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Home My WebLink AboutNS-2749 - Describing the Community Redevelopment Agency's Eminent Domain Program for the Santa Ana South Main Street Redevelopment Project 5/29/07 LES ORDINANCE NO. NS-2749 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 MAIN 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-1639, approving and adopting the Redevelopment Plan for the Santa Ana South Main Street Redevelopment Project. B. The Redevelopment Plan for the Santa Ana South Main Street Redevelopment Project has been amended seven (7) times by the City Council, as follows (as amended, the "South Main Redevelopment Plan"): · on October 3, 1994, by Ordinance No. NS-2234 (the "first amendment"); · on July 17, 1995, by Ordinance No. NS-2256 (the "second amendment" -- mistakenly identified in Ordinance No. NS-2256 as the "First 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-2667 (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 Main Redevelopment Plan; Section 2. Description of the AQency's Eminent Domain ProQram. Section 308 of the South Main Redevelopment Plan provides as follows: Ordinance No. NS-2749 Page 1 of 4 "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. "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 twelve (12) years following the effective date of the ordinance approving and adopting the First Amendment to this Plan. The Agency acknowledges it has exempted certain properties in the Project Area from eminent domain by adoption of Resolutions No. 84-2, 82-73, 82-74, 82-75, 82-76, 82-77, 82-78, and 82- 87. [As amended by Ord. No. NS-2256 on 7/17/95.] "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. 84-2, adopted on February 27, 1984, the Agency exempted the following property from acquisition by eminent domain for the duration of the South Main Redevelopment Plan or any amendment or extension thereof: (a) the properties of Gerald Peebler located at 203-205 So. Main, 112, 114, 116, 118 and 120 E. Walnut, and 202-206 So. Cypress; (b) the property of John Ralph Albert located at 917,919 and 919-1/2 So. Sycamore, 1024, 1026, 1026-1/2 and 1026A South Main Street; and (c) all Ordinance No. NS-2749 Page 2 of 4 properties within the South Main Redevelopment Project that were residential properties on February 27,1984. By Resolution No. 82-73, adopted on August 17, 1982, the Agency exempted, from acquisition by eminent domain, the property located at 1325 E. St. Andrews Place (as more particularly described in Exhibit A attached to Resolution No. 82-73). By Resolution No. 82-74, adopted on August 17, 1982, the Agency exempted, from acquisition by eminent domain, the property located at 107 E. Cubbon (as more particularly described in Exhibit A attached to Resolution No. 82-74). By Resolution No. 82-75, adopted on August 17, 1982, the Agency exempted, from acquisition by eminent domain, the property located at 505 So. Main (as more particularly described in Exhibit A attached to Resolution No. 82-75). By Resolution No. 82-76, adopted on August 17, 1982, the Agency exempted, from acquisition by eminent domain, the property located at 125 E. Central (as more particularly described in Exhibit A attached to Resolution No. 82-76). By Resolution No. 82-77, adopted on August 17, 1982, the Agency exempted, from acquisition by eminent domain, the property located at 210 S. Main (as more particularly described in Exhibit A attached to Resolution No. 82-77). By Resolution No. 82-78, adopted on August 17, 1982, the Agency exempted, from acquisition by eminent domain, the property located at 221 So. Main St. (as more particularly described in Exhibit A attached to Resolution No. 82-78). By Resolution No. 82-87, adopted on September 21, 1982, the Agency exempted, from acquisition by eminent domain, the property owned by Donald J. McLaughlin and Oliver Marquis located at 210 S. Main Street (as more particularly described in Exhibit A attached to Resolution No. 82-87). In accordance with Ordinance No. NS-2256 (adopted on July 17, 1995, and effective on August 16, 1995), eminent domain proceedings to acquire property within the South Main Redevelopment Project must be commenced no later than August 16, 2007. 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. Ordinance No. NS-2749 Page 3 of 4 ADOPTED this 18th day of June. 2007. APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney BY:~' ~.~ Lisa . Storck Assistant City Attorney AYES: Councilmembers Alvarez. Benavides. Bustamante. Martinez. Pulido. Sarmiento (6) NOES: Cou ncilmembers 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-2749 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: 'ilL ljc7 /'~4-< '--Patricia E. Healy ~ Clerk of the Council City of Santa Ana Ordinance No. NS-2749 Page 4 of 4