ORDINANCE NO. 466 ORDINANCE NO. 466 ORDINANCE NO. 466 ORDINANCE NO

    ORDINANCE NO. 466

AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES CLARIFYING THAT THE REDEVELOPMENT PLAN FOR THE REDEVELOPMENT AGENCY’S PROJECT AREA DOES NOT INCLUDE THE POWER TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN.

            WHEREAS, the Rancho Palos Verdes Redevelopment Agency (“Agency”) is a redevelopment agency in the City of Rancho Palos Verdes, created pursuant to the California Community Redevelopment Law, California Health & Safety Code Section 33000 et seq. (the “Community Redevelopment Law”); and

            WHEREAS, California Health & Safety Code Section 33342.7 (added by Senate Bill No. 53) became effective January 1, 2007, and 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

            WHEREAS, the City Council, by ordinance, approved and adopted the Redevelopment Plan for Project Area No. 1 of the Agency  (the “Project Area”) before January 1, 2007; and

            WHEREAS, the Agency has no authority to acquire real property by eminent domain in the Project Area; and

            WHEREAS, the Agency presently has no program to acquire real property by eminent domain because the Agency has no authority to acquire real property by eminent domain in the Project Area;

            NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS:

            Section 1.       The Agency’s Eminent Domain Program. Without amending the Redevelopment Plan for the Project Area, the Agency does not have a program for the acquisition of real property by eminent domain because the Agency presently lacks the authority to acquire real property by eminent domain.

            Section 2.       Amendment of the Redevelopment Plan.  If and when the City Council adopts an ordinance amending the Redevelopment Plan to authorize the Agency to acquire any real property by eminent domain, any such amendment shall also describe the Agency’s program to acquire property by eminent domain under the 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.
                       
            Section 3.       California Health & Safety Code Section 33342.7. This Ordinance is adopted pursuant to California Health & Safety Code Section 33342.7 and no amendment of the Redevelopment Plan is effected by this Ordinance.

            Section 4.       California Environmental Quality Act. This Ordinance has been reviewed with respect to applicability of the California Environmental Quality Act (“CEQA”), and the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq., hereafter the “Guidelines”), and the City’s local environmental guidelines.  The City has determined that this Ordinance is not a “project” for purposes of CEQA, as that term is defined by Guidelines Section 15378.  Specifically, this Ordinance is adopted in order to comply with the requirements of California Health & Safety Code Section 33342.7, and is an organizational or administrative activity that will not result in a direct or indirect physical change in the environment. (Guidelines Section 15378(b)(5))  Therefore, because it is not a “project,” this Ordinance is not subject to CEQA’s requirements.  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 Section 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 under this general rule.  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 Section 15061(b)(3)) 

            Section 5.       Severability.  If any part of this Ordinance is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, for any reason, such decision shall not affect the validity of the remaining portions of this Ordinance and this City Council hereby declares that it would have passed the remainder of this Ordinance if such invalid or unconstitutional portion thereof had been deleted.

Section 6.       Certification.  The City Clerk shall certify to the passage of this Ordinance and is hereby directed to post this Ordinance in accordance with law.

Section 7.       Transmittal to Agency.  The City Clerk is hereby directed to send a certified copy of this Ordinance to the Agency.

Section 8.       Filing Notice of Exemption.  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 Section 15062 of the Guidelines.

PASSED, APPROVED AND ADOPTED this 4th day of December 2007.

/s/ Douglas W. Stern                          Mayor

Attest:

/s/ Carla Morreale
     City Clerk

State of California                                         )
County of Los Angeles                                  )  ss
City of Rancho Palos Verdes                         )

            I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 466 passed first reading on November 20, 2007, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on December 4, 2007, and that the same was passed and adopted by the following roll call vote:                            
AYES:              Clark, Long, Wolowicz and Mayor Stern
NOES:             None
ABSTAIN:        None
ABSENT:         Gardiner
        ____________________________
                                                                                                   City Clerk