AgdaPkt 2003-02-24 - Laserfiche WebLink

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&')19 - /D February 6, 2003 Page 2 As set forth above, the Council is not required to hear the general public regarding the Resolution of Necessity. The law gives the right to be heard only to those whose property interests are to be acquired. (It should be noted that if no property owner files a written request pursuant to the Code of Civil Procedure Section 1245.235(b) and (c), no such hearing need be held and the Council can proceed to consider and vote on the Resolution.) The only issues that the owners may speak to are as follows: (a) Whether the public interest and necessity require the project; (b) Whether the project is planned and located in the manner that would be most compatible to the greatest public good and the least private injury; (c) Whether the property sought to be acquired is necessary for the project; and (d) Whether the offer required by Government Code Section 7267.2 has been given. The above are the only four matters that may be discussed. There can be no discussion as to the value of the property nor the basis of the valuation. If the Resolution is adopted, eminent domain proceedings will be filed in the Superior Court thereafter. However, efforts will be made by the staff to acquire the property by negotiations with any available owners or their representatives. In that manner, the staff would hope to minimi if not eliminate, the expense and effort involved in litigation to both the City and the property owners. The owners have been advised in writing that any action taken will not foreclose continual negotiations on the amount of compensation. The staff recommends, with my concurrence, that upon conclusion of the Resolution hearing, you make the findings set forth in the Resolution and adopt the Resolution of Necessity. A vote of 213 members of the City Council is necessary to adopt the Resolution. I will be pleased to answer any questions you may have. Respectfully yours, HHF:seh Itr instruction/RWC.Broad/City