HomeMy WebLinkAboutCC AG PKT 2007-05-14 #Q
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AGENDA REPORT
DATE: May 14, 2007
TO: Mayor and Members of the City Council
THRU: Greg Beaubien, Interim City Manager
FROM: Lee Whittenberg, Director of Development Services
SUBJECT: ORDINANCE NO. 1559, AN ORDINANCE OF THE CITY
OF SEAL BEACH ADOPTED TO COMPLY WITH
CALIFORNIA HEALTH AND SAFETY CODE SECTION
33342.7
SUMMARY OF REQUEST:
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That the City Council introduce for first reading Ordinance No. 1559.
BACKGROUND:
SB. No. 53 took effect on January 1, 2007 and is codified at Health & Safety Code ~
33342.7. Section 33342.7 requires cities that adopted redevelopment plans prior to
January 1, 2007 to adopt an ordinance that describes the redevelopment agency's
program to acquire property by eminent domain. While the intent of the drafters of the
statute is unclear, it appears that all such cities must adopt the ordinance, even where the
agency, such as the Seal Beach Redevelopment Agency, does not have the power of
eminent domain. The ordinance must be adopted by July 1, 2007. Please refer to
Attachment 1 to review the proposed Ordinance and to Attachment 2 to review the
language of Health & Safety Code ~ 33342.7.
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~doption of the proposed Ordinance does' not give the Agency the power to acquire
real property by eminent domain. State law requires publicly noticed proceedings to
amend a redevelopment plan before the Seal Beach Redevelopment Agency could
consider exercising eminent domain. Such proceedings include, among other things, a
joint public hearing of the City Council and the Agency on the proposed amendment after
providing mailed notice to all of the property owners, .businesses and residents in the
Project Area. If a redevelopment plan Were amended to authorize eminent domain, the
Agency would then have to follow an additional set of procedural safeguards prior to
considering eminent domain for any particular property.
Agenda Item Q
Z:\Emlnent Demeln Program CC Stefl ReportDOCILW\05-02-07
/ntroductiDn of Ordintmce No. 1559 re'
Complilmce With Health and Sofay Code Section 333427
City COU71cil Staff Report .-
May 14,2007 _
The City Council adopted and approved the Redevelopment Plan for the Riverfront
Redevelopment Project ahd the Redevelopment Plan for the SUIfside Redevelopment
Project before January 1, 2007. Therefore, under an abundance of caution, we
recommend that the City Council adopt the proposed ordinance. Once again, the Agency
does not have eminent domain. Nonetheless, to ensure compliance with newly enacted
Section 33342.7, staff recommends that the City Council adopt the attached Ordinance.
FISCAL IMPACT:
None. The requested action is a procedural matter to comply with recently enacted
provisions of State law and has no fiscal impacts.
RECOMMENDATION:
Introduce Ordinance No. 1559, An Ordinance of the City of Seal Beach Adopted to
Comply with California Health and Safety Code Section 33342.7
NOTED AND APPROVED:
dt.t{,~
Director of Development Services
~..~n..O,.:
Greg Beau . en
Interim Ci aget
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Attachments: (2)
Attachment 1:
Ordinance No. 1559, An Ordinance of City of Seal Beach
Adopted to Comply with Health & Safety Code ~ 33342.7
Attachment 2:
Health & Safety Code ~ 33342.7, effective January 1, 2007
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1lnlin0lll DomIiD Progrom CC SlaffReport
EmilI"'" DomaiD Progrom cc SlalfReport
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Introduction of Ordinance No. 1559 re:
Compliance With Health and Safety Code Section 33342.7
City Council Staff Report
May 14, 2007
ATTACHMENT 1
AN ORDINANCE OF THE CITY OF SEAL
BEACH ADOPTED TO COMPLY WITH
CALIFORNIA HEALTH AND SAFETY
CODE SECTION 33342.7
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EmiIIent Domai. Program CC Staff Report
!\mi...t Domiin I'rognlm CC Staff Report
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IntrodUdion of Ordina1u:e No. 1559 re:
Compliance With Health and Safety Code Section 33342.7
City COunJ:il StoJf Report
May 14, 2007
ORDINANCE NUMBER 1559
AN ORDINANCE OF TIIE CITY OF SEAL BEACH
ADOPTED TO COMPLY WITH CALIFORNIA
REALm AND SAfETY CODE SECTION 33342.7
WHEREAS. California Health & Safety Code Section 33342.7 (added by Senate
Bill No. 53) requires a legislative body that adopted a final redevelopment plan before
January 1,2007 to adopt an ordinance describing the redevelopment agency's "program
to acquire real property by eminent domain"; and
WHEREAS, the Seal Beach Redevelopment Agency ("Agency") has no authority
to acquire real property by eminent domain; and .
WHEREAS, the Agency has no "program" to acquire real property by eminent
domain because the Agency has no authority to use eminent domain; and
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WHEREAS, the City Council adopted the Redevelopment Plan for the Riverfront
Redevelopment Project ("Redevelopment Plan") by adopting Ordinance No. 780 on
March 3, 1969; and
WHEREAS, the City Council adopted the Redevelopment Plan for the Surfside
Redevelopment Project ("Surfside Project Area") by adopting Ordinance No. 1134 on
December 20, 1982; and
WHEREAS, the City Council, by Ordinance No. 1544, adopted on April 24,
2006, amended the redevelopment plan for the Surfside Project Area to shorten the
duration of the redevelopment plan for the Surfside Project Area to June 30, 2006.
