CC Ordinance 2085
ORDINANCE NO. 2085
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL,
PURSUANT TO RECENTLY ENACTED HEALTH AND SAFETY CODE SECTION
33342.7, ADOPTING A DESCRIPTION OF THE PROGRAM FOR THE ACQUISITION
OF REAL PROPERTY BY EMINENT DOMAIN FOR THE REDEVELOPMENT PLAN
FOR THE CENTRAL CAMPBELL REDEVELOPMENT PROJECT AREA, AND
APPROVING RELATED ACTIONS
WHEREAS, the City Council of the City of Campbell adopted the Redevelopment Plan
for the Central Campbell Redevelopment Project Area by Ordinance No. 1461, dated June 21,
1983, as amended by Ordinance No. 1830, adopted on January 15,1991, as amended by
Ordinance No. 1860, dated on June 16, 1992, as amended by Ordinance No. 1912, adopted on
December 6, 1994, as amended by Ordinance No. 2028, adopted on Februa~y 18, 2003, and as
further amended by Ordinance No. 2041, adopted on March 2,2004 (the "Redevelopment Plan"),
establishing the Central Campbell Redevelopment Project Area (the "Project Area"); and
WHEREAS, the Project Area is situated in the City of Campbell, State of California, and
is more particularly described on Exhibit A attached to the Redevelopment Plan for the Central
Campbell Redevelopment Project Area, recorded as Document No. 12749681 in Book N699 at
pages 2168 to 2182 on December 14, 1994, with the County Recorder of the County of Santa
Clara; and
WHEREAS, the Redevelopment Plan authorizes the use of eminent domain under
specified circumstances to acquire real property by the City of Campbell Redevelopment Agency
(the "Agency"); and
WHEREAS, SB 53 added Health and Safety Code Section 33342.7 to the Community
Redevelopment Law, which requires the City Council to adopt by ordinance a description of the
Agency's program to acquire real property by eminent domain; and
WHEREAS, the Agency has prepared the required description of its real property
acquisition program (the "Acquisition Program"), which is attached to and incorporated in this
Ordinance as Exhibit A; and
WHEREAS, staff has prepared and submitted and the City Council has reviewed and
considered the staff report on this Ordinance; and
WHEREAS, staff has prepared and placed on file with the Clerk of the City Council a
CEQA Notice of Exemption for this Ordinance; and
WHEREAS, SB 1809 added Health and Safety Code Section 33373(c) to the Community
Redevelopment Law, which requires the Agency to record a revised Statement of Institution of
Redevelopment Proceedings, which includes a description of the Agency's program to acquire
real property by eminent domain (the "Revised Statement"); and
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WHEREAS, Agency staff has prepared the Revised Statement and placed it on file with
the Clerk of the City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAMPBELL DOES
ORDAIN AS FOLLOWS:
Section 1.
true and correct.
The City Council hereby finds and determines that the above recitals are
Section 2. The City Council hereby finds and determines that the adoption of this
Ordinance is required by law is thus necessary and desirable.
Section 3. In compliance with Health and Safety Code Section 33342.7, the City
Council hereby approves and adopts the description of the Agency's Acquisition Program for the
Project Area, as set forth in the attached Exhibit A.
Section 4. The City Council hereby approves the CEQA Notice of Exemption for this
Ordinance and directs the City Manager/Agency Executive to file the Notice of Exemption with
the County Clerk of the County of Santa Clara.
Section 5. The City Council hereby approves the Revised Statement. The City
Manager/Agency Executive Director is hereby authorized and directed to record the Revised
Statement in the official records of the County Recorder of the County of Santa Clara in
compliance with Health and Safety Code Section 33373(c).
Section 6. The Clerk of the City Council is hereby directed to file a copy of this
Ordinance, the CEQA Notice of Exemption, and the Revised Statement with the minutes of this
meeting, and with the Agency.
Section 7. If any provision, section, subsection, subdivision, sentence, clause or
phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision
shall not affect the validity of the remaining portion or portions of the Ordinance.
Section 8. This Ordinance shall take effect and be in full force from and after thirty
(30) days from the date of its final passage.
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The foregoing Ordinance was introduced before the City Council of the City of Campbell
at a regular meeting held on June 5, 2007 adopted at a regular meeting of the City Council of the
City of Campbell held on June 19,2007. Said Ordinance was passed and adopted and ordered
and ordered published within fifteen (15) days of the date of adoption in the Campbell Express, a
newspaper of general circulation published in the County of Santa Clara and circulated in the
City of Campbell by the following vote:
AYES:
Councilmembers: Hernandez, Low, Burr, Fu~tado
NOES:
Councilmembers: None
ABSENT:
Councilmembers: Kennedy
APPROVED:
Daniel E. Furta
ATTEST:
~~
Anne Bybee, City Clerk
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EXHIBIT A
PROPERTY ACQUISITION BY EMINENT DOMAIN POLICY
Except as specifically exempted herein, the Agency may, but is not required to, acquire
or obtain options to acquire real property located in the Project Area, by gift, devise, exchange,
purchase, eminent domain or any other lawful method whatsoever. The Agency may also
acquire any other interest in real property less than a fee interest.
Since it is in the public interest and is necessary for the elimination of those conditions
requiring redevelopment, the power of eminent domain may be employed by the Agency in some
instances to acquire real property in the Project Area. However, said power of eminent domain
will not be exercised when:
a) The property in question is improved with a structure and the Agency has
determined by resolution that the rehabilitation of the structure and its proposed use is consistent
with the objectives of the Redevelopment Plan and that such rehabilitation is in the best interest
of the project and the owner has thereafter entered into an owner participation agreement with
the Agency and is faithfully performing under the terms of the agreement.
b) The property in question is improved by the structure and the Agency has
determined by resolution that said structure and its use is consistent with the objectives of the
Redevelopment Plan, that such property conforms to the Redevelopment Plan and that no owner
participation agreement is necessary so long as the structure is adequately maintained and
properly landscaped.
c) The Property in question is owned by a public body, unless prior consent is
obtained from that public body. Prior to any acquisition through eminent domain, the Agency
shall adopt a resolution declaring a need to acquire any specific property and authorizing the
acquisition by such a method.
The Agency must commence eminent domain proceedings by not later than July 16,
2016. The time limit for commencing of eminent domain proceedings may be extended only by
amendment of the Redevelopment Plan.
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