ORD 466 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 no 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 •ursuant to
Section 15062 of the Guidelines.
PASSED, APPROVED AND ADOPTED this 4th day of De-embe 2007.
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Attest:
/6/1-Z
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
s . /g._ aveLZie.4._
City Clerk
R6876-0001\968920v1.doc Ordinance No.466
Page 2 cf 2
RANCHO PALOS VERDES
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES)
The undersigned, being first duly sworn, deposes and says:
That at all times herein mentioned, she was and now is the appointed City Clerk
of the City of Rancho Palos Verdes;
That on December 18, 2007, she caused to be posted the following document
entitled: City of Rancho Palos Verdes, Ordinance No. 466, a copy of which
is attached hereto, in the following locations:
City Hall Ladera Linda Community Center
30940 Hawthorne Blvd. 32201 Forrestal Drive
Rancho Palos Verdes Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a true and correct affidavit
of posting.
/AL/
City Clerk