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HomeMy WebLinkAbout10/3/2007 - STAFF REPORTS - 2.E.e aLM DATE: October 3, 2007 City Council Staff Report CONSENT CALENDAR SUBJECT: SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1721, 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 FROM: David H. Ready, City Manager BY: Office of the City Clerk SUMMARY: The City Council will consider adoption of Ordinance No. 1721. RECOMMENDATION: Waive further reading and adopt Ordinance No. 1721, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, 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: At its September 19, 2007, meeting the City Council introduced on first reading the proposed ordinance. This report provides for the City Council to waive further reading and adopt the ordinance. The ordinance shall be effective 30-days from adoption. mes Thompson ity Clerk Attachment: Ordinance No. 1721 David H. Ready D. City Manager Item 2. E. PROPOSED ORDINANCE NO. 1721 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, 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 CitvAttornev's Summary This Ordinance describes the Community Redevelopment Agency of Palm Springs existing program for the acquisition of real property through eminent domain as provided in the adopted Redevelopment Plans of the Agency, including all limitations on the use of eminent domain contained in such Redevelopment Plans. 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 tools 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). Ordinance No. Page 2 SECTION 2. The City Clerk is hereby directed to send a certified copy of this Ordinance to the Agency. 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. MAIIIIII,r�"11 CITY CLERK MAYOR 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 008083 i;RmnV_1 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 possibility 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 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: 000004 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.E 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 Acauisition of Real Prooertv 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, 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, 0000+05 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 Acouisition of Real Prooertv. Anv Other Interest in Real Property, or Anv Imorovements in Real Prooertv 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. 000006 PROOF OF PUBLICATION Tlus is space for Cuumy Clerk's Filin( Stamp (2015.5.C.C.P) STATE OF CALIFORNIA County of Riverside I am a citizen of the United States ands resident of Proof of Publication of the County aforesaid; I am over the age of eighteen --------, ___. years, and not a party to or interested in the above -entitled matter. 1 am the principal cleric of a printer of the, DESERT SUN PUBLISHING COMPANY a newspaper of general circulation, -- ---- - printed and published in the city of Palm Springs, No. Z979 CITY OF PALM SPRINGS County of Riverside, and which newspaper has been PROPOSED ORDINANCE NO. 1721 adjudged a newspaper of general circulation by the AN ORDINANCE OF THE CITY PALM Superior Court of the County of Riverside, State Of SPRINGS, CALIFORNIA APPROVING AND ADOPTING THE COMM614ITY REDEVELOP- California under the date of March 24, 798$, Case MENT AGENCY'S PROGRAM TO ACOUIRE Number 191236; that the notice, of which the COMMERCIAL REAL PROPERTY BY EMINENT DOMAIN IN THE MERGED AREA NO. 1 AND annexed is a printed copy (Set in type not smaller MERGED AREA NO. 2 REDEVELOPMENT PRO- than non pariel, has been published in each regular JECTS and entire isaue of said newspaper and not in any City Atromey's Summery rms Ordinance describes the Community Rede- supplement thereof on the following dates, to wit: volopmenr Agency of Palm Springs exishny pro- gram for the acquisition of (cal property through eminent domuin as provided in the ad red ,Re n September 26, 2007 dcvelopmant Plans of the Agency, including 311 1lmltahon^ on the use of eminent domain con- , reined in such RedeveloprI Pens. -_---_..--" - - - - _,-_---_---_---�„ PROPOSED ORDINANCE NO. 17ZZ All in the year 2007 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA. ADDING CHAPTER CODE RELA RELATING TO PUBLIC SPRINGS MUNICIPAL IRA�IO I certify (or declare) under penalty of perjury that the SYSI COVERAGE foregoing is true and Correct. CRY Attemey's Summary This Ordinance mqulrus the Installation of 800 Dated at PIIim Springs, California this----2G°i, --- day MHZ and 150 MHz communications systems Or . eppmvcd ampliimadon_s sums In new develop- bulldnggs to "on, Ore."ertechve ment or mtrolifted end continuous public se/ety isdle communic�att/on _ of--- Septe ----------------. 