HomeMy WebLinkAboutReso 2006-184 - Eminent Domain
-
e
RESOLUTION NO. 2006 - 184
A RESOLUTION OF NECESSITY BY THE CITY COUNCIL OF THE CITY
OF REDDING TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN
FOR ELECTRIC DISTRIBUTION IN ANNEXED AREAS
PROPERTY OWNER: PACIFIC GAS AND ELECTRIC COMPANY (PG&E)
(Code of Civil Procedure ~ 1240.040)
THE CITY COUNCIL OF THE CITY OF REDDING, by a vote offour-fifths or more
of its members, FINDS, DETERMINES, DECLARES and RESOLVES that:
1. The City of Redding ("City") intends to acquire electric distribution system facilities in
Annexation Areas 99-1 (East Cypress), Area 99-2 (Lake Boulevard), and Area 99-5
(Tarmac/Abernathy) from Pacific Gas and Electric Company ("PG&E") for the purposes of
operating electric distribution facilities and distributing electric power to approximately sixty-three
customers in the above-referenced annexed areas ("the proposed Project").
2. A map showing the location of the three annexation areas within the City of Redding is
provided in Exhibit 1, incorporated herein and made a part hereof. A detailed inventory listing and
maps ofthe electric distribution system facilities to be acquired in each area are provided in Exhibit
2. The City of Redding proposes to acquire all property rights from PG&E in the electric distribution
facilities detailed in Exhibit 2 ("the Property"), incorporated herein and made a part hereof.
3. The City of Redding is authorized to acquire the Property to exercise the power of eminent
domain for the public use set forth herein in accordance with the California Constitution and
California Eminent Domain Law, Code of Civil Procedure ~ 1230.010 et seq., and pursuant to
California Government Code ~~37350.5, 39792, and 57325.
4. This Resolution of Necessity is specifically adopted pursuant to California Code of Civil
Procedure ~ 1240.61 0 which provides that any person authorized to acquire property for a particular
use by eminent domain may exercise the power of eminent domain to acquire for that use property
appropriated to public use if the use for which the property is sought to be taken is a more necessary
public use than the use to which the property is appropriated.
5. In June of2000, the City of Redding annexed Area 99-1 (East Cypress). Area 99-1 consists
of electrical facilities owned by PG&E with an overhead distribution line serving five residential
customers in a primarily rural area.
6. In September of2000, the City of Redding annexed Area 99-2 (Lake Boulevard). Area 99-
2 includes some commercial development and two trailer home parks and two RV parks which are
master metered. (One of the RV parks is part of the larger mobile home park.) The electrical
facilities to be acquired from PG&E include both overhead and underground distribution facilities.
e
-
7. In September of2000, the City of Redding annexed Area 99-5 (Tarmac/Abernathy). Area
99-5 is located near the Redding Sports Complex. The electrical facilities to be acquired from
PG&E consist primarily of overhead distribution facilities.
8. The above-referenced annexations were certified by LAFCO in 2000. California
Government Code ~ 57325 provides that on and after the effective date of an annexation, the
territory annexed to a city, all inhabitants of that territory, and all persons entitled to vote by reason
of residing or owning land within that territory shall be subject to the jurisdiction of the city and have
the same rights and duties as if the territory had been a part of the city upon its original incorporation
or formation. As such, residents of the above-referenced Annexation Areas are entitled to receive
electric service from the Redding Electric Utility (REU).
9. On September 15, 2006, there was mailed a Notice of Hearing on the intent of the Redding
City Council to adopt a Resolution of Necessity for acquisition by eminent domain of the Property
described in Exhibits 1 and 2 herein, which Notice of Hearing is attached hereto as Exhibit 3 and
incorporated herein by this reference. Said Notice of Hearing was mailed to the entity whose name
appeared on the last equalized County Assessment Roll as having an interest in the property
described in Exhibits 1 and 2 hereto, and to the address appearing on said Roll. Said Notice of
Hearing advised said entity of its right to be heard on the matters referred to therein on a date and
at the time and place stated therein.
10. The hearing described in said Notice of Hearing was held on October 3,2006, at the time
and place stated therein, and all interested parties were given an opportunity to be heard. The
hearing was closed.
