Redevelopment Agency v. City of Berkeley

This is an appeal from a judgment of the Alameda County Superior Court declaring invalid, initiative Ordinance Q, a measure purporting to amend the City of Berkeley’s redevelopment plan, and permanently enjoining implementation of any provision of that ordinance. We affirm the judgment.

On July 26, 1966, the Berkeley City Council determined that it should no longer function as the city’s urban renewal agency. Therefore, pursuant to Health and Safety Code section 33203, the city council created a separate urban renewal agency, the Berkeley Redevelopment Agency (hereinafter referred to as BRA).

In early 1967, BRA adopted a redevelopment plan for the West Berkeley Industrial Park Project pursuant to Health and Safety Code section 33330 et seq. The plan sought to create an environment which would attract new industries, by the elimination of blighting influences, including adverse mixtures of residential and industrial uses. Under the industrial park plan, all residential uses are to be prohibited throughout the project area. The redevelopment plan was adopted by the city council on July 20, 1967, and was subsequently approved by the Department of Housing and Urban…