SR-850-005-01 (8)
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12-12-89 Santa Monica,
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CA:RMM:LAM:mox29/hpw
City Council Meetinq
STAFF REPORT
FROM:
The Mayor and City council
City Attorney
Adoption of Resolution of Necessity to Acquire
Property Interests by Eminent Domain for the Main
Library Improvement project
TO:
SUBJECT:
INTRODUCTION
This staff report requests that the city Council adopt the
attached Resolution of Necessity to acquire property interests by
eminent domain for the Main Library Improvement project.
BACKGROUND
On July 26, 1988, the City Council adopted a resolution which
determined it was in the public interest for the City to acquire
certain properties adj acent to the Santa Monica Publ ic Library
Main Branch.
The voters approved Proposition JJ on the
November 4, 1988 ballot permitting the City to incur limited
general obligation bonded indebtedness for acquisition and
improvement of these same parcels of real property:
The affected privately owned properties consist of the following:
623 Santa Monica Boulevard
Assessor Parcel No. 4291-9-9
Commercial-Restaurant Building
629-631 Santa Monica Boulevard
Assessor Parcel No. 4291-9-8
Commercial-Retail Building
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DEe 1 2 1989
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1348 Seventh street
Assessor Parcel No. 4291-9-7
3-unit Residential Building
The restaurant and commercial retail buildings are currently
occupied by the following tenants:
King George V (restaurant)
623 Santa Monica Boulevard
Century Graphics (commercial printing business)
629 Santa Monica Boulevard
Nana Trading Company (clothing store)
631 Santa Monica Boulevard
The residential building, located at 1348 Seventh street consists
of three rent-controlled units.
DISCUSSION
Subsequent to voter approval of the funding mechanism for this
project, the City initiated the procedural steps necessary for a
public agency to acquire property in accordance with prevailing
law. Included were independent appraisals establishing fair
market value of the real and personal property of tenants and
property owners of the subj ect properties.
In May of 1989,
Offers to Purchase Property were presented to the owners of these
parcels of real property, and negotiations with such owners
commenced.
The City and its representatives have made ongoing efforts to
continue negotiations with the affected property owners over the
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last six months. In that settlements have not been reached with
the property owners, despite a reasonable period of negotiations,
it is respectfully recommended that the City Council initiate the
prel iminary steps toward condemnation action to acquire these
real property interests, by adoption of the attached Resolution
of Necessity.
Concurrently with the negotiations for acquisition of the subject
real property interests, the City, through its consultant,
Pacific Relocation Consultants, has continued communication and
discussion with each of the commercial tenants to assist them in
relocating their businesses and advise them of available
relocation benefits. The City and its relocation consultant will
continue efforts to assist and provide guidance to the commercial
tenants in moving to new locations.
The City has no immediate plans to displace any of the
residential tenants at 1348 Seventh Street. Each residential
tenant will receive substantially more notice than the ninety
(90) days required by law, as to the city1s plans for use of this
property, and any resulting impacts on them as tenants. At such
time as the City determines that relocation of any of the
residential tenants is required, such tenants will receive all
applicable relocation counselinq, guidance and benefits required
by law.
To adopt a resolution of necessity, the City council must find by
a two-thirds vote that: (a) public interest and necessity require
the proposed project: (b) the project is planned and located in
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the manner that will be most compatible with the qreatest pUblic
good and least private injury; and (c) the property sought to be
acquired is necessary for the project.
The proposed acquisition of the property for library parking and
expansion purposes clearly constitutes an acquisition for public
use, as the Library is a publicly operated facility serving the
Santa Monica community and the general public at large.
City staff has determined that additional parking and expansion
of the Library is required in order to meet projected future use
of the facility.
It is necessary to acquire the subject property for such
purposes. Furthermore, there is no other adjacent property which
could be utilized for the necessary parking and future expansion
needs of the Library.
In accordance with required law, the city sent notices to the
owners of the SUbject properties more than 15 days prior to this
public hearing on the adoption of the Resolution of Necessity.
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RECOMMENDATION
It is recommended that city council:
1) Adopt the attached Resolution of Necessity to
acquire real property interests by eminent
domain for the Main Library Improvement
Project.
PREPARED BY: Robert M. Myers, City Attorney
Linda A. Moxon, Oeputy City Attorney
Attachment: Resolution
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BEFORE DISTRIB~JTIO!'; K CONTENT OF ALL FOR CIT
DISTRIBUTION OF RESOLUTION # 7c;53J ORDINANCE :t!
Counc1l Heetlng Date /?~-:::JJ//'/- Introduced:
Agenda Item ti= 1- /S Adopted:
ALWAYS PUBLISH ADOPTED ORDINANCES
~ Cross out Attorney1s approval
ERK'S ACTION
Was It amended?
VOTE: Aff1rmatlve: 7-0
Negatlve:
Abstaln:
Absent:
PROOF VOTES WITH ANOTHER PERSON BEFORE ANYTHING
DISTRIBUTION: ORIGINAL to he slgned, sealed and flied 1n Vault.