Based upon the evidence presented, the City Council of the City of Redding, by vote
of four-fifths or more ofits members, FURTHER FINDS, DETERMINES, DECLARES and
RESOLVES each of the following:
a. The public interest and necessity require the proposed Project;
b. The Property has been appropriated to public use by a person other than a public
entity, and the use thereofby the City of Redding for the same use or any other public
use is a more necessary use than the use to which the Property has already been
appropriated (California Code of Civil Procedure ~l240.650(a));
c. The proposed Project is planned or located in the manner that will be most compatible
with the greatest public good and the least private injury;
d. The property described herein in Exhibits I and 2 is necessary for the proposed
Project;
e. The offer required by Government Code ~ 7267 .2( a), together with the accompanying
statement of and summary of the basis for the amount established as just
compensation, was made to the owner or owners of record, which offer and
accompanying statement/summary were in a form and contained all of the factual
disclosures provided by Government Code ~7267.2(a);
f. All conditions and statutory requirements necessary to exercise the power of eminent
domain ("the right to take") to acquire the property described herein have been
complied with by the City of Redding; and
g. This Resolution of Necessity is adopted pursuant to California Code of Civil
2
e
e
Procedure ~ 1240.610.
11. The City Attorney is hereby AUTHORIZED and EMPOWERED:
a. To acquire in the name of the City of Redding, by condemnation, the Property
described in Exhibits 1 and 2, attached hereto and incorporated herein by this
reference, in accordance with the provisions of the California Eminent Domain Law
and the Constitution of the State of California;
b. To acquire the Property in fee simple absolute;
c. To prepare or have prepared and to prosecute or to retain counsel to prosecute in the
name ofthe City of Redding such proceedings in the proper Court as are necessary for
such acquisition; and
d. To deposit the probable amount of compensation based on an appraisal, and to apply
to said Court for an Order permitting the City of Redding to take immediate
possession and use of said Property for said public uses and purposes.
I HEREBY CERTIFY that the foregoing resolution was introduced, read and adopted at
a regular meeting of the City Council of the City of Redding on the 3rd day of October, 2006, by the
following four-fifths or more vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Dickerson, Mathena, Pohlmeyer, Stegall, and Murray
None
None
None
Attest:
) J) ..} /.:'
:; f,' J _j'_, I
., .,_ " I .J j.., / ;
..." "'....
" ,~ i))' >,'
", '}~ i_, ~, ) (~~ \.
e.
Form Approved:
. -
,. '.~
\. -: .,>,' (. ;
)., ...
. ~:'. .~ .':' ,\ ,~ , '
'.
\ .
3
f
Exhibit 1
. POCKET AREAS ANNEXED TO THE
CITY OF REDDING IN 2000
N
s
%
~
TARMAC/ABERNATH'f
. (ANNEX. 99-5)
(11 METERED SERVICES)
SAtE'*"*'.
LEGEND
r:d, ., CITY LIMITS
1IW!!l~ AREAS ANNEXED IN 2000
_<1 REV.&mI1S
