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City Council Meeting December 9,1997
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Santa MOnica, California
TO:
Mayor and City CounCil
FROM:
City Attorney
SUBJECT: Adoption of Resolutions of Necessity to Acquire Property Interests By
Eminent Domam for Phase II of the Cloverfleld Boulevard Widening
Project
INTRODUCTION
This report recommends that the City CounCil adopt Resolutions of Necessity to acquIre
property mterests by eminent domain for Phase II of the Cloverfield Boulevard Widening
Project
BACKGROUND
As part of the environmental analYSIS for both the Water Garden and Colorado Place
developments. the wldenmg of Cloverfield Boulevard was Identified as a means to Improve
traffic circulation In the SpeCial Office Dlstnct The City prepared an Environmental Impact
Report As part of the environmental reView, vanous alternatives were analyzed but street
Widening was determined to be the best mitigation measure available After evaluation of
comments and the holdmg of a public hearing on August 13, 1992, the Final Environmental
Impact Report ("FEIR") for the Cloverfield Boulevard Widening Project was certified by the
City CounCIl
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As noted In the FEIR, In order to widen Cloverfield, It IS necessary to acquire pnvate
property As preliminary steps In connection With such an acqUIsition, staff evaluated the
extent and nature of the property that the City would reqUire to Widen the street and
prepared engineering draWings depicting the proposed acquIsition
Phase I of the Cloverfleld Widening Projects Included acqUisition of property adjacent to
the Cloverfield freeway eXit offramp and along both Sides of Cloverfield Boulevard between
Route 10 and Michigan Avenue FollOWing adoption of Resolution Number 8852 (CCS)on
January 10,1995, the City commenced emment domain proceedings to acqUire the Phase
I parcels After Issuance of orders of posseSSion, the City was authOrized to put the Phase
I Improvements out for public bidding An award of contract was made on June 6, 1995,
and a Notice to Proceed With construction was Issued on April 25, 1996 The Phase I
Improvements are now completed Four laWSUits were filed by the City related to the
Phase I eminent domam proceedings One case has settled and the remaining three
cases are In settlement diSCUSSions
Phase II of the project requires acqUIsition of parcels from MichIgan Avenue to Colorado
Avenue The same process used for the Phase I acqUisitions IS bemg followed for the
proposed Phase II acqUisitions
In accordance With the Eminent Domain Law and the California Relocation ASSistance Act,
the City retained a duly certified appraiser who rendered opmlons of the fair market value
2
of the parcels needed for the Phase II wldenmg The City made written offers to each
property owner for the full amount of the applicable appraisal Although none of the City's
offers were accepted within the stated time penod, efforts contmue to negotiate mutually
acceptable settlement terms Recently, two out of the four parcel owners verbally accepted
the City's Initial offers with minor modifications The City Attorney's office IS In the process
of drafting final settlement agreements for these two parcels The other two owners did
not accept the City's offers or provide written counter-offers City staff believes It IS
prudent to take steps now to acquire the parcels through eminent domain proceedings
ThiS action will assure that Phase" of the project can advance Without undue delays
Due to changes In the curb alignment as part of the project, a total of 44 eXisting street
trees consisting of 25 Melaleuca and 19 Carrotwood trees will require removal One
eXisting Coral tree at the intersection of Cloverfield Boulevard and 26th Street will be boxed
and relocated to a location along the OlympIC Boulevard medIan, WIthin the CIty limIts The
new parkway trees Will Include 44 MeXican Fan Palms and 91 PhoeniX (Date) Palms for
a total of 135 new trees
No Council action IS requested regarding street trees at thiS time since the final street tree
plan Will be presented to Council when staff returns With the staff report to award the
construction contract for Cloverfleld Boulevard Widening, Phase II
3
California Code of CIvil Procedure Section 1240030 allows a city to acquire private
property for public purposes If the following cnterla are established
(1) The public Interest and necessity require the proposed project,
(2) The proposed project IS planned or located In the manner that will be most
compatible with the greatest public good and the least pnvate injury,
