SR-414-001 (4)
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Santa Monica, Cal ifornia, July 19, 1978
TO:
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Mayor and City Council
FRO.'1:
City Staff
-jUt 2 5 1978
SUBJECT: Amendnent to Council Resolution No. 4948 -
Downtown Redevelopment Project Condemnation Resolution
Background
On November 22, 1977 the Council adopted Resolution No. 4948 a~thorizing eminent
domain actions within the Downtown Redevelopment Project. Subsequent to the
adoption, the Crty's condemnatron attorney has advised staff that the original
resolution contained a clerical error which cited an inappropriate section of
the code. Consequently, they have prepared a corrective resolution as attached.
Reco~mendation
It is recommended that the Council approve the attached /"esolution alfending
Resolution No. 4948 which was adopted November 22, 1977.
P repa red by. John Heme r
JH:nm
Attachment
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RESOLUTION NO.
A RESOLUTION OF THE CITY COU~CIL OF THE CITY
OF SANTA MONICA A}lENDING RESOLUTION NO. 4948,
ADOPTED AND APPROVED NOVEMBER 22, 1977, TO
CORRECT A CLERICAL ERROR THEREIN.
1iHEREAS, Resolution No. 4948, adopted and approved
November 22, 1977, finding and determining the public interest
and necessity for acquiring and authorizing the condemnation
of certain real property within the City of Santa Monica through
clerical error inadvertently omitted reference to the statute
authorizing the condemnation of property for the elimination of
blight and redevelopment purposes and in Section 5 of said
Resolution inadvertently referred to the Health and Safety Code
rather than the Code of Civil Procedure; and
WHEREAS. it is in the best interest of the City of Santa
Monica to correct said Resolution No, 4948 nunc pro tunc to
reflect the statutes authorizing the condemnation;
NOW, THEREFORE. BE IT RESOLVED by the City Council of the
City of Santa Monica by a vote of not less than hvo-Lhirds
of its members that it amend, and it does hereby amend,
Resolution No. 4948 nunc pro tunc by amending Section 1 and
Section 5 of said Resolution, nunc pro tunc, to read in their
entirety as follows:
"Section 1. That the public interest and necessity
require the acquisition of the hereinafter described
real property, or interest in real property, for a
public use and improvement, to wit:
The elimination of blight and redevelopNent
purposes pursuant to the COR~unity Redevelopment Law
of the State of California (Part 1 of Division 24,
Health and Safety Code), including, but without limi-
tation, Health and Safety Code Section 33391(b)."
"Section 5. The 1m" firm of OLIVER, STOEVER &
LASKIN as special attorneys for the City and the CITY
ATTORNEY as General Counsel, are hereby authorized to
prepare and prosecute in the name of the City, such
proceeding or proceedings in the proper court having
jurisdiction thereof, as are necessary for such
acquisition; and to prepare and file such pleadings,
documents, briefs and other instruments, and to wake
such arguments and to take such actions as may be
necessary in the opinion of said attorneys to acquire
for said City the said real property. Said attorneys
are specifically authorized to take whatever steps
and/or procedures are available to them under the
Eminent Domain Law of the State of California (Code of
Civil Procedure. Title 7, Chapters 1-12, Sections ~
1230.010-1273.050).
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BE IT FURTHER RESOLVED that Resolution No. 4948 remain in
full force and effect, except as amended by this resolut~on.
The City Clerk shall certify to the adoption of this
resolution, and thenceforth and thereafter the same shall be
in full force and effect.
ADOPTED AND APPROVED this
day of July, 1978.
MAYOR
ATTEST:
CITY CLERK
I hereby certify that the foregoing resolution was duly
adopted by the City Council of the City of Santa Monica at a
regular meet1ng thereof, held on the day of July, 1978,
by the following vote of the Council:
AYES.
NOES
Absent.
CITY CLERK
APPROVED AS TO FOR}1.
CITY ATTORNEY
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