001400111.01104-10101-0101
e
e
ANNEXATION #98.1 88-1 811-1 811-1 119-1 &1 IIIl-l 81101 8' 1lIl-' 811-1 &1
LOCATION ~ Easl CVDr8Ss 58 59 60 81 82 63 84 65 66 67 68
Assume 50% OMIership o(Pole lIse/fil JP JP lIP JP )
Joint Pola IJP) JP
Year of Birth ~ 1978 1979 1979 1978 1878 1979 1878 1878'1879 1979 1979
Ave Bilth Year of All PDles 1879
ConstrueUon Unit j Tolallne 50% JP
35' Pole 0
40' Pole 4.5 1 1 1 1 .'1
45' Pelle . 3 ;'. , .1 :, ,~ '..:",1 ;. . .1
50' Pole 0
55' Pelle 0
KPF Air Swilch 1 1
RIser Br.lcIcet 0
Slee! BI3CkeI for Pole Ton Insulator 3 1 1 1
9" Steel Brackels 6 2 2 2
B'- 3 1 I 1
0
7 2 1 2 1 1
Ann 1 1
Sin Ear Bracket 0
SecondalV Rack 0
AnChor 9 1 2 1 2 I 2
!GiN 9 1 2 I 2 1 2
SDan -GiN 1 1
Extension BraCket for 50001 and Clevis 1 I
SnMI and Clevis 7 1 3 3
Seeond:uv Dead End 0
Slrllelliahl 0
1000AXFMROH 1 1
15kVAXFMROH 2 1 '.4
25 kVA XFMR OH 0
50 kVA 1 Phase OH 0
78kVA3PhaseOH 0
75kVA 1 PhaseOH 0
100 kVA 1 Phase OH 0
112.5 KVAOH -3 Phase 0
50 KVA PadMl Xfmr S1n!118 Phase 0
225 KVA PadMl Xfmr 3/ll. 0
300 KVA PadMlXfmr3/ll 0
UnhlninnAneslor 4 2 2
Culaul. Arm Mcun1ed lor XMFR 0
Bush""'-Mounled Culouts 2 2
Bracket (or Closed Della Bank 0
i Della llIad<et 0
HOl :IlIftID 2 2
.IV Dead End Insulator 30 3 6 3 3 6 6
PrImary PosIlnsulalor 6 3 3
Prfmary Pin Insulalor 18 I 1 3 1 3 3 3
SeeondaN Pin InsuJalor 2 2
Prlmatv Une Fuse CUIoul 0
Potheads 0
#2 CU Bane 1000en Wil8 SseondafVI 520 520
Duolex Feell 0
I1I2Trlriex #01 ServIeeS 0
#2 rrlri x Servfce Feel) 0
110 'friii ex 1# of SeNlces) 4 '2 .. 1 1
110 Tn. Imr 5eJvice Feet 295 175 80 40
II! 0
110 0
410 0
4ID 0
lJO 0
350 eMGes 0
350 MCM UG SeNtce Feet 0
700 MeM UG Servfce (# 01 ServIc:8S 0
700MCM UG ISeMC8 Feel 0
1000 MeM UG Setvice (# 01 Servle. 0
1000 MeM UG SeNfce Feel 0
#4 ACSR IFeel 01 ConduClor 762D 835 835 42D 1755 705 520 810 815 765
#2 ACSRIFeel of ConduClOrl 0
410 UG Slnlll8 Cond I#ofServfces) 0
4IOUG SinoIe Cond IServfce Feet 0
__I 0
410 UG . Feell 0
#2 AI P I (Cable Feell 0
110 AI nma Uo lCable Feel 0
Secondarv Riser 1 1
PrlmaN RIser 0
UG CanduR (Conduit \\t1lCh contains
abovelisled prIma~:md secondary cable
. NOT 811\DtVcondUU 0
UG Pri/naNBoJd3' x 5' aODrOle) 0
UG Tsnninalions (incllidlng Padmounl
XMFR lenninationsl 0
SecondaN UG Box 0
Nole 1: ltams Highlighled were estImall!d
Note 2: Unlls of an single conductors are In leel or individual conducror nol cll'CllR feel For exampla a 300 1001 span of
3 phase It2 ACSR Is fisled as 900 feel 01 \\lra. AU 1/lplex and dlllllex conductors are consider a $Itlgle una so a 100 teOl
.span of 110 Is listed as 100 leet
Inventory Area 98-1
EXHIBIT 2
(page I of 8)
R. W. Beck, Inc.
IP)
..Jt + r
2157
~
.i
IQ /'"
- '1-'-
a 1\
'.f'cr.
I .,
s
II
e
JI,'" .,; ~ ,~"'.. T I:'if' I, -I 'l'11'" I
UN /W!ZNf' F.u'N
~
j
S
Ii
i~ I
~i
'PRESS AYE.
il
.ta
;'(#1
t.. .
"a
i_,
I
+
.4tQ.,'
..,~
(P,UG.J
... ....,..,...""'"
13.1],10 .,.10lIO lU 1550l
-
---,.._--_...._~
IIlII
1873
IIllCI
.e
(f
i
<$
~
Q .'
e
liTl
!
i
......
EXHIBIT 2
(page 2 of 8)
e
e
ANNEXATION m.! .2 .2 . -..- - - &2 .... .2 - ... ..2 IN ~ .... .. .. sd-2 ... .2 .. .... ....
