CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
6/23/2025
1 SUBJECT:
Adoption of Resolution Repealing Resolution No. 39-2018 (a Resolution of Necessity) that was adopted to authorize the acquisition of 310 and 320 Esplanade Avenue, Pacifica RECOMMENDED ACTION:
Adopt Resolution Repealing Resolution No. 39-2018 (a Resolution of Necessity) that was adopted to authorize the acquisition of real property commonly known as 310 and 320 Esplanade Avenue, Pacifica, CA 94044 for the 310-330 Esplanade Avenue Infrastructure Preservation Project and finding that the public interest, convenience and necessity do not require acquisition of the property for the project.
STAFF CONTACT:
Kevin Woodhouse, City Manager
650-738-7409
[email protected]
Michelle Marchetta Kenyon, City Attorney
[email protected]
BACKGROUND/DISCUSSION:
On September 10, 2018, the City of Pacifica adopted a Resolution No. 39-2018 (a Resolution of Necessity) pursuant to Code of Civil Procedure section 1245.235 to authorize the acquisition of approximately 74,670 square feet of property commonly known as 310 and 320 Esplanade Avenue, Pacifica, CA 94044 (the “Property”) for the 310-330 Esplanade Avenue Infrastructure Preservation Project (the “Project”). Before adopting Resolution No. 39-2018, the City had the Property appraised. That appraisal estimated the Property’s fair market value at $76,500. After filing the eminent domain action, the City deposited $76,500 into the State of California Condemnation Fund as the deposit of probable just compensation.
On October 9, 2018, the City filed a condemnation action captioned City of Pacifica v. Tong et al., San Mateo Superior Court Case No. 18CIV05455 (“Tong Action”) to acquire the Property by eminent domain from fee owners Millard W. Tong and Alicia W. Tong, Trustees, U.D.T April 30, 1990 (“Tong”). On March 18, 2019, the City took prejudgment possession of the Property pursuant to Code of Civil Procedure section 1255.410 et seq.
On June 5, 2021, the Honorable Marie Weiner, following a bench trial, entered a judgment finding that just compensation for the Property was $2 million. On May 22, 2023, Judge Weiner ordered the City to increase the amount of the deposit of probable just compensation from $76,500 to $2 million. The City withdrew $1,923,500 from its Disaster Accounting Fund (Fund 38) to make the additional deposit of $1,923,500 into the State of California Condemnation Fund.
The City appealed the Judgment, but on December 18, 2024, the California Court of Appeal Pacifica City Council 2
June 23, 2025
affirmed the Judgment.
On February 11, 2025, the City filed a timely notice of abandonment pursuant to Code of Civil Procedure section 1268.510(a). Tong filed the Motion to Set Aside the Abandonment on March 12, 2025. On June 4, 2025, the Honorable Nicole Healy denied Tong’s Motion to Set Aside the City’s Notice of Abandonment. Accordingly, the City is authorized to abandon the eminent domain action and to deliver possession of the Property back to Tong.
The City Manager and City Attorney’s office recommends that the Council adopt the attached Resolution repealing Resolution No. 39-2018 to formally declare and establish that the City no longer intends to acquire the Property for the Project through eminent domain, to remove any cloud on title associated with Resolution No. 39-2018 or the Tong Action, to authorize and direct that possession of the Property be delivered back to its fee owner, and to direct that the $2 million deposit of probable just compensation be withdrawn from the State of California Condemnation Fund.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
Enhance organizational and fiscal stability.
ENVIRONMENTAL REVIEW:
This Resolution is not subject to California Environmental Quality Act (CEQA) pursuant to section 15061(b)(3) as the activity is covered by the common sense exemption that CEQA applies to projects which have the potential for causing a significant effect on the environment.