(3) The property that the city Intends to acquire IS necessary for the proposed
project,
(4) An offer for the full amount of the City's appraisal has been made to the
owners of record
FINDINGS
The findings required for the City to acquire property by eminent domain must be contamed
In a Resolution or ResolutIons of NecessIty whIch must be adopted by the City Council
after a public heanng The heanng follows wntten notice to the property owners of record
of the parcels to be acquired After consIderation of the comments of property owners,
which are to be directed to the necessity of the eminent domam action rather than to the
value of the property at Issue, the City Council may adopt either a resolution of necessity
applicable to all parcels or separate resolutions for each parcel to be acquired A two-
thirds vote of the members of the City Council IS required to adopt any resolution of
necessity The requIsite findings are set forth below
4
Finding No 1 "The public Interest and necessity require the proposed project ,. (Callforma
Code of CIvil Procedure Section 1240 030(a) )
As previously evaluated and determined by the City In connection with the
EnvIronmental Impact Report, the widening of Cloverfield Boulevard IS necessary
to assure safe flow of traffic from the eXisting and proposed projects located north
of the Santa MOnica Freeway along Cloverfield Boulevard
Fmdmg No 2 "The proposed project IS planned or located In the manner that Will be most
compatible with the greatest public good and the least private Injury II (Callforma Code of
CIvil Procedure Section 1240 030(b) )
Staff evaluated varrous methods of redUCing traffiC congestion In the Cloverfleld
Boulevard COrridor The EnvIronmental Impact Report concluded that the wldemng
of Cloverfleld Boulevard IS the best alternative The project Will serve the public
Interest descnbed above There IS no feasible method for the Widening of
Cloverfleld except by acquIsition of small portions of adjacent properties The
acquIsition of these portions of properties for thiS purpose Will result In the least
pnvate injury The CIty IS proposing to take only that property absolutely necessary
for the project The owners Will be able to continue to utilize the remaining portions
of their property
5
Finding No 3 "The property sought to be acquIred IS necessary for the proposed proJect"
(CalifornIa Code of CIvil Procedure Section 1240 030(c) )
The map attached as Exhibit A mdlcates the portions of private property needed for
Phase II of the Clovertleld Boulevard widening project The speCific property
locations and owners are contained In ExhibIt B which IS attached Each resolution
Includes a map of the portion of the particular parcel to be acqUired
Finding No 4 "An offer for the full amount of the City's appraisal has been made to the
owners of record"
The City made an offer to each property owner for the full amount of the appraised
value of the particular parcel As noted above, two of the owners verbally accepted
the offers and written settlement agreements must stili be finalized Adoption of the
Resolutions of NeceSSity Will allow the CIty to exercise Its power of emment domam
The City may refrain from filing eminent domain complaints while efforts are made
to finalize settlement terms With those owners who have accepted offers If for any
reason a settlement IS not fInalized the City Will have the required authOrity to
acquire a partIcular parcel by eminent domain Although the other two owners
have not yet accepted the City'S offers, settlement efforts Will continue even If
emment domam complamts are filed as to their parcels
6
As required by law, the City sent notices to the owners of the subject properties
more than 15 days prior to this public hearmg on the adoption of the Resolutions of
Necessity Notices were also sent to the commercial tenants of the properties
BUDGET/FINANCIAL IMPACT
AcquIsition of these properties will be financed from funds budgeted m account 01-770-
415-25191-8905-99145
RECOMMENDA TION
It IS respectfully recommended that the City Council adopt the attached Resolutions of
Necessity to acq ulre property Interests by emment domain, If necessary, for Phase II of the
Cloverfleld Boulevard Widening Project
Prepared By Linda A Moxon, Deputy City Attorney
Craig Perkms, Environmental & Public Works Management Director
Tony Antlch, City Engineer
ATTACHMENTS Map (Exhibit "A")
List of Property Owners (Exhibit "8")
Resolutions
7
EXHIBIT "A"
MAP
Exhibit "A"
S,ANTA MONICA - CLOVERFIELD WIDENING
4268-014-14-
AREA TO BE ACOUIREO= :1:1,957 SO FT
1723 Cloverfield Partners
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SMHA Mm~ICA - C:...JVERFIELC WIDt:~~ING
