Mendocino County Municipal Code Ch. 11.08 Redevelopment Agency

Pursuant to Health and Safety Code Section 33200(a), the Board of Supervisors of the County of Mendocino declares itself to be the Redevelopment Agency of Mendocino County.

(Ord. No. 4029 (part), 1999.)

The Board of Supervisors makes the following findings in support of declaring itself the Redevelopment Agency of the County of Mendocino.

(A) The action will serve the public interest and promote the public safety in a more effective manner than retaining the designation of the Community Development Commission as the Redevelopment Agency of the County of Mendocino.

(B) A duly noticed public hearing has been held as required by Health and Safety Code Section 33200(b) and there has been full public disclosure of all reports and proposals relating to the intent of the Board of Supervisors to declare itself the Redevelopment Agency.

(Ord. No. 4029 (part), 1999.)

Pursuant to the California Community Redevelopment Law, particularly Section 33101 of the Health and Safety Code, the Board of Supervisors declares there is a need for a redevelopment agency to function in the County of Mendocino, said redevelopment agency to be known as the Redevelopment Agency of the County of Mendocino.

(Ord. No. 4050, adopted 1999; Ord. No. 4052, adopted 1999.)

The Board of Supervisors makes the following findings and support of the program for the acquisition of real property by eminent domain for the Redevelopment Plan for the Mendocino County Redevelopment Project Area, and approving related actions.

(A) The Board of Supervisors of the County of Mendocino adopted the Redevelopment Plan for the Mendocino County Redevelopment Project Area by Ordinance No. 4111 adopted on July 8, 2003 (the "Redevelopment Plan"), establishing the Mendocino County Redevelopment Project Area (the "Project Area").

(B) The Project Area is situated in the County of Mendocino, State of California, and is more particularly described on Exhibit A attached to the Redevelopment Plan for the Mendocino County Redevelopment Project Area, recorded as Document No. 2003-17702 on July 10, 2003, with the County Recorder of the County of Mendocino.

(C) The Redevelopment Plan authorizes the use of eminent domain under specified circumstances to acquire real property by the Redevelopment Agency of the County of Mendocino (the "Agency").

(D) SB 53 added Health and Safety Code Section 33342.7 to the Community Redevelopment Law, which requires the Board of Supervisors to adopt by ordinance a description of the Agency's program to acquire real property by eminent domain.

(E) The Agency has prepared the required description of its real property acquisition program (the "Acquisition Program"), which is incorporated in this Section.

(F) Staff has prepared and submitted and the Board of Supervisors has reviewed and considered the staff report on this Section.

(G) Staff has prepared and placed on file with the Clerk of the Board of Supervisors a CEQA Notice of Exemption for this Section.

(H) SB 1809 added Health and Safety Code Section 33373(c) to the Community Redevelopment Law, which requires the Agency to record a revised Statement of Institution of Redevelopment Proceedings, which includes a description of the Agency's program to acquire real property by eminent domain (the "Revised Statement").

(I) Agency staff has prepared the Revised Statement and placed it on file with the Clerk of the Board of Supervisors.

(J) The Board of Supervisors hereby finds and determines that the adoption of this Section is required by law is thus necessary and desirable.

(Ord. No. 4187 (part), adopted 2007.)

(A) In compliance with Health and Safety Code Section 33342.7, the Board of Supervisors hereby approves and adopts the description of the Agency's Acquisition Program for the Project Area, as follows:

Property Acquisition by Eminent Domain Policy.

Except as specifically limited herein (see subsections (A)(4)(a) through (g) of this Section regarding limitations on the agency's eminent domain power), the Agency may, but is not required to, acquire or obtain options to acquire all real property located in the Project Area by gift, devise, exchange, purchase, eminent domain or any other lawful method whatsoever. The Agency may also acquire any other interest in real property less than a fee interest.

Since it is in the public interest and is necessary for the elimination of those conditions requiring redevelopment, the power of eminent domain may be employed by the Agency to acquire real property in the Project Area. The power of eminent domain shall not be exercised, however, when the conditions described in either subsections (A)(1), (2), (3) or (4) of this Section exist:

(1) The property in question contains a structure or structures occupied at the time of proposed acquisition as the residential dwelling unit of one or more persons; or

(2) The property in question is owned by a public body and that public body has not consented to the exercise of the power of eminent domain by the Agency; or

(3) The property in question is improved with a structure and, although not conforming to the Plan, the Agency has determined that the property and the structure can so conform pursuant to an owner participation agreement and that the owner is faithfully performing under the terms of the owner participation agreement; or

(4) The property in question is improved with a structure and, in the sole determination of the Agency, all of the following are true:

(a) The property is not needed for those specific activities outlined in the Plan, including for development by a master developer pursuant to Section C.2 of the Redevelopment Plan,

(b) The property is not needed for the development of replacement housing for those displaced by Agency activity, if any,

(c) The property is not needed for any other public improvement or facility,

(d) The property is not needed to promote historical or architectural preservation,

(e) The property is not needed to remove a blighting influence on surrounding properties which prevents achievement of the objectives of this Plan,

(f) The property is not needed for the elimination of environmental deficiencies including among other things, inadequate circulation, access or street layout, incompatible and mixed uses, overcrowding and small parcel size, and

(g) The property is not needed for the removal of impediments to land development and disposition through assembly of land into appropriately sized and shaped parcels served by improved circulation and utilities.

The Agency must commence eminent domain proceedings with respect to any property, which it intends to acquire by not later than July 8, 2015 (the twelfth (12th) anniversary of the date of adoption of the ordinance codified in this Section including such property in the Project Area). This time limit for commencement of eminent domain proceedings may be extended only by amendment of the Redevelopment Plan. The Agency may acquire property by voluntary (e.g., non-eminent domain) means after the expiration of the time limit for eminent domain proceedings and prior to the expiration of the effectiveness of the Redevelopment Plan.

Prior to any acquisition through eminent domain the Agency shall adopt a resolution declaring a need to acquire any specific property and authorizing the acquisition by such method.

(Ord. No. 4187 (part), adopted 2007.)

This Section is exempt from CEQA and Notice of Exemption and directs the Chief Executive Officer and Agency Executive to file the Notice of Exemption with the County Clerk of the County of Mendocino.

(Ord. No. 4187 (part), adopted 2007.)

The Clerk of the Board of Supervisors is hereby directed to file a copy of this Section, the CEQA Notice of Exemption, with the minutes of this meeting, with the Agency.

(Ord. No. 4187 (part), adopted 2007.)

If any provision, section, subsection, subdivision, sentence, clause or phrase of this Section is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portion or portions of the ordinance codified in this Section.

(Ord. No. 4187 (part), adopted 2007.)

This Section shall take effect and be in full force from and after thirty (30) days from the date of its final passage.

(Ord. No. 4187 (part), adopted 2007.)