HomeMy WebLinkAboutReso 1998-18879A RESOLUTION NO. 18879A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ADOPTING MITIGATED NEGATIVE DECLARATION ON
96-03; DETERMINING AND DECLARING THE PUBLIC
NECESSITY TO ACQUIRE CERTAIN RIGHTS-OF-WAY AT 1725
BROADWAY, 1689-1695 BROADWAY, AND 2681 MAIN
STREET FOR THE CONSTRUCTION OF THE "MAIN STREET
WIDENING FROM INDUSTRIAL BOULEVARD TO BROADWAY"
PROJECT (ST-961 ); AND AUTHORIZING THE COMMENCEMENT
OF CONDEMNATION PROCEEDINGS BY OUTSIDE COUNSEL TO
ACQUIRE SAID RIGHT-OF-WAY
WHEREAS, the City desires to widen Main Street from Industrial Boulevard to
Broadway (Project No. ST-961) ("Project") in order to accommodate increased traffic flows
and for other public health, safety and welfare purposes; and
WHEREAS, in order to complete the Project, the City must acquire certain rights-of-
way over property located at 1725 Broadway, 1689-1695 Broadway and 2681 Main Street
as more particularly described on Exhibit A, attached hereto and incorporated herein by this
reference (collectively, the "Property"); and
WHEREAS, in accordance with Government Code Section 7267,2, the City made an
offer to acquire the site at 2681 Main Street (APN: 622-140-36) to Mr. Heriberto Gutierrez;
the site at 1689 and 1695 Broadway (APN: 622-112-13 and 14) to Abode Development
Corporation; and the site at 1725 Broadway (APN: 629-010-04 and 10) to Thrifty Oil
Company; all such offers were based on appraisals and each such offer constitutes just
compensation for the property to which each pertains; and
WHEREAS, the City has been unable to reach terms for the voluntary acquisition of the
Property in a timely fashion after good faith efforts to do so; and
WHEREAS, in order to acquire the necessary interest in each of the properties which
together comprise the Property, it is necessary that the City Council conduct a public hearing
on the matter of adopting a resolution of necessity to commence the eminent domain process;
and
WHEREAS, pursuant to certified letters dated December 23, 1997, the owners of
record of the affected Property were duly notified of the public hearing and their right to
appear and be heard on the matter of the interest to adopt the resolution of necessity; and
WHEREAS, the owners were also informed that the adoption of the resolution of
necessity will authorize the acquisition of the necessary property rights through eminent
domain; and
WHEREAS, in accordance with California Code of Civil Procedure Section 1245.235
the City properly noticed, and on January 20, 1998, properly conducted a public hearing to
consider the adoption of this Resolution; and
Resolution 18879A
Page 2
WHEREAS, at such public hearing the City Council considered all of the evidence
submitted including all relevant staff reports, and all evidence relating to the need for the
Project and the Property; and
WHEREAS, the City of Chula Vista possesses the right to acquire said Property by the
use of the power of eminent domain in accordance with California Code of Civil Procedure and
Section 1240,030 which provides that the power of eminent domain may be exercised to
acquire property for a proposed project if the following conditions are established:
A. The public interest and necessity require the project.
B. The project is planned or located in a manner that will be the most compatible
with the greatest public good and least private injury; and
C. The property sought to be acquired is necessary for the project.
WHEREAS, the public interest and necessity require the proposed project in that public
safety dictates that the City of Chula Vista maintain a public road system, concrete curb and
gutter, sidewalks and driveways, designed and constructed to accommodate traffic, health
and safety demands; and
WHEREAS, the proposed project is planned and located in the manner that will be most
compatible with the greatest public good and the least private injury in that an existing
roadway is being widened and only the Property necessary for the widening is being acquired;
and
WHEREAS, the Property to be acquired as depicted on Exhibit A is necessary for the
proposed Project in that no other property is available which affords the capability for the
widening of Main Street to currently accepted traffic and engineering standards; and
WHEREAS, an Initial Study was conducted pursuant to CEQA for the entire project,
consisting of roadway and drainage improvements; and
WHEREAS, the Initial Study concluded that the project would not result in significant
environmental impacts, and, therefore, a Mitigated Negative Declaration (IS-96-03) and
accompanying Mitigation Monitoring Program was prepared and issued for the appropriate
public review; and
WHEREAS, no public comments were received as part of that public review.
NOW, THEREFORE, THE CITY OF CHULA VISTA DOES HEREBY FIND, RESOLVE AND
DETERMINE, BY A VOTE OF NOT LESS THAN TWO-THIRDS OF ITS MEMBERS, AS
FOLLOWS:
1. Proposed Use and Description of ProPerty to be Acquired.
The Property, as more particularly described in the above recitals and on Exhibit
A attached hereto and incorporated herein by this reference, shall be used for the construction
of a portion of the Main Street widening project (ST-961) and related appurtenances between
Resolution 18879A
Page 3
Industrial Boulevard and Broadway (the "Project") in the City of Chula Vista. The interest in
each of the properties comprising the Property is an easement.
