The Public Works Director may acquire real property necessary
or convenient for an approved City project in accordance with the
procedures established by this chapter whenever the acquisition is
consistent with any approved budget and funds have been appropriated.
Inclusion of a capital project in an adopted budget constitutes authorization
for the Public Works Director to acquire all real property necessary
or convenient to implement the project subject to appropriation. A
project subject to the California Environmental Quality Act or National
Environmental Policy Act will not be deemed approved for the purposes
of this subsection until after completion of applicable environmental
review.
(Ord. 6143, 2/27/2024)
The Public Works Director shall comply with applicable State
or Federal laws governing the acquisition of real property, including
the relocation assistance act (California Government Code Section
7260 et seq.). Acquisitions under this chapter must be for fair market
value and by voluntary negotiation.
(Ord. 6143, 2/27/2024)
The Public Works Director may not acquire property contaminated
with hazardous materials or hazardous waste unless a remediation plan
has been approved by Federal, State or local agencies with jurisdiction
and the remediation plan will be implemented at the cost and liability
of the person conveying the property, or unless the acquisition has
otherwise been authorized by the City Council.
(Ord. 6143, 2/27/2024)
When the City Council has adopted a resolution of necessity
for acquisition of property by eminent domain, the Public Works Director
and City Attorney are authorized to take all actions necessary to
accomplish the acquisition, subject to appropriations.
(Ord. 6143, 2/27/2024)
Acquisition of real property includes, without limitation, purchase,
license, easements, acceptance of gift, dedication, or bequest, or
any other lawful means of conveyance of any estate or interest in
real property. The Public Works Director may execute, subject to approval
as to form by the City Attorney, any contract, lease, easement, deed,
license, certificate of acceptance or other document necessary to
accomplish the transfer to the City of any estate, interest, or right
in land to implement the authority delegated under this chapter. Leases
of property shall not exceed five years unless separately approved
by ordinance adopted under Charter Section 521.
(Ord. 6143, 2/27/2024)
