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on going. City Attorney Schricker advised that now that Mr. Holbrook has an attorney, the procedural questions he has will be answered. City Attorney Schricker described legal requirements of filing eminent domain procedures, timelines and consequences. City Attorney Schricker described why the appraisal process has been handled the way it has been so far, and the need to sit down with Mr. Holbrook and his attorney to go over the appraisal and appraisal process step by step. Unfortunately, this is not a happy process for the property owner and we will do our best to make it as easy as possible. In answer to Council questions, City Attorney Schricker advised appraisals are not matters of public record as they are tentative and negotiable, remediation costs are not known and the valuation date has not been established. City Attorney Schricker reminded the Council that the value ofthe land had not yet been fixed, and was not germane to the proceedings tonight. In response to Councilman Sanfilipo's questions, Mr. Holbrook questioned the wording in the Resolution and asked "who considered" the appraisal as fair market value, and City Attorney advised that the Council had approved the appraisal. Mr. Holbrook stated again that they are not selling their property, the City is taking it and the City should have to take it "as is". Mr. Holbrook asked why should they have to pay for clean-up when they are not a willing seller. City Attorney Schricker advised that under the fair market value requirement of the law that applies in eminent domain cases, and is one of the complications of the eminent domain law that the City would like to discuss with Mr. Holbrook and his attorney. Roy Hale, whose brother is the owner of 1001 Jefferson, also addressed the issue of the process. Mr. Hale stated there had been nothing but one offer made, and no relocation assistance, nor offers of costs of fixtures. Mr. Hale added that it is upsetting and bewildering because they don't know where they stand, and having to get an attorney does not sit well with them. Mr. Hale stated he believed the City has done nothing for them. In response to Council questions, City Attorney Schricker advised that after tonight's Hearing of Needs and Necessity, the hearings will be concluded and no one else would be able to legally come forward, including the V anhams. Mayor Gasparini stated that she needed more information about this process because from what had been presented so far, she believed the owners had not had enough time. In response to Mayor Gasparini's questions, City Attorney Schricker stated he did not mean to say that eminent domain is less costly nor quicker than negotiation. Mayor Gasparini stated this Jefferson grade separation project had been ongoing for quite a while and she needed more information to see just how much time the property owners have had to work on this issue, and how to meet Mr. Holbrook's and Mr. Hale's desires to maintain their successful business and stay in Redwood City. City Attorney Schricker explained the difficulty of working with the property owners before an appraisal was known, the problem with lack of testing, the consideration of Regular Meeting Minutes MINUTE BOOK NO. 53 March 13, 1995 Page No. 103 Page 12 -...