Loading...
HomeMy WebLinkAboutReso 1994-17775 RESOLUTION NO, 17775 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DETERMINING AND DECLARING THE PUBLIC NECESSITY OF ACQUIRING CERTAIN RIGHT-OF-WAY FOR PUBLIC STREET, DRAINAGE, AND UTILITY PURPOSES AND AUTHORIZING THE COMMENCEMENT OF CONDEMNATION PROCEEDINGS TO ACQUIRE SAID RIGHT-OF-WAY The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, McMillin Communities is engaged in development and construction of a planned community in the City of Chula Vista, State of California, more commonly known as Rancho del Rey Sectional Planning Area ("SPA"), Ill. WHEREAS, this project has been the subject of environmental review as part of the Rancho del Rey SPA Ill Final EIR #89-10 adopted by Resolution 16218 and is in compliance with the California Environmental Quality Act; and, WHEREAS, the circulation element of the general plan and the EIR require certain improvements to East J Street to be made to accomplish the extension of said public road as well as the installation of drainage, utilities, and appurtenant improvements; and, WHEREAS, the public interest requires provision of such public improvements to ensure that East J Street is extended to provide sufficient transportation capacity as well as adequate drainage, utilities and appurtenant improvements, and to meet the public need in the area; and, WHEREAS, said public interest may not currently be met in that East J Street in the vicinity of Rancho del Rey SPA III subdivision is currently not a through street and is now or will soon be operating above the capacity dictated by good engineering practices and drainage, roadway, utilities and appurtenant improvements do not currently exist which can adequately serve the Rancho del Rey SPA III subdivision; and, WHEREAS, the public interest and necessity require the proposed street extension project to accommodate current and projected traffic safety and health needs by constructing and improving East J Street to a through street as part of an ultimate improvement project; and, WHEREAS, said roadway extension, drainage, utilities and appurtenant improvements affecting East J Street require acquisition of property described in the attached legal description, Exhibit 1, and shown on the plat, Exhibit 2, and generally consisting of approximately 47,167 square feet plus 23,329 square feet for a temporary construction easement; and, WHEREAS, the owner of said property needed for said public improvements, Susie Mary Bennett, Successor Trustee of the Bennett Family Trust Agreement dated September Resolution No. 17775 Page 2 23, 1982 ("Bennett"), has been requested to convey said property, and a good faith offer to purchase said property, pursuant to Government Code Section 7267.2 and Code of Civil Procedure section 1245,230, has been made by the City of Chula Vista to Bennett; and, WHEREAS, said good faith offer to purchase has not been accepted by Bennett; and, WHEREAS, the City of Chula Vista possesses the right to acquire said property by the use of the power of eminent domain, pursuant to Title 7, Code of Civil Procedure sections 1230.010 et seq., and Government Code sections 37350.5 and 40401; and, 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, drainage, utilities and appurtenant improvements designed and constructed to accommodate traffic, health and safety demands; and, WHEREAS, generally accepted traffic and engineering standards dictate that East J Street be extended to create a through street and that roadway, utilities and appurtenant improvements be provided to serve the needs of residents of residential units; 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 the approximately 1.08 acres to be acquired out of a total acreage of 10.24 acres owned by Bennett at this location will provide a through street in a safer traffic configuration, and will provide for drainage, utilities and appurtenant improvements, needed to protect the health and safety of the citizens of Chula Vista; and, WHEREAS, the property to be acquired as set forth on Exhibit 1 and 2, attached hereto, is necessary for the proposed project in that no other property is available which affords the capability for the extension of East J Street to currently accepted traffic and engineering standards; and, 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. That the City Council of the City of Chula Vista finds and determines and thereby declares that the public interest and necessity require the construction and completion of certain public improvements, namely a street right-of-way, drainage, utilities and appurtenant improvements, upon, through, over, under and across the real property hereinafter described in Exhibit 1 and shown on Exhibit 2, attached hereto and incorporated by reference. 2. That the City Council of the City of Chula Vista has authority to acquire by eminent domain any property necessary to carry out any of its powers or functions pursuant to California Government Code section 37350.5, more specifically California Streets and Highways Code section 4090 authorizes the acquisition by condemnation of any property whenever the public interest or convenience may require it. Resolution No. 17775 Page 3 3. That the subject property is necessary for the proposed project and that such public improvements are planned and located in a manner which will be most compatible with the greatest good and the least private injury because the improvements were comprehensively planned in view of all currently known or anticipated development, the owner of the property to be taken was consulted and the owner's concerns and needs incorporated into the design wherever possible, and only 1.08 acres are to be acquired from a total ownership at this location of 10.24 acres. 4. That the public interest and necessity require the acquisition and taking of certain real property for street right-of-way for the installation, construction, operation, maintenance, repair and replacement of street surfaces, curbs, sidewalks, shoulders, utility conduits, drainage and sewer facilities as well as all structures incidental thereto because traffic and engineering studies sponsored by the City of Chula Vista indicate that anticipated levels of development will necessitate the extension of East J Street. 