R-9222
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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 ACQUIRING
AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY
WHEREAS, the CIty of Santa Monica exercises control over the use and development of
streets and public transportatIon routes within its boundaries; and
WHEREAS, in order to mItigate traffic Impacts ansmg In connection with commerCIal
development in the City, It is desirable that the City acqUIre certain real property adjacent to
pOrtIOns of Cloverfield Boulevard for street widemng purposes; and
WHEREAS, proceedings by a City for condemnatIon action are Imtiated when the CIty
legislative body adopts a resolutIOn by a two-tlurds vote of its members, determining that the
publIc interest or necessity demands the acqwsltion, constructIOn, or completion of any
municipal nnprovement; and
WHEREAS, in order to satisfy the growmg needs of the communIty, it IS necessary for
the CIty to take actIOn to accommodate Increased traffic in the Cloverfield Boulevard corrIdor,
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 acqmsltIon of the property is for the follOWIng publIc use: Street
widemng 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 Callforma
ConstitutIon.
SECTION 2 The real property to be acqmred IS generally located and descnbed as
portions of 1752 Cloverfield Boulevard and is depIcted on the map attached as Exlubit "N' and
more partIcularly descnbed in ExhIbIt "B" hereto
SECTION 3 On the basIS of the mformation contamed ill that certaIn staff report to the
CIty Council dated December 9, 1997, which is mcorporated herein by this reference, and all
other evidence and testimony presented to the CouncIl, the Council declares, finds and
determines that
(a) The pubbc mterest and necessity require the proposed Project
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(b) The Project is planned or located in a manner that will be most compatIble WIth
the greatest pubbc good and the least pnvate injury
(c) The above-descnbed real property, or Interest In real property, IS necessary for the
Project.
(d) The offer requITed by SectlOn 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 acqwre
by condemnatIon the fee title to the herein-above described real property, or such lesser estate as
descnbed.
SECTION 5 The City Attorney is authorized to employ the law firm ofllill, Farrer &
Burnll as Special Counsel to the City in this condemnation proceeding The law firm ofHlll,
Farrer & Burrill is authonzed 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 pleadmgs, documents, bnefs, and other mstruments 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 available to it Wlder the Eminent Domain Law of the State ofCalifomia (Code of
CIVIl Procedure, Title 7, Chapters 1-12, SS 1230.010-1273050).
SECTION 6 The Director of Finance IS authonzed and directed to draw such warrants
as may be required by the Supenor Court for deposit of probable compensatIOn in accordance
with California Code OfCIVlI Procedure S1255 010
SECTION 7 The CIty Clerk shall certify to the adoption ofthis ResolutIOn and,
thenceforth and thereafter the same shall be In full force and effect
APPROVED AS TO FORM:
~LLL
MARSHAJ~ESMOUTroE
CIty Attorney
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Adopted and approved this 9th of December, 1997
;tf:.r ;;:- ~
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 Council members None
Abstain Council members None
Absent Council members Ebner
ATTEST
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Mana M Stewart, City Clerk