AgdaPkt 2003-02-24 - Laserfiche WebLink

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/0 -/.� /- 3 3. That this property sought to be acquired is necessary for this project; and 4. Whether the offer to purchase the property required by Government Code Section 7267.2 has been given to the owner. State law makes clear that this hearing is not for the purpose of hearing testimony as to what the property is worth, or whether the City's appraisal is valid, or whether the City has made a fair offer to the property owner. 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. The amount of compensation to be paid for the acquisition of the property is not a matter or issue being heard by the Council at this time. Moreover, the adoption of the Resolution will not prevent the property owner from claiming greater compensation to be determined by a court of law in accordance with the laws of the State of California; nor will the adoption of the Resolution or the filing of the eminent domain complaint foreclose future negotiations on the amount of compensation to be paid for the property. Notification of the City Council Hearing. The owner of the property has been given notice of this hearing by notice via hand delivery and certified mail dated February 11, 2003 from the offices of Special Eminent Domain Counsel Herman H. Fitzgerald (copy attached and incorporated herein as part of the Administrative Record). The Eminent Domain Law requires notice to be transmitted to the owner "...whose ....appears on the last equalized county assessment roll... ". (CCP 245.235(a). Based upon the statutory and decisional law, and the facts herein, it is the opinion of Special Eminent Domain Counsel Herman H. Fitzgerald, that the proper offer has been made to owners pursuant Government Code Section 7267.2, and that the public use and necessity is satisfied for the acquisition herein. Thereafter, the City may legally initiate eminent domain proceedings to acquire the property by adopting the attached Eminent Domain Resolution. The acquisition would be initiated by adopting the attached Resolution of Necessity, i.e., the Condemnation Resolution. The Resolution of Necessity requires a two- thirds (2/3s) vote of the City Council, based upon Motion and second. Alternatives 1. Do not adopt the Resolution of Necessity. This action would prevent the project from moving forward in a timely manner in which case the project may not proceed. 2. Request additional information. Fiscal Impact If the Council approves the Resolution of Necessity, the City must allocate the funds necessary for the acquisition to be deposited with the Court upon filing of the Order for Immediate Possession. The total acq isition budget for land and improvements for all properties is estimated to be $7,919,4 million. to� � r1. L. Patricia J. Webb Michael Church Econ is De opment Coordinator Executiv lector AF U Bruce Liedstrand Ed vere Community Development Services Director City Manager -3-