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Home My WebLink AboutCC AG PKT 2007-06-25 #M e AGENDA REPORT DATE: June 25, 2007 TO: Honorable Mayor and City Council David Carmany, City Manager THRU: FROM: Lee Whittenberg, Director of Development Services SUBJECT: ADOPTION OF ORDINANCE NO, 1559, AN ORDINANCE OF THE CITY OF SEAL BEACH ADOPTED TO COMPLY WITH CALIFORNIA HEALTH AND SAFETY CODE SECTION 33342,' SUMMARY OF REQUEST: Waive further reA,Hng and Adopt Ordinance No. 1559, An Ordinance of the City of Seal e Beach Adopted to Comply with California Health and Safety Code Section 33342.7. BACKGROUND: The City Council considered this matter on May 14, 2007 and introduced the subject ordinance. It is now appropriate to adopt the subject ordinance. FISCAL IMPACT: None. RECOMMENDATION: Waive further reading and Adopt Ordinance No. 1559, An Ordin"nce of the City of Seal Beach Adopted to Comply with California Health and Safety Code Section 33342.7. NOTED AND APPROVED: ~.?W~ ~=-s~ C:>-~~ David Carmany 7 City Manager e Agenda Item M Z:\My DocomontsICity CooocillOnliuanoe ISS9 Adopti... (SB S3).CC SIldfRoport.doc\LWIOS-IS.o7 e AdoptionofOrdinQ1lceNo.1559- Complitmce with California Health and Sofety Code Section 33342. 7 City COlUlcil Stqff Report June 25, 2007 Attachment: Ordinance No. 1559, An Ordinance of the City of Seal Beach Adopted to Comply with California Health and Safety Code Section 33342.7 e e 2 OnIinmco 1559 Adoptioo (SB 53).CC Slafl'RqlIxt e ORDINANCE NUMBER 1559 AN ORDINANCE OF THE CITY OF SEAL BEACH ADOPTED TO COMPLY WITH CALIFORNIA HEALTH AND SAFETY CODE SECTION 33342.7 WHEREAS, California Health &: Safoty Code Seetion 33342.7 (added by Senale Bill No, 53) requi.... a legislative body 1hat sdopted a final tedovelopment plan befote Ianuary 1, 2007 to sdopt an ordinanoe describing tho tedovelopment agency's ''program to aoquire real property by aminen1 domain": and WHEREAS, the Seal Bosch Redevelopment Agency ("Agency") has no authority to aoquire real property by eminent domain; and WHEREAS, tho Agenoy has no ''program'' 10 ocquire real property by aminent domain because the Agency has no authority to use eminent domain; and WHEREAS, the Ci1y Council sdopted the Redevelopment Plan ror the Rivorfmnt Redevelopment Project ("Redevelopmont Plan") by adopting Ordinance No, 780 on March 3, 1969; and WHEREAS, the City Council sdopted the Rodevelopment Plan for the Surrside Redevolopment Project ("Surrside Project Area") by adopting Ordinanoo No, 1134 on December 20, 1982; and WHEREAS, tho Ci1y Council, by Ordinance No. 1544, adopted on April 24, 2006, amended tho tedovolopment plan ror the Surfside Project Area to shorten the duration of tho redovolopment plan for the Surr.ide Projec1 Area to Iuno 30, 2006. e NOW, THEREFORE, THE CITY COUNCn. OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section 1. Tho Agency do.. not havo a program for the acquisition of real properly by eminen1 domain becllll80 the Agency lacka authority to sequire real propeny by eminent domain, Section 2. This ordinanoe do.. not confer on the Agency tho authority to aoquire real property by eminent domain. Section 3. This Ordinance is sdopted p\ll1lUan1 to Health &: Safo1y Code i 33342,7 and no amendment of tho Redevolopmen1 Plan or the redovelopmon1 plan for the Surrside Project Area is offected by this Ordinance. e Section 4, This Ordinance has been reviowod pursuant 10 tho California Environmental Quality Aot ("CEQA"), and tho State CEQA Guidelin.. (California Code of Regulations, Tltlo 14, if 15000 .t "q.. hCt08fter tho "Guidelinos"). Tho City h.. detonnined 1hat this Ordinance is not a "project" for purpoaes of CEQA, a. that tenn is dofined by Guidelin.. Ii 15378. Specifically, this Ordinance i. adopted in order to comply with tho requirements of Health '" Safety Code Ii 33342,7, and i. an organizational or administrative activity that will not resull in B direct or indirect physical ohango in tho environmenL (Guidelino. Ii 15378(b)(5)) Therefore, because it i. not a "project," this Orchnance i. not subjoct to tho requimnonts or CEQA, Further, oven ir 1his Ordinance were deemed a ''projoet'' and therefote subjoct to CEQA, the Ordinance would be coveted by the general rulo that CEQA applio. only to projoelS that havo the potential to cause. .ignificant effect on tho environmonL (Guidelines Ii /5061 (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 invoJves no exercise of such powers. the Ordinance does not have the potential to cause a significant effect on the environment and is therefore exempt. Funher, it can be seen with certainty that theRli is no possibility 1hat the setivity in question may have a significant effoo1 on \he onvironment, and thus this Ordinance i. not .ubject to CEQA. (Guideline. Ii 15061(b)(3)) Ordinance Number 1559 e SOCbon 5. In \ho evan1 \he City Council adopts an ordinBnCe after holding duly noticed public hearlngs amendins \he Rodevelopman1 Plan 10 au\horize \he Asenoy to acquire real property by eminon1 domain, any such amendment shall also describe \ho Agency's program to acquire properly by ominent domsin under 1ho applicablo Redevelopment Plsn, ss smended, whioh program shall require \hat any acquisition of real property by eminent domsin shall comply w1\h an applioablolaw and resulations, Soction 6. The City Clerll: shan certify to tho passage of \hil Ordinance and ia hereby direcled to publish \his Ordinance and to send a certilied oopy to the Agency. Soction 7. Staff is hereby directed to lile a Notice of Exomption wi\h 1ho County Clerk w1\hin fivo clays of \he adoption of \his Ordinance pursuant to CEQA Guidelines 115062. PASSED, APPROVED AND ADOPTED by \he City Council of \ho City or Seal Bosch at a meeting \hereofheld on \he 25\h day or June. 2007. ATTEST: Mayor City Clerk STATEOFCALIFORNIA I COUNTY OF ORANGE I SS CITY OF SEAL BEACH 1 e 1, Linda Devine, City Clorlc of \he City of Seal Beach, Calil'omia, do hereby certify Iha1 the foregolDS Ordinance is an original copy or Ordinance Number ~ on file in \he office of \he City Clorlc, introduced at a meeting held on \he..M!!L clay or Mav , 2007, and palled, approved and adopted by \he City Council or \he City of Seal Besch at a meeIinS held 011 \he 25\h clay or Juno , 2007 by \he following vole: AYES: Councilmemben NaBS: Councilmemben ABSENT: Councilmemben ABSTAIN: Councdmemben and do hereby further certify \hat Ordinance Number 1559 hss bean published pursuant to the Seal Beach City Chsrte< snd Ro90lll1ion Number 2836. City Clerll: e HEALTH" SAFETY CODE SECTION 333417, EFFECTIVE JA"'UARY 1,:1007 33342.7. (a> A legislative bod)' that adopted . final redevelopment plan before JIIDU8I')' I, 2007. shall adopt an ordinance on or bBfore JuJy I. 2007. thai. containl a description oftbc agency'. propam 10 acquire real property by eminent domain. The pl8n may prohibit the agency ftum acquiring by eminent domam specified types of real property, including, but not limited to. oWrJCNJccupicd l'eSJdencca. lingle-family rcsulenCCII. or any I"CIICIential property. The plul mI.,. prohibit the agency tivm acquiriDl by emUJelI! domain real property in Ipccificd locations within the project an:a. (b) An agency's program 10 BCquirc real property by eminent clol1Jlin IRIY be changed Daly by amendinllhc redcvelopment plan, pw'SUanllO Article 12 (commoncina; whh Scc::rion 33450).