The URL can be used to link to this page

Home My WebLink About06-075 CC Resolution I I I RESOLUTION NO. 06-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE CITY MANAGER TO TAKE CERTAIN ACTIONS RELATING TO THE OBTAINING OF APPRAISALS AND MAKING OFFERS TO PURCHASE REAL PROPERTY FOR CERTAIN ACQUISITIONS OF PUBLIC RIGHTS OF WAY THE CITY COUNCil OF THE CITY OF TEMECUlA DOES HEREBY RESOLVE AS FOllOWS: Section 1. The City Council finds, determines and declares that: a. The City's approvals of residential subdivisions are extel:1sively conditioned to provide for public improvements necessary to serve the project, such as roads and storm drains both within the subdivision and off-site. . b. The City often requires as a condition of approval that the developer of the subdivision make a good faith effort to acquire real property or portions of real property for the rights of way to be conveyed to the City and on which the developer will construct the necessary public improvements. c. If the developer cannot acquire the rights of way to construct the public improvements after good faith negotiations with the property owner, the developer has the right under Government Code Section 66462 to request the City to obtain the right of way at the expense of the developer. If the City is unable to acquire the right of way sought for construction of the public improvement mandated by a condition of approval, then the developer can be relieved of the condition requiring construction of the public improvement. d. When a request pursuant to Government Code Section 66462 is made, the City enters into an agreement with the developer pursuant to Government Code Section 66462.5 providing for a cash deposit in an amount estimated to be the cost to the City of obtaining the right of way and for the contribution of additional funds as necessary. e. As the City has received, and expects to continue to receive, many requests pursuant to Government Code Section 66462.5, the delegation and procedures set forth in this Resolution will enable the City to more efficiently administer certain of the acquisition procedures set forth at Government Code Section 7267.2. Section 2. Where a developer and the City have entered into an agreement pursuant to Government Code Sections 66462 and 66462.5 for the acquisition of real property for right of way, the City Council hereby delegates to and authorizes the City Manager to obtain an appraisal of the subject property, determine fair market value, R:/Resos 2006/Resos 06-75 I I I make an offer to purchase the necessary rights of way for the public improvements and negotiate with the property owners in accordance with the following requirements: a. The City Manager shall direct the City Attorney's office to engage a real property appraiser whose accreditation as a California Certified General Real Estate Appraiser or an MAl is current to prepare an Appraisal Report of the real property for rights of way to be acquired ("subject property"). b. After engaging an appraiser pursuant to Section 2.a., the City Manager or his or her designee will provide written notice to the property owner of the proposed appraisal inspection in accordance with the California Code of Regulations, Title 25, Section 6182. c. Upon completing the Appraisal Report of the subject property the appraiser shall certify the following: Report" · The appraisal report is a "Complete Appraisal - Summary · Any data not contained in the Appraisal Report are maintained in the appraiser's files · The Appraisal Report has been prepared in conformance with State and, whenever applicable, Federal, real property acquisition requirements, the Code of Professional Ethics and Standards of Professional Practice of the Appraisal Institute, and the Uniform Standards for Professional Appraisal Practice (USPAP) adopted by the Appraisal Foundation · In arriving at his or her opinion of the fair market value of the subject property, the appraiser has used the fair market value standard set forth in Cal. Code of Civ. Procedure Section 1263.320 · The appraiser has no direct or indirect present or contemplated future personal interest in the subject property or in any benefit from the proposed acquisition by the City . The appraiser has the necessary education and experience to complete the appraisal assignment d. The City Manager shall request that the City Attorney's office review the completed Appraisal Report. The City Attorney shall recommended approval of the Appraisal Report to the City Manager if the City Attorney determines that: · The Appraisal Report is complete for the purpose of setting just compensation for the subject property pursuant to Government Code Section 7267.2; · The date of value used by the appraiser is a date not more than four (4) months prior to the date proposed for approval of the appraisal by the City Manager; R:/Resos 2006lResos 06-75 2 I I I . The appraiser has used accepted appraisal methods that are appropriate to the appraisal assignment, including determining the highest and best use of the subject property and the applicable zoning; . The appraiser has disregarded any decrease or increase in the fair market value of the subject property prior to the date of value caused by the public improvement for which the property is sought; · Where appropriate the estimated just compensation for the subject property and the estimated just compensation for damages to remaining property are separately stated, with calculations and narrative explanation; that the value conclusions do not include elements determined to be non-compensable under California law; . Any special assumptions identified in the report are acceptable and appropriate. e. When the conditions for approval of an Appraisal Report set forth in Section 2.a., b., and c. of this Resolution are met, the City Manager may approve the Appraisal Report. If the Appraisal Report is approved by the City Manager, the City Manager shall then establish the amount of total just compensation for purposes of making an offer to the property owner pursuant to Government Code Section 7267.2 and the applicable state regulations. The City Manager shall establish the amount of total just compensation at the full amount set forth in the approved appraisal for the fair market value of the real property to be acquired, including where appropriate any amount for damages to remaining property. f. When the City Manager has approved an appraisal report and set just compensation for the real property to be acquired, the City Manager shall expeditiously make a written offer to the property owner to acquire the subject property. Said offer shall be in conformance with Government Code Section 7267.2 and the California Code of Regulations, Title 25, Section 6182 and in a form approved by the City Attorney. g. The City Manager or his or her designee shall then conduct negotiations with the property owner for the acquisition of the subject property in accordance with Government Code Sections 7267, et seq. and California Code of Regulations, Title 25, Section 6180, et seq. and any other applicable law. h. If the City Manager or his or her designee and the Property Owner concur on the terms for the City's purchase of the subject property, the City Manager shall bring a proposed purchase agreement to the Council for its review and, if acceptable, approval. The City Manager shall not recommend a purchase price for the subject property that is less than the award of just compensation set for the subject property but may recommend an amount greater than the amount of just compensation. Nothing herein shall authorize the City Manager or his or her designee to enter into an agreement with a property owner for the purchase of property. R:/Resos 2006lResos 06-75 3 I i. If the City Manager and the Property Owner cannot agree upon terms for the City's negotiated purchase of the subject property, the City Manager shall set the matter for further consideration by the City Council. j. Prior to the time the City Manager makes a recommendation pursuant to Section 2.h. or sets the matter for future consideration by the City Council pursuant to Section 2.i., the City Manager shall prepare a written memorandum to the City Council summarizing compliance with this Resolution. The City Council shall not authorize a purchase agreement or take further action with respect to the subject property until it has made a finding that the City Manager has complied with this Resolution. Section 3. The City Clerk shall certify to the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 22nd day of August, 2006. GCXl- Ron Roberts, Mayor I A TTE~.T: > IJ. ~ I R:/Resos 2006/Resos 06-75 4 I I I STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 06-75 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 22nd day of August, 2006, by the following vote: AYES: 5 COUNCIL MEMBERS: Comerchero, Edwards, Naggar, Washington, Roberts NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: COUNCIL MEMBERS: None ABSTAIN: 0 None / R:/Resos 2006lResos 06-75 5 ) n W. Jones, MMC City Clerk