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HomeMy WebLinkAboutReso 1996-18253 COUNCIL RESOLUTION NO. 18253 (AGENCY RESOLUTION NO. 1493) JOINT RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA FINDING AND DETERMINING PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY COMPRISED OF APPROXIMATELY 9,977.88 SQUARE FEET LOCATED AT 40 NORTH FOURTH AVENUE, CHULA VISTA, CALIFORNIA AND AUTHORIZING THE COMMENCEMENT OF CONDEMNATION PROCEEDINGS BY OUTSIDE COUNSEL TO ACQUIRE RIGHT-OF-WAY WHEREAS, on November 15, 1994 at a joint meeting of the City of Chula Vista City Council ("City") and the Redevelopment Agency of the City of Chula Vista ("Agency"), the City and the Agency adopted Joint Agency Resolution No. 1430 and Council Resolution No. 17705 which (a) certified final environmental impact report (EIR 94-02), (b) adopted Addendum EIR 94-02A, (c) made certain findings of fact relating to the feasibility of mitigation measures and project alternatives, (d) adopted a mitigation monitoring and reporting program, and (e) adopted a statement of overriding considerations (collectively, the "EIR Resolution"), all with respect to that certain shopping center project to be located at the northern end of Fifth Avenue in Chula Vista commonly referred to as the Channelside Shopping Center project (the "Project"); and WHEREAS, immediately following the adoption of the EIR Resolution the Agency adopted Resolution No. 1431 approving the Project and the Precise Plan therefor, subject to specific terms and conditions (the "Project Approval Resolution"); and WHEREAS, on February 7, 1995, the City adopted Resolution 17804 authorizing the execution of a Subdivision and Precise Plan Improvement Agreement which required that the Project developer would be obligated to install and complete, at developer's own expense, all the public and private improvement work required by Project Approval Resolution and the proposed subdivision; and WHEREAS, as a condition to the issuance of building permits for a portion of the Project, the Project Approval Resolution requires construction of a fully aligned signalized intersection at the intersection of Fourth Avenue and Brisbane in Chula Vista (the "Required Intersection Improvements") which will serve to provide a safe and sufficient access through the intersection to the adjacent shopping center properties; and WHEREAS, a portion of the Required Intersection Improvements are proposed to be installed and maintained on and about certain privately owned real property legally described in Exhibit A and diagrammatically shown in the corresponding map designated as Exhibit B (all of which are attached hereto and incorporated herein by reference) (the "Required Property"); and WHEREAS, the City and Agency through the Community Development Department of the City of Chula Vista, has engaged in good faith negotiations for the voluntary acquisition Resolution 18253 Page 2 of the Required Property, which efforts included the extension of an offer for the acquisition of the same at fair market value, based on an appraisal, to the current owners, Nellie Streeter Crane, Ltd. and the Lucyle E. Borgerding Family Trust, and various correspondence and efforts to contact the affected owners and interest holders in the subject property, and such good faith negotiations and attempted voluntary acquisition have been unsuccessful; and WHEREAS, in accordance with California Code of Civil Procedure Section 1245.235 the City properly noticed, and on April 9, 1996 properly conducted a public hearing to consider the adoption of this Resolution; and WHEREAS, at such public hearing the City and Agency have considered all of the evidence submitted including all relevant staff reports, and all evidence relating to the need for the Required Improvements and the Required Property; and WHEREAS, the City and the Agency have now received substantial and convincing evidence that (a) the public interest and necessity require the construction of the Required Intersection Improvements in order to provide safe and sufficient access through the intersection to the adjacent shopping center properties, including the Project, (b) the Required Intersection Improvements are planned end located in a manner that will be most compatible with the greatest public good and the least private injury, and (c) the acquisition of Required Property for permanent easement, street right-of-way and related purposes is necessary to install and maintain the Required Intersection