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)