U!l:ATION - Lake Boulevari! I 2 3 45A 58 5C 50 8 7 8 9 10 11 12A 128 13 14 15 16 17 18 19 2lI 21
JoIn\ Pol. (,/P\ oell..\III JP JP JP JP JP JP JP JP
JP JP JP JP JP JP JP JP JP JP JP JP
V.....18irlh 100' ~~_~_~~~-~~~~-~-'~__~_10 IIlJ1l 181&
Av. 81Jlh Year 0/ AU Poles ." 1084
con_otIon Unit I Totalllne 50% JP
35'POIe 0.5 1 ,
40'Pole 0.5 1
45' Pole z.s 1,'1 , 1 .'.1 1 1 1.' I 1 1 ,.1 ~ .1
511 Pole 1 1 '1 t
5Ii'~e 0.5 1
KPF PJr Swilc:h 0
Ris!t BracIall 3
5leel e.._1or Pole T.n Insulator 2 I
9" SIeol e_ 8 2 2 2
4' St8eI Ann 10 , , , 1 1 1 , 2 1
Aiiifclno Ann forCu\olJlS .4 t t
$iMle 8' x-AmI \5 1 2 I 2 I 1
00ullI. 8' X..Ann & I 2 2
SiM!eEar_ 2
se=rularv Raell 3 , I 1
AI1CIIllr 20 I 1 t I \ 1 1 1 1 2 \ 2 1 I
1---- 20 1 1 I 1 1 1 1 I 1 2 , 2 1 I
1 ,
0
Clwls 1. \ 1
De... End 5 \ 1 3
8 1 I
OH 7 1 1
OH 4 1
OH 2 I
50 ILVA I Ph... OH 3 , ,
75 ILVA 3 Phase OH 1 1
T5 WA \ PIIase Ol\ 2 1 I
1 I
1 1
P- 2
1
1
19 2 2 2 2
1M XMFR 17 3 3 2
11 2 2 2 2 2 3
k 1
3 1
Hot a- 5 3 3 2 2
48 2 2 2 4 2 2 2 . 2 . 5 8
8 2 2
., 2 2 2 2 2 2 2 2 2 2 3 2 3
17 3 3 3 8
11 2
.9
18 WInl Second 570
&05 150
of . 1
180 30
I/O 11 .. '1 -.2
110 890 ;'60 100
110 . 2 .1
I/O ex ce .eI' 240 .100
T olSetvicesl I
4/01 ex Feet 60
l/OAWAC eel 210 as
:l5O 3
350 1440
100 2 1
450 . 240
I 1
..F.. 510 570
,,' B305 280 eoo 400 00 400 4&0 300 420 150 320 380 300 .so 345
700 500 2M
4 I , . , ,
1&75 .890 .890 225 ISO .120
B
410 UG 820
112 AI 3975
1/0 AI 480 480
B 1 1 1 1 ,
or 4 1
. nduil__ .,
~; =.= and seoondstY cable 2475 "" 150 200 75 - 75
UG PrimaN Box 13' x 5' aD.roxl 2
UG Toumlnallons ~~udlng Padmounl
XMFR t.rmlnal!IlnSl 19 2 2
5ecandiniUO Box 2
Nolel. hems Hlghllgl1ledwere esllmaled
Note 2: Unils 0' all slngIe cancluctDrs "'Bin leel Of Indivlclulll condudor no! circuli leeL POI examplB a 300 Ioolspan 01 3 phose 12 ACSR Is lI,led as 900
leel of \\ire. AD bfplex and du~8X canductDrs 318 consider a slngle unit so a 100 1001 &pan of 110 Is lIsled.. 100 feeL
EXHIBIT 2
(page 3 of 8)
OOI.lIOIll-Olloc..l010l-G101
Inven10ry Area lIll-2
R W. Bed<, lne.
e
e
IANNEXA1lONWW
IUlCATIOH ~ LIll8 B.lI1OVlIt.
........,....."
~~~~~~~~I~~~~~~~~~~~I~~~
~ ~ ~ ~ ~ v ~ ~ ~ ~ R ~ M ~ ~ ~ " ~ ~ ~ ~ ~
JoiIlI Pole (JP)
V....olBirt/l
Ave Blnn Vear or All Poles
JP JP JP JP JP JP
~~~~--~~~~-~~~--~-~-~~
eanatructl.nllllU I
35'''''le
40' Pole
45' Pole
serPeI.
