HomeMy WebLinkAboutAgenda Report - February 20, 2002 I-07CITY OF LODI COUNCIL COMMUNICATION
AGENDA TITLE: Property owner hearing, consider adoption of Resolution of Public
Interest and Necessity, authorizing exercise of eminent domain
power to acquire property located at 307 West Elm Street
(APN 037-270-17) for new Public Safety Building (CA/CD)
MEETING DATE: February 20, 2002
PREPARED BY: Randall A. Hays, City Attorn ',
JAI -
RECOMMENDATION: That the City Council adopt Resolution of Public Interest
and Necessity, thereby formally authorizing the acquisition
of property through the eminent domain process.
BACKGROUND: The purpose of this agenda item is twofold.
First, it is designed to provide the property owner the opportunity to
appear and be heard on those topics contained in the Code of Civil Procedure (CCP) §1240.030. This
requirement to afford the property owner this opportunity to be heard is found in CCP §1245.235.
The topics found in CCP §1240.030 that may be addressed by the property owner are as follows: a) does
the public interest and necessity require the project? b) is the project planned or located in the manner
that will be most compatible with the greatest possible good and the least private injury? and c) the
property sought to be acquired is necessary for the project. The amount of compensation to be paid for
the property is not a proper subject for this hearing. A property owner will often bring compensation up
however.
In order to appear and be heard as outlined in the previous paragraph, a property owner is required to file
a written request to appear within fifteen (15) days after the Notice of Hearing was mailed. Failure to file
such a request, results in a waiver of the right to appear and be heard (CCP §1245.235 (b)(3)). The
property owners, James and Carol Dean were notified of this requirement in a letter sent to them. A copy
of that letter is attached. No written request to appear has been received at the time of drafting this
memo.
The second purpose is to adopt a resolution establishing the need of the City to exercise the powers of
eminent domain to acquire the property in question. The property that is being sought is to be used for the
construction and use of a Public Safety Building.
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As can be seen from this memo the eminent domain process is governed by express statutory provisions.
CCP §1245.240 specifically requires that a resolution of public interest and necessity be adopted by a two-
thirds vote of all the members of the City Council. Since two-thirds of five is a number greater than three,
it takes four affirmative votes to adopt the required resolution.
In addition to the attached letters, you will find a memo from Rad Bartlam, Community Development
Director, discussing the project and the need for the project. Staff will make a short presentation relative
to the project.
FUNDING: Not applicable.
Respectfully submitted,
Ra dall A. Hays, City Attney
CITY COUNCIL
PHILLIP A. PENNING, Mayor
SUSAN HITCHCOCK,
Mayor Pro Tempore
EMILY HOWARD
KEITH LAND
ALAN S. NAKANISHI
January 31, 2002
CE
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209)333-6702
FAX (209) 333-6807
Mr. James and Mrs. Carol Dean
16 North Crescent Avenue
Lodi, California 95240
H. DIXON FLYNN
City Manager
SUSAN J. BLACKSTON
City Clerk
RANDALL A. HAYS
City Attorney
NbftT--&-Hearing on Resolution of Necessity to Acquire Residence and Duplex at
307 West Elm Street, Lodi, California; San Joaquin County APN #037-270-17
Date: February 20, 2002
Time: 7:00 P.M.
Place: City Council Chambers, Carnegie Forum
305 W. Pine St., Lodi, California
Dear Mr. & Mrs. Dean:
This letter shall serve as your official notice pursuant to Code of Civil Procedure Section
1245.235 that the City of Lodi will hold a hearing to consider the adoption of a Resolution
of Necessity, at the date, time and location listed above. At the hearing, the City Council
will hear and consider evidence and argument, and make findings on the elements which
a City Council must find as a prerequisite to filing an action to acquire the above
described property through eminent domain. Those elements are: 1) that the public
interest and necessity require the project; 2) that the project is planned or located in a
manner that will be most compatible with the greatest public good and the least private
injury; and 3) the property sought to be acquired is necessary for the project. (Code of
Civil Procedure Section 1240.030) You and your representatives have the right to appear
and be heard on each element set forth above.
If you wish to appear and be heard at the hearing on the Resolution of Necessity, you
must file a written request to do so within 15 days after this notice was mailed. If you fail
to file a written request to appear and be heard within the above time frame your right to
appear and be heard will be waived.
As you know, the City offered to pay you the full appraised value of the property
($277,500) by letter dated October 2, 2001 and subsequently provided copies of its
appraiser's comparable sales analysis to your counsel, Janice Magdich. A copy of that
analysis is again enclosed and shall serve as the City's written summary of the basis for
the amount it has established as just compensation for the condemnation of the property.
Of course, the City remains committed to working with you toward a negotiated
settlement. Unfortunately, we have never received a response to our offers or our most
recent meeting with your counsel. As such, the City must move forward with the
Resolution of Necessity to ensure we can meet our construction timetable.
If you have any questions please call me.
Sin erely,
Konradt Bartlam
Community Development Director
cc: Janice D. Magdich, Esq.
