the balance of the Agency's
project areas.
FISCAL IMPACT: IFinance Director Review:
No fiscal impact.
JoUctaf
aym Thomas J. Wilson
Di Co unity and Economic Development ssistant City Manager
David H. Rea; er
Attachments:
1. Ordinance No.
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ORDINANCE. NO.
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA CONTAINING DESCRIPTION OF THE
CITY OF PALM SPRINGS COMMUNITY
REDEVELOPMENT AGENCY'S PROGRAM TO
ACQUIRE COMMERCIAL REAL PROPERTY BY
EMINENT DOMAIN IN THE MERGED AREA NO. 1
AND MERGED AREA NO. 2 REDEVELOPMENT
PROJECTS
WHEREAS, the City Council of the City of Palm Springs, California ("City
Council") adopted Ordinance No. 1623 and No. 1624 on February 19, 2003 and
Ordinance No. 1656 on June 16, 2004, as amended, approving and adopting the
Redevelopment Plan for the Merged Area No. 1 and Merged Area No. 2
Redevelopment Projects (the "Redevelopment Plan") and
WHEREAS, the Community Redevelopment Agency of the City of Palm Springs
("Agency") has been designated as the official redevelopment agency in the City
of Palm Springs to carry out functions and requirements of the Community
Redevelopment Law of the State of California (Health and Safety Code Section
33000 et seq.) and to implement the Redevelopment Plan; and
WHEREAS, Section 502 of the Redevelopment Plans contains Agency authority
to acquire property by eminent domain; and
WHEREAS, Section 33342.7 of the Health and Safety Code, which was added
by Senate Bill 53 ("SB 53"), which took effect on January 1, 2007, requires a
legislative body that adopted a redevelopment plan containing eminent domain
authority before January 1, 2007, to adopt an ordinance on or before July 1,
2007, containing a description of the agency's program to acquire commercial
property by eminent domain.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Pursuant to Section 33342.7 of the Health and Safety Code,
a description of the Agency's program to acquire commercial property by
eminent domain is set forth in Exhibit A, attached hereto and incorporated
herein by this reference. The Agency's program to acquire commercial real
property by eminent domain may be amended only by amending the
Redevelopment Plan pursuant to Article 12 of the Community Redevelopment
Law (commencing with Health and Safety Code Section 33450).
SECTION 2. The City Clerk is hereby directed to send a certified copy of
this Ordinance to the Agency.
Ordinance No.
Page 2
SECTION 3. If any part of this Ordinance is held to be invalid for any
reason, such decision shall not affect the validity of the remaining portion of
this Ordinance, and this City Council hereby declares that it would have
passed the remainder of this Ordinance if such invalid portion thereof had
been deleted.
SECTION 4. The City Clerk will certify to the passage of this Ordinance by
the City Council, and cause the same to be published once in The Desert
Sun, a newspaper of general circulation, published and circulated in Palm
Springs, and it will take effect thirty (30) days after its final passage.
PASSED AND ADOPTED THIS day of 2007.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Ordinance No. _ is a full, true and correct copy, and was duly adopted at a
regular meeting of the City Council of the City of Palm Springs on
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
0000H
Exhibit A
Description of Program to Acquire Commercial real Property by Eminent
Domain for the City of Palm Springs Redevelopment Plan
The City Council of the City of Palm Springs, California ("City Council")
adopted Ordinance 1623 on February 19, 2003, as amended approving and
adopting the Redevelopment Plan for Merged Area No. 1 and Ordinance 1624 on
February 19, 2003 as amended, approving and adopting the Redevelopment
Plan for the Canyon and Baristo Farrell Constituent Ares of Merged Area No. 2
for the City of Palm Springs Redevelopment Project Area (the "Redevelopment
Plan").
By separate action, the Agency initiated efforts to extend eminent domain in
the Tahquitz Andreas constituent area of Merged Area No. 2 in the summer of
2002, in order to explore the passibility of permitting the use of eminent domain
not only on nonresidential property in that Constituent Area, but residential
property as well, to avail the Agency greater flexibility in acquiring property in the
future. Redevelopment Law required the Agency to form a project area
committee, representing Tahquitz-Andreas constituent area community
organizations, residents, business owners, and property owners, to consider and
make a report and recommendation on the proposed Second Amendment.