2nn7 ? Od 7T ho Ca on, City II Sps Thompson, ccrtiltof hmat,Ordlf 1721 172z were Innaduced st a L`P V� Qp y " - --- I-"" nonce oe. and ragularNmeet,' of the City Councll on tgho 19th day cf Scotch, er, 2007, by tho iollowln vote: ::t.J -aZ �IL-f SlgnAtll re AYES Councllmembers FQ.A, McCulloch, Mill:, CO / Mayor Pra Tcm POugnet, and Mayor Oden None 0ZL �- l \(%'�'u� ABS NT JAMES THOMPSON Caw"' p..if- CITY CLERK C/] C7 Published: 9/m/2007 N � ai `-, PROOF OF PUBLICATION This is space for county Clerk's Filing Stamp (20I5.5.C.C.P) STATE OF CALIFORNIA County of Riverside 1 am a citizen of the United States and a residenr of the County aforesaid; I am over the age of eighteen Proof of Publication of Years, and not it party to Or interested in the above -entitled matter. I am the principal clerk of a printer of the, DESERT SUN PUBLISHING COMPANY a newspaper of general circulation, printed and published in the city of Palm Springs, County of Riverside, and which newspaper has been rvb, 3159 adjudged a newspaper of general circulation by the CITY OF PALM SPRINGS Superior Court of the County of Riverside, State of ORDINANCE NO. 1T21 California undertbe date of March 24, 1988. Case AN ORDINANCE OF THE CITY OF PALM Number 191236; that the notice, of which the SPRINGS CALIFORNIA APPROVING AND ADOPTINh THE COMMUNITY REDEVELOP- annexed is a printed copy (set in type not smaller MENT AGENCY'S PROGRAM TO ACQUIRE than Don pttriel, has been published in each regular COMMERCIAL REAL PROPERTY ¢Y EMINENT THE Ill AREA NO- 1EVELOPMENT MERGED 2 i 1V/I and entire issue of Said newspaper and not in any AREA REP PRO - JECTS supplement thereof on the Following dates, to wit: City Attomey's Summery This Ordinance describes the Community Rade- eh October 10, 2007 vdopment Agency p1 Palm Springs ari n"p pm - gram for file acgmsrcon 01 reel proporfy rlmugh ----"-��-"--••�-••—••—••� emrne t domain as provldad rn the adoppted R<.- devolppmenr Plans of rite Agency, lnc/udtng all llmltahon. on the use of eminent dumpt, con - reined -In -such Redevelopment Plans. All in the year 2007 ORDINANCE NO. 1722 I certify (or declare) tinder penalty of perjury that the AN SPRINGSI,NCALIFORNCE NIA,HADDING OF foregoing is true and Correct- g g 11.03 TO THE PALM SPRINGS MUNICIPAL CODE RELATING TO PUBLIC SAFETY RADIO SYSWM COVERAGE Dated at Palm Springs, California this----lOr", -- day Oily Anemeys summary Of---------- October ----ter=-^ i--W--�--� 2007 This Ordinance. requirn, the. Installation of 800 MHZ end-150 MHz communications systama-pr approved amplification syystem: In new ticvrlep- mcnt or retmflrted bulldln s to unsure effective and continuous radio n public safely communication for emergency service oponrtors. [� 1 r _a I Jamc,^ Thompson, City Clerk of the Cltyy of Palm Spring:' Cellfomla hureby certify that Ordl- mance_ Nos and 7�2Clry were lntroduc a © O_ LT - U7 3i nature U gr vula fnq to b I g, 20r 7, a and adopted of pt the Ct reCouncil on September 2Cou• of the dptud ate re ular mthe City on City Cogned on October 3, 20�7, by the following Council el OJ AYE AYES: Prou-ran Pougmu Fast, McCulloch, Mill-., Mayor Pre Tam Pdugnuh and Mayor Odon --I �� � �} NOES: Nanv ABSENT: None �L_ JAMES THOMPSON CrY CLERK ,DJ Publish d! 30/1012007 ? F•- r+ < c —r U cv �0 •01 CITY OF PALM SPRINGS ORDINANCE NO. 1721 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, 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 CitvAttornev's Summary This Ordinance describes the Community Redevelopment Agency of Palm Springs existing program for the acquisition of real property through eminent domain as provided in the adopted Redevelopment Plans of the Agency, including all limitations on the use of eminent domain contained in such Redevelopment Plans. ORDINANCE NO. 1722 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 11.03 TO THE PALM SPRINGS MUNICIPAL CODE, RELATING TO PUBLIC SAFETY RADIO SYSTEM COVERAGE City Attorneys Summary This Ordinance requires the installation of 800 MHZ and 150 MHz communications systems or approved amplification systems in new development or retrofitted buildings to ensure effective and continuous public safety radio communication for emergency service operators. I, James Thompson, City Clerk of the City of Palm Springs, California, hereby certify that Ordinance Nos. 1721 and 1722 were introduced at a regular meeting of the City Council on September 19, 2007, and adopted at a regular meeting of the City Council on October 3, 2007, by the following vote: AYES: Councilmembers Foat, McCulloch Mayor Oden NOES: None ABSENT: None Mills, Mayor Pro Tem Pougnet, and �MES THOMPSON CITY CLERK y F PALM Sp r -0 City Of Palm Springs Office of the City Clerk ',200 L T11111uic. Guiyun \xtiy ' Pam Springs, California 92262 C'It IFORN\P lcl: (7h(V 32j-H_'04 • I'AX (7bO) i_'2-8332 ° V:cb: www.palmsprmgs-[a.gov PROPOSED ORDINANCE NO, 1721 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, 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 Citv Attornev's Summary This Ordinance describes the Community Redevelopment Agency of Palm Springs existing program for the acquisition of real property through eminent domain as provided in the adopted Redevelopment Plans of the Agency, including all limitations on the use of eminent domain contained in such Redevelopment Plans. PROPOSED ORDINANCE NO. 1722 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 11.03 TO THE PALM SPRINGS MUNICIPAL CODE, RELATING TO PUBLIC SAFETY RADIO SYSTEM COVERAGE CitvAttornev's Summary This Ordinance requires the installation of 800 MHZ and 150 MHz communications systems or approved amplification systems in new development or retrofitted buildings to ensure effective and continuous public safety radio communication for emergency service operators. I, James Thompson, City Clerk of the City of Palm Springs, California, hereby Certify that Ordinance Nos. 1721 and 1722 were introduced at a regular meeting of the City Council on the 1 gth day of September, 2007, by the following vote: AYES: Councilmembers Foat, McCulloch, Mills, Mayor Pro Tern Pougnet, and., Mayor Oden NOES: None ABSENT: None = _ MES THOMPSON ITY CLERK Post Office Box 274; 0 Palm Shrintis, California 9226„-3741