City of Long Beach - File #: 07-0668

• File #: 07-0668
• Version: 2
• Name: CD - Ord adopting program description required by Health & Safety Code
• Type: Ordinance
• Status: Adopted
• File created: 6/6/2007
• In control: City Council
• On agenda: 6/19/2007
• Final action: 6/19/2007
• Title: Recommendation to declare ordinance containing a description of the Long Beach Redevelopment Agency's program to acquire real property by eminent domain in the City's Redevelopment Projects, read and adopted as read. (Citywide)
• Sponsors: Community Development

Date	Ver.	Action By	Action	Result
6/19/2007	2	City Council	approve recommendation and adopt	Pass
6/12/2007	1	City Council	declare ordinance read the first time and laid over to the next regular meeting of the City Council for final reading	Pass

TITLE
Recommendation to declare ordinance containing a description of the Long Beach Redevelopment Agency's program to acquire real property by eminent domain in the City's Redevelopment Projects, read and adopted as read. (Citywide)

DISCUSSION
The State Legislature has adopted Senate Bill (SB) 53, which requires a city council to adopt an ordinance on or before July 1, 2007, containing a description of its program to acquire real property in its redevelopment project areas by eminent domain. This program is already outlined in the City's redevelopment plans adopted by the City Council of the City of Long Beach. Staff proposes no changes to the City of Long Beach Redevelopment Agency's (Agency) existing authority to acquire property by eminent domain. To change the existing eminent domain provisions in a redevelopment plan, the City Council would have to adopt an amendment to that redevelopment plan following the procedures outlined in the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.).

The Agency has the authority to acquire real property with eminent domain in four of the City's seven redevelopment project areas. The project areas where the use of eminent domain is authorized are the North Long Beach, Central Long Beach, Downtown and Poly High Redevelopment Project Areas. The redevelopment plans for these project areas authorize the use of eminent domain to acquire any real property that cannot be acquired by any other lawful method, with the following exceptions:

· Property that is the subject of an owner participation agreement (OPA) between the Agency and a property owner;

· An existing building to be continued on its present site and in its present form and use without the consent of the owner unless some modification is necessary to comply with the redevelopment plan; and

· Property owned by public bodies that do not consent to such acquisition.

Each of the redevelopment plans contains a time limit on the Agen...