ORD 437
ORDINANCE NO. 437
AN ORDINANCE OF THE CITY COUNCil OF THE CITY
OF lA QUINTA. CALIFORNIA. 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
THE CITY COUNCil OF THE CITY OF lA QUINTA. CALIFORNIA. DOES
ORDAIN AS FOllOWS:
SECTION 1. Declaration of Purpose.
(a) The La Quinta 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. 43 on November 29, 1983, the
City Council adopted the Redevelopment Plan for La Quinta Redevelopment Project
No. 1 ("Project Area No.1"), which redevelopment plan was thereafter amended
by Ordinance No. 258 on December 20, 1994, by Ordinance No. 264 on March
21, 1995, by Ordinance No. 388 on August 19, 2003, and by Ordinance No. 402
on March 16, 2004 (all of the foregoing, collectively, the "Project Area No. 1
Redevelopment Plan").
(c) By adoption of Ordinance No. 139 on May 16, 1989, the City
Council adopted the Redevelopment Plan for La Quinta Redevelopment Project No.
2 ("Project Area No.2"). which redevelopment plan was thereafter amended by
Ordinance No. 259 on December 20, 1994, by Ordinance No. 399 on February 3,
2004, by Ordinance No. 403 on March 16, 2004, and by Ordinance No. 404 on
!V1arch 16, 2004 (all of the foregoing, collectively, the "Project Area No. 2
Redevelopment Plan").
(d) Pursuant to the terms of the Project Area No. 1 Redevelopment
Plan, the Agency's authority to initiate proceedings to acquire real property, with
respect to Project Area No.1, by the exercise of the power of eminent domain
expired on or about March 21, 2007, and thus the Agency is not currently
authorized to acquire real property with respect to Project Area No. 1 by the
exercise of the power of eminent domain.
(e) Pursuant to the terms of the Project Area No.2 Redevelopment
Plan, the Agency's authority to initiate proceedings to acquire real property, with
respect to Project Area No.2, by the exercise of the power of eminent domain
expired on or about May 16, 2001, and thus the Agency is not currently authorized
to acquire real property with respect to Project Area No. 2 by the exercise of the
power of eminent domain.
Ordinance No. 437
SB 53 I RDA I Eminent Domain
Adopted: June 5. 2007
Page 2
(f) Although the Agency is not currently authorized to exercise the
power of eminent domain to acquire real property with respect to either Project
Area No.1 or Project Area No.2, 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 by the adoption of this
Ordinance to comply with Senate Bill 53 by describing that the Agency currently
does not have a program to acquire real property by eminent domain because
neither the Project Area No. 1 Redevelopment Plan nor the Project Area No. 2
Redevelopment Plan currently authorizes the Agency to acquire real property by
eminent domain.
.sECTION 2. The La Quinta Redevelopment Agency Does Not Currently
Have A Program to Acquire Real Property By Eminent Domain.
(a) . The Agency currently does not have in either its Project Area
No..1 Redevelopment Plan or its Project Area No. 2 Redevelopment Plan the
authority to acquire real property by the use the power of eminent domain and
therefore the Agency does not currently have any program to acquire real property
by eminent domain. The foregoing limitation on the Agency's authority with
respect to Project Area No. 1 may be changed only by amending the Project Area
,No: 1 Redevelopment Plan pursuant to the CRL unless otherwise provided by the
,CRL or other applicable law or regulation. The foregoing limitation on the Agency's
authority with respect to Project Area No.2 may be changed only by amending the
Project Area No.. 2 Redevelopment Plan pursuant to the CRL unless otherwise
provided by the CRL or other applicable law or regulation.
, (b)' Nothing in this Ordinance is intended to, or shall, act to limit or
extand the authority of the Agency or the City as may be provided in either the
Project Area No. 1 Redevelopment Plan or the Project Area No.2 Redevelopment
Plan or the CRL or other applicable law or regulation. Nothing in this Ordinance is
intended to, or shall, act to limit the authority of the City Council, in compliance
with the CRL or other applicable law or regulation, to amend, in the future, the
Project Area No. 1 Redevelopment Plan and/or the Project Area No. 2
Redevelopment Plan to reinstitute the Agency's authority to acquire real property
by the exercise of the power of eminent domain, if and to the extent authorized by
the CRL or other applicable law or regulation.
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"
Ordinance No. 437
58 53 I RDA I Eminent Domain
Adopted: June 5. 2007
Page 3
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 provisions set
forth in applicable redevelopment plans and does not cause or implement any
specific application or project.
SECTION 4. Severability. The provIsions of this Ordinance shall be
severable, and if any clause, sentence, paragraph, subdivision, section, or part of
this Ordinance shall be adjudged by any court of competent jurisdiction to be
invalid, such judgment shall not affect, impair, or invalidate the remainder thereof
but shall be confined in its operation to the clause, sentence, paragraph,
subdivision, section, or part thereof directly involved in the controversy in which
such judgment shall have been rendered.
SECTION 5. Legal Construction. The provisions of this Ordinance shall be
construed as necessary to effectively carry out its purposes, which are hereby
found and declared to be in furtherance of the public health, safety and welfare.
SECTION 6. Ordinance Not To Be Codified. This Ordinance shall not be
codified in the Municipal Code but shall be an uncodif:ed ordinance.
SECTION 7. Effectiveness. This Ordinance shall be effective thirty (30)
days from and after the date of its passage.
SECTION 8. POSTING. The City Clerk is directed to post this Ordinance in
the manner and in the time required by law.
PASSED. APPROVED. and ADOPTED at a regular meeting of the La Quinta
City Council held on this 5th day of June, 2007, by the following vote:
AYES: Council Members Henderson, Kirk, Osborne. Sniff, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
(L
Ordinance No. 437
88 53 I RDA I Eminent Domain
Adopted: June 5. 2007
Page 4
ATTEST:
VERONICA J. ONTECINO, CMC, City Clerk
City of La QUlnta, California
(City Seal)
APPROVED AS TO FORM:
Ordinance No. 437
S8 53 I RDA I Eminent Domain
Adopted: June 5. 2007
Page 5
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss.
CITY OF LA QUINTA )
I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta, California, do
hereby certify the foregoing to be a full, true, and correct copy of Ordinance No.
437 which was introduced at a regular meeting on the 15th day of May, 2007, and
was adopted at a regular meeting held on the 5th day of June, 2007, not being less
than 5 days after the date of introduction thereof.
I further certify that the foregoing Ordinance was posted in three places within the
City of La Quinta as specified in City Council Resolution 2006-102.
N ECINO, CMC, City Clerk
ta, California
DECLARATION OF POSTING
I, VERONICA J. MONTECINO, City Clerk of the City of La ~nta, California, do
hereby certify that the foregoing ordinance was posted on :..J tln"- IS;....2tt' 7 ,
pursuant to Council Resolution.