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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.