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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 PAGE 2 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 PAGE 3 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