2. Findings Related to Necessity and other Public Uses.
A. Public Interest and Necessity ReQuire the Project.
The public interest, convenience and necessity of the City of Chula Vista, and
its residents, require the installation and maintenance of the Project to provide for safe and
proper traffic flows through this section of Main Street. Generally accepted traffic and
engineering standards dictate that Main Street be widened to a 102 foot wide right-of-way.
B. Project Planned and Located for Greatest Public Good and Least Private
Injury.
The Project has been planned and located to be most compatible with the
greatest public good and the least private injury in that an existing roadway is being widened
and only the property necessary for the widening (and related appurtenances) is being
acquired. Any other feasible plan or location would cause even more significant impacts on
private property.
C. Property to be Acquired is Necessary for the Proiect.
The Property is necessary for the Project because it underlies the property over
which the widened roadway, curb, gutter and sidewalk must be located.
D. Public Use Property.
To the extent that any portion of the Property includes property previously
dedicated to public use, the taking by the City as to any such portion is either for a compatible
public use consistent with and authorized by Code of Civil Procedure Section 1240.510, or
for a more necessary public use consistent with and authorized by Code of Civil Procedure
Section 1240.610.
E. Other Evidence Incorporated Herein.
Any and all other evidence in support of the findings, above, presented in the
written staff report or otherwise at the public hearing considering this Resolution is hereby
incorporated herein by this reference.
3. Voluntary Offer to Purchase the Property Made.
As set forth in the recitals, above, offers to purchase the necessary easements
in the properties comprising the Property for an amount constituting just compensation, as
determined by an appraisal, have been made to the owners of record of such properties,
respectively, in accordance with Government Code Section 7267.2.
It T
Resolution 18879A
Page 4
4. Authority to Proceed in Eminent Domain Granted.
The City of Chula Vista, as the designated responsible lead agency for the
Project, and all appropriate officers, representatives and attorneys, are hereby authorized and
empowered, as provided by and in accordance with the applicable provisions of the
Constitution of California, Government Code, Code of Civil Procedure, the City Charter and
Municipal Code related to eminent domain, to acquire the necessary easements to the
Property by condemnation is the name of the City of Chula Vista to be used for the municipal
purpose of enhancing a transportation facility, and for Health and Safety purposes, as and
to that end, it is authorized and directed to commence and to prosecute an action or actions
in eminent domain for the purpose of acquiring easements to the Property.
5. Retention of Eminent Domain Counsel Authorized.
The City Attorney for the City of Chula Vista, as General Counsel, and the law
firm of Daley & Heft, special attorneys for City are hereby authorized to prepare and prosecute
in the name of the City, such proceeding or proceedings in the proper court having jurisdiction
thereof, as are necessary for such acquisition; and to prepare and file such pleadings,
documents, briefs, and other instruments and to make such arguments and to take such
actions as may be necessary in the opinion of said attorneys to acquire for said City the said
real property. Said attorneys are specifically authorized to take whatever steps and/or
procedures are available to them under the Eminent Domain Law of the State of California
including but not limited to Code of Civil Procedure, Title 7, Chapters 1-12, Sections
1230.010-1273.050).
6. AlaDroDriation of Necessary Proceeds.
The proceeds required to fund the Project have previously been appropriated and
can be used for purposes of acquiring the Property and paying Daley & Heft in connection
therewith.
7. Issues of Urqencv, Expediency, Desirability and Necessity.
The acquisition of the Property is urgently needed to expediently complete the
Project and is manifestly desirable and essential to the declared objects of the City. The City
of Chula Vista has urgent need for the immediate possession of such Property, and the
designated attorneys on behalf of the City are authorized and directed to secure an order of
court authorizing the City of Chula Vista to take possession of said Property at the earliest
possible date.
8. CEQA Compliance.
The City Council hereby adopts Mitigated Negative Declaration IS-96-03 for the
Project, and Monitoring Program prepared in connection therewith, as required by the
California Environmental Quality Act ("CEQA").
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9. Independent Judqment.
The City hereby finds and determines that their approval of eminent domain
proceedings, adoptions of this Resolution and related findings made in connection therewith,
were the product of their exercise of their independent review and judgment.
Presented by Approved as to form by
ohn P. '~V~t~,rector' ~ny~)
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Page 6
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E X H I D IT " A "
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Resolution 18879A
Page 7
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Resolution 18879A
Page 8
NE COR MAP 10
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REFER. DEED iO ~N
DIEGO SD~HERN R~LWAY ~
CO. REC'D DEC, 4. 1908
IN BK 452, P214.
2681 Main Street
EX~ISiT "A"
PR~ECT FiLE ~961
~: ~M~JTffLE: C~ OF CHU~ VISTA I
RIGHT-OF-WAY ACQUISITION
F2,-. Is% ~s MAIN STREET
lIT
Resolution 18879A
Page 9
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 20th day of January, 1998, by the following vote:
AYES: Councilmembers: Moot, Padilia, Rindone, Salas and Horton
NAYES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
ATTEST:
Beve~rly.Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that
the foregoing Resolution No. 18879A was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 20th day of January,
1998.
Executed this 20th day of January, 1998.
~thelet, City Clerk
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