HomeMy WebLinkAboutAgenda Statement 1987/06/23 Item 30 COUNCIL AGENDA STATEMENT
Item 30
Meeting Date 6/23/87
ITEM TITLE: Public Hearing: To determine necessity to acquire real
property for the construction of the Telegraph Canyon Creek
Flood Control Project
Resolution/3//7 Declaring the public necessity for the
acquisition of real property for the construction of Telegraph
Canyon Creek Flood Control Project and authorizing the City
Attorney to commence eminent domain proceedings to acquire
real properties or interest tot rein for said project
SUBMITTED BY: Director of Public Works/City Engineer 4A7
REVIEWED BY: City Manager (4/5ths Vote: Yes X No )
On June 5, 1987, staff on the direction of the City Attorney notified Ms.
Martha Griffith of a public hearing to be held on June 23, 1987, to determine
the necessity to acquire real property for the construction of the Telegraph
Canyon Creek Flood Control Project across her parcel located at 980 Broadway
(Assessor' s Parcel No. 618-010-17). The property is needed to construct the
double box culvert and will be restored and returned to her upon completion of
the project (see plat).
RECOMMENDATION: That Council :
a) Conduct the public hearing to determine the necessity to acquire real
property.
b) Adopt the resolution of public necessity and authorize the City Attorney
to commence eminent domain proceedings to acquire the real property.
c) Authorize the Director of Finance to deposit funds as necessary for
security deposits, filing fees and expert witness fees, court awards and
any funds required to be deposited in Court.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
This is a request to authorize eminent domain proceedings to acquire a
temporary construction easement across the parcel located at 980 Broadway and
owned by Ms. Martha Griffith. This easement is needed to construct the
Telegraph Canyon Creek Flood Control Channel without the need for expensive
sharing protection equipment.
Page 2, Item 30
Meeting Date 6/23/87
The fair market value has been appraised and offered to Ms. Griffith. Our
offer has not been accepted. Negotiations are continuing and will continue
after adoption of the requested resolution. Eminent domain authorization is
requested at this time to ensure meeting the scheduled project deadlines. The
request is for:
Parcel No. Owner Address Area S.F. Value
618-010-17 Martha C. Griffith, Trustee 980 Broadway 3700 $14,100
The eminent domain proceedings require a public hearing at which time the
owner will be entitled to offer testimony which Council must consider before
making a determination to proceed with the eminent domain process. At the
public hearing the issues to be discussed include:
1 ) The public interest and necessity for the project.
2) Whether or not the project is planned or located in a manner which will be
the most compatible with the greatest public good and the least private
injury.
3) Whether or not the property sought to be acquired is necessary for the
project.
A Statement of Facts regarding these issues is attached.
Bids for the covered portion of the project were received and opened by the
City Engineer on Tuesday, June 16, 1987. Staff plans to return with a
resolution awarding the contract on July 14, 1987.
FISCAL IMPACT: The appraisal value of the easement is $14,100, but does not
include the value of a portable shed to be purchased to store the contents of
Ms. Griffith's garage nor a reasonable expense to move these contents. The
latter costs are still under negotiations at this time. Funds are available
to cover the cost of the easement and the expense of the eminent domain
proceedings.
RS:nr/
WPC 2891E
b the City Council of
Chula Vista, California
Dated T