City of Pasadena v. Paine

[95]

FOX, J.

This is an appeal by the defendants from an interlocutory judgment in condemnation.

On February 15, 1952, the city of Pasadena filed condemnation proceedings for the acquisition of certain property in the San Rafael section of the city for a library site. For more than two years prior to filing this action, the board of directors of the city considered various sites in this locality for a branch library and discussed their relative merits. Several trips were made by the board in a body to this area for the purpose of evaluating the sites under consideration. As a result, the site here in question was decided upon.

On February 5, 1952, at a regular session of the city board, the resolution of necessity was introduced and received its first reading, which was by title only. Prior to the regular meeting of the board on February 13, 1952, the directors met informally with the city manager and other department heads to discuss the various matters to come before the board that morning. At that time the resolution was explained to them and discussed by them. Thereupon, when the board officially convened, the resolution received its second reading —again only by title—and was unanimously adopted.

The vital question is whether the proceedings which led to the adoption of the resolution of necessity were valid. Defendants challenge its validity upon two grounds: (1) the failure to have a full reading of the resolution at a regular public session of the board of directors of the city; and (2) the absence of a report on the matter from the city planning commission. Neither of these objections is well founded.

The city does not claim that the resolution of necessity was read in full at any public session of the board of directors but it insists that such reading is not essential under its charter.

Article 2, section 9, subsection (f) of the city charter provides that ordinances and resolutions are the formal acts of the legislative body passed under “legal restrictions” governing action thereon. It further provides no ordinance or resolution shall receive final passage upon the same day that it was introduced. Subsection (e) provides that no ordinance or resolution shall be valid unless it receives the affirmative vote of four members of the board of directors, and that every ordinance and resolution so adopted shall be signed by the chairman, or, in his absence, by the vice chairman, or by four members of the board. Thus the charter enumerates three “legal restrictions” governing action on resolu