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HomeMy WebLinkAboutReso 2002-421 RESOLUTION NO. 2002-421 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DETERMINING AND DECLARING THE PUBLIC NECESSITY TO ACQUIRE CERTAIN RIGHTS-OF-WAY ON PORTIONS OF ASSESSORS PARCEL NUMBERS 571-050-21, 571-050-22, AND 571-050-24 (502, 510, AND 646 "H" STREET) lN CONNECTION WITH THE CONSTRUCTION OF THE "H" STREET ROAD IMPROVEMENT AND BEAUTIFICATION PROJECT, AND AUTHORIZING THE COMMENCEMENT OF CONDEMNATION PROCEEDINGS BY OUTSIDE COUNSEL TO ACQUIRE SAID RIGHTS-OF-WAY AND POSSESSION OF THE PROPERTY IN THE MANNER PROVIDED BY LAW WHEREAS, the "H" Street Improvement and Beautification Project (hereinafter "Project") is intended to enhance the quality of "H" Street between Broadway and Interstate 5 and to provide an enticing entryway to the City's downtown and waterfront areas including reconstructed streets and sidewalks, pedestrian-scale lighting, entry monuments, street trees and shrubs; and WHEREAS, during the past several months, the City of Chuia Vista, through its right-of-way consultant, has been negotiating with property owners along "H" Street to acquire the rights-of-way needed to fully implement the project; and WHEREAS, the City has not been able to reach an agreement with the property owners of APN's 571-050-21, 571-050-22 and 571-050-24 located at 502, 510 and 646 "H" Street; and WHEREAS, the owners of those parcels (hereinafter "Owner") are Della Gold (a.k.a. Della Rubin) (1/3 undivided interest) Harriet Stone, Trustee of the Harriet Stone 1998 Trust dated November 19, 1998 (1/3); Marc Alan Gold (1/24); Melanie Alan Gold (1/24); Leslie Ann Gold (1/24); Audrey J. Sivan (1/24); Cynthia $. Schlunegger (1/24); Nancy S. Stone (1/24); Edward A. Stone (1/24); and Emile I. Stone (1/24); and WHEREAS, on July 10, 2002, in accordance with Government Code Section 7267.2, the City made a written offer of $20,600 to purchase a two-foot wide 500-foot long easement, nmning across the northerly edge of the subject property and adjacent to existing City right-of-way on "H" Street; and WHEREAS, such offer was based on an appraisal by Gilbert F. Kunkel, MAI, Anderson & Brabant, and constitutes just compensation for the property; and WHEREAS, the City has been unable to reach terms for the voluntary acquisition of the property in a timely fashion after good faith efforts to do so; and WHEREAS, in order to acquire the required interest in the property for the Project, it is necessary that the City conduct a public hearing on the matter of adopting a resolution of necessity to commence the eminent domain process; and Resolution 2002-421 Page 2 WHEREAS, pursuant to a certified letter dated and mailed October 3, 2002, owners of record of the affected property were duly notified of the public hearing and their tight to appear and be heard on the matter of interest to adopt the resolution of necessity; and WHEREAS, the owners were also informed that the adoption of the Resolution of Necessity will authorize the acquisition of the necessary property rights through eminent domain; and WHEREAS, in accordance with California Code of Civil Procedure Section 1245.235, the City properly noticed, for October 22, 2002, a public hearing to consider the resolution; at which time the public hearing was properly conducted; and WHEREAS, at such public hearing the City considered all of the evidence submitted including public testimony and all relevant staff reports, and all evidence relating to the need for the Project and the property; and WHEREAS, the City possesses the right to acquire said property by the use of the power of eminent domain pursuant to the California Constitution and the Caiifomia Eminent Domain Law, Code of Civil Procedure Sections 1230.010 et. Seq., including inter alia Sections 1240.010, 1240.110 and 1240.120, 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 upon following all proper procedures and making all required findings. NOW, THEREFORE, the City Council of 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. 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, is located along one of three City entry corridors. The City is in the process of improving and beautifying these corridors through an Entryway Beautification Project. The Project is one element of this larger project and includes reconstructed sidewalks, pedestrian-scale lighting, entry monuments, street trees, and shrubs. As part of the larger Entryway Project and at the same time, extensive roadway improvements will be constructed along the same segment of"H" Street. 2. FINDINGS RELATED TO NECESSITY a. The public interest and necessity require the Project. The Project has been designed to enhance and beautify a key commercial area of the City of Chuia Vista. This area is in the heart of the western half of the City and located between an important shopping mall (which is scheduled for a major renovation) and the entry way to the City's Bayfront. This particular project is also part of a larger, long-term plan to revitalize the "Broadway Street Corridor" and the western half of the City. 