HomeMy WebLinkAboutSR - Ord. 1137 - SB 53MEETING DATE 5 - (0 -0?
❑ CONTINUED TO
CITY OF PALM DES TO ASSED TO 2ND READING 5- Cis -
STAFF REPORT
REQUEST: PROGRAM TO ACQUIRE PROPERTY BY EMINENT DOMAIN
PURSUANT TO SENATE BILL NO. 53
SUBMITTED BY: DAVID YRIGOYEN, DIRECTOR OF REDEVELOPMENT/HOUSING
DATE: MAY 10, 2007
CONTENTS: ORDINANCE NO. 1137
Recommendations:
That the City Council introduce the first reading and read by title only the following
Ordinance:
An Ordinance of the City Council of the City of Palm Desert, California,
Describing the Palm Desert Redevelopment Agency's program to acquire
real property by eminent domain.
Background:
Senate Bill No. 53 took effect on January 1, 2007, and is codified at Health & Safety
Code Section 33342.7. Section 33342.7. requires a city that adopted a redevelopment
plan prior to January 1, 2007, to adopt an ordinance that describes the redevelopment
agency's program to acquire property by eminent domain. The ordinance must be
adopted by July 1, 2007.
The new law (Section 33342.7) does not apply to other legislative bodies that may have
the power of eminent domain, such as cities or housing authorities. Therefore, the City
Council is not required to adopt an ordinance describing any program to acquire real
property by eminent domain except the Agency's program.
The City Council adopted and approved the Redevelopment Plans for Project Area Nos.
1, 2, 3 and 4 before January 1, 2007. Therefore, Section 33342.7 requires the City
Council to adopt an ordinance describing the Agency's program to acquire real property
by eminent domain under the Redevelopment Plans.
Staff Report
Program to acquire property by eminent domain pursuant to Senate Bill No. 53
Page 2 of 2
May 10, 2007
The Agency currently does not have the authority to acquire property by eminent domain.
Nonetheless, to ensure compliance with newly enacted Section 33342.7, staff
recommends that the City Council adopt the attached Ordinance.
Submitted by:
avid Yrigo
Director qji edevelopment/Housing
Approved:
McCarthy, ACM Rede lopment
Carlos L. Ortega,' 'ity Manager
7Z4-101-
Vaul S. Gibson, Director of Finance
G:\rda\Beth Longman\Staff Reports\Yrigoyen\Acq Property by Em Dom 051007.doc