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HomeMy WebLinkAbout50A - ORDINANCE EMINENT DOMAINREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 4, 2007 TITLE: ORDINANCES DESCRIBING THE COMMUNITY REDEVELOPMENT AGENCY'S EMINENT DOMAIN PROGRAM FOR THE CENTRAL CITY, INTER CITY COMMUTER STATION, NORTH HARBOR BOULEVARD, SOUTH HARBOR BOULEVARD/FAIRVIEW STREET, SOUTH MAIN STREET AND BRISTOL CORRIDOR REDEVELOPMENT PROJE(/CTS/-_~ ///////,~ /~~/J CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 191 Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Adopt an ordinance describing the Community Redevelopment Agency' s Eminent Domain Program for the Santa Ana Central City Redevelopment Project; 2. Adopt an ordinance describing the Community Redevelopment Agency's Eminent Domain Program for the Santa Ana Inter City Commuter Station Redevelopment Project; 3. Adopt an ordinance describing the Community Redevelopment Agency's Eminent Domain Program for the Santa Ana North Harbor B oulevard Redevelopment Project; 4. Adopt an ordinance describing the Community Redevelopment Agency's Eminent Domain Program £o r the Santa Ana South Harbor Boulevard/Fairview Street Redevelopment Project; 5. Adopt an ordinance describing the Community Redevelopment Agency's Eminent Domain Program for the Santa A na South Main Street Redevelopment Project; and 6. Adopt an ordinance describing the Community Redevelopment Agency's Eminent Domain Program for the Santa Ana Bristol Corridor Redevelopment Project. 50A-1 Ordinances Describing the Agency's Ordinances Describing the Agency's Eminent Domain Program for Redevelopment Projects June 4, 2007 Page 2 As part of redevelopment reform legislation enacted during 2006, a new requirement was added to the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.; "CRL") pertaining to eminent domain. Pursuant to CRL Section 33342.7, added by Senate Bill 53 (Stats. 2006, Chap. 591), for each redevelopment plan adopted prior to January 1, 2007, the legislative body must adopt an ordinance by July 1, 2007, describing the Agency's program to acquire real property by eminent domain in connection with that redevelopment plan. The Community Redevelopment Agency of the City of Santa Ana {the "Agency") currently has a merged project area with six redevelopment project areas: Central City, Inter City Commuter Station, North Harbor Boulevard, South Harbor Boulevard/Fairview Street, South Main Street and Bristol Corridor Redevelopment Projects (the "Redevelopment Projects" or "Project Areas"). Each of the Project Areas has a separate Redevelopment Plan that governs redevelopment of the respective Project Area, and each Redevelopment Plan contains a time limit on the use of eminent domain. For the South Harbor Boulevard/Fairview Street and Bristol Corridor Redevelopment Plans, the time limit on the use of eminent domain has expired and the Agency now has no authority to acquire real property within those Project Areas by eminent domain. Section 1 of the proposed Ordinances for these two Project Areas describes the expiration of eminent domain authority - for South Harbor Boulevard/Fairview Street, it expired on September 2, 2004, and for Bristol Corridor, it expired on December 4, 2001. For the other four Project Areas, the time limit on the use of eminent domain is as follows: • Central City - June 5, 2008; • Inter City Commuter Station - June 5, 2008; • North Harbor Boulevard - June 5, 2008; and • South Main Street - August 16, 2007. Section 1 of each of the proposed Ordinances for the above four Project Areas contains a recitation of the provisions of the respective Redevelopment Plan that authorize property acquisition by eminent domain, together with a description of the applicable time limit on the use of 50A-2 Ordinances Describing the Agency's Ordinances Describing the Agency's Eminent Domain Program for Redevelopment Projects June 4, 2007 Page 3 eminent domain, properties that have previously been declared to be exempt from eminent domain and any other restrictions applicable to the use of eminent domain. FISCAL IMPACT There is no fiscal impact associated with this action. .~ Stephe G. Harding Deputy City Manag for Development Services Community Development Agency SGH/NE/mlr H:\ACTIONS\2007 CC\Ordinances CRA EmineatDomain Ps og 6-9-07.doc 50A-3 LES 5/29107 ORDINANCE NO. NS- 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 CENTRAL CITY 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 2, 1973, the City Council of the City of Santa Ana (the "City Council") adopted Ordinance No. NS-1173, approving and adopting the Redevelopment Plan for the Santa Ana Central City Redevelopment Project. B. The Redevelopment Plan for the Santa Ana Central City Redevelopment Project has been amended eight (8) times by the City Council, as follows (as amended, the "Central City Redevelopment Plan"): • on June 2, 1975, by Ordinance No. NS-1258 (the "first amendment"); • on December 1, 1986, by Ordinance No. NS-1877 (the "second amendment"); • on October 3, 1994, by Ordinance No. NS-2234 (the "third amendment"); • on May 6, 1996, by Ordinance No. NS-2290 (the "fourth amendment"); • on August 2, 1999, by Ordinance No . NS-2396 (the "fifth amendment"); • on May 17, 2004, by Ordinance No. NS-2652 (the "sixth amendment"); • on September 20, 