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HomeMy WebLinkAboutRDA Reso 1999-1639 AGENCY RESOLUTION NO. 1639 RESOLUTION OF THE REDEVELOPMENT AGI "NCY OF THE CITY OF CHULA VISTA DETERMINING AND DECiJ,RING THE PUBLIC NECESSITY TO ACQUIRE CERTAIN REAL PR :)PERTY LOCATED AT 795 "F" STREET, CHULA VISTA, CALII:ORNIA FOR THE BFGOODRICH RELOCATION PROJECT AND ~,UTHORIZlNG THE COMMENCEMENT OF CONDEMNATION I ROGEEDINGS BY OUTSIDE COUNSEL TO ACQUIRE SAID PROP !RTY WHEREAS, the Redevelopment Agency of the City of Chula Vista ("Agency") has authorized the execution of the Relocation Agreement ("PA") by and between the City, Agency, San Diego Unified Port District ("District"), and Rohr, Inc., operating as BFGoodrich Aerospace Aerostructures Group ("BFG"); and WHEREAS, the PA contemplates the acquisifior of real property located at 798 "F" Street, Chula Vista, ("Property") to effectuate the relocation and c~ ~nsolidation of BFG operations north of the proposed "H' Street extension in the Bayfront Redevelopme ~t Project Area; and WHEREAS, on November 30, 1998, in accorda~ ~ce with Government Code Section 7267.2, the Agency made an offer to acquire the property to The Rados Brothers, the owner thereof; such offer was based on an appraisal and constitutes just compen ~ation for the Property; and WHEREAS, such letter also extended to the Radc s Brothers owner participation fights in accordance with Health and Safety Code Section 3333) requirements and the Bayfront Redevelopment Plan; the Rados Brothers did not respond to Ach letter and thereby waived their owner participation rights effective as of January 4, 1999; and WHEREAS, the Agency has been unable to rea ~ terms for the voluntary acquisition of the Property in a timely fashion after good faith efforts to do so ~nd WHEREAS, in order to acquire the necessary in ,rest in the Property, it is necessary that the Agency conduct a public headng on the matter of ad 3pting a resolution of necessity to commence the eminent domain process; and WHEREAS, pursuant to a certified letter dated Jun ~ 4, 1999, the owner of record of the affected Property, Rados Brothers, was duly notified of the public I~eafing and their right to appear and be heard on the matter of interest to adopt the resolution of nec. ess 'ty; and WHEREAS, the owner was also informed that the adoption of the resolution of necessity will authorize the acquisition of the necessary property fi! hts through eminent domain; and WHEREAS, in accordance with California Code ¢ Civil Procedure Section 1245.235 the Agency properly noticed, for July 13, 1999, a public head to consider the Resolution; the headng was properly continued until July 20, 1999 and again ul~til July 27, 1999 at which time the public hearing was properly conducted; and, WHEREAS, at such public hearing the Agency, considered all of the evidence submitted including all relevant staff reports, and all evidence rel; ting to the need for the Project and the Property; and, WHEREAS, the Agency possesses the dght to; cquire said Property by the use of the power of eminent domain pursuant to the California Cons'itution and the California Eminent Resolution No. 1639 Page 2 of 5 Domain Law, Code of Civil Procedure sections 1230.010 et. Seq., including inter alia Sections 1240.010, 1240.110 and 1240.120, and in furtherance of redevelopment pursuant to California Health and Safety Code Section 33000 et. Seq., and in accordance with California Code of Civil Procedure Section 1240.030 which provides that the power of eminent domain may be exercised to acquire property for a proposed project if the following conditions are established: a) the public interest and necessity require the project; b) the project is planned or located in a manner that will be the most compatible with the greatest public good and least private injury; c) the property sought to be acquired is necessary for the project. