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HomeMy WebLinkAboutReso 1994-17649RESOLUTION NO. 17649 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 RIGHT-OF-WAY 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 benefitting therefrom k~a"Project"), one of which is the subject parcel ("Property") which is legally described in Exhibit nd diagrammatically shown in the corresponding map designated as Exhibit E~II of which are attached hereto and incorporated herein by reference; and, WHEREAS, the Board of Supervisors of the County of San Diego ("County") on March 17, 1992, adopted Resolution No. 92-97 (which is hereby fully incorporated by reference) granting consent and jurisdiction to the City of Chula Vista for the formation of Otay Valley Road Assessment District No. 90-2 and consent to the City's authority to proceed with the Project, construction and maintenance of improvements therein, and authority and power to acquire rights-of-way where necessary (among other powers granted by said County resolution); and, WHEREAS, the Project includes roadway work required to be constructed within the jurisdiction of the County at the easterly end of the Project where Otay Valley Road turns in a southerly direction toward Otay Rio subdivision, requiring acquisition of the Property described in Exhibit A, owned by SNMB, L.P., a Delaware limited partnership, for a permanent easement for street right-of-way, slope easements and a temporary construction easement; and, WHEREAS, at the regular meeting of the City Council held on May 26, 1992, 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 '11 ] I~' Resolution No. 17649 Page 2 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: 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, WHEREAS, at a regular meeting of the City Council held on April 21, 1992, ("EIR Meeting"), the City Council reviewed and considered the environmental consequences resulting from the proposed Project all as more fully set forth as the proposed Project in the EIR No. 89-01; and as a result thereof, the City Council previously adopted Resolution No. 16599 at said EIR Meeting, finding that the Environmental Impact Report was prepared in compliance with CEQA ("Council Certification Resolution"); and, 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 for a safe intersection for trucks entering the exiting the Nelson Sloan Rock Quarry onto Otay Valley Road going either westbound or southbound. The roadway design provides for three lanes going across Otay River to the south such as to provide an acceleration lane for the trucks. In addition, the design provides for a safe exiting from Otay Valley Road going northbound into the Nelson Sloan property for trucks entering the Quarry site. The design of this project is such that it will provide the most public good and the least private injury. The property is necessary for construction of the Otay Valley Road project. The proposed taking of 1.0907 acres is a small portion of the total acreage owned by SNMB, L.P., a Delaware Limited Partnership. The need for improvements for health and safety purposes outweighs the minor effect on 11 'T Resolution No. 17649 Page 3 SNMB, L.P., a Delaware Limited Partnership. C. Property to be Acquired is Necessary for the Project. The property easements are necessary for the project since they are located within the proposed right-of-way, slope easements and temporary construction easements as illustrated in Exhibit B.~ 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. 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. Findings Related to Power of Extra Territorial Condemnation. A. County Grant of Consent and Jurisdiction. On March 17, 1992, the County passed Resolution No. 90-2 granting the City consent and jurisdiction to proceed with the project including the assessment district, construction of improvements adjacent to County right-of-way, and acquisition of property, where necessary. B. Issues of Urgency, Expediency, Desirability and Necessity. The portion of property to be acquired is of urgent necessity to expediently complete the project and is manifestly desirable and essential to the declared objects of the City. The improvements within the County's jurisdiction are needed in order to provide consistency and overall safety of the roadway and to avoid having an unimproved middle section of road where it crosses County jurisdiction in the Otay River area. The County is issuing permits to the City for the improvements and is aware of the entire project, and has consented thereto. Voluntary Offer to Purchase the Property Made. 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. Authority to Proceed in Eminent Domain Granted. The City of Chula Vista, and all appropriate officers, representatives and attorneys is hereby authorized and empowered to acquire the easements to said Property by condemnation is the name of the City of Chula Vista to be used for the municipal Resolution No. 17649 Page 4 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 easements to the Property. 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). 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. 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. CEQA Findings. The Council has reviewed and considered the FEIR, No. 89-01, 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, known as document number CO94-198, a copy of which is on file in the office of the City Clerk, except as noted below in subsection (c). B. Certain Mitigation Measures Feasible and Adopted. As more fully identified, the City hereby finds, pursuant to Public Resources Resolution No. 17649 Page 5 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 CO94-199, 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 I! 1 Resolution No. 17649 Page 6 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 6th day of September, 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: B~Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) SS. I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 17649 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 6th day of September 1994. Executed this 6th day of September, 1994. ~/~ Authelet, City Clerk