HomeMy WebLinkAboutAgenda Report - February 5, 2003 I-10MEETING DAME: February 5, 2003
PREPARED a Randall A.. lays, City Attorney
RECOMMENDATION: That the City Council adopt Resolution of Authority and
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 Cade of Civil Procedure (CCP) §1240 0, 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 aro as follows: a) does
the public interest and necessity require the project? b) is the project planned or located in them nner
that will be most compatible with the greatest passible goad and the lust private injury? and c) the
property sought to be acquired is necessary for the project, l"e arr�ount of elm ensationko b yid far
thyro isnc�t� er r s lot fear this be rm A property owner will often bring compo l ation tap
however.
In carder 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 (1 5) 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 owner, Menarda Vaientine was notified of this requirement in the letter seat to her on January 17,
2003, A written request to appear has not been received within the required time frame.
The second purpose is to adapt a resolution establishing the need of the City to exercise its. power of
eminent domain. By doing so, the Council establishes clear statutory authority upon which the use of the
power of eminent domain can be based. Government Code §37350.5, clearly sets forth that the
acquisition of property for street expansion purposes is authorized.
As can be seen from this memo the eminent domain process is governed by express statutory provisions.
GCP §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 adapt the required resolution.
FUNDING: Not applic bi .
Respectfully submitted,
*Radall A. Hays, City i y
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LOWER SACRAMENTO Rd.
When Recorded, Return to:
City of Lodi
City Clerk'a Office
P.O. Box 3006
Lodi, CA 05241-1910
RESOLUTION NO, 2003-19
BE IT RESOLVED by the City Council of the City of Lodi (hereinafter referred to as
"City") as follows:
�jectjon I The City finds and determines that public interest and necessity
require the widening of Lower Sacramento Road, through the acquisition for road rig hi-of� .
way purposes, an easement over the real property owned by Antonio R. Valentine and
Menarda N. Valentine, Trustees of the Valentine Family Trust, commonly referred to as
ARL #027-040-12,
.Section 2. Section 37350.5 of the California Government Code and California.
State Constitution, Article 11, §9 authorizes the City to acquire by eminent domain prop . erty
for road widening purposes (street, curb, gutter, and sidewalk improvements).
�jaction ,
5. An offer required by §7267.2 of the Government Code has been
made to the owner of record of the real property sought to be taken by these eminent
domain proceedings.
§.eotion 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 interests depicted in "Exhibit A" attached hereto, situate in the City of Lodi,
County of San joaquin, State of California, are necessary for the construction and
maintenance of the aforesaid public improvements, and the taking of said real property
interest is necessary therefor.
,5ection 6. The City has previously ratified the Negative Declaration prepared
for this project per the California Code of Regulations, Title 14, Chapter 3, Article 19,
§15301 sbowing that it has no substantial 'impact upon the environment and that an
environmental impact report is not necessary.
�Section 7, The City Attorney of the City of Lodi is hereby authorized,
empower e d, and directed to perform as follows:
an 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
b. To incur in the name of the City of Lodi, and on behalf thereof, all
obligations and expenses necessary to acquire the above -m entioned 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 5, 2003
I hereby certify that. Resolution No, 2003-19 was introduced and read by the City
Council of the City of Lodi in a regular meeting held February 5, 2003, and was duly
adopted at said meeting by a four-fifths vote as follow -
AYES. COUNCIL MEMBERS — Beckman, Hansen, Howard, Land, and
Mayor Hitchcock
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS ® None
ABSTAIN, COUNCIL MEMBERS — None
Ssan Hitchcock
City of Lodi
Attest,
City Clerk
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