HomeMy WebLinkAboutAgenda Statement 1986/09/10 Item 11 COUNCIL AGENDA STATEMENT
Item 11
Meeting Date 9/10/86
ITEM TITLE: Resolution /027 /3 Accepting 10 drainage easements for the
construction of the Telegraph Canyon Creek Flood Control
Channel and authorizing the Mayor to execute dedication
agreements on behalf of the City
SUBMITTED BY: Director of Public Works/City Engineer 044:-'
REVIEWED BY: City Manager e (4/5ths Vote: Yes No X )
On January 21 , 1986, Council by Resolution No. 12342 accepted 16 of the 39
easements required for the construction of the Telegraph Canyon Creek Flood
Control Channel . At that time, the Corps of Engineers was planning to begin
construction of the project in June 1986. Per their schedule, the City had to
obtain and certify the right-of-way by May 1986. To meet the Corps schedule,
we requested and Council authorized on March 4, 1986 (Resolution No. 12398)
the City Attorney to commence proceedings to acquire the easements not yet
obtained.
Subsequent to Council 's action, we continued negotiations with the property
owners to obtain as many easements as possible to avoid eminent domain
proceedings. In this manner, we have obtained 19 easements. We are now
working with the Corps of Engineers on the realignment of the channel west of
Broadway which may negate the need for 9 of the easements which have been
negotiated. We wish to proceed with the right-of-way acquisition process and
request Council 's acceptance of the 10 easements not affected by any
realignment of the channel .
RECOMMENDATION: That Council approve the Resolution accepting the 10
drainage easements and authorizing the Mayor to execute dedication agreements
on behalf of the City.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
To construct the Telegraph Canyon Creek Flood Control Project as now planned,
the City needs to obtain easements from 39 property owners (including
S.D.G.&E. Co. ). The County of San Diego Real Property Division on our behalf,
had obtained 16 of these easements in January, 1986. The 16 easements were
accepted by the City on January 21 , 1986, by Council Resolution 12342.
Because of time restraints imposed by the Corps of Engineer's schedule for
construction of the project earlier this year, staff requested, and Council
authorized the City Attorney to commence eminent domain proceedings to acquire
the remaining easements (Resolution 12398 adopted March 4, 1986) .
Page 2, Item 11
Meeting Date 9/10/86
During the public hearing on the necessity to acquire the easements via
eminent domain proceedings, questions as to the location of high walls
proposed west of Broadway were raised by the affected property owners. The
City requested the Corps of engineers to review other alignment alternatives
to minimize the impact of the high walls. This request provided staff the
opportunity to continue negotiations with the property owners from whom
easements had not been obtained. To date, we have obtained 19 additional
easements and have determined that the probability of obtaining the other
three easements without eminent domain actions is almost nil . (SDG&E is
expected to dedicate, at no cost to the City, an easement through their
property in the near future. )
The alignment alternatives now under study do not require 9 of the 19
easements already obtained by our right-of-way agent. We will hold on to
these 9 easement dedications until a decision on the alignment for the channel
west of Broadway is reached by the City and the Corps of Engineers. We,
therefore, recommend that Council accept the 10 easements (see Exhibit "A")
that are not affected by any realignment of the channel . Council 's acceptance
of the 10 easements will permit staff to proceed with the escrow services to
complete the right-of-way transactions with the property owners.
The City will pay $84,000 for the 10 easements. Sufficient funds have been
budgeted to cover this expense. It should be noted that the right-of-way
costs as well as other costs (some portions of construction) are eligible for
reimbursement from State Department of Water Resources (DWR) once the project
has been completed.
FISCAL IMPACT: The property owners will be compensated for dedicating the
10 easements. The total compensation is $84,600. Sufficient funds have been
budgeted that can be used to cover this expense. The California Department of
Water Resources will reimburse the City for this expense once the project has
been completed.
WPC 2032E
b e City Council of
Chula Vista, California
Dated —(6
EXHIBIT "A"
TELEGRAPH CANYON CREEK FLOOD CONTROL CHANNEL
DRAINAGE EASEMENTS
DEDICATED BETWEEN MARCH AND JUNE 1986
(To be accepted September 16, 1986)
Assessor's Just
Parcel No. Parcel No. Owner Address Comp.
84-0201-A,B,C 619-010-44 Chula Vista City 88 East "J" St. $13,000
School District Chula Vista, CA 92010
84-0202-A&B 619-010-52 Ralph Bwy 2525 Camino del Rio South 3,300
San Diego, CA 92108
84-0214-A,B,C 618-073-14 Joe B. Royal and 45504 Tournament Lane 36,150
Nancy L. Royal Temecula, CA 92390
84-0217-A&B 618-073-01 George Yamamoto and 971 Fifth Avenue 1 ,300
Miyuki Yamamoto Chula Vista, CA 92011
84-0222-A&B 618-073-07 Willard K. Brown and 970 Kittiwake Lane 1 ,075
84-0248-A&B 618-400-01 Elinor M. Brown Chula Vista, CA 92011 1 ,500
84-0223-A&B 618-062-35 The South Bay Baptist 96U Fifth Avenue 10,575
Church of Chula Vista, Chula Vista, CA 92011
Inc.
84-0224-A&B 618-073-11 Walter J. Osborn and 498 Moss St. 2,650
Dorothy Osborn Chula Vista, CA 92011
84-0227-A&B 618-062-03, 05 Pasquale Oliveri 3358 "F" St. 11 ,900
Santo Oliveri San Diego, CA 92102
Gaspare Oliveri
Maria G. Cefalu
84-0228-A&B 618-062-06 Molly Silva 564 Arizona St. 3,150
Chula Vista, CA 92011
TOTAL $84,600
WPC 2170E