Ordinance Number 923ORDINANCE NO. 923
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DESCRIBING THE SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY'S PROGRAM TO ACQUIRE REAL
PROPERTY BY EMINENT DOMAIN WITHIN THE CENTRAL
REDEVELOPMENT PROJECT AREA AS REQUIRED BY SECTION 33342.7 OF
THE CALIFORNIA HEALTH AND SAFETY CODE
WHEREAS, the San Juan Capistrano Community Redevelopment Agency (the
"Agency") is a community redevelopment agency organized and existing under the
California Community Redevelopment Law, Health and Safety Code Sections 33000, et
seq. (the "CRL") and has been authorized to transact business and exercise the powers
of a redevelopment agency pursuant to action of the City Council (the "City Council") of
the City of San Juan Capistrano (the "City"); and
WHEREAS, the City Council of the of City adopted and approved the
Redevelopment Plan (the "Redevelopment Plan") for the Central Redevelopment
Project Area (the "Project Area") by Ordinance No. 488 of the City on July 12, 1983, as
subsequently amended; and
WHEREAS, Section 403 of the Redevelopment Plan contains provisions for the
acquisition of real property as follows:
Except as specifically exempted herein, the Agency may acquire but is not required
to acquire any real property, and any improvements on it, 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.
No eminent domain proceeding to acquire property within the Project Area shall be
commenced after twelve (12) years following the date of adoption of the ordinance
approving and adopting this Redevelopment Plan. Such time limitation may be
extended only by amendment of this Redevelopment Plan.
To the extent permitted and in the manner required by law, the Agency may declare
specific property within the Project Area to be exempt from acquisition by eminent
domain under this Plan. The Agency shall have no power of eminent domain as to
the property so designated, unless this Plan is thereafter amended to expressly
make the property subject to acquisition by eminent domain.
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The Agency shall not acquire interests in oil, gas, or other mineral or hydrocarbon —
substances of any kind or character within the Project Area, except to preclude the
right to explore for, produce or extract such substances through any opening or
penetration for any purpose connect therewith within 500 feet from the surface of
any property in the Project Area.
The Agency shall not acquire real property to be retained by an owner pursuant to a
Participation Agreement (as defined in § 408 of this Plan) if the owner fully performs
under the Agreement. The Agency is authorized to acquire structures without
acquiring the land upon which those structures are located. The Agency is also
authorized to acquire any other interest in real property less than a fee.
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 (1) such building requires structural alterations, improvement,
modernization, or rehabilitation, or (2) the site or lot on which the building is situated
requires modification in size, shape, or use, or (3) it is necessary to impose upon
such property any of the standards, restrictions and controls of the Plan and the
owner fails or refuses to participate in the Plan by executing a Participation
Agreement.
The Agency shall not acquire property of a public body by eminent domain without
obtaining the consent of the public body owning the property.
WHEREAS, the Agency's authority under the Redevelopment Plan to acquire real
property by eminent domain expired on July 12, 1995; and,
WHEREAS, the City has not amended the Redevelopment Plan to re -authorize the
Agency's exercise of the power of eminent domain and, consequently, the Agency does
not currently have the authority to exercise the power of eminent domain; and,
WHEREAS, pursuant to Section 33342.7 of the California Health and Safety Code,
which was added by Senate Bill 53 and effective as of January 1, 2007, a legislative
body that adopted a final redevelopment plan before January 1, 2007, must adopt an
ordinance that contains a description of the agency's program to acquire real property
by eminent domain; and,
WHEREAS, Section 33342.7 of the California Health and Safety Code does not
exclude redevelopment plans which do not authorize an agency to exercise the power
of eminent domain or redevelopment plans pursuant to which an agency's authority to
exercise the power of eminent domain has expired from the requirement of adopting the
ordinance describing the program to acquire real property; and,
WHEREAS, in order to maintain literal compliance with the CRL, the City has
decided to adopt this ordinance describing the Agency's program to acquire real
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property by eminent domain pursuant to Section 33342.7 of the California Health and
' Safety Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The foregoing Recitals are true and correct and are a substantive
part of this Ordinance.
