1988 SEP 20 REG MIN - Laserfiche WebLink

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The City Council adjourned to Closed Session at 7:44 p. m., to discuss Pending Litigation, pursuant to Government Code Section 54956.9.(c), and reconvened at 8:00 p. m., all Members present. RESOLUTIONS OF NECESSITY: Mr. David B. Cosgrove, Attorney with Rutan & Tucker, spoke about the hearing to consider Resolutions of Necessity, commencing Eminent Domain proceedings for nine parcels of land located at the corner of Eucalyptus and San Bernardino Avenues. Mr. Cosgrove advised State law requires that before any eminent domain proceedings can be started, a public hearing will be held by the City Council at which time the property owners in question may speak. Mr. Cosgrove stated the public hearing is to determine three things: 1. Whether the public interest or necessity requires the project; 2. Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; 3. Whether the property proposed to be acquired is necessary for the project. Assistant City Manager Keane reported on the proposed site, advising that the City's General Plan specifically identifies the need for a major park in the West Valley planning area as a part of a 25.5 -acre park plan. The site at which developers have proposed to locate the temporary drainage detention basin appears to also be the ideal location for the West Valley regional park. Ms. Keane continued the proposed site consists of twelve unimproved parcels of approximately one acre each. Seven of the parcels are currently, and will continue to be, land locked; three of the remaining parcels will have street access only after Eucalyptus Avenue is completed. The property is currently zoned business park and, given this area's current flooding problems and grading constraints, it is not possible for any of the parcels to develop as zoned until such time as the ultimate drainage facility is operational. Ms. Keane advised in April, the City notified property owners of the City's desire to purchase the property. Based on appraisals of the property, the City offered fair market value to the property owners on August 24, 1988. On September 2, 1988, all property owners were notified of the City's intent to consider the adoption of a Resolution of Necessity authorizing the commencement of eminent domain proceedings for the acquisition of the proposed site. An additional letter was mailed on September 14, 1988, soliciting counter-offers from the various property owners. To date, the City has secured agreement to purchase three of the twelve parcels, and one owner has formally refused the City's offer. 3