Public Hearing - Southern California Edison Facilities

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Acquisition of SCE Facilities August 7, 2001 Page 2 DISCUSSION/ANALYSIS: The acquisition of these particular SCE facilities is in the interest of public health and safety because it reduces the duplication of electric distribution facilities within Colton's jurisdiction. An offer to purchase the easements and electrical distribution facilities was prepared and presented to the property owner by letter on July 19, 2001, consistent with prior acquisition negotiations between the City and the property owner. The property owner has waived its right to insist that the offer be based on an amount not less than the City's approved appraisal of the fair market value of the property to be acquired. The City's offer has not been accepted to date, however negotiations are ongoing and the negotiations are not precluded by the holding of this hearing or the City's adoption of a resolution of necessity. HEARING AND REQUIRED FINDINGS: California eminent domain law provides that a public entity may not commence an eminent domain proceeding until its governing body has adopted a Resolution of Necessity, which resolution may only be adopted after the governing body has given each party with an interest in the affected property or their representatives a reasonable opportunity to appear and be heard on the following matters: 1. The public interest and necessity require the proposed project. 2. The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. 3. The easements and electrical distribution facilities to be acquired are necessary for the project. 4. The offer of just compensation has been made to the property owner. A notice of hearing has been mailed by first class mail to the property owner and states the City's intent to consider the adoption of the resolution, the right of each person to appear and be heard on these issues, and that failure to file a written request to appear will result in a waiver of the right to appear and be heard. The City has scheduled this hearing at which all persons who filed a written request within 15 days of the date of notice was mailed may appear and be heard. The City's legal counsel mailed the required notice to the property owner on July 24, 2001. The four required findings are addressed as follows: