75D - PH - ACQUISITION 1922 AND 2002 W 5TH ST

Home Browse Search

May 17, 2017 Page 2 You have the right to appear and be heard before the City Council at the above scheduled hearing on the following matters and issues, and to have the City Council give judicious consideration to your testimony prior to deciding whether or not to adopt the proposed Resolution of Necessity: Whether the public interest and necessity require the proposed project; 2. Whether 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; 3. Whether the subject properties sought to be acquired by the exercise of eminent domain as described in the Resolution of Necessity are necessary for the proposed project; 4. Whether the offer required by Government Code § 7267.2 has been made; 5. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain (the "right to take") to acquire the subject properties, as well as any other matter regarding the right to take the subject properties by way of eminent domain; and 6. Whether the City has the statutory authority to acquire the subject properties by eminent domain. On June 1, 2017, a copy of the proposed Resolution of Necessity will be available on the City's websiteathttp://,,vww.ci.santa-ana.ca.us/coc/uanicIus asp within the agenda materials for the June 6`h City Council Meeting. Also, a copy of the proposed Resolution of Necessity will be available upon your request on June 1, 2017, for inspection at the office of the Clerk of the Council at 20 Civic Center Plaza, 81h Floor, Santa Ana, CA 9270. This Notice has been sent to you because your name and the above listed address appear on the last equalized tax assessment roll of the County of Orange as being the name and address for tax bills to be sent for the subject property. The statutes authorizing the City to acquire the subject properties by eminent domain for the proposed project include the City's Charter at § 200, Santa Ana Municipal Code § 41-781, California Code of Civil Procedure §§ 1240.010, 1240.110, Section 19 of Article I of the California Constitution, and California Government Code § 37350.5 and § 40404. If you desire to be heard, you must file a written request with the Clerk of the Council. The address for the Clerk of the Council is City Hall, City of Santa Ana, 20 Civic Center Plaza, M- 30, Santa Ana, CA 92702, and the facsimile number is (714) 647-6956. Alternatively, you may appear at the hearing and be given an opportunity to speak. The City will consider any written observations you may wish to submit before the hearing. Failure to comply with the provisions set forth above will, under California law, result in a waiver of the right to appear and be heard on the matters and issues which are the subject of this hearing. 75D-158