HomeMy WebLinkAboutLimit Use of Eminent Domain in Redevelopment Plan Amendments� ® 1
' Council/Agency Meeting Held: 3--elk-IL
Deferred/Continued to:
Appr6ed ❑ Conditionally Approved ❑ Denied
City Clerk's S' ature
Council Meeting Date: 3/18/96
Department ID Number: ED 96-21
CITY OF HUNTINGTON BEACH
REQUEST FOR REDEVELOPMENT AGENCY ACTION
SUBMITTED TO: HONORABLE CHAIRMAN AND REDEVELOPMENT AGENCY
MEMBERS
SUBMITTED BY: MICHAEL T. UBERUAGA, Executive Director
PREPARED BY: DAVID C. BIGGS, Director of Economic Development
SUBJECT: Restriction of Eminent Domain Power - Redevelopment Plan
Amendments
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: The Redevelopment Plan Amendment Process in now underway. An
early issue which must be decided is the formation of a Project Area Committee (PAC) if
eminent domain powers are to be extended for residential properties.
Funding Source: N/A.
Recommended Action: A motion to direct staff to structure the amended Redevelopment
Plan to limit the use of eminent domain within the Main Pier Project Area to commercial
properties only, to extend the term of eminent domain powers for all properties within the
Huntington Center Project Area, and to not extend eminent domain powers within the
Talbert/Beach, Oakview, or Yorktown/Lake Project Areas.
Alternative Action(s): Direct staff to expand or limit eminent domain in other ways.
Analysis: One of the purposes of the Redevelopment Plan Amendments currently
underway is to consider the extension of eminent domain powers in the Redevelopment
Project Areas. The California Health and Safety Code requires that use of eminent domain
be limited to the twelve years following the adoption or amendment of a project area.
Following this rule, eminent domain powers for the Huntington Beach Redevelopment
Agency have or will lapse as shown in the following chart.
REQUEST FUR REDEVELOPMENT AGE ACTION
`MEETING DATE: 3/18/96
DEPARTMENT ID NUMBER: ED 96-21
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PROJECT AREA DATA SUMMARY
. ..
.
Project Area
Eminent Domain Expires(d)
Huntington Center
1996
Oakview
1996
Amendment
2001
Main -Pier
1994
Amendment
1995
Talbert -Beach
1994
Yorktown -Lake
1994
Recent changes to Redevelopment law stipulate that if eminent domain powers are to be
used ".. for any property upon which persons reside ..."then a Project Area Committee
(PAC) must be formed. The formation of a PAC requires notification of all property
owners, businesses, and tenants within the affected area and permits the election of a
project area committee from amongst those responding. The City Council must certify that
the PAC as self -constituted, is tepresentative" of property owners, business owners and
residential tenants within the project area. The City Council must also provide support to
the PAC either with funds or in -kind services for consultant and legal services.
The recommended action avoids the necessity of forming a PAC. Since eminent domain
within the Main Pier Project Area will be limited to commercial properties only, no PAC is
required. In the Huntington Center Area, eminent domain may be extended for all
properties because there is no residentially zoned property within the project area and no
PAC is required. In the remaining project areas, it is not envisioned that additional
eminent domain powers will be required and these should be allowed to lapse at the
conclusion of the twelve-year limitation now in effect and no action is required.
Environmental Status: N/A
Attachment(s):
DCB:SVK:ee
DOMAKDOC -2- 03/05/96 3:11 PM