O 589ORDINANCE NO. 589
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE TO COMPLY WITH REQUIREMENTS OF
SENATE BILL 53, CHAPTER 591 OF STATUTES OF 2006, AS
CODIFIED IN CALIFORNIA HEALTH AND SAFETY CODE
SECTION 33342.7, BY DESCRIBING THAT THE ARROYO
GRANDE REDEVELOPMENT AGENCY DOES NOT HAVE
AUTHORITY TO ACQUIRE REAL PROPERTY BY EMINENT
DOMAIN AND THEREFORE HAS NO PROGRAM TO ACQUIRE
REAL PROPERTY BY EMINENT DOMAIN
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS
FOLLOWS:
Section 1: Declaration of Purpose
A. The Arroyo Grande Redevelopment Agency (the "Agency") is organized and
existing under the California Community Redevelopment Law which is codified at Health
and Safety Code Section 33000 et seq. (the "CRL").
B. By adoption of Ordinance No. 487 C.S. on June 17, 1997, the City Council of
the City of Arroyo Grande, in compliance with the CRL and other applicable law, adopted
the Redevelopment Plan for the Arroyo Grande Redevelopment Project, as amended from
time to time with technical amendments as authorized by the CRL (the "Redevelopment
Plan"). The Redevelopment Plan delineates the Arroyo Grande Redevelopment Project
Area (the "Project Area").
C. By enactment of Senate Bill 53 (Stats.2006, Ch. 591), the CRL was amended
to add Health and Safety Code Section 33342.7 to require that communities with
redevelopment plans adopted prior to January 1, 2007 must adopt an ordinance prior to
July 1, 2007, that contains a description of the redevelopment agency's program to acquire
real property by eminent domain. It is the purpose and intent of the City Council, with the
adoption of this Ordinance, to comply with Senate Bill 53 by describing that the Agency
does not have a program to acquire real property by eminent domain because the
Redevelopment Plan does not authorize the Agency to acquire real property by eminent
domain.
Section 2: The Arroyo Grande Redevelopment Agencv Does Not Have A Program to
Acouire Real Property By Eminent Domain.
A. The Redevelopment Plan does not grant the Agency the authority to authority
to acquire real property by the use the power of eminent domain and therefore the Agency
does not have any program to acquire real property by eminent domain. The foregoing
limitation on the Agency's authority may be changed only by amending the Redevelopment
Plan pursuant to the CRL.
B. Nothing in this Ordinance is intended to, or shall, act to limit or extend the
authority of the Agency or the City as may be provided in the Redevelopment Plan or the
CRL or other applicable law or regulation.
ORDINANCE NO. 589
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Section 3: Adoption of Ordinance Exempt from the California Environmental Quality Act.
The City Council finds and determines that the adoption of this Ordinance is exempt from
the requirements of the California Environmental Quality Act ("CEQA") pursuant to State
CEQA Guidelines Section 15061(b)(3) [14 C.C.R. § 15061(b)(3)] which sets forth the rule
that "CEQA" applies only to projects which have the potential for causing a significant effect
on the environment. Where it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment, the activity is not
subject to CEQA." This Ordinance merely restates Redevelopment Plan provisions and
does not cause or implement any specific application or project. The City Clerk is hereby
authorized to file a Notice of Exemption with the County of San Luis Obispo pursuant to
CEQA Guidelines Section 15062(c).
Section 4: Required Proceedinos. All required proceedings and considerations
precedent to the adoption of this Ordinance have been regularly taken in accordance with
applicable law.
Section 5: Severability. If any section, subsection, subdivision, sentence, clause,
phrase, or portion of this Ordinance is, for any reason, held to be invalid by a final judgment
of a court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would have
adopted this Ordinance and each, section subdivision, sentence, clause, phrase, or portion
of this Ordinance irrespective of the fact that one or more sections, subdivisions, sentences,
clauses, phrases, or portions of this Ordinance be declared invalid.
Section 6: Ordinance Not To Be Codified. This Ordinance shall not be codified in the
Municipal Code but shall be an uncodified ordinance.
Section 7: Publication. A summary of this Ordinance has been published in a
newspaper published and circulated in the City of Arroyo Grande at least five (5) days prior
to the City Council at which this Ordinance has been adopted. A certified copy of the full
text of this Ordinance has been posted in the in the office of the Director of Administrative
Services/City Clerk. Within fifteen (15) days after adoption of this Ordinance, the summary
with the names of those City Council members voting for and against this Ordinance shall
be published again, and the Director of Administrative Services/City Clerk shall post a
certified copy of the full text of this adopted Ordinance.
Section 8: Effectiveness. This Ordinance shall take effect thirty (30) days after its
adoption.
On motion by Council Member Fellows, seconded by Council Member Costello, and by the
following roll call vote, to wit:
AYES: Council Members Fellows, Costello, Arnold, and Mayor Ferrara
NOES: None
ABSENT: Council Member Guthrie
the foregoing Ordinance was adopted this 22"' day of May, 2007
ORDINANCE NO. 589
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C
TONYFER AYOR
ATTEST:
KELLY ETM RE, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TI THY . C MEL
CI ATTORNEY
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San
Luis Obispo, State of California, do hereby certify under penalty of perjury, that
the attached is a true, full, and correct copy of Ordinance No. 589 which was
introduced at a regular meeting of the City Council on May 8, 2007; was passed
and adopted at a regular meeting of the City Council/Redevelopment Agency of
the City of Arroyo Grande on the 22nd day of May 2007; and was duly published
in accordance with State law (G.C. 40806).
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 23`d
day of May 2007.
U/t~_
KELLY ET RE, CITY CLERK