HomeMy WebLinkAboutOrd. 1382-2007ORDINANCE NO. 1382-2007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SOUTH SAN FRANCISCO ADOPTING A PROGRAM FOR
THE USE OF EMINENT DOMAIN BY THE
REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN
FRANCISCO PURSUANT TO SB 53 FOR THE GATEWAY
PROJECT AREA
WHEREAS, the Redevelopment Agency of the City of South San Francisco, a
public body corporate and politic (the "Agency") is a redevelopment agency duly
organized pursuant to Community Redevelopment Law (California Health and Safety
Code Section 33000 et seq.), and pursuant thereto has responsibility to carry out the
Redevelopment Plan for the South San Francisco Gateway Redevelopment Project Area
(the "Project Area"); and
WHEREAS, the redevelopment plan for the Project Area was adopted by the City
Council of the City of South San Francisco (the "City Council") by Ordinance No. 867-
81 in June, 1981, and was thereafter amended by Ordinance No. 1149-94, adopted in
November, 1994; by Ordinance No. 1338-2004, adopted in March 2004; by Ordinance
No. 1337-2004, adopted in March 2004; and by Ordinance No. 1355-2005, adopted in
May 2005 (as so amended, hereafter, the "Redevelopment Plan"); and
WHEREAS, effective January 1, 2007, SB 53 added Section 33342.7 to the
Health and Safety Code, pursuant to which legislative bodies that adopted a final
redevelopment plan prior to January 1, 2007 are required to adopt on or before July 1,
2007, an ordinance that describes the redevelopment agency's program to acquire real
property by eminent domain; and
WHEREAS, SB 53 provides that following adoption of an ordinance describing
the redevelopment agency's program to acquire real property by eminent domain, such
program may only be modified pursuant to an amendment of the redevelopment plan; and
WHEREAS, the Redevelopment Plan provides the Agency with authority to use
eminent domain to acquire real property following compliance with all requirements of
law.
THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN
AS FOLLOWS:
SECTION 1. PROGRAM. The following is hereby adopted as the Agency's
program to acquire real property by eminent domain pursuant to Health and Safety Code
Section 33342.7:
The Redevelopment Plan for the South San Francisco Gateway Project Area
authorizes the Agency to acquire real property by eminent domain throughout the Project
Area. The Agency may only acquire property by eminent domain following compliance
with all requirements of applicable law, including without limitation, compliance with all
requirements pertaining to notice, hearings, and the payment of just compensation. The
Agency's authority to initiate proceedings to acquire real property by eminent domain
expired on June 17, 1993.
SECTION 2. SEVERABILITY. If any section, subsection, clause, or phrase of
this Ordinance is for any reason held invalid, such invalidity shall not affect other
provisions or applications of the Ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this Ordinance are severable.
This City Council hereby declares that it would have adopted this Ordinance irrespective
of the invalidity of any particular portion thereof and intends that the invalid portions
should be severed and the balance of the Ordinance be enforced.
SECTION 3. EFFECTIVE DATE AND PUBLICATION. Within fifteen (15)
days from and after adoption, this Ordinance shall be published once in the San Mateo
Times, a newspaper of general circulation printed and published in the County of San
Mateo and circulated in the City of South San Francisco, in accordance with California
Government Code Section 36933. This Ordinance shall take effect thirty (30) days after
its adoption.
Introduced at a regular meeting of the City Council of the City of South San
Francisco, held the 23rd day of May 2007.
Adopted as an Ordinance of the City of South San Francisco at a regular meeting of
the City Council held the 13t" day of June 2007, by the following vote:
AYES: Councilmembers Mark Addiego, Joseph A. Fernekes, and Karyl Matsumoto,
Vice Mayor Pedro Gonzalez and Mayor Richard A. Garbarino
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST: ~ ~~
Interim City Cler
As Mayor of the City of South San Francisco, I do hereby approve the foregoing
Ordinance this 13th day of May 2007.
Mayor