HomeMy WebLinkAboutAgenda Statement 1986/03/04 Item 7 COUNCIL AGENDA STATEMENT
Item 7
Meeting Date— f fi8'/156 ''
ITEM TITLE: Public Hearing to determine necessity to acquire real property for
the construction of the Telegraph Canyon Creek Flood Control Project
Resolution 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 to therein for said project�
REVIEWED BY: City Manager
SUBMITTED BY: Director of Public Works/City Engineer 'J
or (4/5ths Vote: Yes X No )
On January 21 , 1986, Council , by minute action, ordered a public hearing to be held
on February 18, 1986, to determine the necessity to acquire real property for the
construction of the Telegraph Canyon Creek Flood Control project.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
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 sums
required to be deposited in court.
DISCUSSION:
This is a request to authorize eminent domain action for 18 of the 39 easements
needed for the construction of the Telegraph Canyon Creek Flood Control Project.
Sixteen easements were granted to and accepted by the City on January 21 , 1986, by
Council Resolution No. 12342. Five easements have been granted to the City since
January 21 , and will be brought for Council 's approval at a subsequent meeting.
The fair market value has been appraised and offered to the 18 owners as the full
appraised value. The offers have 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.
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Page 2, Item 7
Meeting Date 2/18/86
The eminent domain proceedings require a public hearing at which time the owner(s)
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 properties sought to be acquired are necessary for the
project.
A Statement of Facts regarding these issues is attached. In addition, U. S. Corps
of Engineers staff will
wners be present haveabout the project and its design.
Council
and/or the property Y
Eminent domain authorization is requested for:
Area
Parcel No. Owner Address S.F. Value
84-0200A Anne Collins & J. Roy P.O. Box 753 859 $ 900
Collins Bonita, CA 92002
84-0201-A,B,C Chula Vista Union 88 East "J" Street 38,496 13,000
School District Chula Vista, CA 92012
84-0214A,B,C Joe B. Royal and 45504 Tournament Lane 13,563 35,150
Nancy L Royal Temecula, CA 92390
84-0222-A&B Willard K. Brown and 970 175 1 ,075
84-0248-A&B Elinor M. Brown
84-0227-A&B Pasquale Oliveri , Santo 3358 F St.
800 11 ,900
Oliveri , Gaspare San Diego, CA 92102
Oliveri and Maria G.
Cefalu
Earl Scheib Realty 8737 Wilshire Blvd. 970 11 ,500
84-0233-A,B Beverly Hills, CA
Corp. 90211
84-0235-A Greenbrier Apartments, 6526 El Cajon Blvd. 325 2,700
Ltd. San Diego, CA
Elmer Ellis Parker 830 Second Ave. 7,668 58,700
84-0236-A Chula Vista, CA 92011
Gary R. Fleak 609 Arizona St. 2,700 25,200
84-0237-A Chula Vista, CA 92011
Page 3, Item 7
Meeting Date 2/18/86
Area
Parcel No. Owner Address S.F. Value
2,280 23,100
84-0239-A Glad, San4DiJego, CAt.92105
2,438 2,200
84-0241-A,B,C Marcia Villafrancoade Chula rVista,SCA 92011
Martinez
84-0243-A,B,C Adrian Lee and Cherry 971 Skylark Dr. 6,300 8,300
Lee La Jolla, CA 92037
84-0244-A,B,C,D Ratner Clothes Corp. 7300 13th
Diego,St. 1 ,900
92112
84-0245-A1 ,B1 ,C1 Anne E. Ryan, Oberlin J. 676 Moss St.
24,210 61 ,200
84-0247-A1 ,B1 and Vivian L. Evenson Chula Vista, CA 92011 3,057 1 ,000
84-0246-A1 ,B1 South California Paper, 695 Moss 1 ,840 1 ,600
Inc. Chula Vista, CA 92011
It should be noted that the amounts shown on the column headed "value" do not
include the cost of work that needs to be done within the properties to accommodate
the Telegraph Canyon Flood Control Channel improvements. The total cost to acquire
all the easements and the associated construction work needed for the project is
estimated to cost about $676,200. Funds have been budgeted ($2,313,400) that can
be used to cover the entire right-of-way acquisition cost.
Right-of-way plans showing the location and extent of each of the easements needed
for the project will be available at the meeting for Council viewing.
FISCAL IMPACT: Right-of-way ilable as acquisition
Januaryo 29, 1986, estimated
followingt about
$676,200. Funds are available project
accounts to cover this cost:
Project Account No. Amount Available
1 . 600-6000-RCO8 $277,837
2. 600-6000-RC22 290,020
3. 600-6000-RC32 525,000
WPC 1879E
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