IPole
$wild! Pllle To.lnsuI3lJl.
CUIIIUlS
B_
S."lIId IIad<
IA/lCnor
_far SmoI.nc1 Clevis
C1evls
Dead End
151lVA
25kV
5OkI!
75k1!
75k1!
l00~
11
OH
OH
Olt
Phase
UhInl_
Cutout- AIlf1 _eel IlIr lCMFR
C...."'"
DeRa_
....,
ulalGt
lIIor
ImuIoIot
CWl1ll
_Seoo-
Ices
110
110
110
110
4/0
410
110
F
4/ll
410 eCO
4IllUG1~
4/llOO Tri ex
ltZAlPri
110
F....
.midi amtaIns
~V:~~I~'ecandaJYcabIe
UG P Box 3'. 5' a......,
:::,,~~~udlng Padmounl
SIlCIltldONUG Box
Hole 1: """" HighlIghled ~ es1lmated
Nola 2: UniII 01 all 1Ing1. candudOl$ are I
leelolwlre. All lrillleaand duplex candllCl
I..
1 1
1 1
1 1
2
2
2
1 3
3
3
., t
. .0
1 2 1
,00 225 15
1
,.0
1 5
2 1
lOBO 360
1
10
..1.2 .3
tOO ,50 . 220
1085 375 380 1125
,
2
150
515 1~
1
80 3'5 380 270
1
B 3
1 ,
Invenlory A,ea 119-2
-f
2
111110
100
1 1 .,
f
2
f 1 2 1
1 1 1
1 1 1
1 3 3 , 1
o
2
3
3 3
2
3
3
570
230 120
1
100
,
175
690 570 380
450
110
2
1
1
75
1
50
EXHIBIT 2
(page 4 of 8)
R. w. 8eck,/nc.
e
"lit
-------......--- /;-
N
I
~
\!'-
~
~
~
..:
"'(
-+
@)~: +
~ -4.
u (lI'WI
--
~-
--- .
~
\
,
, ~@
\@ ~~.
.(/'.1'01'",. <<foVay
e
e
I
I
I
I
I
I
I
------__--1.
Ii!
l.i\
,
~
:IV! 0/1
1:>
...
~
~;- ~ -; 0/-;- ~ --
~
N
:f
~
on
,.;
..,
:2
Q
~
~
'<
~
~
......
.......
, ......
.......
, ...... '
......
lI.lilH'
, .......
!It \,~ ' ......
pG .
---
I
1.-'
"
I
III...,
~ ~
i
g
~
~
..,
+
~
s
~
S
~ ~
@
;g
L___
;4
r.lSms ,(0 .lJNOIJ3
tlNlql1lll ,(0 .t.w
h
..,
~
I OOlorl
I ~
1$
I
I
I
Iii,
.
I
EXHIBIT 2
(page 6 of 8)
o
~
e
e
ANNEXATION,aa-5 ~ lIO-S _ - llN ""5__ GN 55 - - ON -
LOCATION _ Tarmac/AbernalhY 44 45 46 47 48 49 SO 51 52 53 54 65 66 67
Assume 50% Ownership of Pole Ilself If
JoInl Pale IJP'- JP JP JP JP JP JP JP
Year of Bir1h 1983 187 6.1983 197 8 1976 .1983 198 3 1983 1963 1975 1961 198 2 .197 I \971
Ave BlIfh Year of All Pcles 1978
ConiUUcllon Unlll Total/lne 50% JP
35' Pole 0.5 1
40' Pole 1 1 1
4ti' Pole 6 :~ ":':1 I 1 1 1 1 . .1 .1
50' Pole 0
55' Pole 0
KPF Air S1Mldi 0
Riser B/llckel 0
Sleel Bl3cket for Pole Ton Insulator 2 t 1
9. Steel Brar:kelS 8 2 2 2 2
4' Steel Ann 5 1 I t 1 1
AMien" Ann forCuloulS 1 1
SiiiQle 8' lC-Ariii 4 2 1 1
Double 8' X-AiiIi 2 1 1
Siii!ile Ear Ilr.ickel 0
Secondarv Raclc 3 1 I I
AnCllor 13 1 1 I 1 1 1 1 1 1 , 2
Gw 13 t 1 , 1 1 1 1 1 1 1 1 2
ISiiin GiN 0
Exlenslon SlackeIlor SoIiel and C1avis 3 1 1 1
