HomeMy WebLinkAboutCity Council Resolution 08-051CITY COUNCIL OF THE CITY OF SARATOGA
RESOLUTION N0.08-051
A RESOLUTION OF PUBLIC USE AND NECESSITY OF THE CITY OF SARATOGA
FOR THE EXERCISE OF THE POWER OF EMINENT DOMAIN TO ACQUIRE AN
EASEMENT IN PACIFIC GAS &r ELECTRIC RIGHT OF WAY IN CONNECTION
WITH THE PLANNED JOE'S TRAIL AT SARATOGA DE ANZA; AUTHORIZING
THE CITY ATTORNEY TO INITIATE AND PROSECUTE AN ACTION IN
EMINENT DOMAIN TO FINAL JUDGMENT TO ACQUIRE THE EASEMENT;
AUTHORIZING THE DEPOSIT OF FUNDS LAWFULLY AVAILABLE TO THE
CITY OF SARATOGA FOR THE PROJECT FOR POSSESSION OF THE EASEMENT.
The planned Joe's Trail at Saratoga De Anza ("Project") includes the development of an
approximately 1.3-mile bike and pedestrian trail extending along an approximately 1.6-mile
PG&E easement that is approximately 75 feet wide. The trail will extend in a generally
northwest southeast direction from Saratoga-Sunnyvale Road to Saratoga Avenue in the City of
Saratoga, as described in Section 3 of this Resolution (the "Property").
The trail includes two useable sections. The first section will extend from a parking lot
adjacent to Saratoga-Sunnyvale Road to parcel 386-44-042, which is approximately 0.57 linear
mile from the western terminus of the trail. There will be a 0.27-mile gap between the first
section and second section of the trail. The second section of the trail will extend from the edge
of San Jose Water Company property (east of Cox Avenue) to Saratoga Avenue. This portion of
the trail will be approximately 0.741inear miles.
The Project requires acquisition of an easement in the Property (the "Easement")
On October 3, 2007, the City of Saratoga adopted a Mitigated Negative Declaration
("MND") and Mitigation Monitoring and Reporting Program pursuant to the California
Environmental Quality Act, and approved the Project.
The City Council of the City of Saratoga, by a vote of 4/Sths majority or more of its
members, finds, determines, declares and resolves that:
Section 1. The City of Saratoga is a municipal corporation in the County of Santa
Clara, State of California.
Section 2. The Easement is to be taken for public use for the Project and all uses
necessary, convenient, or appurtenant to the Project pursuant to the authority conferred upon the
City of Saratoga to acquire property by eminent domain by California Constitution Article 1,
section 19; California Government Code sections 37350, 37350.5, 37351, and 40404; California
Code of Civil Procedure sections 1230.010 et seq., including, but not limited to sections
1240.010 through ,1240.050, 1240.110, 1240.120, 1240.140, 1240.150, 124.220, 1240.350,
1240.410, 1240.510, 1240.610, 1240.650; and other provisions of law.
Section 3. The Property is a 489,358-square foot area of land located along a Pacific
Gas & Electric utility transmission corridor, and consisting of portions of APNs 386-53-018,
386-53-019, 393-17-004, 393-17-005, 393-17-006, 393-21-005, 393-21-006, 393-21-007, and
393-21-013. The legal descriptions of the Property are attached as Exhibit "A" to this
Resolution. The Property is depicted on the survey maps attached as Exhibit "B" to this
Resolution. The Easement is required for the construction and maintenance of the Project.
Section 4. The Easement is required to carry out and make effective the principal
purpose of the Project. A general description of the Project is set forth in the Agenda Report
dated July 16, 2008. The Agenda Report and the evidence, reports, and documents cited in that
Agenda Report are incorporated in the Administrative Record for this Resolution.
Section 5. The City Council of the City of Saratoga specifically finds and determines
that:
A. The City has fully complied with the California Environmental Quality Act,
Public Resources Code sections 21000 et seq. with regard to the Project. The environmental
effects of the Project were evaluated in the MND prepared by the City of Saratoga (State
Clearinghouse Number 2007042079), adopted by the Saratoga City Council on October 3, 2007.
No revisions to the MND are required for the acquisition of an easement in the Property due to
new or substantially increased significant environmental effects because of substantial changes
in the Project, substantial changes with respect to the circumstances under which the Project
would be undertaken, or significant new information.
B. The public interest and necessity require the Project.
C. The Project is planned or located in the manner that will be most compatible with
the greatest good and the least private injury.
D. The Easement is necessary to carry out and make effective the principal purpose
of the Project.
E. The City has complied with all conditions and statutory requirements necessary to
exercise the power of eminent domain to acquire the Easement, as well as any other matter
regarding the right to take the Easement by eminent domain, including but not limited to, making
the offer required by Government Code section 7267.2(a).
Section 6. The findings and declarations contained in this Resolution are based on
the record before the City Council on July 16, 2008, when it adopted this Resolution, including
the Agenda Report dated July 16, 2008, all documents referenced and incorporated in the
Agenda Report, the testimony at the hearing, and the records and .documents prepared in
connection with the Project, all of which are incorporated in this Resolution by this reference.
Section 7. The City Council of the City of Saratoga authorizes and directs the City
Attorney's office and City Staff to take all steps necessary to commence and prosecute legal
proceedings in a court of competent jurisdiction to acquire the Easement by eminent domain.
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Section 8. The City Manager, or his designee, is hereby authorized to deposit
lawfully available funds of the City of Saratoga for the Project with either the court in which the
eminent domain proceedings are commenced or the State Treasury Condemnation Fund, in the
amount required by law for the maintenance of a proceeding in eminent domain and for
immediate possession of the Property.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 16~' day of July, 2008 by the following vote:
AYES: Councilmembers Jill Hunter, Kathleen King, Vice Mayor Chuck Page, Mayor
Ann Waltonsmith
NOES: None
ABSENT: None
ABSTAIN: Councilmember Aileen Kao (Recused)
nn Waltonsmith, Mayor
ATTEST:
nn Sullivan, Acting City Clerk