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Weinberg
1707 Cloverfield Blvd.
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EXHIBIT "B"
PROPERTY TO BE ACQUIRED LOCATIONS AND OWNERS
Location
Owner(s)
Square
Footaae
1 1752 Cloverfleld Blvd Mane Hlmovltz, 25:!:
Sidney M Howard
Harold G Howard and
Howard Real Property Trust
2 1707 Cloverfleld Blvd Perla Weinberg 3,354
3 1751-1753 Cloverfield Blvd Mark Andrew Lessman 206:!:
4 1723-1725 Cloverfield Blvd
1723 Cloverfield Partners
2,262
MARK ANDREW LESSMAN
1~3 CLOVERfU1..D BOUlEVARD
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PROPOSED R/W
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CLOVERflELD BL YD. WIDENING - PHASE ]I
RIGHT-Of-WAY PLAN
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Owner
Assessor's Parcel No
Square footage of part taken
Use of larger parcel
1752clov res
Exhibit liB"
1752 Cloverfield Boulevard
Santa MOllica. CA
Mane HimovItz, SIdney M Howard, Harold G Howard and
Joseph L Howard
4275-032-010
25 square feet
lndustnal bwlding
EXbibit "R'f
O%er
AsSesSOr's Parcel N , ~ra"CJS WeiJl~
SqlJare fOOtage of 0" 4268-014-013
USe Of lllrg", PaIxern laken: 3.354 sql1are feet
' IndUstnall1.se
1707 CIO-verfieldB J
Ou e1l8rd
Santa MOllica, CA
j 707c.lo1t' res
Owner
Assessor's Parcel No
Square footage of part taken
Use of larger parcel
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1i51clo" re5
Exhibit "B"
1751-1753 Cloverfield Boulevard
Santa MOnIca, CA
Andrew M. Lessman
4268-014-026
206 square feet
IndustrIal bmldmg
Exhibit "B"
1723-1725 Cloverfield Boulevard
Santa Momca, CA
1723 Cloverfield Partners, a Cahforrua general partnerslup
4268-014-014
4268-014-025
Square footage of part taken: 2,262 square feet
Use oflarger parcel' Professional office buIldmg
Owner:
Assessorts Parcel No'
1723clo,- res
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RESOLUTION NO. 9222 (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 ACQIDRING
AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY
WHEREAS, the CIty of Santa Moruca exerCIses control over the use and development of
streets and public transportatIon routes WIthm Its boundanes; and
WHEREAS. in order to rmtIgate traffic impacts ansmg m connection with commercIal
development in the City, It IS desirable that the City acquire certain real property adjacent to
portlOns of Cloverfield Boulevard for street WIdemng purposes, and
WHEREAS, proceedmgs by a City for condemnation action are inItIated when the CIty
legIslatIve body adopts a resolutIon by a two-thirds vote of ItS members, detenmmng that the
publIc mterest or necessIty demands the acqwsltion, construction, or completion of any
mumclpal improvement, and
WHEREAS, m order to satIsfy the growing needs of the commumty, it is necessary for
the CIty to take actlOn to accommodate mcreased traffic in the Cloverfield Boulevard COrrIdor,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
HEREBY FINDS, RESOL YES AND DETERMThTES BY A VOTE OF NOT LESS THAN
TWO- THIRDS OF ITS MEMBERS AS FOLLOWS:
SECTION 1 The acqUlSItlon of the property is for the follOWIng publIc use Street
Vt'ldemng to accommodate mcreased traffic flow ("The Project"). The acqUIsitIOn IS authorized
by SectIon 373505 of the Government Code and ArtIcle I, SectlOn 19 of the CalIfornIa
ConstItutIOn.