Section 2. The Agency's program for the acquisition of real property by
eminent domain, with respect to the Central Redevelopment Project, is hereby
described as follows:
(a) if and to the extent authorized by the Redevelopment Plan, the Agency
shall exercise the power of eminent domain if and when the Agency determines that the
exercise of such power is an appropriate and useful tool, and
(b) if and to the extent authorized by the Redevelopment Plan, the Agency
shall exercise the power of eminent domain in compliance with the terms and
limitations, if any, set forth in the Redevelopment Plan.
Section 3. Except as expressly set forth herein, no amendment to the
Redevelopment Plan and no change to or limit upon the authority of the City or Agency
is effected by this Ordinance, including, without limitation, the Agency's authority to
' acquire property by means other than the exercise of eminent domain.
Section 4. The Agency retains the right to extend or amend the
Redevelopment Plan to extend powers of eminent domain.
Section 4. All required proceedings and considerations precedent to the
adoption of this Ordinance have been regularly taken in accordance with applicable law.
Section 5. Effective Date. This Ordinance shall take effect and be in force
thirty (30) days after its passage.
Section 6. City Clerk's Certification. The City Clerk shall certify to the adoption
of this Ordinance and cause the same to be posted at the duly designated posting
places within the City and published once within fifteen (15) days after passage and
adoption as required by law; or, in the alternative, the City Clerk may cause to be
published a summary of this Ordinance and a certified copy of the text of this Ordinance
shall be posted in the Office of the City Clerk five (5) days prior to the date of adoption
of this Ordinance; and, within fifteen (15) days after adoption, the City Clerk shall cause
to be published the aforementioned summary and shall post a certified copy of this
Ordinance, together with the vote for and against the same, in the Office of the City
Clerk.
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PASSED, APPROVED AND ADOPTED this 15th day of May 2007. —
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SAA A LEVA MA OR
ATTEST: ✓V �
R. MONAHAN, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do
hereby certify that the foregoing is a true and correct copy of Ordinance No. 923 which was
regularly introduced and placed upon its first reading at the Regular Meeting of the City Council
on the 15'" day of May 2007 and that thereafter, said Ordinance was duly adopted and passed
at the Regular Meeting of the City Council on the 5'" day of June 2007 by the following vote, to
wit:
AYES: COUNCIL MEMBERS: Nielsen, Hribar, Uso, Soto, and Mayor Allevato
NOES COUNCIL MEMBERS: None
ABSENT: COUN IL Iy 13 RS: None
AR ARET R. MONAHAN, City Clerk
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO)
AFFIDAVIT OF POSTING
I, MARGARET R. MONAHAN, declares as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in
compliance with State laws, Government Code section 36933(1) of the State of California, on
the 16th day of May 2007, at least 5 days prior to June 5, 2007, the date of adoption of the
ordinance, I caused to be posted a certified copy of the proposed Ordinance entitled:
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DESCRIBING THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY'S PROGRAM TO ACQUIRE REAL PROPERTY
BY EMINENT DOMAIN WITHIN THE CENTRAL REDEVELOPMENT PROJECT
AREA AS REQUIRED BY SECTION 33342.7 OF THE CALIFORNIA HEALTH
AND SAFETY CODE
This document was posted in the Office of the City Clerk
tAR ARET R. MONAHAN, CITY CLERK
an uan Capistrano, California
STATE OF CALIFORNIA )
' COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO)
I, MARGARET R. MONAHAN, declare as follows: That I am the duly appointed and qualified
City Clerk of the City of San Juan Capistrano; That in compliance with State laws, Government
Code section 36933(1) of the State of California. On the 6th day of June 2007 1 caused to be
posted a certified copy of Ordinance No. 923, adopted by the City Council on June 5, 2007
entitled:
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DESCRIBING THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY'S PROGRAM TO ACQUIRE REAL PROPERTY
BY EMINENT DOMAIN WITHIN THE CENTRAL REDEVELOPMENT PROJECT
AREA AS REQUIRED BY SECTION 33342.7 OF THE CALIFORNIA HEALTH
AND SAFETY CODE
This document was posted in the Office of the City Clerk
R. MONAHAN, Cl TY CLERK
Capistrano, California