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HomeMy WebLinkAboutReso 1994-17721 RESOLUTION NO. 17721 RESOLUTION OF THE CITY OF CHULA VISTA FINDING AND DETERMINING PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY WITHIN THE OTAY VALLEY ROAD STREET WIDENING PROJECT AND AUTHORIZING THE COMMENCEMENT OF CONDEMNATION PROCEEDINGS BY OUTSIDE COUNSEL TO ACQUIRE MITIGATION PROPERTY WHEREAS, the City of Chula Vista is a chartered municipal corporation of the State of California ("City"); and, WHEREAS, in conjunction with its municipal purpose of providing transportation facilities, the City has resolved to widen Otay Valley Road, currently a two lane asphaltic roadway to a 6 lane prime arterial and major street between 1-805 and the eastern City boundary, and have formed the Otay Valley Road Widening Assessment District No. 90-2 consisting of various parcels contiguous or proximal thereto and benefitring therefrom ("Project"), one of which is the subject parcel ("Property") which is 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; and, WHEREAS, the Project causes certain impacts to wetland habitats and endangered species regulated by the U.S. Army Corps of Engineers, the UoS. Fish and Wildlife Service and the California Department of Fish and Game ("Resource Agencies"); and, WHEREAS, certain permits have been obtained, or are being negotiated with the Resource Agencies, that are conditioned to require improvements, protection and maintenance of the Property; and, WHEREAS, at the regular meeting of the City Council held on November 15, 1994, the City received substantial and convincing evidence that the public interest and necessity require the project, and the Proposed Project is planned and located in a manner that will be most compatible with the greatest public good and the least private injury, and in order to effectuate the Project, the acquisition of the Property is necessary; and, WHEREAS, at said meeting, the City received substantial and convincing evidence that the City engaged in good faith negotiations for the voluntary acquisition of the Property which efforts included the extension of an offer for the acquisition of same at fair market value, and various correspondence and efforts to contact the affected owner and interest holders in the Property; and, WHEREAS, at said meeting, the City received substantial and convincing evidence that the acquisition of the Property is for a public use, to wit: biological mitigation for the widening of a transportation facility; and, WHEREAS, the City is authorized to acquire the hereinafter real property, or easement interest in real property, pursuant to California Code of Civil Procedure sections 1245.210 through 1245.270; and, ill ' Resolution No. 17721 Page 2 WHEREAS, the City has considered all of the evidence submitted at the hearing including the staff report; 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. Findings Related to Necessity of Project. 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 Proposed Project in order to further the implementation of the Otay Valley Road Redevelopment Project Area Plan, and provide consistency with the City of Chula Vista's Updated General Plan. B. Project Planned and Located for Greatest Public Good and Least Private Injury. The property described in Exhibit A is necessary for the Project in order to provide a biological mitigation site acceptable to the Resource Agencies. Permits issued by Resource Agencies for the Project are conditioned on restoration and preservation of the Property. C. Property to be Acquired is Necessary for the Project. The property easement or fee is necessary for the project since it is located such that it provides the appropriate conditions to establish required biological mitigation. The site provides the appropriate vegetative characteristics, soil types and hydration to support the proposed enhancement and revegetation. The site's location, adjacent to the mitigation site established for Phase 1 of the project also facilitates maintenance and contributes to the long-term viability of the habitat. D. The taking, as to any portion of the property which is appropriated or dedicated to a public use, is for a compatible public use consistent with and authorized by Code of Civil Procedure section 1240.510. E, The taking, as to any portion of the property which is appropriated or dedicated to a public use, is for a more necessary public use consistent with and authorized by Code of Civil Procedure section 1240,610. 2. Voluntary Offer to Purchase the Property Made. The offer required by section 7267.2 of the Government Code has been made to the owners of record for the acquisition of the required easements or fee to the parcels necessary for the project. Resolution No. 17721 Page 3 3. Authority to Proceed in Eminent Domain Granted. The City of Chula Vista, and all appropriate officers, representatives and attorneys are hereby authorized and empowered to acquire a fee interest (or a lesser interest) in the Property by condemnation in the name of the City of Chula Vista to be used for the municipal purpose of enhancing a transportation facility, in accordance with the provisions of the Code of Civil Procedure, and the Constitution of California related to eminent domain, 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 the Property. 4. Retention of Eminent Domain Counsel Authorized. The City Attorney for the City of Chula Vista (or outside legal counsel designated thereby) is 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). 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. 5. Compliance with CEQA Certified. In previous proceedings held by the City Council, at the EIR Meeting, the City Council, reviewed and certified the Final Environmental Impact Report ("FEIR") was prepared in accordance with CEQA all as more fully set forth in the Council Certification Resolution. 6. CEQA Findings. The Council has reviewed and considered the FEIR, No. 89-01, and has fully considered the environmental effects of the proiect as shown therein. The City Council hereby finds as follows: A. Adoption of Findings. The City Council has reviewed, considered, and wholly agrees with the contents and does hereby approve, accept as its own, incorporate as if set forth in full herein, and makes each and every one of the CEQA Findings of Fact, known as document number C094-198, a copy of which is on file in the office of the City Clerk, except as noted below in subsection (c). Resolution No. 17721 Page 4 ~'1 B. Certain Mitigation Measures Feasible and Adopted. As more fully identified, the City hereby finds, pursuant to Public Resources Code section 21081 and CEQA Guidelines section 15091, that the mitigation measures described in the FEIR as feasible are in fact found by the City Council to be feasible, and will become binding upon the City. C. Infeasibility of Alternatives. As set forth, the City Council hereby finds that none of the proposed project alternatives set forth in the Final EIR can feasibly and substantially lessen or avoid the potentially significant adverse cumulative environmental effects that will not be substantially lessened or avoided by the adoption of all feasible mitigation measures. D. Adoption of Mitigation and Monitoring Program. As required by Public Resources Code section 21081.6, the City hereby adopts the mitigation monitoring and reporting program ("Program"), known as document number C094-199, a copy of which is on file in the office of the City Clerk, incorporated herein by reference. The City hereby finds the Program is designed to ensure that, during Project implementation, the Project proponent, and any other responsible parties, implement the Project components and comply with the feasible mitigation measures identified in document number C094-199. E. Statement of Overriding Considerations. Even after the adoption of all feasible mitigation measures and alternatives, certain significant or potentially significant adverse environmental effects caused by the Project will remain. Therefore, the City hereby issues, pursuant to CEQA Guidelines section 15093, a statement of overriding considerations, known as document number CO94-200, a copy of which is on file in the office of the City Clerk, identifying the specific economic, social, and other considerations that render that unavoidable significant adverse environmental effect acceptable. Presented by ~e~/~s to rm by Resolution No. 17721 Page 5 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 15th day of November, 1994, by the following vote: YES: Councilmembers: Fox, Horton, Moore, Rindone, Nader NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Tim Nader, Mayor ATTEST: Vicki C. Soderquist, De~ City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Vicki C. Soderquist, Deputy City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 17721 was duly passed, approved, and adopted by the City Council at regular meeting of the Chula Vista City Council held on the 15th day of November, 1994. Executed this 15th day of November, 1994. Vicki C. Soderquist, D:'~ City Clerk