SoOOl and CleVIs 5 1 , 1 1 1
Secondarv.Dead End 2 1 1
II 0
10kVA OH 4 , ..1 2 1
15kVA OH 2 1 .-"1
25 leVA OH 2 1 ,
50 leVA OH 0
75 kVA OH 0
75 kVA 1 PhaSe OH 0
f:'r-: ~ 0
112.6KVA _ 0
50 KVA Sinale Phase 0
226 KVA 3a 0
300 KVA 3111 0
Inln 9 2 3 2 2
Cutoul- Ann I.fcUnled for XMFR 2 2
Bushlna Mcunled Culaulll 6 2 3
B/llclcel for CloSed Della Bank 0
oiiiinDella Bracki!i 1 1
Iii 3 3
End:Ulatcr 30 4 2 6 3 4 2 2 1 3 3
10 2 2 3 3
/alar 8 1 3 4
Seconcla PIn Insulalor 1 1
fprlm;irv Line Fuse CulaUl 0
[Potheads 0
fl2CUIIartI nn....-w/re Secon"""" 0
0
II 6 1 1 3
fI2 eFearl 335 .76 60 210
1/0 2 1 1
lID Fear 70 40 30
1/0 of Services 2 ; "1 1
1/0 ServlcaFeetT 250 100 '160
4/0 rtlelc of ServlciS 1 1
410 Feer 120 120
1/0 Alii 120 120
350 IIlCM SeIvIces 0
350r.tcM 0
700r.tcM 0
100 IIICM UG S 0
1000 MCM US S9fVica #ofServIllS'- 0
-- 0
fI4 0 CllIIIlumlri 2140 520 1620
fI2 Conduclarr 4810 735 1245 1260 380 720 490
41i> /lot Services 0
410 Cand ISeMce Feel 0
410 tlofS9fVices 0
410 U rvlce Feell 0
fI2 Callie Feetl 0
I/O AI i1Cable Feell 0
SeCOlldaN RIser 1 1
Primarv Riser 0
UG Conduil CCOndull which conlalns
above Isleet 1Mlma~I~nd secondary cable
. NOT lIIlolvCOnduil 0
UG Ptimant Bo~ I~ . 5' apsxriX\ 0
UG TerminalionS(Iii'CIud"IRg Padmounr
XMFR termlnationsl 0
SeconrliN US Box 0
Nole 1: Items ti'llhllghfed were eslirnaled
Nole 2: UnllS of aU sl/Igla COllduclors are In feet of indMdual COnduclor nOl c1rcuft feeL For example a 300 fOCI span of 3 phase tI2. ACSR is
lislsd as 000 feet ofwll8. An Irlplex anlf dUple. conduelors are consider a Single unil so a 100 foOl span of 110 is lIsled as 100 feal.
001400/f 1-{)1104.10101-ll101
InvenlolY AllIa 99-5
EXHmIT 2
(page 7 of 8)
R. W. Beck, Ine.
I
~@) I
~ N
~
e
IT
1
.....-.....--.......-.--..--- e
'Or
t-..
1'l
~
in
lNqZ It)~
'"
i
..~ E,
~ ..
.. Ii:
'" ~
o@> @)
...
.!.
.. I
;l
~ .... I
'"
11
J, @Sl
..
I
@L
<> ~@ (i,
o It) (:mid)
l.t\ ii @ ~
~ ~
@
~
~ + +
\--= ~
~ ~ ~
~ ...
~
~
"<
~
.~
l
~
It)
..-
Sl
:"
on
~
:s u
)C it
~ ~ ..
~ .. ~
...
~ ~ ~
~ ~:& :)YV 9SS st~ ~
OJ
V1X 0001 C) ~ ..
EXIDBIT 2
(page 8 of 8)
~ ;
,..13!':!t
~ ':"
'"
"'.
N"]
o
l
e
e
C 11'lf' b I" ." ~." I'.'.. JD'", Ii; lNl'" " ~'\.:
. ':-~, of, '; ~,: . ".~' - ,.>,., '-~. . J,~:. ,~~'~, ~~~;. , ", M'" t t"
; J, :.;.,~,.~'J',,/ '.,.;,:,.'.~J,.;.,..~ ..C\, , ',;';'.'
