Laserfiche WebLink
<br />t..oA-'L <br /> <br />Report together with other environmental documents in compliance with the environmental <br />review process under the California Environmental Quality Act ("CEQA") found in Public <br />Resources Code Section 21000, et. Seq. and the State CEQA Guidelines adopted by the <br />Secretary of Resources. <br /> <br />Agency staff has attempted to reach agreement with the owner on the terms and <br />conditions for voluntary sale of the parcel(s); however, agreement for the sale has not been <br />reached at this time. <br /> <br />It is now appropriate to institute eminent domain proceedings since the Agency must <br />proceed forward with the Project. Under State law procedure, a hearing is held by the <br />Agency Board prior to initiating eminent domain proceedings. <br /> <br />The hearing is for the limited purpose of whether to adopt the Resolution of Necessity <br />which entails a consideration of the following four items: <br /> <br />c. <br />d. <br /> <br />Whether the public interest and necessity require this project. <br />That the Project is planned or located in a manner that will be most <br />compatible with the most public good and the least private injury, <br />That this property sought to be acquired is necessary for this project; and <br />Whether the offer to purchase the property required by Government Code <br />Section 7267.2 has been given to the owner. <br /> <br />a. <br />b. <br /> <br />It is our opinion that the Agency proposed acquisition complies with the above four (4) <br />items. The State law makes clear that this hearing is not for the purpose of hearing <br />testimony as to what the parcel is worth, or whether the appraisal is valid, or whether the <br />Agency has made a fair offer to the property owner. <br /> <br />Notification <br />The property owner has been given notice of this hearing by letter notice via certified mail <br />dated May 23,2000 by Special Eminent Domain Counsel Christine C. Fitzgerald. <br /> <br />Alternatives <br />1. Do not adopt the Resolution of Necessity <br />2. Request additional information. <br /> <br />I <br /> <br /> <br />~-~ <br /> <br />Michael Church <br />Executive Director <br /> <br />,,/ <br />/.1 ì <br />J;Y-- <br />,/t.'- /, ' / <br />d. '.J <br />Ed Evereft <br />City Manager <br /> <br />Attachment <br />1. Resolution <br /> <br />2 <br />