HomeMy WebLinkAbout14 DELEGATE C M NOTICE 11-18-02AGENDA REPORT
NO. 14
11-18-02
MEETING DATE: NOVEMBER 18, 2002
TO:
FROM:
SUBJECT:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
CITY ATTORNEY
RESOLUTION DELEGATING TO THE CITY MANAGER OR THE CITY
MANAGER'S DESIGNEE, THE AUTHORITY TO GIVE NOTICE ON BEHALF
OF THE CITY COUNCIL EITHER BY MAIL OR PERSONAL SERVICE AS
PROVIDED IN CODE OF CIVIL PROCEDURE SECTION 1245.235
SUMMARY:
The City Attorney is recommending that the City Council delegate their authority to
provide notice of a hearing on the adoption of a Resolution of Necessity to the City
Manager or the City Manager's designee.
RECOMMENDATION:
Adopt the attached resolution delegating to the City Manager or City Manager's designee
the authority to provide notice of a hearing on a proposed Resolution of Necessity.
FISCAL IMPACT:
None.
DISCUSSION:
The City makes every effort to reach agreement with property owners on the acquisition
of property for various public purposes, i.e., street widening. However, in some
instances, the property owner is not responsive to the City or the parties are too far
apart in their positions for an agreement to be reached. In such rare instances, the City
must proceed to acquire the property by eminent domain. The acquisition of a property
by eminent domain is strictly regulated by State law. Code of Civil Procedure Section
1245.235 requires the "governing body" of a local agency to give notice of its intent to
adopt a Resolution of Necessity and notice of a reasonable opportunity to be heard. A
strict reading of this section would require the City Council to give notice by placing the
notice on the City Council agenda and approving the notice by motion adopted. A less
cumbersome way to proceed would be for the City Council to authorize and delegate to
the City Manager or the City Manager's designee the giving of notice on behalf of the
City Council of a proposed hearing on a Resolution of Necessity. The attached
resolution provides for this delegation of authority and assists in streamlining the
process while still providing the property owner with appropriate notice and an
opportunity to be heard.
ATTACHMENT:
Resolution 107
160458.1
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RESOLUTION NO.- :[07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, DELEGATING TO THE CITY MANAGER
OR THE CITY MANAGER'S DESIGNEE THE AUTHORITY TO
GIVE NOTICE ON BEHALF OF THE CITY COUNCIL EITHER
BY MAIL OR PERSONAL SERVICE AS PROVIDED IN CODE
OF CIVIL PROCEDURE SECTION 1245.235
WHEREAS, Code of Civil Procedure Section 1245.235 req~uires a public entity to give
notice of a hearing on the proposed adoption of a resolution of necessity and of the opportunity
to be heard on the matters referred in CCP Section 1240.030; and
WHEREAS, the City Council desires to delegate the provision of notice of the hearing
to the City Manager or designee of the City Manager.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
finds, determines and orders as follows:
SECTION 1. The City Manager or designee of the City Manager is authorized
and delegated the authority to give notice on behalf of the City Council either by mail or by
personal service as provided in Code of Civil Procedure Section 1245.235 of a hearing on
the proposed adoption of a Resolution of Necessity and of the opportunity to be heard on the
matters referred to in Code of Civil Procedure Section 1240.030.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin
on the 18 day of November, 2002.
ATTEST:
JEFFERY M. THOMAS, MAYOR
PAMELA STOKER
CITY CLERK
160457.1
Internet
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STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
RESOLUTION NO. 107
Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, does hereby certify that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing Resolution was passed and adopted at
a regular meeting of the City Council held on the 18 day of November, 2002, by the
following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
City Clerk
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