Improvements; and WHEREAS, the City and Agency have received substantial and convincing evidence that the acquisition of the subject property is for a public use, to wit: the improvement of a transportation facility; and WHEREAS, the City and Agency have also received substantial and convincing evidence that the acquisition of the subject property is for a redevelopment purpose, to wit: the elimination of blight and blighting influences and the improvement of health and safety within the City of Chula Vista by providing a fully aligned signalized intersection; and WHEREAS, the City has satisfied all requirements for the adoption of a Resolution of Necessity with respect to the Required Property in accordance with California Code of Civil Procedure Sections 1245,210 through 1245,270; and NOW, THEREFORE, THE CITY OF CHULA VISTA CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA DO HEREBY FIND, RESOLVE AND DETERMINE, BY A VOTE OF NOT LESS THAN TWO-THIRDS OF ITS MEMBERS, AS FOLLOWS: 1. Prooosed Use and Descriotion of Pr0pertv to be Acouired. The Required Property, as more particularly described in the above recitals and on Exhibits A and B attached hereto and incorporated herein by this reference, shall be used for the construction and maintenance of the Required Intersection Improvements, namely, a roadway segment, a signalized, concentric intersection, and related appurtenances at the corner of Fourth Avenue and Brisbane in the City of Chula Vista as shall be more particularly Resolution 18253 Page 3 described on plans submitted to and approved by the City Engineer. The interest in the Required Property to be obtained is an easement. 2. Findines Related to Necessity. A. Public Interest and Necessity Reauire the Project. The public interest, convenience and necessity of the City of Chula Vista and the Redevelopment Agency of the City of Chula Vista, and its residents, require the installation and maintenance of the Required Intersection Improvements in order to mitigate the traffic impacts generated by the Channelside Shopping Center project ("Project") and adjacent projects, and to otherwise provide for safe and proper traffic flows through the intersection. B. ProieCt Planned and LOcated for Greatest Public Good and Least Private Injury. The Required Intersection Improvements are planned and located to be most compatible with the greatest public good because, in accordance with City traffic studies, they maximize the necessary traffic mitigation and control where the most intense traffic flows are expected to occur. A fully aligned intersection at this location is far superior to a non-aligned intersection because of substantially improved safety and movements for both vehicular and pedestrian traffic. The Required Intersection Improvements are planned and located to be most compatible with the least private injury in that any other feasible plan or location would cause even more significant impacts on private property. As currently proposed the Required Improvements require the taking of approximately 9,977.88 square feet of the Required Property. This is a relatively small portion of the overall parcel owned by Nellie Streeter Crane, Ltd. and the Lucyle E. Borgerding Family Trust at this location. The parking spaces which are being eliminated from the Target store which operates on the parcel as a result of the construction of the Required Intersection Improvements are located far away from the Target store entrance. The need for the Required Intersection Improvements for health and safety purposes outweighs the relatively minor adverse impact on Nellie Streeter Crane, Ltd. and the Lucyle E. Borgerding Family Trust and other parties having a leasehold interest in the property. C. Prooertv to be Acauired is Necessary for the Project. The Required Property is necessary for the Required Intersection Improvements because it underlies the property over which the realigned roadway, striping and signalization equipment must be located. D. Public Use Property. To the extent that any portion of the Required 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 1240.51 O, or for a more necessary public use consistent with and authorized by Code of Civil Procedure Section 1240.610. Resolution 18253 Page 4 3. Voluntary Offer to Purchase the ProDertv Made. An offer to purchase the necessary easement in the Required Property for an amount constituting just compensation, as determined by an appraisal, has been made to the owners of record of the Required Property in accordance with Government Code Section 7267.2. 