HomeMy WebLinkAboutNS-2750 - Describing the Community Redevelopment Agency's Eminent Domain Program for the Bristol Corridor Redevelopment Project
5/29/07 LES
ORDINANCE NO. NS-2750
AN ORDINANCE OF THE CITY COUNCil OF THE CITY
OF SANTA ANA DESCRIBING THE COMMUNITY
REDEVELOPMENT AGENCY'S EMINENT DOMAIN
PROGRAM FOR THE BRISTOL CORRIDOR
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 December 4, 1989, the City Council of the City of Santa Ana (the "City
Council") adopted Ordinance No. NS-2039, approving and adopting the Redevelopment
Plan for the Bristol Corridor Redevelopment Project.
B. The Redevelopment Plan for the Bristol Corridor Redevelopment Project has
been amended five (5) times by the City Council, as follows (as amended, the "Bristol
Corridor Redevelopment Plan"):
· on October 3, 1994, by Ordinance No. NS-2231 (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 May 17, 2004, by Ordinance No. NS-2652 (the "fourth amendment"); and
· on September 20, 2004, by Ordinance No. NS-2662 (the "fifth 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 Bristol Corridor Redevelopment Plan.
Section 2. Description of the AQency's Eminent Domain ProQram. The
Agency does not currently have the authority to acquire property by eminent domain to
carry out the Bristol Corridor Redevelopment Plan, said authority having expired on
December 4,2001.
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
Ordinance No. NS-2750
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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: CtI:. ~ (. &~
Lisa E. Storck
Assistant City Attorney
AYES: Councilmembers Alvarez. Benavides. Bustamante. Martinez.
Pulido. Sarmiento (6)
NOES: Cou ncilmembers 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-2750 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.
2. ~
/ .' ~ -
1,7 c:/~~ -~ "
Patricia E. Healy
Clerk of the Council
City of Santa Ana
Date:
<i)7--07
Ordinance No. NS-2750
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