FISCAL IMPACT:
None
ORIGINATED BY:
City Manager's Office
ATTACHMENT LIST:
Pacifica City Council 3
June 23, 2025
RESOLUTION NO. ____-2025
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA REPEALING RESOLUTION NO. 39-2018 (A RESOLUTION OF NECESSITY) THAT WAS
ADOPTED TO AUTHORIZE THE ACQUISITION OF REAL PROPERTY COMMONLY KNOWN AS 310 AND 320 ESPLANADE AVENUE, PACIFICA, CA 94044 FOR THE 310-330
ESPLANADE AVENUE INFRASTRUCTURE PRESERVATION PROJECT AND FINDING
THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY DO NOT REQUIRE
ACQUISITION OF THE PROPERTY FOR THE PROJECT
WHEREAS, on September 10, 2018, the City of Pacifica adopted Resolution No. 39-2018 (a Resolution of Necessity) pursuant to Code of Civil Procedure section 1245.235 authorizing the acquisition of approximately 74,670 square feet of property commonly known as 310 and 320 Esplanade Avenue, Pacifica, CA 94044 (the “Property”) for the 310-330 Esplanade Avenue Infrastructure Preservation Project (the “Project”); and WHEREAS, prior to adopting Resolution No. 39-2018, the City caused the Property to be appraised. That appraisal estimated the Property’s fair market value at $76,500; and WHEREAS, on October 9, 2018, the City filed a condemnation action captioned City of Pacifica v. Tong et al., San Mateo Superior Court Case No. 18CIV05455 (“Tong Action”) to acquire the Property by eminent domain. The Property’s fee owners were Millard W. Tong and Alicia W. Tong, Trustees, U.D.T April 30, 1990 (“Tong”); and WHEREAS, on November 28, 2018 the City deposited $76,500 into the State of California Condemnation Fund as the deposit of probable just compensation pursuant to Code of Civil Procedure sections 1255.010 et seq.; and
WHEREAS, on March 18, 2019, the City took prejudgment possession of the Property pursuant to Code of Civil Procedure section 1255.410; and WHEREAS, on June 5, 2021, the Honorable Marie Weiner entered a judgment (“Judgment”) finding that that just compensation for the Property is $2 million; and WHEREAS, on May 22, 2023, Judge Weiner ordered the City to increase the amount of the deposit of probable just compensation from $76,500 to $2 million; and WHEREAS, on June 20, 2023, the City withdrew $1,923,500 from its Disaster Accounting Fund to make the deposit of the additional $1,923,500 into the State of California Condemnation Fund; and
WHEREAS, the City appealed the Judgment, but on December 18, 2024, the California Court of Appeal affirmed the Judgment; and
WHEREAS, on February 11, 2025, the City filed a notice of abandonment pursuant to Code of Civil Procedure section 1268.510(a) in the Tong Action; and Pacifica City Council 4
June 23, 2025
WHEREAS, on March 12, 2025, Tong filed a Motion to Set Aside the City’s Notice of Abandonment; and
WHEREAS, on June 4, 2025, the Honorable Nicole Healy denied Tong’s Motion to Set Aside the City’s Notice of Abandonment; and
WHEREAS, the City now desires to repeal Resolution No. 39-2018, to deliver possession of the Property back to Tong, to thereby formally declare and establish that the City no longer intends to acquire the Property for the Project through eminent domain, to remove any cloud on the Property’s title associated with Resolution No. 39-2018 or the Tong Action, and to withdraw its $2 million deposit of probable just compensation from the State of California Condemnation Fund.
NOW, THEREFORE, after consideration of the information contained above as well as in the June 23, 2025, Agenda Staff Report.
IT IS HEREBY RESOLVED, that the City Council of the City of Pacifica finds, determines, and directs:
1. In light of the Judgment fixing just compensation for the Property at $2 million, the public interest, convenience and necessity do not require the acquisition of the Property for the Project.
2. Resolution No. 39-2018 is hereby repealed in its entirety.
3. The Council hereby directs and authorizes the City Manager and City Attorney to take all actions necessary to effectuate and finalize the abandonment of the Tong Action, to deliver possession of the Property back to Property’s owner, to remove any cloud on title associated with Resolution No. 39-2018 or the Tong Action, and to cause the City’s $2 million deposit of probable just compensation to be withdrawn from the State of California Condemnation Fund.
• • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 23rd day of June, 2025, by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
_________________________________
Sue Beckmeyer, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney