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Home My WebLink AboutCC Ord 1559 2007-06-25 ORDmANCENUMBER1559 AN ORDINANCE OF THE CITY OF SEAL BEACH ADOPTED TO COMPLY WITH CALIFORNIA HEALTH 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 I 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 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: I - 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, 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 (California 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 environment, and thus this Ordinance is not subject to CEQA. (Guidelines ~ 15061(b)(3)) I Ordinance Number 1559 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, I 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 ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the 25th day of June, 2007. <--~ ~. W~ Mayor ATTEST: ~. VVI~ Cit Clerk vf1v~1 I STATE OF CALIFORNIA } COUNTY OF ORANGE ) SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, California, 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 25th day of June , 2007 by the following vote: AYES: Council members ~I ~/11,p;U}' J,~,. ~ NOES: Councilmembers 1'QJ;;.,~ ABSENT: Councilmembers ~ / ABSTAIN: Councilmembers ~I and do hereby further certify that Ordinance Number 1559 has been published pursuant to the Seal Beach City Charter and Resolution Number 2836, ~;4 h(P/)tI;'1 City Clerk I HEALTH & SAFETY CODE SECTION 33342.7, EFFECTIVE JANUARY 1,2007 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 propeny. 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 propeny in specified locations within the project area, (b) An agency's program to acquire real propeny by eminent domain may be changed only by amending the redevelopment plan. pursuant to Article 12 (commencing with Section 33450). Ordinance Number 1559 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange This space is for the County Clerk's Filing Stamp I am a citizen of the United States and a resident of the county afore- said; I am over the age of eighteen years, and not a party to or inter- ested in the above-entitled matter. I am the' principal clerk of the printer of the SEAL BEACH SUN, a newspaper of general circulation, printed and published weekly in the City of Seal Beach, County of Orange and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of 2/24175, Case Number A82583; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates. to-wit: Proof of Publication of .................... 1111..........1 L ..... .........&F.aUIIIIA'flY. . ;.~-'~~'~..'''''''''''' 'ORDlNNlCE ".IER.1&i1- ,COMPL~Wfnf, , "FORIG'IfIllU; .. o~... ~SAI'E1'V.COD&,8E '~ j~~~'~BlL\: 1. ....~ '~"CIIIoniIaHoilt,.&~, 1._33W.7,toIldidl1t tB11 No. 53) roq...... .log_ ,body 1hoI.......... .'IniI_ ,~::;:;rt';in' - r ,~.I JarABy1, h200 'IO\8dopt 8n 'ordinance .d.lGfIbliiilllJ...._=1o on! "~ 10 RllII \P..p.rty~onl, omoln". IWhllo,tho 011110_01 ,.lI1ool8tu18l...._I_ ~lI1ot oN oUCh _'mUll i1dopl the ardlnal1Cl, ....n where ttie , _.ouclIOOIhoSoolBood1 'FfodoVolopni.nt,AgO!1CY, do.. !not hBY81he ~ Of 8mIn8nt : _. Thoordln8iloo muo\ bo .8doplod 11t'.-.1y 1,2007. \. MapiIonol..-l 0Idn0n00, l~l/i5(l,cIiloonot Neill;, !Agonoylhi'_Ili'~19 "'" \P..porty ,by .mln.nl dom.ln: _1IlW,"",*""pullIId;_' proceecllngl to amend 8 r8de- ~ '..I_nt'pIon _19.ho SooI 1- f\od.ll'IOIopml- lcould conskfe'.8Jl8rcf81ng em':' nent dDhialn~ .:~ .", . , ..: I. Tho CIly CouncIl odootodll1o' ,~::::~:'.Ior 1110, ...._<lRIr&lC8No. = lMon:',a, fIl89ond~:'; !'RodOYOlopmont'Plon lor 1110 SWf8tde RidIwIapment PmlBc\t jl1t odopIIng OnIInonciI No.1 134 on o-mbOr 20, 1Bl12. TIIo Cllii ICouncI, by 0nIn0nc0 No. 1644, fOl/aplltr/ \1.1..... 24, 2lIIJ8, 0IlBId; ,od tho r8dovo1apmOl1' plon,rur ;1ho_ProjocIAroati>II1ait- l.nll1od_oflliO..~ jopmllnt pldr1":fdr the Surflkf8 ,__IoJullo:lll, 2008.' Omlno_ N....tlor IS.... ,IntrodUced at the~regul.r CItY ClluAcII~OIMrN 14. 2llOt Bnd~col1llde1at1onroi oocand _Iiig ond'BdopIIon" Iho _r mo8\Ing of Juno 25, 2007. 'FInd RlIIdIng of OnIInonce N~~~~M"p-.by the fOllowing wte:' I"" ,j -- . -..P ." " -,~ ..' ~~YES;AntOa, L.aniOn,:L8vitt, ,Sh8nk8.YbBben:_".: .......t...~ 'NOES: Nono, Ma4Ion co- . .,J...,.. ,..... ~t....~ , 'CopIoo oI:o"rilin8nco Numl'ior. .1SOI8I1Vt1i_ '""" tho'_ of,tho CIIy CIotk,CIIY HoI!;21.1 , 8\h SIr8eltS81118Hch;~\ (582) 431~2527. ext. 305."'" r..~~ tweD'THIS.15th cloy.of,"'" 2007.1',,",,1!}.:.J.~:P; r-'./'1',";f"%'" Undo.llovIno"CIIYClork ,',111' CIIy of So8I Booch ." i~In\h'S8BI~~ SI24I2CK11. '. - .' ~:"I ._...-_..,----~.... I certify (or declare) under penalty of perjury that the foregoing is true and correct, ,2007. Signature PUBLICATION PROCESSED BY: THE SEAL BEACH SUN 216 Main Street Seal Beach, CA 90740 (562) 430-7555 I I I