COUNTY OF SAN MATEO

Inter-Departmental Correspondence

County Manager's Office

DATE:

August 25, 2008

BOARD MEETING DATE:

September 9, 2008

SPECIAL NOTICE/HEARING:

15 Days

VOTE REQUIRED:

4/5ths

TO:

Honorable Board of Supervisors

FROM:

Steve Alms, Manager, Real Property Services Division

SUBJECT:

Resolution of Necessity for acquisition of real property located in the Unincorporated La Honda Area of San Mateo County for the purpose of making slope stability improvements to the Scenic Drive landslide

RECOMMENDATION:

A) Adopt a Resolution of Necessity to acquire, through the institution of eminent domain proceedings, real property located in the Unincorporated La Honda Area of San Mateo County for the purpose of making slope stability improvements to the Scenic Drive landslide, which property is identified as all of Assessor’s Parcel Number 083-133-080 and more particularly described in the attached Exhibit A (the “Property”).

VISION ALIGNMENT:

Commitment: Ensure basic health and safety for all

Goal(s): Goal 7-- The recommendation is consistent with the shared commitment to ensure basic health and safety for all, and with the goal of making government decisions that maintain and enhance the public safety of all residents and visitors. The acquisition of the property will provide for the construction of slope stabilization improvements for the La Honda community and Scenic Drive roadway with added protection against further land movement.

BACKGROUND:

The County seeks to acquire title to the Property for the La Honda Landslide Improvement Project ("Project"). While other surrounding properties will be impacted to a lesser extent, this Property is uniquely situated. Pursuant to the Project plan, slope stabilization remedial measures include the construction of stitch piers across the rear of the property, as well as the installation of drainage measures that would generally bisect the Property. Therefore, acquisition of fee title to the Property is necessary for the Project.

The Property is identified as all of Assessor’s Parcel Number 083-133-080, more particularly described in attached Exhibit A.

On October 30, 2007, this Board adopted Resolution No. 69071 authorizing the Department of Public Works to proceed with preparations for the construction of recommended slope stabilization improvements in the vicinity of Scenic Drive in La Honda such that the work could be underway at the earliest opportunity.

On February 12, 2008, this Board adopted Resolution No. 69258 declaring its intention to authorize work on the improvements. An assessment district, which would help finance the improvements, was created in April 2008.

DISCUSSION:

By adopting the Resolution of Necessity, the Board of Supervisors conclusively establishes the necessity of the acquisition of the Property.

California Code of Civil Procedure Sections 1240.010, et seq. authorize the County to acquire property by eminent domain. Before condemning property, the County must satisfy certain procedural prerequisites, including obtaining an appraisal, presenting a formal offer to the owner, providing notice to the property owner of the right to a public hearing prior to adopting a Resolution of Necessity, and adopting a Resolution of Necessity. In adopting the Resolution of Necessity, the Board must make the following determinations:

A)

The public interest and necessity require that the Project be undertaken,

B)

The Project is planned and located in the manner that will be most compatible with the greatest public good and least private injury,

C)

The acquisition of the property is necessary for the Project, and

D)

An offer has been made to the owner.

All of the procedural prerequisites to adopting the Resolutions of Necessity have been satisfied. Real Property Services engaged an independent real estate appraiser to prepare a appraisal report. An offer was presented to the owner based on the fair market value established in that appraisal. The offer included copies of the comparable sales data used by the appraiser to determine the fair market value. And the necessary notice was mailed and hand-delivered to the property owner informing him of his right to appear and be heard on items A) through C) above prior to the adoption of the Resolution of Necessity.

The purpose of the public hearing prior to adopting a Resolution of Necessity is to discuss the necessity of acquiring the Property by eminent domain. It is not appropriate to debate the value of the Property at the hearing.

County Counsel has reviewed and approved the Resolution as to form. The Director of Public Works concurs in this recommendation.

FISCAL IMPACT:

The Project is funded by multiple sources including the General Fund, an Assessment District and a State grant. The cost of acquiring the necessary property is included in the approved Project budget.