SECTION 2 The real property to be acqUIred IS generally located and described as
portIons of 1752 Cloverfield Boulevard and IS depIcted on the map attached as Exlnblt "An and
more partIcularly descnbed m Exlubit "B" hereto
SECTION 3 On the basIS of the mformatlon contamed m that certam staff report to the
CIty Council dated December 9, 1997, whIch is incorporated herein by this reference, and all
other eVIdence and testImony presented to the CouncIl, the CounCIl declares, finds and
determmes that
(a) The pubhc mterest and neceSSIty reqwre the proposed Project
.I .
(b) The Project is planned or located m a manner that WIll be most compatIble \\lth
the greatest public good and the least private mjury.
(c) The above-described real property, or Interest 10 real property, IS necessary for the
ProJ ect
(d) The offer reqUIred by SecTIon 7262 2 of the Government Code has been made to
the owners of record
SECTION 4. The CIty of Santa Monica is hereby authonzed and empowered to acqUITe
by condemnation the fee tItle to the herein-above descnbed real property, or such lesser estate as
descnbed.
SECTION 5. The CIty Attorney IS authorized to employ the law firm of Hill, Farrer &
Burnll as Special Counsel to the City 10 thIs condemnatIon proceed1Og The law fIrm of Hill,
Farrer & Burrill is authonzed to prepare and prosecute m the name of the City, such proceeding
or proceedings In the proper court having JunsdlctlOn thereof, as are necessary for such
acquisItion, and to prepare and file all plead1Ogs, documents, bnefs, and other 10struments and to
make such arguments and to take such aCTIon as may be necessary in theIr opimon to acquire the
real property. The CIty'S SpeCial Counsel IS specIfically authonzed to take whatever steps and/or
procedures are avmlable to It under the Emment Dommn Law of the State of Cali forma (Code of
Civil Procedure, TItle 7, Chapters 1-12, ~~ 1230.010-1273050)
SECTION 6. The Director of Finance IS authorized and directed to draw such warrants
as may be required by the Supenor Court for deposit of probable compensatlOn in accordance
WIth California Code of CivIl Procedure 9 1255.01 0
SECTION 7. The CIty Clerk shall certify to the adoptIon of this ResolutIon and,
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM
rr~ ~~
MARSHA J~OUTRIE
CIty Attorney
. ..
Adopted and approved this 9th of December, 1997
~/.~
Robert Holbrook, Mayor
I, Mana M Stewart, City Clerk of the City of Santa MOnica, do hereby certify that
the foregoing Resolution 9222 (CCS) was duly adopted at a meeting of the City Council
held on the 9th of December, 1997 by the follOWing vote
Ayes Councllmembers Genser, Feinstein, Greenberg, Holbrook, O'Connor,
Rosenstein
Noes Councllmembers None
Abstain Councllmembers None
Absent Councllmembers Ebner
ATTEST
'-
\ii~~ 1~a.J
- . \
Mana M Stewart, City Clerk
.
RESOLUTION NO. 9223 (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 CONDEMNA nON OF CERTAIN REAL PROPERTY
WHEREAS, the City of Santa Monica exercIses control over the use and development of
streets and publIc transportatIon routes witlnn Its boundanes; and
WHEREAS, in order to IDlt1gate traffic impacts ansmg in connection WIth commercIal
development in the CIty, It IS desrrable that the Cay acqUIre certain real property adjacent to portions
of Cloverfield Boulevard for street WIdenmg purposes, and
WHEREAS, proceedmgs by a City for condemnation action are inItIated when the CIty
legIslatIve body adopts a resolutIon by a two-thirds vote of its members, detemumng that the publIc
mterest or necessIty demands the acqUIsitIon, constructIon, or completIOn of any muniCIpal
Improvement; and
WHEREAS, m order to satIsfy the growmg needs of the community, It IS necessary for the
CIty to take actIon to accommodate mcreased traffic m the Cloverfield Boulevard comdor,
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 follov.mg public use: Street Wldenmg
to accommodate mcreased traffic flow (liThe ProJect") The acqUiSitIon IS authorized by SectIOn
37350.5 of the Government Code and Article I, SectIon 19 of the Califorma ConstItutIOn.