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. The beautification area will greatly enhance the aesthetics of an important commercial corridor and only require the City to acquire a small portion of land along the northerly edge of the subject property. Furthermore, the subject property is currently improved with landscaping and will be replaced with landscaping - albeit of a different type. Finally, in an effort to Resolution 2002-421 Page 3 minimize impacts to the right-of-way and the businesses situated along it, the beautification project is being orchestrated in tandem with roadway improvements to "H" Street and construction will stop during the important holiday shopping season. c. The property sought to be acquired is necessary for the Project because landscaping enhancements and other improvements on the subject properties must be consistent and integrated with the rest of the project. For the Project to be effective, the design theme must be carried throughout the segment of "H" Street being improved and beautified. In addition, the properties in question comprise a significant portion of the southern side of"H" Street, are located at the eastern entry point, and are a cornerstone of the beautification corridor. Because of this and the need for strong, comprehensive, and integrated statement at the entry points of the Project, beantificafion and improvement must take place on the property - which cannot occur without its acquisition. d. An offer has been made to the owner of record. On July 10, 2002 the City made a written offer of $20,600 to purchase a two-foot wide 500-foot long easement, running across the northerly edge of the subject property and adjacent to existing City right-of-way on "H" Street. The offer was tendered in compliance with all applicable laws, including notice and appraisal requirements. Furthermore, pursuant to a certified letter dated and mailed October 3, 2002, the Owners of the affected Property were duly notified of the public hearing and their right to appear and be heard on the matter of interest to adopt the resolution of necessity. e. To the extent that any portion of the Property includes property previously dedicated to public use, the taking by the City as to any such portion is either for a compatible public use consistent with and authorized by Code of Civil Procedure Section 1240.510, or for a more necessary public use consistent with and authorized by Code of Civil Procedure Section 1240.610. f. All conditions and statutory requirements necessary to exercise the power of eminent domain ("the right to take")to acquire the property described herein have been complied with by the City Council of the City of Chula Vista. 3. VOLUNTARY OFFER TO PURCHASE THE PROPERTY MADE As set forth in the recitals above, an Offer to purchase 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 Section 7267.2. 4. AUTHORITY TO PROCEED IN EMINENT DOMAIN GRANTED The City Council of the City of Chula Vista, as the designated responsible lead agency for the Project, and ail appropriate officers, representatives and attorneys, are hereby authorized and empowered, as provided by and in accordance with the applicable provisions of the Constitution of Caiifomia, Government Code, Code of Civil Procedure, the City Charter and Municipal Code related to eminent domain, to acquire the necessary easements to the Property by condemnation to be used for the municipal purpose of beautifying and improving a key commercial area of the City of Chula Vista, as 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. 5. RETENTION OF EMINENT DOMAIN COUNSEL AUTHORIZED Resolution 2002-421 Page 4 The City Attorney, and the law firm of Bartz & Associates as special attorneys for the 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 attorney 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). 6. APPROPRIATION OF NECESSARY PROCEEDS The proceeds required to fund the Project is currently budgeted for in Capital Improvement Program (CIP) Project STM-334. 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 City. The City 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. 8. CEQA COMPLIANCE The Beautification Project has been previously analyzed for environmental impact purposes and a Notice of Exemption was filed pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15301 Class 1. This action creates no additional impacts. It is being adopted to allow the City to build the project as originally planned and does not increase its size or scope. 9. INDEPENDENT JUDGEMENT The City hereby finds and determines 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 judgment. Presented by Approved as to form by Chris Salomone- Jo)~. Kaheny /~') Community Development Director ~ Attomey Resolution 2002-42~ Page 5 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 22nd day of October, 2002, by the following vote: AYES: Councilmembers: Davis, Padilla, Salas and Horton NAYS: Councilmembers: Rindone ABSENT: Councilmembers: None Shirley Hortoj~/Mayor A'I'I'EST: Susan Bigelow, City Cl~rk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2002-421 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 22nd day of October, 2002. Executed this 22nd day of October, 2002. ~'~:~ ~ , /~ ~ ~/,~ O ,o,---- Susan Bi~elow, City ClerI~