HomeMy WebLinkAboutNS-2748 - Describing the Community Redevelopment Agency's Eminent Domain Program for Santa Ana South Harbor Boulevard/Fairview Street Redevelopment Project
5/29/07 LES
ORDINANCE NO. NS-2748
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 SOUTH HARBOR
BOUlEVARD/FAIRVIEW STREET 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-1638, approving and adopting the Redevelopment Plan for
the Santa Ana South Harbor Boulevard/Fairview Street Redevelopment Project.
B. The Redevelopment Plan for the Santa Ana South Harbor Boulevard/Fairview
Street Redevelopment Project has been amended seven (7) times by the City Council,
as follows (as amended, the "South Harbor/Fairview Redevelopment Plan"):
· on August 3,1992, by Ordinance No. NS-2167 (the "first amendment");
· on October 3, 1994, by Ordinance No. NS-2234 (the "second amendment");
· on August 2, 1999, by Ordinance No. NS-2396 (the "third amendment");
· on January 20, 2004, by Ordinance No. NS-2641 (the "fourth amendment");
· on May 17, 2004, by Ordinance No. NS-2652 (the "fifth amendment");
· on September 20, 2004, by Ordinance No. NS-2666 (the "sixth amendment");
and
· on May 16, 2005, by Ordinance No. NS-2685 (the "seventh 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 South Harbor/Fairview Redevelopment Plan.
Section 2. Description of the Aqencv's Eminent Domain Proqram. The
Agency does not currently have the authority to acquire property by eminent domain to
carry out the South Harbor/Fairview Redevelopment Plan, said authority having expired
on September 2, 2004.
Ordinance No. NS-2748
Page 1 of 2
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:~t,--, [.~
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-2748 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 C~ty of Santa ~na. .~
Date: yJ2-7/c7 ~/.;.
/ Patricia E. Healy
Clerk of the Council
City of Santa Ana
Ordinance No. NS-2748
Page 2 of 2