2004, by Ordinance No. NS-2663 (the "seventh amendment"); and • on May 16, 2005, by Ordinance No. NS-2685 (the "eighth 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 50A-4 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 Central City Redevelopment Plan. Section 2. Section III.B.1. of the as "Except as specifically exempted herein, the Agency may acquire but is not required to acquire, all 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 the Plan, for the power of eminent domain to be employed by the Agency to acquire real property in the Project Area. "The Agency shall not acquire interests in oil, gas or other mineral substances within the Project Area, except to preclude surface drilling within the Project Area. "The Agency is not authorized bylaw to acquire real property owned by public bodies which do not consent to such acquisition. The Agency is authorized, however, to acquire public property if it becomes private property by being transferred by deed, lease, or otherwise to private ownership or control before the Agency completes land disposition within the entire Project Area if the Agency and the private owner do not enter into a participation agreement. "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 alteration, 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 the Plan and the owner fails or refuses to participate in the Plan by executing a participation agreement." In accordance with Ordinance No. NS-2290 (adopted on May 6, 1996, and effective on June 5, 1996), eminent domain proceedings to acquire property 2 50A-5 within the Central City Redevelopment Project must be commenced no later than within the Central City Redevelopment Project must be commenced no later than June 5, 2008, and those properties previously exempted from eminent domain by the Agency remain exempt. 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. Severability. 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. 3 50A-6 ADOPTED this day of APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Lisa E. Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 2007 Miguel A. Pulido Mayor 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- to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 4 50A-7 LES 5/29/07 ORDINANCE NO. NS- 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 INTER CITY COMMUTER STATION 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") adapted Ordinance No. NS-1636, approving and adopting the Redevelopment Plan for the Santa Ana Inter City Commuter Station Redevelopment Project. B. The Redevelopment Plan for the Santa Ana Inter City Commuter Station Redevelopment Project has been amended six (6) times by the City Council, as follows (as amended, the "Inter City Commuter Station Redevelopment Plan"): • on October 3, 1994, by Ordinance No. NS-2234 (the "first amendment"); • on May 6, 1996, by Ordinance No. NS-2289 (the "second amendment" -- mistakenly identified in Ordinance No. NS-2289 as the "First 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"); • on September 20, 2004, by Ordinance No. NS-2664 (the "fifth amendment"); and • on May 16, 2005, by Ordinance No. NS-2685 (the "sixth 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"). 50A-8 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 Inter City Commuter Station Redevelopment Plan. Section 2. Section 308 of the follows: "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 the date occurring twelve (12) years after the effective date of the ordinance approving and adopting the First Amendment to the Redevelopment Plan for the Santa Ana Inter City Commuter Station Redevelopment Project. Those properties previously exempted from eminent domain by the Agency shall remain exempt. [As amended by Ord. No. NS-2289 on 5/6196.] "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 as 2 50A-9 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. 84-4, adopted on February 27, 1984, the Agency exempted the following property from acquisition by eminent domain for the duration of the Inter-City Commuter Station Redevelopment Plan or any amendment or extension thereof: (a) the property of Junior Lee Edwards located at 1110 N. Poinsettia Street; and (b) the property of Henry Lomakin located at 1041 Logan Street. In accordance with Ordinance No. NS-2289 (adopted on May 6, 1996, and effective on June 5, 1996), eminent domain proceedings to acquire property within the Inter City Commuter Station Redevelopment Project must be commenced no later than June 5, 2008. 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. 3 50A-10 ADOPTED this day of , 2007 ADOPTED this day of , 2007 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Lisa E. Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY 1, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 4 50A-11 5/10!07 LES ORDINANCE NO. NS- 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 NORTH HARBOR BOULEVARD 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-1637, approving and adopting the Redevelopment Plan for the Santa Ana North Harbor Boulevard Redevelopment Project. B. The Redevelopment Plan for the Santa Ana North Harbor Boulevard Redevelopment Project has been amended seven (7} times by the City Council, as follows (as amended, the "North Harbor Redevelopment Plan"): • on October 3, 1994, by Ordinance No. NS-2234 (the "first amendment"); • on May 6, 1996, by Ordinance No. NS-2291 (the "second amendment" -- mistakenly identified in Ordinance No. NS-2291 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-2665 (the "sixth amendment"); and • on May 16, 2005, by Ordinance No. NS-2685 (the "seventh 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"); and 50A-12 .