HomeMy WebLinkAboutAgenda Packet 06/04/2001 (3) •
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JUN ® 4 2001
From: Derek Simmons [djs @sonic;net]
Sent: Friday, June 01, 2001 9:04 AM
To: PetalumaCityCouncil
Cc: MITCH LIND
Subject:Supermajority exercise Of the power of Eminent Domain; attached Resolution
Dear Council:
For reasons previously provided to you, it is important that the power of eminent domain be exercise rarely and
if not unanimously, then by no less than six votes of your seven person Council.
To that end, I have prepared a resolution for your consideration and use at your City Council hearing June 4th.
It is your 3:15 agenda item.
Keep the trust of your community by using the power of eminent domain sparingly and only when the project is
of such overwhealming and clear benefit to the'community that at least six of you agree and cast your votes
accordingly.
I would be happy to consider any questions'you might have for me or for my client Jerico Products regarding
this matter.
Sincerely,
Derek J Simmons
139 Alice Street
• Santa Rosa .
CA 95409
Tel 579.5050
email: djs @sonic.net
fax: 707.204.6387
. s
6/1/01
RESOLUTION it 2001- •
PETALUMA COMMUNITY DEVELOPMENT COMMISSION
A RESOLUTION OF THE PETALUMA COMMUNITY DEVELOPMENT
COMMISSION DELEGATING ITS POWER OF EMINENT DOMAIN TO THE
PETALUMA CITY COUNCIL TO BE EXERCISED
ONLY BY SUPERMAJORITY[6/7]VOTES
WHEREAS,the Petaluma Community Development Commission (the "PCDC") was
formed and organized pursuant to the provisions of Part 1.7 of Division 24 (Section
34100 et Seq.),of the California Health and Safety Code acting as the redevelopment
agency in and for the City of Petaluma; and,
WHEREAS,the PCDC was activated by the City Council by Ordinance No. 1170
N.C.S;and the City Council declared itself to be the PCDC exercising all of the powers,
functions and duties of a redevelopment agency as set forth in State law;and,
WHEREAS,,:the'PCDC,may exercise the power of eminent domain, under limited
circumstances, in furtherance of redevelopment when such power is authorized by state
law and memorialized in.a redevelopment plan approved by the City Council;.and,
WHEREAS, said exercise of the power of eminent domain may under State law be •
locally restricted to require a defined_supermajority`including but not limited to a
requirement of six affirmative votes of a seven-member body, and
WHEREAS; at this time, the PCDC wishes to delegate its power of eminent domain to
the City Council, the chief legislative body of the City, limited to its exercise by a
supermajority of six affirmative votes of the City Council to ensure the citizens of the
• City that the power of eminent domain when and if exercised, shall be done only as a last
resort when voluntary acquisition of.propertyis unsuccessful and only when approved by
said six-sevenths (6/7) vote of the City Council; and,
NOW AND THEREFORE BE IT RESOLVED, by the Petaluma Community
Development,Commission as follows:
Section 1. The above recitals are true and correct.
Section 2. The Petaluma Community Development Commission delegates its power of
eminent domain as forth in state law and a redevelopment plan adopted by the City
Council of the City of Petaluma. to the City Council of the City of Petaluma..
Section 3. Consistent with state law,six affirmative votes(6/7) of the City Council is
required to adopt a Resolution of Necessity to condemn property authorized by a
redevelopment plan within the City approved,by the City Council.
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I hereby certify that the foregoing Resolution No. was duly introduced and
adopted by the Petaluma Community Development Commission at a regular meeting
held on June 4, 2001, by the following vote:
Commissioner Aye No Absent
Thompson
Cader-Thompson
Healy
Maguire
Moynihan
O'Brien
Torliatt
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E. Clark Thompson, Chairman
ATTEST:
Beverly J. Kline, Recording Secretary
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