HomeMy WebLinkAboutORD. No. 1137ORDINANCE NO. 1137
MEETING DATE �= — (0 " 02
CONT3N:.ED; C
PASSED TO 2ND READING, - a V-07
AN ORDINANCE OF THE CITY COUNCIL OF I HE t;1 1 Y
OF PALM DESERT, CALIFORNIA, DESCRIBING THE
PALM DESERT REDEVELOPMENT AGENCY'S
PROGRAM TO ACQUIRE REAL PROPERTY BY EMINENT
DOMAIN
WHEREAS, 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.
WHEREAS, 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.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm
Desert, California, as follows:
1. Unless the Redevelopment Plans are amended, the Agency does not have a
program for the acquisition of real property by eminent domain because the
Agency presently lacks authority to acquire real property in the Project Areas by
eminent domain.
2. If and when the City Council adopts an ordinance amending any of the
Redevelopment Plans 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 amended Redevelopment Plan.
Such program must require that any acquisition of real property by eminent
domain shall comply with all applicable law and regulations.
3. The Ordinance is adopted pursuant to Health & Safety Code Section 33342.7, as
mandated by the statute, and that it does not amend the Redevelopment Plans.
4. The Ordinance has been reviewed with respect too CEQA and the City does
determine that the Ordinance is not a "project" for purposes of CEQA and sets
forth the applicable CEQA Guidelines allowing for the conclusion that adoption of
the Ordinance is not subject to CEQA.
ORDINANCE NO. 1117
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
City Council, held on this day of , 2007, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
RICHARD S. KELLY, Mayor
ATTEST:
RACHELLE D. KLASSEN, City Clerk
City of Palm Desert, California
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