~ n ~ n~ i_ _J 1 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 North Harbor Redevelopment Plan; Section 2. Section 308 of the as "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 the date occurring twelve (12) years after the effective date of the ordinance approving and adopting the First Amendment to the Redevelopment Plan for the Santa Ana North Harbor Redevelopment Project. Those properties previously exempted from eminent domain by the Agency shall remain exempt, [As amended by Ord, No. NS-2291 on 516196.] "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 2 50A-13 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. 84-5, adopted on February 27, 1984, the Agency exempted the following property from acquisition by eminent domain for the duration of the North Harbor Redevelopment Plan or any amendment or extension thereof: (a) the properties of Maria Rodriguez located at 410 and 414 North Harbor Boulevard; (b} the property of Jack Engle located at 417 South Harbor Boulevard; and (c) all properties within the North Harbor Redevelopment Project that were residential properties on February 27, 1984. In accordance with Ordinance No. NS-2291 (adopted on May 6, 1996, and effective on June 5, 1996), eminent domain proceedings to acquire property within the North Harbor Redevelopment Project must be commenced no later than June 5, 2008. 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. 3 50A-14 ADOPTED this day of , 2007 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Lisa E. Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 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- to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 4 50A-15 5/29/07 LES ORDINANCE NO. NS- 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 HARBOR BOULEVARD/FAIRVIEW 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-1638, approving and adopting the Redevelopment Plan for the Santa Ana South Harbor Boulevard/Fairview Street Redevelopment Project. B. The Redevelopment Plan for the Santa Ana South Harbor Boulevard/Fairview Street Redevelopment Project has been amended seven (7) times by the City Council, as follows (as amended, the "South Harbor/Fairview Redevelopment Plan"): • on August 3, 1992, by Ordinance No. NS-2167 (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 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-2666 (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"). 50A-16 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 Harbor/Fairview Redevelopment Ptan. Section 2. Description of the Agency's Eminent Domain Program. The Agency does not currently have the authority to acquire property by eminent domain to carry out the South HarborlFairview Redevelopment Plan, said authority having expired on September 2, 2004. 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. 50A? 17 ADOPTED this day of APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Lisa E. Storck Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers 2007 Miguel A. Pulido Mayor 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- to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 50A318 s;z9io~ LEs ORDINANCE NO. NS- 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 50A-19 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. Section 308 of the as "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, 50A-20 _- - ,.., .. ~_ __ ,_a ..., ,,.L,i..h the 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 919-112 So. Sycamore, 1024, 1026, 1026-1/2 and 1026A South Main Street; and (c) all 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 Resoiution 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 50A-21 . ... _• ___._a ~_ ,.........,n....n~l nn 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 far this project. Section 4. Severability. 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. 4 50A-22 ADOPTED this day of 2007 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Lisa E. Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 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- to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 50A-23 5/29107 LfiS ORDINANCE NO. NS- 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. 50A-24 Section 2. Description of the AQer Agency does not currently have the autf domain to carry out the Bristol Corridor having expired on December 4, 2001. ;y's Eminent Domain Program. The ~rity to acquire property by eminent Redevelopment Plan, said authority 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. Severability. 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. 50A-25 ADOPTED this day of 2007 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Lisa E. Storck Assistant City Attorney AYES: NOES: ABSTAIN NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers 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- to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 50A3 26