SECTION 2 The real property to be acquired IS generally located and described as portIons
of 1707 Cloverfield Boulevard and IS depIcted on the map attached as Exhibit "A" and more
partIcularly described In Exlnblt "B" hereto.
SECTION 3 On the basIS of the mformatlOn contained m that certain staffreport to the City
CouncIl dated December 9, 1997. wrnch IS mcorporated herem by thiS reference, and all other
eVIdence and testimony presented to the Council, the Council declares, finds and determmes that
( a) The pubhc mterest and necessity reqUlre the proposed Proj ect
(b) The Project IS planned or located In a manner that wIll be most compatible with the
greatest public good and the least pnvate injury
(c) The above-described real property, or interest in real property, IS necessary for the
Project.
(d) The offer reqwred by SectIon 72622 of the Government Code has been made to the
owners of record
SECTION 4. The CIty of Santa MOllica is hereby authorized and empowered to acqUIre by
condemnatlOn the fee tItle to the herem-above descnbed real property, or such lesser estate as
described
SECTION 5. The CIty Attorney IS authonzed to employ the law fIrm of HIll, Farrer &
Bumll as Special Counsel to the City in this condemnatIon proceedmg The law firm of Hill. Farrer
& Burrill is authonzed to prepare and prosecute in the name of the CIty, such proceedmg or
proceedmgs m the proper court having jurisdictIon thereof, as are necessary for such acquisition; and
to prepare and file all pleadings, documents, briefs, and other instruments and to make such
arguments and to take such act10n as may be necessary m their opmion to acqUlre the real property.
The CIty'S SpecIal Counsel IS specifically authonzed to take whatever steps and/or procedures are
available to It under the Emment Domain Law of the State ofCahfomia (Code of CIvil Procedure,
TItle 7, Chapters 1-12, S~ 1230.010-1273.050)
SECTION 6. The Drrector ofFmance IS authorized and directed to draw such warrants as
may be required by the Supenor Court for deposit of probable compensatIon m accordance WIth
CalifOrnIa Code of Clvil Procedure ~1255 010
SECTION 7 The CIty Clerk shall certIfy to the adoptlOn of thIs Resolution and, thenceforth
and thereafter the same shall be m full force and effect.
APPROVED AS TO FORM:
n!
~ou~
MARSHA JON
CIty Attorney
Adopted and approved this 9th of December, 1997
~r~
Robert Holbrook, Mayor
I, Mana M Stewart, City Clerk of the City of Santa MonIca, do hereby certIfy that
the foregomg Resolution 9223 (CCS) was duly adopted at a meeting of the City Council
held on the 9th of December, 1997 by the followmg vote
Ayes Councllmembers Genser, Felnstem, Greenberg, Holbrook, O'Connor,
Rosenstein
Noes Councllmembers None
AbstaIn Councllmembers None
Absent Councllmembers Ebner
ATTEST
"--
~~~
Mana M Stewart, City Clerk
'.
RESOLUTION NO. 9224 (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 CIty of Santa MOllica exercIses control over the use and development of
streets and publIc transportatlOn routes \Vlthm Its boundarIes, and
'WHEREAS, m order to mlt1gate traffic Impacts ansing m connectIon mth commerCIal
development ill the CIty. It IS desIrable that the CIty acqUIre certaIn real property adJ acent to portIons
of Cloverfield Boulevard for street Wldemng purposes, and
WHEREAS, proceedmgs by a CIty for condemnatIon actIOn are InitIated when the CIty
legIslatIve body adopts a resolutIon by a two-tlurds vote of Its members, deternumng that the publIc
mterest or necessity demands the acqUlSltlOn. constructIon, or completIon of any munIcIpal
Improvement, and
WHEREAS, In order to satIsfy the growmg needs of the commumty, It IS necessary for the
Cay to take actIOn to accommodate mcreased traffic In the Cloverfield Boulevard comdor.