NOW, THEREFORE. THE CITY COUNCIL OF THE CITY OF SEAL BEACH
DOES ORDAIN AS FOLLOWS:
Section 1. The Agency does not have a program for the acquisition of real
property by eminent domain because the Agency lacks authority to acquire real property
by eminent domain.
Section 2. This ordinance does not confer on the Agency the authority to
acquire real property by eminent domain.
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Eminent Domain Program cc SlaffRepart
BlDineot Domain Program cc SIaff Report
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Introduction of Ordinance No. 1559 re:
Compliance With Health and Sofety Code Section 33342.7
City Council Staff Repon a
May 14. 2007 .
Section 3. This Ordinance is adopted pursuant to Health & Safety Code ~
33342.7 and no amendment of the Redevelopment Plan or the redevelopment plan for the
Surfside Project Area is effected by this Ordinance.
Section 4. This Ordinance has been reviewed pursuant to the California
Environmental Quality Act ("CEQA"), and the State CEQA Guidelines (Califomia Code
of Regulations, Title 14, ~~ 15000 et seq., hereafter the "Guidelines"). The City has
determined that this Ordinance is not a "project" for purposes of CEQA, as that term is
defined by Guidelines ~ 15378. Specifically, this Ordinance is adopted in order to
comply with the requirements of Health & Safety Code ~ 33342.7, and is an
organizational or administrative activity that will not result in a direct or indirect physical
change in the environment. (Guidelines ~ 15378(b)(5)) Therefore, because it is not a
"project," this Ordinance is not subject to the requirements of CEQA. Further, even if
this Ordinance were deemed a "project" and therefore subject to CEQA, the Ordinance
would be covered by the general rule that CEQA applies only to projects that have the
potential to cause a significant effect on the environment. (Guidelines ~ 15061 (b)(3)) As
an organizational or administrative activity that does not effect any change in the
Agency's authority to exercise its powers of eminent domain and involves no exercise of
such powers, the Ordinance does not have the potential to cause a significant effect on the
environment and is therefore exempt. Further, it can be seen with certainty that there is
no possibility that the activity in question may have a significant effect on the e
environment, and thus this Ordinance is not subject to CEQA. (Guidelines ~ 15061(b)(3))
Section 5. In the event the City Council adopts an ordinance after holding
duly noticed public hearings amending the Redevelopment Plan to authorize the Agency
to acquire real property by eminent domain, any such amendment shall also describe the
Agency's program to acquire property by eminent domain under the applicable
Redevelopment Plan, as amended, which program shall require that any acquisition of
real property by eminent domain shall comply with all applicable law and regulations.
Section 6. The City Clerk shall certify to the passage of this Ordinance and is
hereby directed to publish this Ordinance and to send a certified copy to the Agency.
Section 7. Staff is hereby directed to file a Notice of Exemption with the
County Clerk within five days of the adoPtion of this Ordinance pursuant to CEQA
Guidelines ~ 15062.
PASSED, APPROVED AND ADOPlED by the City Council of the City of Seal
Beach at a meeting thereof held on the day of , 2007.
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_I Domain Pro_ cc SIaft'Roport
Bininent DlIIIIaiD Program cc SIaft'Rqxxt
Mayor
CITY OF SEAL BEACH
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Introduction of Ordinance No. 1559 re:
Compliance With Health and Safety Code Section 33342.7
City Coll1lCil Stoff Report
May 14,2007
ATI'EST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
1, Linda Devine, City Clerk of the City of Seal Beach, Califomia, do hereby certify that the
foregoing Ordinance is an original copy of Ordinance Number 1559 on file in the office
of the City Clerk, introduced at a meeting held on the 14th day of Mav , 2007,
and passed, approved and adopted by the City Council of the City of Seal Beach at a
meeting held on the day of , 2007 by the folIowing vote:
AYES:
Council members
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NOES:
Council members
ABSENT: Council members
ABSTAIN: Council members
and do hereby further certify that Ordinance Number 1559 has been published
pursuant to the Seal Beach City Charter and Resolution Number 2836.
City Clerk
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EmiIlODI Domain Program CC Staff Report
Eminent Domain ProJP'lllll CC Staff Report
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Introduction of Ordinance No. 1559,..:
CompliDnce With Hoalth and. Safety Code Section 33342.7
. City Council Staff Report
May 14, 2007
ATTACHMENT 2
HEALTH & SAFETY CODE SECTION
33342.7, EFFECTIVE JANUARY 1, 2007
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33342.7. (a) A legislative body that adopted a final redevelopment plan before January I,
2007, shall 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. The plan may prohibit
the agency from acquiring by eminent domain specified types of real property, including,
but not limited to, owner-occupied residences, single-family residences, or any residential
property. The plan may prohibit the agency from acquiring by eminent domain real
property in specified locations within the project area.
(b) An agency's program to acquire real property by eminent domain may be changed
only by amending the redevelopment plan, pursuant to Article 12 (co=encing with
Section 33450).
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BminOllI Domain Program CC SIaff Report
BminOllI Domain Program CC SI8ff Roport
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