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HomeMy WebLinkAboutNS-2745 - Describing the Community Redevelopment Agency's Eminent Domain Program for Santa Ana Central City Redevelopment Project LES 5/29/07 ORDINANCE NO. NS-2745 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DESCRIBING THE COMMUNITY REDEVELOPMENT AGENCY'S EMINENT DOMAIN PROGRAM FOR THE SANTA ANA CENTRAL CITY REDEVELOPMENT PROJECT THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On July 2, 1973, the City Council of the City of Santa Ana (the "City Council") adopted Ordinance No. NS-1173, approving and adopting the Redevelopment Plan for the Santa Ana Central City Redevelopment Project. B. The Redevelopment Plan for the Santa Ana Central City Redevelopment Project has been amended eight (8) times by the City Council, as follows (as amended, the "Central City Redevelopment Plan"): · on June 2, 1975, by Ordinance No. NS-1258 (the "first amendment"); · on December 1, 1986, by Ordinance No. NS-1877 (the "second amendment"); · on October 3, 1994, by Ordinance No. NS-2234 (the "third amendment"); · on May 6, 1996, by Ordinance No. NS-2290 (the "fourth amendment"); · on August 2, 1999, by Ordinance No. NS-2396 (the "fifth amendment"); · on May 17, 2004, by Ordinance No. NS-2652 (the "sixth amendment"); · on September 20, 2004, by Ordinance No. NS-2663 (the "seventh amendment"); and · on May 16, 2005, by Ordinance No. NS-2685 (the "eighth amendment"). C. The Community Redevelopment Agency of the City of Santa Ana (the "Agency") is designated as the official redevelopment agency to carry out in the City of Santa Ana the functions and requirements of the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.; "CRL"). D. Section 33342.7 of the CRL requires the City Council to adopt an ordinance on or before July 1, 2007, that contains a description of the Agency's program to acquire real property by eminent domain in connection with the Agency's implementation of the Central City Redevelopment Plan. Section 2. Description of the Aoency's Eminent Domain Prooram. Section III.B.1. of the Central City Redevelopment Plan provides as follows: Ordinance No. NS-2745 Page 1 of 3 "Except as specifically exempted herein, the Agency may acquire but is not required to acquire, all real property located in the Project area, by gift, devise, exchange, purchase, eminent domain, or any other lawful method. "It is in the public interest and is necessary in order to eliminate the conditions requiring redevelopment and in order to execute the Plan, for the power of eminent domain to be employed by the Agency to acquire real property in the Project Area. "The Agency shall not acquire interests in oil, gas or other mineral substances within the Project Area, except to preclude surface drilling within the Project Area. "The Agency is not authorized by law to acquire real property owned by public bodies which do not consent to such acquisition. The Agency is authorized, however, to acquire public property if it becomes private property by being transferred by deed, lease, or otherwise to private ownership or control before the Agency completes land disposition within the entire Project Area if the Agency and the private owner do not enter into a participation agreement. "The Agency shall not acquire real property to be retained by an owner pursuant to a participation agreement if the owner fully performs under the agreement. The Agency is authorized to acquire structures without acquiring the land upon which those structures are located. The Agency is also authorized to acquire any other interest in real property less than a fee. "The Agency shall not acquire real property on which an existing building is to be continued on its present site and in its present form and use without the consent of the owner, unless (1) such building requires structural alteration, improvement, modernization, or rehabilitation, or (2) the site or lot on which the building is situated requires modification in size, shape, or use, or (3) it is necessary to impose upon such property any of the standards, restrictions and controls of the Plan and the owner fails or refuses to participate in the Plan by executing a participation agreement." In accordance with Ordinance No. NS-2290 (adopted on May 6, 1996, and effective on June 5, 1996), eminent domain proceedings to acquire property within the Central City Redevelopment Project must be commenced no later than June 5, 2008, and those properties previously exempted from eminent domain by the Agency remain exempt. Section 3. CEQA. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to California Code of Regulations, Title 14, Chapter 3, Section 15061(b)(3). The project has been evaluated and found to have no significant effect on the environment. A Notice of Exemption for Environmental Review No. 2007-83 will be filed for this project. Section 4. Severabilitv. If any sections, subsections, sentences, clauses, phrases or portions of this Ordinance are for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. Ordinance No. NS-2745 Page 2 of 3 The City Council hereby declares that it would have passed this and each section, subsection, sentence, clause, phrase or portion of this Ordinance whether or not any one or more sections, subsections, sentences, clauses, phrases or portions may be declared invalid or unconstitutional on their face or as applied. ADOPTED this lS'h day of June. 2007. ~. ~ . el A. PUlido ayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Bycftke- [. 4r~ Lisa E. Storck Assistant City Attorney AYES: Councilmembers Alvarez, Benavides. Bustamante, Martinez. Pulido. Sarmiento (6) NOES: Councilmembers None (0) ABSTAIN: Councilmembers None (0) NOT PRESENT: Councilmembers Tinaiero (1) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-2745 to be the original ordinance adopted by the City Council of the City of Santa Ana on June 18, 2007, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: ,q /2-0 7 , # - ,. Patricia E. Healy Clerk of the Council City of Santa Ana Ordinance No. NS-2745 Page 3 of 3