NEWSPAPER PUBLICATION (Date:
Department orlglnatlng staff report( Laur1e Lleberrnan}
Ord1nances only for Attorney ( Claudla Thompson) 2
Management Servlces Lynne Barrette ORDI~ANCES ONLY 1
Agency mentloned 1n document or staff report
(certlf1ed?}
Subject f1le (agenda packet)
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Counter ::lle
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Others: (Rev1ew
Alrport
Audl.torluffi
for departments who need to know).
Parklng Auth.
Personnel
BU1ld1ng Dept.
C/ED
Plannlng
Pollee
Purchasing
Recr/parks
Transportatl.on
Treasurer
Flnance
General Servo
Llbrary
Hanager
F lrc ~!' :;-_"','-"-'>< '1
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SEND FOUR COPIES OF ALL ORDINANCES TO:
CODED SYSTEMS
120 !>1aln Street
Avon, New Jersey 07717
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SEND FOUR COPIES OF ALL ORDINANCES TO:
Debra Hyrlck
Santa Monlca Munlclpal Court
1725 MalD Street, Room 118
Santa Mon~ca, CA 90401
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Total Caples
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CA:RMM:LAM:mox28/hpw
City Council Meeting 12-12-89
Santa Monica, California
RESOLUTION NO. 7953 (CCS)
CITY COUNCIL SERIES
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA FINDING AND DETERMINING
THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING
AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY
WHEREAS, the ci ty of Santa Monica owns and operates a
municipal improvement commonly known as the Santa Monica Public
Library Main Branch, located at 1343 6th street in the city of
Santa Monica (hereinafter "Library"); and
WHEREAS, in order to provide for anticipated needs of the
Library and the public it is desirable that the Ci ty acquire
certain real property adjacent to the Library for parking and
expansion requirements; and
WHEREAS, proceedings by a city for condemnation action are
initiated when the city legislative body adopts a resolution by a
two-thirds vote of its members, determining that the publ ic
interest or necessity demands the acquisition, construction, or
completion of any municipal improvement; and
WHEREAS, the Library is a valuable city resource which
serves the community and the general public at large; and
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WHEREAS, in order to satisfy the growing needs of the
community, it is necessary for the city to make plans and take
action to accommodate future expansion of the Library,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
HEREBY FINDS, RESOLVES AND DETERMINES BY A VOTE OF NOT LESS THAN
TWO-THIRDS OF ITS MEMBERS AS FOLLOWS:
SECTION 1. The acquisition of the property is for the
following pUblic use: pUblic library and library parking
purposes (liThe Proj ect") . The acquisition is authorized by
section 37350.5 of the Government Code and Article It section 19
of the California Constitution.
SECTION 2. On the basis of the information contained in
that certain staff report to the City council dated December 12,
1989, which is incorporated herein by this reference, and all
other evidence and testimony presented to the Council, the
Council declares, finds, and determines that:
(a) The public interest and necessity require the proposed
project.
(b) The project is planned or located in a manner that
will be most compatible with the greatest public good
and the least private injury.
(c) The hereinafter described real property, or interest
in real property, is necessary for the project.
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The offers required
Government Code have
record.
by section 7267.2 of the
been made to the owners of
SECTION 3. The real property to be acquired, or interest
in real property to be acquired, is generally located and
descr ibed as 623 Santa Monica Boulevard (Assessor · s Parcel No.
4291-9-9), 629-631 Santa Monica Boulevard (Assessor's Parcel No.
4291-9-8) and 1348 Seventh street (Assessor's Parcel No.
4291-9-7).
SECTION 4. The City of Santa Monica is hereby authorized
and empowered to acquire by condemnation the fee title to the
hereinabove described real property, or such lesser estate as
described, excepting and reserving to the owner thereof all oil,
gas and mineral substances, together with the right to face
opening of any well, hole, shaft, or other means of exploring
for, reaching or extracting such substances, provided that such
means of exploration shall not be located within the
aforementioned property and shall not penetrate any part of or
portion of the property within 500 feet of the surface thereof.
SECTION 5. The City Attorney is authorized to employ the
law firm of Hill, Farrer & Burrill as Special Counsel to the City
in this condemnation proceeding, and is 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 all pleadings,
documents, briefs, and other instruments to make such arguments
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and to take such action as may be necessary in their opinion to
acquire the real property.
The City Special Counsel is
specifically authorized to take whatever steps and/or procedures
are available to it under the Eminent Domain Law of the state of
California (Code of civil Procedure, Title 7, Chapters 1-12,
Sections 1230.010-1273.050).
SECTION 6. The City Clerk shall certify the adoption of
this Resolution and, thenceforth and thereafter the same shall be
in full force and effect.
APPROVED AS TO FORM:
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ROBERT M. MYERS
City Attorney
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Adopted and approved this 12th day of December, 1989.
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I hereby certify that the foregoing Resolution No. 7953(CCS)
was duly adopted by the City Council of the City of Santa Monica
at a meeting thereof held on December 12, 1989 by the following
council vote:
Ayes: Councilmembers: Abdo, Finkel, Genser, Jennings,
Ka tz , Reed, Mayor Zane
Noes: Councilmembers: None
Abstain: Councilmembers: None
Absent: councilmembers: None
ATTEST:
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A~ST (Zity Clerk