3A Public Hearing 2009 0120 - Laserfiche WebLink

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BACKGROUND The property adjacent to the Water Pollution Control Plant is currently used for the operation of an auto dismantler. The site is commonly known as Bert & Johnnie's and is located at 2550 Davis Street. This site fronts Davis Street and contains buildings used for retail, dismantling and storage purposes. To accommodate the needs of the Water Pollution Control Plant, 0.66 acres of this site is required. On November 19, 2007, by Resolution No. 2007-143, the City Council authorized the City Manager to execute a real property agreement for the portion of the property required for the Water Pollution Control Plant. As required by Government Code Section 7267.2, the City obtained an appraisal of the property proposed to be acquired. The appraisal was reviewed and approved as required by law. The offer was made to the property owners in October 2008 for the full amount of the appraisal. Negotiations with the property owners, John and Dolores Blasquez, and their representative, Ron Blasquez, regarding the City's desire to acquire the subject property have taken place since November 2007. However, staff's attempts to negotiate a voluntary purchase of the subject property have been unsuccessful to date. Pursuant to Government Code Section 7267.1, which requires a public entity to make every reasonable effort to acquire expeditiously property by negotiation, we will continue our attempts to negotiate with the property owners. However, to meet the proposed construction schedule for the expansion of the Water Pollution Control Plant, it is necessary that the City take possession of the subject property by June of 2009. If the City adopts the Resolution of Necessity, it will allow building demolition and construction to commence in a timely manner (i.e., mid 2009). The City is authorized to bring an eminent domain action to acquire real property interests for public use pursuant to and under the provisions of Article 1, Section 19 of the Constitution of the State of California, and Code of Civil Procedure Section ("CCP") 1230.010, et seq. A city may acquire by eminent domain any property necessary to carry out any of its powers or functions, which include property to treat wastewater for the City and its residents. (Government Code Sections 37350.5, 38730, 38900.) If the City Council adopts the proposed Resolution of Necessity, and subsequently determines that it cannot reach an agreement with the property owners, the Resolution authorizes the City's Special Counsel to file an eminent domain action in Alameda County Superior Court. The City can then seek prejudgment possession of the subject property by depositing with the State Condemnation Fund the amount of probable compensation (e.g., the appraised value) and filing a motion with the Court to enter an order granting possession. Should the motion be granted, the City could have effective possession approximately four months after the filing of the action. This timeline provides the City possession for the continuance and completion of the project in a concordance with the project construction schedule.