. "
OFFICE or THE CITY ClERK
777 Cypress Avenue, Redding. CA 96001
, ,
P.O, Box 496071. Reddin$. CA 96049-6071
530.225.4055 FAX 530.225.4463
Connie Strohmayer, City Clerk
Toni Shennan. Assistant City Clerk
NOTICE OF HEARING REGARDING THE INTENT OF
THE CITY COUNCIL OF THE CITY OF REDDING TO
ACQUIRE PROPERTY BY EMINENT DOMAIN
Via Certified Mail, Re'tllrn Receipt Requested
and Regular Mail
Ron White
Service PllliUling Supervisor "
Pacific Gas & Electric Company ,
3600 Meadow View Drive
Redding, CA 96002'
Re: Notice of Hearing Regarding Adoption of a Resolution of
Necessity to Acquire Property by Eminent Domain'
(California Code of Civil Procedure ~1245.235)
Dear Mr. White:
1. Notice of the intent of the City Council ("Council") of the City of Redding ("City") ,
to adopt a Resolution of Necessity. The Council intends to consider the adoption of a Resolution
of Necessity on Tuesday, October 3, 2006,' at 7 p.m" that, if adopted, will authorize the City to
acquire electric distribution system facilities in Annexation Areas 99-1 (East Cypress), 99-2 (Lake
Boulevard), and 99-5 (Tannac/Abernathy) in Redding, California ("the Property").,
In June of2000, the City of Redding annexed Area 99-1 (East Cypress). Area 99-1 consists
of electrical facilities with an overhead distribution line serving five residential customers in a
primarily rural area.
In September of2000, the City of Redding annexed Area 99-2 (Lake Boulevard). Area 99-2
includes some comm~rcial development and two trailer home parks and two RV parks which are
master metered. (One of the RV parks is part of the larger mobile home park.) The electrical
facilities to be acquired include both overhead and underground distribution facilities.
In September of2000, the City of Redding annexed Area 99-5 (Tannac/ Abernathy). Area 99-
5 is located near the Redding Sports Complex. The electrical facilities to be acquired consist
primarily of overhead distribution facilities.
Exhibit 3
e
e
Notice 'of Hearing
Page 2
. .
. A copy of the proposed Resolution of Necessity that will be recommended to the City Council
for adoption accompanies this Notice. A map showing the location of the three annexation areas
within the City of Redding is attached as Exhibit 1 to the proposed Resolution of Necessity. A
detailed inventorylistmg an.d maps oillie electric distribution system facilities to be acquired in ~ach
areaare attached as Exhibit 2 to the.proposed Resolution of Necessity. The City of.Redding
proposes toacquke all property tjglits in the. electric distribl1tion facilities' detailed in Exhibit 2. T1je
. proposed acquisition is hereinafter referred to as '~he proposed project"
2. Notice of your right to appear and be heard. Pleasetake notice that the City. Council
of the City of Redding, at its regular meeting to be held on Tuesday, October 3, 2006, at7p,m.~ or
as soon thereJUler;" the matter IDaybe heald, in the City CoUncil Chambers located at 777Cypress
Street" Redding, California, will hold it hearing on whether such a Resolution Of Necessity should
be addpted;a.s reqUired by CaHforniaCodeof Civil ProcedUre ~ 1245.220, for the commencement
of an eminent domairiproceeding to acquire real property. '
". -
- .
You 'have aright to appear and 'be heard before the Council at the above scheduled hearing
on the following matters and issues; and to have the Council giVe judicious consideration to your
testimony prior to deciding whether or not to adopt the proposed Resolution of Necessity:
a. Whether the public interest and necessity require the proposed proj ect;
b. Wh.ether the proposed project js, planned or located in the manner that wilL be most
compatible with the greatest public good and .the least private injury;
c. Whether the' property soughtto be acquired by eminent domaln and descritled'in the
Resolution of Necessity is necessary for the proposed project;
d. Whether the offer required by Government. Code ~n67.2(a), together with the
accompanying statement and summary of the basis for the amourit established as just
compensatioll, was actUally made to you and whether said offer and statement/summary
- - were in a form and contained aU of the factual infonnation required by Govemnient Code
972672(a), a copy ofwhlch is attached hereto.
e. Whether the City of Redding has complied with all conditions and statutory requirements
necessary to exercise the power of eminent domain (the "right to take") to acquire the
property described herein, as. well as any other matter regarding the right to take said
property by eminent domain; and
f. Whether the City of Redding has statutory authority to acquire the property by eminent
domain.