5. That the acquisition and taking of permanent easements, and temporary construction easement for the subject street, street right-of-way, utilities, drainage facilities and appurtenant improvements, upon, through, over, under and across, all and each and every part thereof, is necessary to the public use and it is necessary that all and each and every part of said property, more specifically described in Exhibit 1 and shown on Exhibit 2 above be so acquired because it has been determined that the property to be taken is the minimum required for the improvements to be constructed in the most efficient manner possible to meet projected traffic, safety, health and sanitation needs in accordance with good traffic engineering practices, and no other property is available which affords the capability of extending the existing roadway and constructing the utilities and appurtenant improvements. 6. That the real property referred to hereinabove in this Resolution is situated in the City of Chula Vista, in the County of San Diego, State of California and more particularly described in Exhibit 1, and shown on the plat, Exhibit 2, which are incorporated by reference. 7. The offer required by section 7267.2 of the Government Code has been made to the owner of record for the acquisition of the required easements to the parcels necessary for the project. 8. 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. 9. That the City Attorney or his designee be, and he is, hereby authorized and empowered to prepare and prosecute each suit or suits as are necessary to condemn, take and acquire said real property described in Exhibit 1 and to make application to the Court for an order fixing the amount or amounts of such security in the way of money deposits as said Court may direct to be made upon the taking of possession of said real property or any part thereof, and to make application for an order permitting T ..... II 'l Resolution No. 17775 Page 4 the City of Chula Vista to take immediate possession and use of said real property, or any parts thereof, and to make deposit of such security in such amounts fixed by the Court and in such a manner as the Court may direct, and to incur on behalf of the City of Chula Vista all reasonable and necessary expense in the prosecution of a suit or suits to condemn said real property. 10. That the City Attorney or his designee is directed to file the appropriate complaint in the pursuance of the condemnation action authorized hereby; provided, however, that all matters involving said litigation, including the preparation and filing of said complaint, will be undertaken at the expense of McMillin Communities, who shall also provide any necessary appraisal or appraisals and shall bear full and total costs for legal services and any special witnesses as well as all costs of acquisition including either negotiated prices or value arrived at pursuant to a judgment of the Superior Court. 11. 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. 12. 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 1240.510. 13. 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. 14. The Council has reviewed and considered the FEIR, No. 89-10, and has fully considered the environmental effects of the project 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 attached hereto as Exhibit 3, except as noted below in subsection (c). B. Certain Mitigation Measures Feasible and Adopted. As more fully identified and set forth in Exhibit 3, attached hereto, 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. Resolution No. 17775 Page 5 C. Infeasibility of Alternatives. As set forth in Exhibit 3, attached hereto, 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") set forth in Exhibit 3, 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 the Exhibit 3. 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 and as set forth in Exhibit 3, attached hereto, a statement of overriding considerations identifying the specific economic, social, and other considerations that render that unavoidable significant adverse environmental effect acceptable. Presented and Approved as to form by Bruce M. Boogaard City Attorney ~ Resolution No, 17775 Page 6 k~ll~.[~ ~.~o ~,~.. ~.~ RICK ENGINEERING COMPANY Sin DieBo California 92110-2596 (639)291-0707 Legal Description TC ReL ,1-12322 EAST "J" STREET, STREET EASEMENT By: JC:jb Date: May 31, 1994 Page I of 1 That portion of Quarter Section 63 of Rancho De La Nacion,' in the City of Chula Vista. County of San Diego, State of California, according to Map thereof No. 166 filed in the Office of the County Recorder of San Diego County of May 11, 1869, described as follows: Beginning at the Northwest corner of Lot 351, said corner being a point on the Westerly prolongation of the Southerly Right-of-way line of East "J" Street all as shown on Map No. 10989 on file in the Office of said County Recorder; thence South 17054'56'' East along the Westerly line of said Lot 351 a distance of 2.02 feet; thence South 80003'22'' West 5t 5.06 feet to a point on the Easterly line of Lot 1 of Map No. 11443 on file in the Office of the County Recorder of San Diego County; thence North 17051'45" West 2.02 feet to the Northeasterly corner of Lot I said corner being a point on the Southerly Right-of-way line of East "J" Street all as shown on Map No, 11443 on file in the Office of said County Recorder; thence North 17051'45" West along the Northerly prolongation of the Easterly line of said Lot 1, a distance of 33.32 feet to the Southeasterly corner of that certain document granted to the City of said Chula Vista on February 11, 1986 as File Page 86-055520; thence North 09056'38" West 33.00 feet to the Northeasterly corner of said document; thence North 09°56'38" West 2.00 feet; thence North 80003'22" East 510.13 feet to a point on the Westerly line of Lot 352 of said Map NO. 10989; thence South 17 o 54'56" 2.02 feet to the Southwesterly corner of Lot 352 said corner being a point on the Westerly prolongation of the Northerly Right-of-way line of East "J" Street as shown on said Map No. 10989; thence South 17054'56" East along the Southerly prolongation of the Westerly line of said Lot 352 a distance of 66.64 fee1 to the Point of Beginning. EX 4tB T' I Resolution No. 17775 Page 7 ¢ I -- ~, i '- ,~..;/,-" ill -- II T Resolution No. 17775 Page 8 RANCHO DEL REY SECTIONAL PLANNING AREA (SPA) ~I PLAN (EIR-89-10) CANDIDATE CEQA FINDINGS IN ACCORDANCE WITH SECTION 21081 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND SECTION 15091 OF TITLE 14 OF THE CALIFORNIA ADMINISTRATIVE CODE A COPY OF WHICH IS ON FILE IN THE OFFICE OF THE CITY CLERK E XHI B~T 3 Resolution No. 17775 Page 9 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 20th day of December, 1994, by the following vote: YES: Councilmembers: Fox, Padilia, Rindone, Horton NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: Moot Shirle~'~;rton, Mayor ATTEST: Beverly ~.A~uthelet, 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. 17775 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 December 1994. Executed this 20th day of December, 1994. ele II T