R-9223
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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 CONDEMNATION OF CERTAIN REAL PROPERTY
WHEREAS, the CIty of Santa Monica exerCIses control over the use and development of
streets and public transportatIon routes WIthm its boundanes, and
WHEREAS, in order to mItIgate traffic impacts arising in connection WIth commercIal
development m the City, It IS desrrable that the CIty acqUIre certaIn real property adjacent to portions
of Cloverfield Boulevard for street wlderung purposes; 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 public
interest or necessIty demands the acqUISItIOn, constructIOn, or completion of any municipal
improvement, and
WHEREAS, in order to satIsfy the groWIng needs of the community, it IS necessary for the
CIty to take action to accommodate Increased traffic in the Cloverfield Boulevard corridor,
NOW, THEREFORE, TIIE 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 acqUlsitlOn of the property IS for the followmg public use: Street widerung
to accommodate increased traffic flow ("The Project") The acquisition is authonzed by SectIOn
37350.5 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 1707 Cloverfield Boulevard and IS depIcted on the map attached as Exlublt tlNI and more
partIcularly deSCrIbed In ExhIbIt "B" hereto
SECTION 3. On the basIS of the mformatlon contained In 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 Councll, the Councll declares, fmds and determines that
(a) The publIc interest 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 mjury
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.
(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 Cny of Santa Moruca IS hereby authorized and empowered to acqillre by
condemnation the fee title to the herem-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 &
Bumll as Special COWlSel to the City in this condemnatIon proceeding. The law fIrm of Hill, Farrer
& BumllIS authonzed to prepare and prosecute III the name of the City, such proceedmg 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 and to make such
arguments and to take such action as may be necessary m their opinion to acquire the real property.
The CIty'S SpeCIal Counsel IS speCIfIcally authonzed to take whatever steps and/or procedures are
available to it lUlder the Emment Domam Law of the State of California (Code of CivIl Procedure,
Title 7, Chapters 1-12, ~~ 1230010-1273050)
SECTION 6. The Director of Finance is authorized and directed to draw such warrants as
may be required by the Superior Court for deposit of probable compensatIon m accordance with
California Code of Civil Procedure ~ 1255 010
SECTION 7 The CIty Clerk shall certIfy to the adoptIon oftms ResolutIon and, thenceforth
and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM
MOU~
MARSHA JON
City Attorney
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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 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
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Mana M Stewart, City Clerk