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 acqUlsloon of the property IS for the followmg publIc use Street Wldemng
to accommodate mcreased traffic flow ("The Project") The acqUIsitIOn IS authonzed by SectIOn
373505 of the Government Code and ArtIcle I. SectIon 19 of the CalIfOrnIa ConstItutIon.
SECTION 2 The real property to be acqUIred IS generally located and descnbed as portIons
of 1751-1753 Cloverfield Boulevard and IS depIcted on the map attached as ExhIbit "A" and more
partIcularly descnbed In Exhtbl1 "B" hereto
SECTION 3 On the basis of the information contained In that certaIn staff report to the City
CouncIl dated December 9, 1997, whIch IS mcorporated herem by thIS reference. and all other
eVIdence and testImony presented to the CouncIl, the CouncIl declares, finds and determines that.
(a) The publIc mterest and neceSSIty reqUIre the proposed Project
(b) The Project IS planned or located In a manner that mll be most compatIble WIth the
greatest pubhc good and the least pnvate mJury
.,
(c) The above-described real property, or mterest m real property. IS necessary for the
ProJ ect
(d) The offer reqUITed by SectIon 7262.2 of the Government Code has been made to the
O\\'I1ers of record
SECTION 4 The CIty of Santa Monica IS hereby authonzed and empowered to acqUIre by
condemnatIon the fee tItle to the herem-above descnhed real property. or such lesser estate as
descn bed
SECTION 5 The CIty Attorney IS authonzed to employ the law firm of Hill, Farrer &
Burrill as Special COWlSel to the City m this condemnation proceeding The law firm of Hill. Farrer
& Bumllls authonzed to prepare and prosecute m the name of the City. such proceedmg or
proceedmgs ill the proper court havmg JunsdIctlon thereof. as are necessary for such acqUIsItIon; and
to prepare and file all pleadmgs. documents, bnefs, and other instruments and to make such
arguments and to take such acuon as may be necessary ill their op1ll1on to acquire the real property
The CIty'S Special Counsel IS speCIfically authorized to take whatever steps andJor procedures are
avaIlable to it under the Ennnent Domam Law of the State of CalIfornIa (Code of CIvIl Procedure,
TItle 7, Chapters 1-12, S~ 1230010-1273050)
SECTION 6 The DIrector ofFmance IS authonzed and duected to draw such warrants as
may be reqUIred by the Supenor Court for deposlt of probable compensatIon m accordance WIth
CahfoITlla Code of CivIl Procedure S1255.01O
SECTION 7. The CIty Clerk shall certify to the adoptIon ofthJ.s ResolutIon and. thenceforth
and thereafter the same shall be m full force and effect
APPROVED AS TO FORM.
\
Adopted and approved this 9th of December. 1997
4r/-~
Robert Holbrook. Mayor ----
I, Marla M Stewart. City Clerk of the CIty of Santa Monica. do hereby certify that
the foregoing Resolution 9224 (CCS) was duly adopted at a meeting of the CIty CouncIl
held on the 9th of December. 1997 by the following vote
Ayes Councllmembers Genser, Felnstem, Greenberg. Holbrook, O'Connor,
RosensteIn
Noes Councllmembers None
Abstain Council members None
Absent Councllmembers Ebner
ATTEST
~~.~.v;t
Mana M Stewart, City Clerk
- ...