City Manager
City Attorney
Police Chief
MEMORANDUM, City of Lodi, Community Development
Department
s'
To: City Attorney
From: Community Development Dire
Date: February 13, 2002
Subject: Dean Property Located at 307 W. Elm Street
As you have requested, this memorandum addresses the background relative to site
alternatives and purchase offers for the Police Department building project.
Prior to designing a new facility for the Police Department, staff from several different
departments met to consider alternatives for addressing the space needs. Options
reviewed included the expansion of the existing building, relocation of the department to
locations outside of the downtown area and the proposed site, which includes the Dean
property. One of the central decision points in reaching the proposed site was the
adjacency of the County Court building at 315 West Elm Street and the need to overhaul
the current jail facility to meet Department of Justice standards.
Currently, prisoners are transported by the Sheriff's Department bus, from our jail to the
Elm Street court. This transport is inefficient, time consuming and potentially dangerous.
With the construction of a new facility, a new jail could be designed that would have
direct access to the court facility, however in order to accomplish this important link, the
Dean property is required.
Once that decision had been reached, we had Robert Ford & Associates complete an
appraisal of the property for purposes of making an offer to purchase the Dean property.
On February 28, 2001 our initial offer was made to the Deans. After several telephone
conversations with Ms. Dean, a second letter was sent on April 3, 2001. After more
conversation with Ms. Dean that did not result in any formal response to our offers, we
authorized the appraiser to update their original appraisal for purposes of offering a final
offer. On October 2, 2001 the City made an updated offer based on the new appraisal. In
December 2001, we were contacted by Ms. Janice Magdich of the law firm Herum
Crabtree Brown who has been retained by the Deans. Since that time we have provided
Ms. Magdich with background material that we hoped would lead to a conclusion of the
acquisition process. However, as of this date, no response has transpired.
When Recorded, Return to:
City of Lodi
City Clerk's Office
P.O. Box 3006
Lodi, CA 95241-1910
RESOLUTION NO. 2002 -
DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI
FINDING THAT PUBLIC INTEREST AND NECESSITY REQUIRE
THE ACQUISITION FOR PUBLIC SAFETY BUILDING PURPOSES
PROPERTY OWNED BY JAMES E. DEAN AND CAROL A. DEAN AS
TRUSTEES OF THE JAMES E. DEAN FAMILY TRUST, COMMONLY
REFERRED TO AS ASSESSOR'S PARCEL NUMBER 037-270-17
(307 WEST ELM STREET)
BE IT RESOLVED by the City Council of the City of Lodi (hereinafter referred to as
"City") as follows:
Section 1. The City finds and determines that public interest and necessity require
the development of a Public Safety Building by the City of Lodi, through the acquisition for such
purpose the fee title interest in real property owed by James E. Dean and Carol A. Dean as
Trustees of the James E. Dean Family Trust, commonly referred to as A.P.N. 037-270-17.
Section 2. Pursuant to Article I, Section 19 of the California Constitution and Section
37350.5 of the California Government Code, a City may acquire property for public use through
the eminent domain process. The public use to which the property herein referenced is to be
put, is for the construction and use of a Public Safety Building.
Section 3. An offer required by §7267.2 of the Government Code has been made to
the owners of record of the real property sought to be taken by these eminent domain
proceedings.
Section 4. The City finds and determines that the subject project has been planned
and is to be located in the manner that will be most compatible with the greatest public good
and the least private injury.
Section 5. The City finds and determines that the acquisition of the real property
interest depicted in Exhibits "A" and "B" attached hereto, situate in the City of Lodi, County of
San Joaquin, State of California, is necessary for the construction and maintenance of the
aforesaid public improvement, and the taking of said real property interest is necessary therefor.
Section 6. The City has prepared a negative declaration for this project.
Section 7. The City Attorney of the City of Lodi is hereby authorized, empowered,
and directed to perform as follows:
a. Commence an action or actions in eminent domain in the Superior Court of the
State of California, County of San Joaquin, in the name of the City of Lodi to
acquire necessary real property interests; and
To incur in the name of the City of Lodi, and on behalf thereof, all obligations and
expenses necessary to acquire the above-mentioned real property interests.
Section 8. The City Clerk of the City of Lodi is hereby directed to cause a certified
copy of this Resolution to be recorded in the office of the San Joaquin County Clerk/Recorder.
Dated: February 20, 2002
I hereby certify that Resolution No. 2002- was introduced and read by the City
Council of the City of Lodi in a regular meeting held February 20, 2002, and was duly adopted at
said meeting by a four-fifths vote as follow:
AYES: COUNCIL MEMBERS —
NOES: COUNCIL MEMBERS —
ABSENT: COUNCIL MEMBERS —
ABSTAIN: COUNCIL MEMBERS —
Attest:
SUSAN J. BLACKSTON
City Clerk
APPROVED AS TO FORM:
RANDALL A. HAYS
City Attorney
2002-
PHILLIP A. PENNINO, Mayor
City of Lodi
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ACQUISITION FOR PUBLIC SAFETY BUILDING
That real property situate in the City of Lodi, County of San Joaquin, State of
California, more particularly described as follows:
Lot 2, In Block 1, as shown upon map entitled, West Lodi, filed for
Record September 10, 1909, in Vol. 3 of Maps and Plats, page
35, San Joaquin County Records.
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