HomeMy WebLinkAbout07-21 CC Ordinance
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ORDINANCE NO. 07-21
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AS REQUIRED BY SB53, CONFIRMING
THAT THE REDEVELOPMENT AGENCY OF THE CITY OF
TEMECULA DOES NOT HAVE THE AUTHORITY TO
ACQUIRE REAL PROPERTY BY EMINENT DOMAIN
THE CITY COUNCil OF THE CITY OF TEMECULA DOES HEREBY ORDAIN
AS FOllOWS:
Section 1. The City Council of the City of Temecula does hereby find,
determine and declare that:
A. The Redevelopment Agency of the City of Temecula (" Agency") is a
redevelopment agency in the City of Temecula (" City "), created pursuant to the
California Community Redevelopment law, California Health & Safety Code Section
33000 et seq.
B. California Health & Safety Code Section 33342.7 (added by Senate Bill
No. 53) became effective January 1, 2007, and requires a legislative body that adopted
a final redevelopment plan before January 1, 2007, to adopt an ordinance describing
the redevelopment agency's program to acquire real property by eminent domain.
C. On July 12, 1988, the Board of SuperviSOrs of the County of Riverside,
prior to incorporation of the City, by Ordinance No. 658, approved and adopted the
County of Riverside Redevelopment Plan 1-1988 ("Temecula Plan").
D. The City was incorporated on December 1, 1989, subsequent to the
enactment of the Temecula Plan by the County of Riverside.
E. All of the territory to which the Temecula plan applies ("Project Area") is
now within the corporate boundaries of the City.
F. Pursuant to City Ordinance No. 91-11, which became effective May 9,
1991, and City Ordinance No. 91-15, which became effective May 9, 1991, and City
Ordinance No. 91-15, which became effective on April 9, 1991, the City approved the
Temecula Plan. Ordinance Nos. 91-11 and 91-15 had the effect of adopting the
Temecula Plan and transferring jurisdiction over the Plan to the Agency as of July 1,
1991. City Ordinance Nos. 93-04 and 94-03 codified Ordinance No. 91-11 at Section
8.04.010 ofthe Temecula Municipal Code.
G. On December 20, 1994, the City Council adopted Ordinance No. 94-33,
establishing and amending certain time and financial limitations with respect to the
Temecula Plan pursuant to the requirements of Assembly Bill 1290 (Chapter 942 of
1993).
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H. On September 26,2006, the City Council adopted Ordinance No. 06-11,
extending the term of the Temecula Plan for one year pursuant to California Health and
Safety Code Sections 33333.6 and 33670.
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I. The Temecula Redevelopment Plan specifically provides in Section 321
that the Agency has no authority to acquire real property by eminent domain in the
Project Area.
J. Therefore, the Agency has no program to acquire real property by eminent
domain because the Agency has no authority to acquire real property by eminent
domain in the Project Area. .
Section 2. The City Council further finds, determines and declares that without
amending the Temecula Plan, the Agency does not have a program for the acquisition
of real property by eminent domain in the Project Area.
Section 3. The City Council further finds, determines and declares that this
Ordinance is adopted pursuant to California Health & Safety Code Section 33342.7
(SB53) and no amendment of the Temecula Plan is effected by this Ordinance.
Section 4. The City Council further finds, determines and declares that this
Ordinance has been reviewed with respect to applicability of the California
Environmental Quality Act ("CEQA"), and the State CEQA Guidelines (California Code
of Regulations, Title 14, sections 15000 et seq., hereafter the "Guidelines"), and the City
- of Temecula s environmental guidelines. The City has determined that this Ordinance
is not a "project" for purposes of CEQA, as that term is defined by Guidelines Section
15378. Specifically, this Ordinance is adopted in order to comply with the requirements
of California Health & Safety Code Section 33342.7, and is an organizational or
administrative activity that will not result in a direct or indirect physical change in the
environment. (Guidelines Section 15378(b)(5)). Therefore, because it is not a "project,"
this Ordinance is not subject to CEQA's requirements. Further, even if this Ordinance
were deemed a "project" and therefore subject to CEQA, the Ordinance would be
covered by the general rule that CEQA applies only to projects that have the potential to
cause a significant effect on the environment. (Guidelines Section 15061 (b)(3)). As an
organizational or administrative activity that does not effect any change in the Agency's
authority to exercise its powers of eminent domain and involves no exercise of such
powers, the Ordinance does not have the potential to cause a significant effect on the
environment and is therefore exempt under this general rule. Further, it can be seen
with certainty that there is no possibility that the activity in questions may have a
significant effect on the environment, and thus this Ordinance is not subject to CEQA.
(Guidelines Section 15061(b)(3)).
Section 5. Staff is hereby directed to file a Notice of Exemption with the
County Clerk within five days of the adoption of this Ordinance pursuant to Section
15062 of the Guidelines.
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Section 6. The City Clerk is hereby directed to send a certified copy of the
Ordinance to the Agency.
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Section 7. If any part of this Ordinance is held to be invalid or unconstitutional
by the decision of any court of competent jurisdiction, for any reason, such decision
shall not affect the validity of the remaining portions of this Ordinance and this City
Council hereby declares that it would have passed the remainder of this Ordinance it
such invalid or unconstitutional portion thereof had been deleted.
Section 8. The City Clerk shall certify to the passage of this Ordinance and is
hereby directed to publish or post this Ordinance in accordance with law.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 8th day of January, 2008.
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Michael S. Naggar, Mayor
ATTEST:
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[SEAL]
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Ordinance No. 07-21 was duly introduced and placed upon its first reading
at a meeting of the City Council of the City of Temecula on the 11th day of December,
2007, and that thereafter, said Ordinance was duly adopted by the City Council of the City
of Temecula at a meeting thereof held on the 8t~ day of January, 2008, by the following
vote:
AYES: 3
NOES: 0
COUNCIL MEMBERS:
Comerchero, Edwards, Naggar
COUNCIL MEMBERS:
COUNCIL MEMBERS:
None
ABSENT: 2
ABSTAIN: 0
Roberts, Washington
COUNCIL MEMBERS:
None
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) ~ susfn W. Jones, MMC
~ City Clerk
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