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Acquisition of SCE Facilities <br />August 7, 2001 <br />Page 4 <br />4. The Offer of Just Compensation Has Been Made to the Property Owner <br />An offer was made to the property owner to purchase the easement interests <br />and electrical distribution facilities based upon discussions between the City and <br />the property owner. The property owner has waived the requirement under <br />Section 7267.2 of the California Government Code, that the offer to be based <br />upon an approved and independent appraisal obtained by the City. Although a <br />negotiated settlement may still be possible for the property cited above, it would <br />be appropriate to commence the procedures to acquire the easements and <br />electrical distribution facilities through eminent domain to ensure that the real <br />property will be available to meet the time frames associated with the <br />development of the project. <br />ALTERNATIVES: <br />None. <br />FISCAL IMPACT: <br />An appropriate portion of the cost is to be charged to the developer that benefits from <br />this acquisition as part of the overall electric construction costs to be assessed to the <br />developer. The net City portion of this cost should not exceed $42,400 and funding for <br />this acquisition is available in Electric Utility Account Number 520-8000-8008-3890- <br />0107-000. <br />ENVIRONMENTAL IMPACT <br />The City is processing a Negative Declaration to comply with the California <br />Environmental Quality Act (CEQA). <br />RECOMMENDATION: <br />Staff recommends as follows: <br />1) Conduct a Hearing to Consider the Adoption of a Proposed Resolution of Necessity, <br />including providing all interested parties of the affected property, their attorneys or <br />their representatives an opportunity to be heard on the issues relevant to the <br />Resolution of Necessity. <br />