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HomeMy WebLinkAboutNS-2746 - Describing the Community Redevelopment Agency's Eminent Domain Program for Santa Ana Inter City Commuter Station Redevelopment Project LES 5/29/07 ORDINANCE NO. NS-2746 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 INTER CITY COMMUTER STATION 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 6, 1982, the City Council of the City of Santa Ana (the "City Council") adopted Ordinance No. NS-1636, approving and adopting the Redevelopment Plan for the Santa Ana Inter City Commuter Station Redevelopment Project. B. The Redevelopment Plan for the Santa Ana Inter City Commuter Station Redevelopment Project has been amended six (6) times by the City Council, as follows (as amended, the "Inter City Commuter Station Redevelopment Plan"): · on October 3, 1994, by Ordinance No. NS-2234 (the "first amendment"); · on May 6, 1996, by Ordinance No. NS-2289 (the "second amendment" -- mistakenly identified in Ordinance No. NS-2289 as the "First Amendment"); · on August 2, 1999, by Ordinance No. NS-2396 (the "third amendment"); · on May 17,2004, by Ordinance No. NS-2652 (the "fourth amendment"); · on September 20, 2004, by Ordinance No. NS-2664 (the "fifth amendment"); and · on May 16, 2005, by Ordinance No. NS-2685 (the "sixth amendment"); and 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 Inter City Commuter Station Redevelopment Plan. Section 2. Description of the Aoency's Eminent Domain Prooram. Section 308 of the Inter City Commuter Station Redevelopment Plan provides as follows: "The Agency may acquire but is not required to acquire, any real property located in the Project Area, by gift, devise, exchange, purchase, eminent domain or any other lawful method. Ordinance No. NS-2746 Page 1 of 3 "It is in the public interest and is necessary in order to eliminate the conditions requiring redevelopment and in order to execute this Plan, for the power of eminent domain to be employed by the Agency to acquire real property in the Project Area. "No eminent domain proceeding to acquire property within the Project Area shall be commenced after the date occurring twelve (12) years after the effective date of the ordinance approving and adopting the First Amendment to the Redevelopment Plan for the Santa Ana Inter City Commuter Station Redevelopment Project. Those properties previously exempted from eminent domain by the Agency shall remain exempt. [As amended by Ord. No. NS-2289 on 5/6/96.] "To the extent permitted and in the manner required by law, the Agency may declare specific property within the Project Area to be exempt from acquisition by eminent domain under this Plan. The Agency shall have no power of eminent domain as to property so designated, unless this Plan is thereafter amended to expressly make the property subject to acquisition by eminent domain. ''The Agency shall not acquire interests in oil, gas, or other mineral or hydrocarbon substances of any kind or character within the Project Area, except to preclude the right to explore for, produce or extract such substances through any opening or penetration for any purpose connected therewith within 500 feet from the surface of any property in the Project Area. "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 alterations, 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 this Plan and the owner fails or refuses to participate in the Plan by executing a participation agreement." By Resolution No. 84-4, adopted on February 27, 1984, the Agency exempted the following property from acquisition by eminent domain for the duration of the Inter- City Commuter Station Redevelopment Plan or any amendment or extension thereof: (a) the property of Junior Lee Edwards located at 1110 N. Poinsettia Street; and (b) the property of Henry Lomakin located at 1041 Logan Street. In accordance with Ordinance No. NS-2289 (adopted on May 6, 1996, and effective on June 5, 1996), eminent domain proceedings to acquire property within the Inter City Commuter Station Redevelopment Project must be commenced no later than June 5, 2008. Ordinance No. NS-2746 Page 2 of 3 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. 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 18th day of June. 2007. APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney BY:,~ ~ f. ~ 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: Cou ncilmembers 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-2746 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. Patricia E. Healy Clerk of the Council City of Santa Ana Date: '7 /~7/z;1 :2 ' '- / --;C :A!-c-<. I __ Ordinance No. NS-2746 Page 3 of 3