The Tahquitz-Andreas Project Area Committee (PAC) was formed by an
election process required by Redevelopment Law and prescribed by the City
Council's July 2002 Procedure for Formation and Election of a Project Area
Committee as adopted by City Council Resolution No. 20424.
After meeting several times and analyzing the arguments made for the
wider authority, the PAC felt that residential property should remain free of
eminent domain authority. Staff concurred with the PAC's recommendation, and
the Second Amendment was adopted by the Council to exempt residentially
occupied property from eminent domain as described above (Ordinance 1656,
adopted June 16, 2004). This resulted in the same limitations on eminent
domain as in the balance of the Agency's project areas.
As provided in the Redevelopment Plan, it is in the public interest and is
necessary in order to eliminate the conditions requiring redevelopment and in
order to execute the Redevelopment Plan for the City of Palm Springs
Community Redevelopment Agency ("Agency") to employ the power of eminent
domain to acquire commercial property in the Project Area. This power is
necessary because the Project Area suffers from blighting conditions, including
without limitation: deterioration, stagnated or decreased property values,
vacancy rates, low lease rates, asbestos and other blighting conditions.
In approving the Redevelopment Plan, the City Council found and
determined that the condemnation of commercial real property within the Project
Area, as provided for in the Redevelopment Plan, is necessary to the execution
000005
of the Redevelopment Plan and adequate provisions have been made for the
payment for any property that is acquired as provided by law. This finding was
based upon:
1. The need to ensure that the provisions of the Redevelopment Plan
and the Agency's efforts to eliminate blight and redevelop the Project
Area would be carried out and that the Project Area would be
redeveloped in conformity with the Community Redevelopment Law
and in the interests of the public peace, health, safety and welfare;
2. The need to prevent the recurrence of blight;
3. The fact that any condemnation or other acquisition of property by
the Agency would be undertaken in accordance with all applicable
laws including, without limitation, the Eminent Domain Law (California
Code of Civil Procedure Section 1230-010 et seq.), the California
Relocation Assistance Act (Government Code Section 7260 et seq.),
and the Agency rules and regulations adopted pursuant thereto, as
applicable.
When the Agency exercises its power of eminent domain, it shall be
exercised within the following limitations:
The Redevelopment Plan may be amended by means of the procedures
established in Section 33354.6 and/or Sections 33450-33458 of the Community
Redevelopment Law or by any other procedure hereafter established by law;
however, the Redevelopment Plan may not be amended to provide for the
acquisition by eminent domain on any property zoned for residential uses as of
the date the ordinance adopting the second amendment to the Plan becomes
effective.
City of Palm Springs Redevelopment Plan (Merged Areas 1 and 2):
Section 502-Property Acquisition
Section 503 Acquisition of Real Property
Except as specifically exempted herein, the Agency may acquire, but is not
required to acquire, any real property located in the Project Area by any means
authorized by law.
It is in the public interest and is necessary in order to eliminate the
conditions requiring redevelopment in order to execute this Plan for the power of
eminent domain to be employed by the Agency to acquire real property in the
Project Area which cannot be acquired by gift, devise, exchange, purchase, or
any other lawful method. Eminent Domain proceedings, if used, must be
commenced within twelve (12) years from the date the ordinance amending this
Plan becomes effective (February 19, 2003 amendment, expires February 19,
00000E
2015; the June 16, 2004 amendment expires on June 16, 2016).
The Agency 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: (a) such building requires structural alteration,
improvement, modernization or rehabilitation; (b) the site, or lot on which the
building is situated, requires modification in size, shape or use; or (c) it is
necessary to impose upon such property any of the controls, limitations,
restrictions and requirements of this Plan, and the owner fails or refuses to
execute a participation agreement in accordance with the provisions of this Plan.
The Agency is not authorized to acquire real property owned by public
bodies which do not consent to such acquisition. The Agency is authorized,
however, to acquire public property transferred to private ownership before
redevelopment of the Project Area is completed, unless the Agency and the
private owner enter into a participation agreement and the owner completes his
responsibilities under the participation agreement.
Section 503 Acquisition of Real Property, Any Other Interest in Real
Property, or Any Improvements in Real Property
Generally, personal property shall not be acquired. However, where
necessary in the execution of this Plan, the Agency is authorized to acquire
personal property in the Project Area by any lawful means, including eminent
domain.
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