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HomeMy WebLinkAboutORD 01 (1995)ORDINANCE NO. 01(1995) AN URGENCY ORDINANCE OF THE COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ESTABLISHING STANDARDS REGULATING THE EXERCISE OF EMINENT DOMAIN PROCEEDINGS FOR THE ACQUISITION OF LAND, WITHIN THE INCORPORATED BOUNDARIES OF THE CITY, BY THE WILDLIFE CORRIDOR CONSERVATION AUTHORITY A. RECITALS. (i) The City of Diamond Bar (City), a municipal corporation, has become a party to a joint exercise of powers agreement (JPA) otherwise known as the Wildlife Corridor Conservation Authority (Authority), which was established pursuant to CaliforniaGovernment Code Section 6500 et seq (Joint Exercise of Powers Act). The purpose of the Authority's to provide for the proper planning, conservation, environmental protection and maintenance of the habitat and wildlife corridor between the Whittier -Puente Hills and Cleveland National Forest in the Santa Ana Mountains. As a further necessary and integral purpose of the Authority, the acquisition and protection of lands for conservation, natural open space and recreational purposes is contemplated. Acquisition of land, by the Authority, may be by way of gift, devise, purchase, exchange or eminent domain; provided that any party may adopt a resolution nullifying the exercise of eminent domain, if adopted within thirty (30) days of the written notice of the Authority's intention to exercise the power of eminent domain, issued by the Authority, to the City in which the property proposed to be condemned is located. (ii) The City Council (Council), after due consideration and deliberation, exercised its authority as the legislative body by approving membership in the Wildlife Corridor Conservation Authority and signing the joint exercise of authority agreement. As a party to the Authority joint exercise of power agreement,'the City of Diamond Bar agrees to abide by the provisions of the JPA, as the Authority proceeds toward to attainment of the purposes for which the Authority was established. Notwithstanding the necessary adherence to the provisions of the JPA, the Council of the City of Diamond Bar reserves its powers to adopt regulations which constrain, supplement and/or further the intent of the JPA, so long as such regulation does not serve to hinder or otherwise diminish the intent or effect of the provisions of the JPA. (iii) The Council desires to reserve the right and power to authorize the use of eminent domain, within the incorporated boundaries of the City of Diamond Bar. Article 11, Section 7 of the State of California Constitution enables and authorizes a City to exercise its police powers, by ordinance, to preserve and secure the health, safety and welfare of the community, so long as such exercise does not conflict with the general laws of the State. Concurrently, the City has the power to adopt regulations which constrain, supplement and/or further the intent and effect of the JPA. (iv) The Council has found and determined that it is in the public interest to require the Council to affirmatively approve any and all eminent domain proceedings initiated, by the Authority, which involve land located within the incorporated boundaries of the City. Further, the Council has found and determined that it is proper and necessary to invoke its legislative powers, in order to further the public interest. The Council has determined that the public interest is best served by adopting reasonable regulations to require the affirmative approval of any and all proposed eminent domain proceedings initiated by the Authority, which involve land within the incorporated boundaries of the City. The Council further finds that implementing local regulation is in substantive consonance with the provisions of the JPA. (v) The provision in the JPA (Section 1.2) which provides for the use of eminent domain as an alternative for the acquisition of land in furtherance of the purpose of the Authority including land within the incorporated boundaries of the City is of significant concern to the Council to require immediate action by this Council to adopt regulations to preserve, maintain and further the public interest of all citizens, property owners and residents of the City. The Council has determined that it is necessary to enact this Ordinance as an Urgency Ordinance, effective immediately upon adoption to preserve the public health, safety and welfare as described in the foregoing. (vi) All legal preconditions to the adoption of this Urgency Ordinance have occurred. B. Ordinance. The Council of the City of Diamond Bar does ordain as follows: Section 1. The Council finds and determines in all respects as set forth in Recitals, Part A, hereinabove. Section 2. The Council has found and determined that this Ordinance shall be enacted as an Urgency Ordinance, effective upon adoption pursuant to California Goverment Code Section 36937 (b), on the basis of the facts set forth in the Recitals, Part A, of this Ordinance. Section 3. any and all eminent domain proceedings initiated by the Authority involving land located within the incorporated boundaries of the City are deemed to be nullified by this Urgency Ordinance immediately upon receipt of notice required by Section 1.2 of the Authority JPA; and, notice of said nullification shall be sent to the Authority within thirty (30) days of the receipt of the JPA Section 1.2 notice; unless, the Council, within thirty (30) days of a Section 1.2 notice by the Authority and after a duly noticed public hearing, rescinds by resolution the statutory nullification, hereinabove set forth in Section 3, pertaining to a specific eminent domain proceeding, which is the subject of a JPA Section 1.2 notice, if the resolution rescinding the statutory nullification is adopted, the Council, within thirty (30) days of receipt of a Section 1.2 notice by the Authority, shall transmit certified copies of said resolutions to the Authority. Section 4. The City Clerk shall certify to the adoption of this Ordinance and shall cause to be posted in three (3) public places within the City of Diamond Bar, pursuant to the provisions of Resolution 89-6, as amended. Further, the City Clerk shall cause certified copy of this Ordinance to be transmitted with the executed copy of the Wildlife Corridor Conservation Authority joint exercise of powers agreement. APPROVED AND ADOPTED this 3rd day of January, 1995. Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 3rd day of JanupU , 1995, and was finally adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 3rd day of January . 1995, by the following vote: AYES: COUNCIL MEMBERS: Miller, Werner, MPT/Papen, NOES: COUNCIL MEMBERS: Harmony Harmony ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS:None ATTEST. � - Cit lerk of the City of - Diamond Bar 1 7