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Ordinance No. 07-2012 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 PROJECT WHEREAS, the City Council of the City of Cupertino, California ("City Council") adopted Ordinance No. 1850 on August 21, 2000, approving and adopting the Redevelopment Plan for the Cupertino Vallco Redevelopment Project (the "Redevelopment Plan"); and WHEREAS, the Redevelopment Agency of the City of Cupertino ("Agency") 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 Plan; and WHEREAS, Section III. 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 ("SB 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 adopt an ordinance on or before July 1, 2007, containing a description of the agency's program to acquire real property by eminent domain. NOW, THEREFORE, 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. Ordinance No. 07-2012 2 . Section 3. If any part of this 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 thereofhad 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 entered in the Book of Ordinances of the Council of this City. INTRODUCED at a regular 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: Wang, Sandoval, Lowenthal, Mahoney None None None ATTEST: APPROVED: ~ City Clerk . Ordinance No. 07-2012 3 Exhibit A 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. 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 and 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 acquisition. 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.