REP PWPC 061 08/19/1997 1996-1998

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Public Works and Parks Cormittee Report Comm. No. 249/Resolution No. 70 Page Three With respect to the notification issue, Members of Your Committee commented that the County should make every effort to notify people and give them every opportunity to respond as a matter of fair play. However, it was also noted that the applicable state law requires that affected landowners be notified of a proposed County condemnation action only after a Council resolution is adopted and that the County needs the ability to move forward in a reasonable manner. With respect to the matter of compensation, Council Member Chung observed that the United States Constitution provides that "just compensation" is the standard for compensation for a taking of property and the County is thus bound to pay the residents the amount that they are entitled to rather than an amount determined by any other means. On behalf of the affected Paukaa residents, Council Member Yagong moved to amend Resolution No. 70 to require that the settlement offer to the affected Paukaa residents must be reviewed and approved by the Council prior to proceeding with any construction right-of--entry process. Assistant Corporation Counsel Ted Hong, who has been assisting the Council regarding this matter as a substitute for Deputy Corporation Counsel Gerald Takase, was asked about the implications of this proposal. (See Communication No. 249.03.) Mr. Hong explained that his understanding is that this amendment would require the Corporation Counsel's Office to submit all settlement offers in condemnation actions to the Council for its approval. Mr. Hong remarked that the Court might be willing to appoint an arbitrator to arbitrate any differences. This could possibly occur during an executive session of the Council. Under this proposal, if the Council accepts the Corporation Counsel's recommendation, then the right-of-entry process could proceed. In response to further questions, Mr. Hong noted that fluctuations in settlement amounts might be used against the County unless differing valuations can be attributed to differing circumstances. He noted that he believed that the Council would approve the settlements for groups of affected residents rather than for individual residents on a one-by-one basis. Your Committee amended Resolution No. 70 by adding the following: "The settlement offer must come before full Council for review and approval before the right-of-entry of construction is permitted."