8E Consent 2007 0604 - Laserfiche WebLink

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CITY OF SAN LEANDRO APPROVED AND FORWARDED TO CITY COUNCIL STAFF REPORT DATE: May 31,2007 Jo Ci TO: John Jermanis, City Manager FROM: Luke Sims, Interim Community Development Director BY: Ryan Evans, Development Planner IV\..<..- SUBJECT PROJECT /PROJECT DESCRIPTION: PROPOSED ORDINANCES ADOPTING A PROGRAM FOR THE USE OF EMINENT DOMAIN BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN LEANDRO FOR THE PLAZA REDEVELOPMENT PROJECT AREA, THE ALAMEDA COUNTY/CITY OF SAN LEANDRO (JOINT) REDEVELOPMENT PROJECT AREA, AND THE WEST SAN LEANDRO/MACARTHUR BOULEVARD REDEVELOPMENT PROJECT AREA, PURSUANT TO SB 53 SUMMARY AND RECOMMENDATION Staff recommends adoption of the attached Ordinances to describe the Redevelopment Agency of the City of San Leandro (Agency) program for the acquisition of real property using eminent domain, as required by the new Health and Safety Code Section 33342.7. The Ordinances do not limit or expand the current eminent domain authority as prescribed in the Redevelopment Plans for the Plaza Redevelopment Project Area (Plaza Project Area), the Alameda County/City of San Leandro Redevelopment Project Area (Joint Project Area), and the West San LeandrolMacArthur Boulevard Redevelopment Project Area (WSLIMacArthur Project Area). BACKGROUND Analysis The State Legislature recently passed SB 53, a bill which requires all California Redevelopment Agencies to take certain actions with respect to eminent domain. SB 53 was passed in response to the recent US Supreme Court decision affirming a city's use of eminent domain in the context of economic development (Kelo v. City of New London, 545 U.S. 460 [2005]). SB 53 added a new section (Section 33342.7) to the Health and Safety Code which requires cities or counties with redevelopment plans adopted prior to January 1, 2007 to adopt, on or before July 1, 2007, an ordinance that contains a description of the Agency's program for the acquisition of real property using eminent domain or a brief description that the Agency has not authorized the acquisition of real property using eminent domain. After adoption of such an ordinance, a redevelopment agency can only amend its program for acquisition of real property by the use of eminent domain by amending its redevelopment plan.