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HomeMy WebLinkAboutOrd. 1383-2007ORDINANCE NO. 1383-2007 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 U.S. STEEL/SHEARWATER REDEVELOPMENT 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 U.S. Steel/Shearwater 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. 996- 86 in January, 1986, and was thereafter amended by Ordinance No. 1151-94, adopted in November, 1994; by Ordinance No. 1339-2004 adopted in March, 2004; by Ordinance No. 1337-2001 adopted in March, 2004; and by Ordinance No. 1354-2005 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 U.S. Steel/Shearwater 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 February 8, 1998. 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 23`d 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 13th day of June 2007, by the following vote: AYES: Councilmembers Mark Addie~ph A. Fernekes, and Karyl Matsumoto, Vice Mavor Pedro Gonzalez and Mavor Richard A. Garbarino NOES: None ABSTAIN: None ABSENT: None ATTEST: ~l~ ~`'-~~`r.- Interim City Clerl As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 13th day of May 2007. r ~ Mayor