RESOLUTION NO. Q??'l (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 ACQIDRING
AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY
WHEREAS, the CIty of Santa MOllica exercises control over the use and development of
streets and publIc transportaTIon routes Wlthm its boundaries, and
WHEREAS, in order to mItigate traffic impacts arising in connectlon with commercial
development m the CIty. it is desrrable that the CIty acqUIre certam real property adjacent to portions
of Cloverfield Boulevard for street WIdening pwposes; and
WHEREAS, proceedmgs by a City for condemnation actIOn are ImtIated when the CIty
legislatIve body adopts a resolutIon by a two-thrrds vote of its members, determimng that the public
interest or necessIty demands the acquiSItIon, construction, or completion of any municipal
Improvement; and
WHEREAS, m order to satisfy the growing needs of the communIty, It IS necessary for the
City to take actIOn to accommodate mcreased traffic m the Cloverfield Boulevard corndor,
NOW. THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
HEREBY FINDS, RESOL YES AND DETERMINES BY A VOTE OF NOT LESS THAN TWO-
THIRDS OF ITS MEMBERS AS FOLLOWS
SECTION 1 The acqUlsitIon of the property IS for the followmg publIc use Street Wldemng
to accommodate mcreased traffic flow ("The ProJect") The acquiSItIon IS authorized by SectIOn
373505 of the Government Code and Article I, SectIon 19 of the Cahforma ConstItutIon
SECTION 2 The real property to be acqUIred is generally located and descnbed as portIons
of 1723-1725 Cloverfield Boulevard and IS depIcted on the map attached as Exlnblt "All and more
partIcularly descnbed m Exlnblt "B" hereto
SECTION 3. On the basis of the InformatIon contained in that certaIn staff report to the CIty
Council dated December 9, 1997, whIch is mcorporated herem by thIs reference, and all other
eVidence and testimony presented to the CouncIl, the Council declares, fmds and determmes that:
(a) The publIc mterest and necessIty reqUIre the proposed Project
(b) The Project IS planned or located m a manner that WIll be most compatible WIth the
greatest publIc good and the least pnvate 1OJury.
(c) The above-described real property. or mterest in real property, is necessary for the
ProJect.
(d) The offer reqUIred by SectIon 7262 2 of the Government Code has been made to the
owners of record
SECTION 4 The City of Santa Monica is hereby authorized and empowered to acquire by
condemnaTIon the fee title to the herem-above described real property, or such lesser estate as
descnbed
SECTION 5 The City Attorney IS authonzed to employ the law firm of Hill, Farrer &
Bumll as Special Counsel to the CIty m this condemnation proceedmg The law firm of Hill, Farrer
& Burrill IS authorized to prepare and prosecute m the name of the City, such proceedmg or
proceedings m the proper court havmg Junsdiction thereof, as are necessary for such acqUlsition, and
to prepare and file all pleadmgs, documents, bnefs, and other Instruments and to make such
arguments and to take such actIon as may be necessary m theIr opmlOn to acqUIre the real property.
The City's SpecIal Counsel IS specifically authonzed to take whatever steps and/or procedures are
available to It under the Emment Domain Law of the State of California (Code of CIvIl Procedure,
TItle 7, Chapters 1-12, 99 1230010-1273.050)
SECTION 6 The DIrector ofFmance is authorized and directed to draw such warrants as
may be required by the Supenor Court for deposit of probable compensatIon 10 accordance WIth
CalIfornia Code of Civil Procedure ~1255.01O
SECTION 7 The CIty Clerk shall certify to the adoption of this ResolutIon and, thenceforth
and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM
!1J.ALMA
'MARSHA fo~s MOUTRIE
CIty Attorney
Adopted and approved this 9th of December, 1997
~r~
Robert Holbrook, Mayor
I, Mana M Stewart. City Clerk of the City of Santa MOnica, do hereby certify that
the foregoing Resolutron 9225 (CCS) was duly adopted at a meeting of the City CounCil
held on the 9th of December, 1997 by the following vote
Ayes Councllmembers Genser, FeInstein, Greenberg, Holbrook, O'Connor,
Rosenstein
Noes Council members None
Abstain" Councllmembers None
Absent Councllmembers Ebner
ATTEST
'--t-l. ...~ , ~~
Mana M Stewart, City Clerk