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA DO HEREBY FIND, RESOLVE AND DETERMINE, BY A VOTE OF NOT LESS THAN TWO- THIRDS OF ITS MEMBERS, AS FOLLOWS: 1. PROPOSED USE AND DESCRIPTION OF PROPERTY TO BE ACQUIRED The Property, as more particularly described in the above recitals and on Exhibit A attached hereto and incorporated herein by this reference, shall be acquired for the purposes of transferring it to BFG as part of their relocation project to consolidate and modernize their campus north of the proposed "H" Street extension subject to the terms and conditions of that certain Relocation Agreement by and between the City of Chula Vista, Chula Vista Redevelopment Agency, BFG and Port. The Property is necessary for the interim use of parking and for the ultimate development of additional office/industrial facilities on the consolidated BFG campus. 2. FINDINGS RELATED TO NECESSITY a. Public Interest and Necessity Require the Proiect. The public interest, convenience and necessity of the Agency, and its residents, require the acquisition of the property for the stated purpose for reasons including but not limited to: t) allow for the potential redevelopment of the property being vacated by BFG south of "H" Street, including the environmental investigation, characterization and ultimately the cleanup in accordance with appropriate development standards; 2) create the opportunity to extend "H" Street which is necessary for better public access to the waterfront as well as for other development projects in the Bayfront project area without additional and unnecessary public expense associated with condemning the right-of-way through the middle of the existing BFG campus, and any potential relocation costs and damages that could arise; 3) stimulate the private investment in the modernization and capitalization of the BFG industrial campus which is a major corporate entity and employer in the City of Chula Vista; and 4) promote the redevelopment of the Property into office/industrial uses whereas the Property is currently in a blighted and dilapidated condition. b. Proiect Planned and Located for Greatest Public Good and Least Private Iniury. The Project has been planned and located to be most compatible with the greatest public good and the least private injury for reasons including, but not limited to, that the property is currently a public nuisance under single property ownership in a blighted and dilapidated condition with a vacant, burned out industrial building. c. Property to be Acquired is Necessary for the Project. Resolution No. 1639 Page 3 of 5 The Rados property at 798 "F" Street is nece ~sary for the project. The Property is necessary for the Project for reasons including, but not limi ed to, because it lies immediately adjacent to BFG's existing corporate administrative office building at the southwest corner of Bay Boulevard and "F" Street and needs to be included to prop6rly master plan BFG's new North Campus. The consolidation of the BFG campus north of !" Street requires BFG to vacate approximately 60 acres and 800,000 sq. ft. of building facilities. ~uch a massive consolidation is not currently possible without additional land assemblage north ~ "H" Street including the Rados property (3.02 acres), the Agency's Bay Boulevard propertiE (3.65 acres), as well as other properties from the Port, SDG&E and MTDB (totaling 26.51 act ;). The Property is necessary for the interim uses of parking and staging relocation activities. Th~ acquisition of the Rados parcel is also necessary over the long-term for BFG to consolidate their G ~erations and master plan their new campus to its highest and best use. d. Public Use Properly. To the extent that any portion of the Pr( )erty includes property previously dedicated to public use, the taking by the Agency as to any su( h portion is either for a compatible public use consistent with and authorized by Code of Civil Pre cedure Section 1240.510, or for a more necessary public use consistent with and authorized b) Code of Civil Procedure Section 1240.610. e. Compliance with Riqht to Take All conditions and statutory requirements n~cessary to exercise the power of eminent domain ("the right to take") to acquire the property de~ ;cribed herein have been complied with by the Redevelopment Agency of the City of Chula Vista. 3. VOLUNTARY OFFER TO PURCHASE THE PR( PERTY MADE As set forth in the recitals above, an offer to p~ 'chase the Property for an amount constituting just compensation, as determined by an appraisal, has been made to the owner(s) of record of the Property in accordance with Government Code Sec ion 7267.2. 