4. Authority to Proceed in Eminent Domain Granted. The City of Chula Vista, as the designated responsible lead agency for the Required Intersection Improvements portion of 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 Required 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 Required 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. Appropriation of Necessary Proceeds. The proceeds required to be contributed to the City by the developer of the Project pursuant to the Project Approval Resolution and related agreements are hereby appropriated for purposes of acquiring the Required Property and paying Daley & Heft in connection therewith, with any excess to be reimbursed to the developer. 7. IsSues Of Urqency, ExpedienCy, Desirability and Necessity. The acquisition of the Required Property is urgently needed to expediently complete the Project and is manifestly desirable and essential to the declared objects of the City and Agency. The Required Intersection Improvements within the City and Agency's jurisdiction are needed in order to improve the overall safety of the roadway and to provide a fully aligned, signalized intersection at the corner of Fourth Avenue and Brisbane in Chula Vista. 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 Resolution 18253 Page 5 court authorizing the City of Chula Vista to take possession of said property at the earliest possible date. 8. CEQA Compliance. The Council and the Redevelopment Agency have previously reviewed and certified the Final Environmental Impact Report for the Project (No. 94-02 and Addendum FEIR 94-02A), and made all appropriate findings and adoptions required by the California Environmental Quality Act ("CEQA") in connection therewith. The Project analysis included an analysis of the environmental impacts of the construction of the Required Intersection Improvements. To the extent that the adoption of this Resolution in and of itself will not generate any significant environmental impacts, this action is exempt from CEQA in accordance with CEQA Guidelines Section 15061 (b)(3). 9. Independent iudoment. The City and the Agency hereby find and determine 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 Chris Salomone Ann Y. Moor~ Community Development Director Interim City Attorney [ I I · '] F Resolution 18253 Page 6 ~z / ~ ~ X "'/7,,%,~_4 .T i~- m ~ 'BAY HIWAO~ , L Resolution 18253 Page 7 : Exhibit B EXHIBIT THAT PORTION OF 10 ACRE LOT 11 OF QUARTER SECTION 151 OF RANCHO DE LA NACION, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON A MAP PREPARED BY GEORGE MORRILL IN 1868, COPIES OF WHICH WERE FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AS MAP NO. 166 ON MAY 11, 1869 AND OCTOBER 11, 1916, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF THE SOUTHERLY 130.00 FEET OF SAID LOT 11 AND THE WESTERLY LINE OF THE EASTERLY 50.00 FEET OF SAID LOT 11, SAID INTERSECTION BEING A POINT ON THE WESTERLY LINE OF FOURTH AVENUE AS DEDICATED TO PUBLIC USE, SAID FOURTH AVENUE BEING 100.00 FEET WIDE; THENCE ALONG SAID WESTERLY LINE OF FOURTH AVENUE SOUTH 18003'29" EAST, 89.26 FEET; THENCE NORTH 69029'04" WEST, 37.16 FEET; THENCE SOUTH 71 °47'54" WEST, 13.02 FEET TO THE BEGINNING OF A TANGENT 188.50 FOOT RADIUS CURVE CONCAVF~ NORTHERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 38 o 19'01" A DISTANCE OF 126.06 FEET TO THE BEGINNING OF A REVERSING 111.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; ,, THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 38 o 19'01" A DISTANCE OF 74.23 FEET; THENCE TANGENT TO SAID CURVE SOUTH 71 °47 '54" WEST, 18.00 FEET; THENCE NORTH 18 o 12'06" WEST, 1.50 FEET TO A POINT ON THE ABOVE DESCRIBED NORTHERLY LINE OF THE SOUTHERLY 130.00 FEET OF LOT 11; THENCE ALONG SAID NORTHERLY LINE OF THE SOUTHERLY 130.00 FEET OF LOT 11 NORTH 71 °47'54" EAST, 245.93 FEET TO THE POINT OF BEGINNING. ,,: -...,., · \ r I I · '] [ Resolution 18253 Page 8 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 25th day of June, 1996, by the following vote: AYES: Councilmembers: Alevy, Padilia, Rindone, Horton NAYES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: Moot Shirl~{/Horton, Mayor ATTEST: ~Authelet, City Clerk ~ ~" STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. 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. 18353 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 25th day of June, 1996. Executed this 25th day of June, 1996. Beverly A. ('Authelet, City Clerk