Ord 657
ORDINANCE NO. 657
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA
DESCRIBING THE POWAY REDEVELOPMENT AGENCY'S
EXISTING AUTHORITY TO ACQUIRE REAL PROPERTY IN THE
PAGUAY REDEVELOPMENT PROJECT, IN ACCORDANACE
WITH SENATE BILL 53
WHEREAS, the Poway Redevelopment Agency (the "Agency") is a community
redevelopment agency organized and existing under the California Community
Redevelopment Law, Health and Safety Code Sections 33000, et seq. (the "CRL") and
has been authorized to transact business and exercise the powers of a redevelopment
agency pursuant to action of the City Council (the "City Council") of the City of Poway
(the "City"); and
WHEREAS, the City Council of the City of Poway adopted Ordinance No. 117
establishing the Redevelopment Plan (the "Redevelopment Plan") for the Paguay
Redevelopment Project (the "Redevelopment Project") on December 13, 1983; and
WHEREAS, the City Council has adopted amendments to the Redevelopment
Plan by Ordinance No. 415 on June 15, 1993, Ordinance No. 439 on December 13,
1994, Ordinance No. 593 on November 18, 2003, Ordinance No. 605 on August 3,
2004, and Ordinance No. 611 on October 26, 2004; and
WHEREAS, Section 503 of the Redevelopment Plan, as amended by Ordinance
No. 611 (which became effective as of November 25,2004) (the "2004 Amendment"),
contains provisions for the acquisition of real property as follows:
The Agency may acquire real property, any interest in
property, and any improvements on it, including by gift,
grant, consent, exchange, purchase, cooperative
negotiations, lease or any other means authorized by law.
The Agency shall not acquire residentially-zoned and
developed properties by eminent domain.
WHEREAS, the Agency's authority under the Redevelopment Plan to acquire
real property by eminent domain expires on November 25, 2016; and
WHEREAS, pursuant to Section 33342.7 of the California Health and Safety
Code, which was added by Senate Bill 53 and effective as of January 1, 2007, a
legislative body that adopted a final redevelopment plan before January 1, 2007, must
adopt an ordinance that contains a description of the agency's program to acquire real
property by eminent domain; and
WHEREAS, in order to maintain compliance with the CRL, the City has decided
to adopt this ordinance describing the Agency's program to acquire real property by
eminent domain pursuant to Section 33342.7 of the California Health and Safety Code.
Ordinance No. 657
Page 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES
ORDAIN AS FOLLOWS:
Section 1. The foregoing Recitals are true and correct and are a substantive
part of this Ordinance.
Section 2. The Agency's program for the acquisition of real property by
eminent domain, with respect to the Paguay Redevelopment Project, is hereby
described as follows:
(a) if and to the extent authorized by the Redevelopment Plan, the
Agency shall exercise the power of eminent domain if and when the Agency determines
that the exercise of such power is an appropriate and useful tool, and
(b) if and to the extent authorized by the Redevelopment Plan, the
Agency shall exercise the power of eminent domain in compliance with the terms and
limitations, if any, set forth in the Redevelopment Plan.
Section 3. Except as expressly set forth herein, no amendment to the
Redevelopment Plan and no change to or limit upon the authority of the City or Agency
is effected by this Ordinance, including, without limitation, the Agency's authority to
acquire property by means other than the exercise of eminent domain.
Section 4. All required proceedings and considerations precedent to the
adoption of this Ordinance have been regularly taken in accordance with applicable law.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30)
days after the date of its passage; and before the expiration of fifteen (15) days after its
passage, it shall be published once with the names of members voting for and against
the same in the Po way News Chieftain, a newspaper of general circulation published in
the City of Poway.
Introduced and first read at a regular meeting of the City Council of the City of
Poway held this 5th day of June 2007 and thereafter PASSED AND ADOPTED at a
regular meeting of said City Council held the 12th day of June 2007.
yor
Ordinance No. 657
Page 3
STATE OF CALIFORNIA )
) sS.
COUNTY OF SAN DIEGO)
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify that the
foregoing Ordinance No. 657, was duly adopted by the City Council at a meeting of said
City Council held on the 12th day of June 2007, and that it was so adopted by the
following vote:
AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
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City of Poway