4. AUTHORITY TO PROCEED IN EMINENT DOM,~ IN GRANTED The Redevelopment Agency of the City of Chula Vista, as the designated responsible lead agency for the Project, and all appropriate of'fi( ers, representatives and attorneys, are hereby authorized and empowered, as provided by and n accordance with the applicable provisions of the Constitution of California, Government Code, Code of Civil Procedure, the City Charter and Municipal Code related to eminent domain, to acqu re the necessary easements to the Property by condemnation is the name of the Redevelopment ,~ gency of the City of Chula Vista to be ~ised for the municipal purpose of enhancing a transportatio~ facility, and for Health and Safety purposes, as and to that end, it is authorized and directed to co~ ~mence and to prosecute an action or actions in eminent domain for the purpose of acquiring easem~ ~nts to the Property. 5. RETENTION OF EMINENT DOMAIN COUNSEL ~,UTHORIZED The Agency Attorney as General Counsel, and t ~e law firm of Daley & Heft, special attorneys for City, are hereby authorized to prepare and prosecL te in the name of the Agency, such proceeding or proceedings in the proper court having jurisdictior thereof, as are necessary for such acquisition; and to prepare and file such pleadings, documents )riefs, and other instruments and to make such arguments and to take such actions as may be nece., sary in the opinion of said attorneys to acquire for said Agency the said real property. Said attorne~ are specifically authorized to take Resolution No. 1639 Page 4 of 5 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). 6. APPROPRIATION OF NECESSARY PROCEEDS The proceeds required to fund the Project is contemplated to come from the San Diego Unified Port District as provided in the BFG Relocation Agreement authorized for execution by the City Council and RDA of the City of Chula Vista at the same scheduled public hearing held on July 27, 1999. 7. ISSUES OF URGENCY, EXPEDIENCY, DESIRABILITY AND NECESSITY The acquisition of the Property is urgently needed to expediently complete the Project and is manifestly desirable and essential to the declared objects of the Agency. The Agency has urgent need for the immediate possession of such Property, and the designated attorneys on behalf of the Agency are authorized and directed to secure an order of court authorizing the Redevelopment Agency of the City of Chula Vista to take possession of said Property at the earliest possible date. 8. CEQA COMPLIANCE The Agency has concurrently reviewed and adopted a Mitigated Negative Declaration IS-99-21 for the Project and made all appropriate findings and adoptions required by the California Environmental Quality Action ("CEQA") in connection therewith. To the extent that the adoption of this Resolution in and of itself will not generate any significant environmental impacts, this action is exempt from CEQA in accordance with CEQA Guidelines Section 15061(b)(3). 9. INDEPENDENT JUDGEMENT The Agency hereby find and determine that their approval of eminent domain proceedings, adoptions of this Resolution and related findings made in connection therewith, were the product of their exercise of their independent review and judgement. Presented by: Approved as to form by: ~ ~redc%oSralo~mcOonmem u n ity Develop me nt ,~o~ ~, ~__~,/~ ~N~/) - Resolution No. 1639 Page 5 of 5 PASSED, APPROVED and ADOPTED BY THE REDEVELOPS. ENT AGENCY OF THE CITY OF CHULA VISTA, CALIFORNIA this 27th day of July, 1999 by the fol owing vote: AYES: Davis, Moot, Padilla, Salas and ChaidMay~ ,r Horton NOES: None ABSENT: None ABSTENTIONS: None Shirley Hor Chairman ATTEST: ~--'~ ~ Chris Salomone Executive Secretary STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss: CITY OF CHULA VISTA ) I, Chris Salomone, Executive Secretary to the Redevelopment ~,gency of the City of Chula Vista, California DO HEREBY CERTIFY that the foregoing is a full, true and correct copy of Resolution No. 1639 and that the same has not been amended or repealed. Dated: July 27,1999 ~ ~t~¢'~ Chris Salor ~one Executive ,' iecretary EXHIBIT A ASSESSOR'S PARCEL MAP ......... ~~ ~-[~ Lipman Stevens Marshall & Thene, Inc. 19