The statutes that authorize the City to acquire the property by eminent domain ate Government
Code 9~ 37350.5 and 39792.
3. Failure to File a Written Request to Be Heard Within Fifteen (15) Days after the
Notice Was Mailed Will Result in Waiver of the Right to Appear and Be Heard. If you desire
to be h""'d. please be advised that you must file a written request with the City Clerk of the City of
Exhibit 3
e
e
. Notice of Hearing
Page J
Redding within fifteen (15) days after this Notice.was mailed. You must' file your request to be
heard at the office of the City Clerk located on the third floor of the Civic CenterJ 777 Cypress
A venueJ Redding, California 96001-2817.
Should you elect to mail your request to the City Clerk, it must be aetuaIlyreceived by the
City Clerk for filing within fifteen (IS) days after this Notice was mailed. .
The date of mailing appears at-the end of this Notice.
California Code of Civil ProcedUre ~1245.235(b)(3)provjdesthat "failure to file awriUeli
request to' appear and be heard Within fifteen (15) days after tpe Notice was lIlailedwiU result in .
waiver.ofthe right to appear and be heardu oil the a~ove matters ai14 issues whicH are the subject6f
the heating. .' "
. .
Uyou elect not to appear an.. be heard in regard tocompensation,yoilrnonappeara.ce
will Dot be a waiver of your righttoclaim greater compensation in a court oflaw. Theamomot
to be paid for the property will not be considered by the Council at the hearing.
. , Uyou elect not to appear and not to behear~ you'.. failure to appear will be a waiver
of your right to later challenge the rightofthe City to. take the property by eminent; domain.
The amount of the compensation to"bepaid for the acquisition of the property
is O,ot a matter or issue being heard by the Council at this til11e. . Your
nonappearance at this noticedhearirig will not prevent you from claiming a
greater compensation, i.n alid as determined by a court of law in accordance
with the laws of the State of California. This Notice is not, inte~ded to
foreclose :future negotiations between you and the representtitives of the City
on. the amount of compensation to be paid for your property.
If you elect not to appear and not to be heard, you will only be foreclosed
from raising in a court oflaw the issues which are the subject of this noticed
hearing and which are concerned with the right to take the property by
eminent domain. .
4. Ratification of fOrmal offer to purchase real property. The City Council hereby
ratifies and restates' the formal offer made to you by the City of Redding on August 9,' 2006, in the
amount of $209,900.
lfthe Council elects to adopt the Resolution of Necessity, then within six (6) months of
the adoption of the Resolution, the City will commence eminent domain proceedings in the Superior
Court. In that proceeding, the Court or jury will detennine the amount of compensation to which
you are entitled.
Exhibit 3
e
e
Notice of Hearing
. Page 4
Dated: Septemher 15, 2006
, City Clerk
. .
Ene.. Copy of Government Code ~ 7267.2( a)
V.~~~""""'_~''''''''''I'''''.""
Exhibit 3
e
e
"
Government Code ~7267.2. (a) Prior to adopting a resolution of necessity pursuant to
Section 1245230 of the Code of Civil Procedure and initiating negotiations. for the
acquisition of real property, the public entity shall establish an amount which it believes to
be just compensation therefor, and shall make an offer to the owner or owners of record to
acquitethe property for the full amount so established; unless the owner cannot be located
with reasonable diligence. The offer may be conditioned upon the legislative body's ,
ratification of the offer by execution of a contract of acquisition or adopti~n of a resolution
of necessity OI: both. In no event shall the amount be less than the public entity's approved
appraisal of the fair market value of the property. Any decrease or iI.1crease in the fair market
value of 'real property to. be acquired prior to the date of valuation caused by the public
improvement for which the property is acquired, orby the likelihood that the property would
. be acquired for the improvement; other than that due to physical deterioration within the
reasonable control of the OWner oroccuparit, shall be disregarded in detennining the
compensation for the property. ' ,
Exhibit 3