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HomeMy WebLinkAboutAgenda Packet 06/04/2001 (3) • r 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. • s? • 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 • E. Clark Thompson, Chairman ATTEST: Beverly J. Kline, Recording Secretary •