22. Eminent domain ordinance 07-2012
DRAFT
.~
ORDINANCE NO. 07-2012
AN ORDINANCE OF THE CITY OF CUPERTINO CONTAINING A DESCRIPTION
OF THE CUPERTINO REDEVELOPMENT AGENCY'S PROGRAM TO ACQUIRE
REAL PROPERTY BY EMINENT DOMAIN IN THE CUPERTINO V ALLCO
REDEVELOPMENT PR01ECT
WHEREAS, the City Council of the City of Cupe,rtino, California ("City
Council") adopted Ordinance No. 1850 on August 21,2000, approving and adopting the
Redevelopment Plan for the Cupertino Vall co Redevelopment Project (the
"Redevelopment Plan"); and
WHEREAS, the Redevelopment Agency of the City ofCupertirio ("Age11cy") has
been designated as the official redevelopment agency in the City of Cupertino to carry
out the functions and requirements of the Community Redevelopment Law of the State of
California (Health and Safety Code Section 33000 et seq.) and to implement the
Redevelopment J>>lan; and
WHEREAS, Section ill. B. 1. of the Redevelopment Plan contains Agency
authority to acquire property by eminent domain; and .
\-
WHEREAS, Section 33342.7 of the Health and Safety Code, which was added by
Senate Bill 53 ("Sa 53"), which took effect on January 1, 2007, requires a legislative
body that adopted a redevelopment plan containing eminent domain authority before
January 1, 2007, to adQpt an ordinance on or before July 1,2007, containing a description
of the agency's program to acquire real property by eminent domain.
. NOW, TIIEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Pursuant to Section 33342.7 of the Health and Safety Code, a description of
the Agency's program to acquire real property by eminent domain is set forth in Exhibit
A, attached. hereto and incorporated herein by this reference. The Agency's program to
acquire real property by eminent domain may be amended only by amending the
Redevelopment Plan pursuant to Article 12 of the Community Redevelopment Law
(commencing with Health and Safety Code Section 33450).
Section 2. The City Clerk is hereby directed to send a certified Copy of this Ordinance to
the Agency.
L
22 -1
Ordinance No. 07~2012
2
Section 3. If any part ofthis Ordinance .is held to be invalid for any reason, such decision
shall not affect the validity of the remaining portion of this Ordinance, and this City
Council hereby declares that it woUld have passed the remainder of this Ordinance if such
invalid portion thereof had been deleted. .
--../ .
Section 4. The City Clerk shall cause this ordinance to be published at least once in a
newspaper of general circulation, published and circulated in the City within 15 days
after its adoption, in accordance with Government Code Section 36933, and shall certify
to the adoption of this ordinance and shall cause this ordinance and her certification,
together with proof of publication, to be entefed in the Book of Ordinances of the Council
of this City.
INTRODUCED at a regulat meeting of the City Council of the City of Cupertino
the 18th of September, 2007 and ENACTED at a regular meeting of the City Council of
the City of Cupertino the 2nd day of October 2007, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN: "
-..-/
A TrEST:
APPROVED:
Mayor, City of Cupertino
City Clerk
/
--../
22-2
Ordinance No. 07-2012
3
Exhibit A
L
Redevelopment Plan
For The
Cupertino Vallco Redevelopment Project Area
III. Proposed Redevelopment Actions
D. Property Acquisition
1. Real.Property
Except as specifically exempted herein, the Agency may acquire, but is
not required to acquire, any real property located in the Project Area by any means
authorized by law.
It is in the public interest and is necessary in order to eliminate the
conditions requiring redevelopment and in order to execute this Plan for the power of
eminent domain to be employed by the Agency to acquire real property in the Project
Area which cannot be acquired by gift, devise, exchange, purchase, or any other
lawful method. Eminent domain proceedings, if used, must be commenced within
twelve (12) years from the date of adoption of this Plan.
L,
The Agency shall not acquire real property to be retained by an owner
pursuant to a participation agreement if the owner fully performs under the
agreement. The. Agency is authorized to acquire structures without acquiring the land
upon which those structures are located. The Agency is authorized to acquire either
the entire fee or any other interest in real property less than a fee.
The Agency shall not acquire real property on which an existing building
is to be continued on its present site mid in its present form and use without the
consent of the owner unless: (a) such building requires structural alteration,
improvement, modernization, or rehabilitation; (b) the site, or lot on which the
building is situated requires modification in size, shape, or use; or (c) it is necessary
to impose upon such property any of the controls, limitations, restrictions, and
requirements of the Plan and the owner fails or refuses to execute a participation
agreement in accordance with the provisions of this Plan.
The Agency is not authorized to acquire real property owned by public
bodies which do not consent to such acquisiti9n. The Agency is authorized, however,
to acquire public property transferred to private ownership before redevelopment of
, the Project Area is completed, unless the Agency and the private owner enter into a
participation agreement and the owner completes his responsibilities under the
participation agreement.
L
22-3