HomeMy WebLinkAboutReso 2019-212RESOLUTION NO. 2019-212
RESOLUTION OF NECESSITY OF THE CITY OF CHULA
VISTA TO ACQUIRE CERTAIN REAL PROPERTY OR
INTEREST IN REAL PROPERTY BY EMINENT DOMAIN FOR
E STREET EXTENSION AND TEMPORARY ACCESS FOR
CONSTRUCTION OF ROAD AND WALL
WHEREAS, the Chula Vista Bayfront project is one of the last truly significant large-scale
waterfront development opportunities in Southern California and, at approximately 535 acres, the
project seeks to transform a largely vacant and underutilized industrial landscape into a thriving
recreational, residential, and resort and convention center area; and
WHEREAS, the Chula Vista Bayfront project is an economic development and
redevelopment project of substantial public benefit and interest; and
WHEREAS, the first phase of the Chula Vista Bayfront project is the relocation of an
existing Recreational Vehicle (RV) park. The RV park relocation is an important element of the
overall Chula Vista Bayfront project and is also legally necessary before the development of the
Chula Vista Bayfront Project resort and convention center; and
WHEREAS, in order to complete this first phase, an extension of E Street needs to be
constructed to provide public access to the new RV Park location, and a new recreational trail
leading north from E Street to the northeast corner of the new RV park needs to be constructed to
provide continuous access from the Class 1 Bikeway to the new RV park (“E Street Extension
Project”); and
WHEREAS, in addition to the E Street Extension Project, the City and Unified Port of San
Diego (Port), and its employees, contractors, agents, and invitees, will require: (i) the temporary
access for the construction of a temporary road to facilitate access to the Living Coast Discovery
Center to transport visitors from the parking lot to the Discovery Center and provide access by
employees of the U.S. Fish and Wildlife Agency to their place of employment during the RV Park
relocation (“Temporary Road Project”); and (ii) temporary access for construction of a retaining
wall on an abutting property in furtherance of the Bayfront project (“Wall Project”); and
WHEREAS, the E Street Project, Temporary Road Project, and Wall Project may be
collectively referred to herein as the “Project”; and
WHEREAS, completion of the Project requires the City to acquire easements from the
landowner, SDG&E, for street and public utility purposes, and temporary access for construction
and related purposes, as more particularly described below:
1. a non-exclusive, assignable easement of approximately 0.46 acres of land to excavate for,
erect, construct, install, modify, reconstruct, replace, repair, inspect, patrol, test, maintain,
operate, use, and remove the following facilities: a paved public roadway and public
utilities, conduits, and appurtenances incidental thereto, for public street, utility, and related
municipal purposes at the location described and depicted on Exhibit A (“E Street
Extension Easement”); and
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2. a non-exclusive assignable easement for access over approximately 3,370 square feet of
land measuring five (5) feet wide, at the location described and depicted on Exhibit B, to
perform finish cosmetic work related to a retaining wall being constructed entirely upon an
adjacent property (“Temporary Wall Easement”); and
3. a non-exclusive assignable easement for ingress and egress over approximately 17,087
square feet of land to install, place, lay, construct, operate, use, patrol, maintain, repair and
replace a paved roadway 20.00 feet (narrowing to 13 feet in sections) in width at the
location described and depicted on Exhibit B (“Temporary Road Easement”).
WHEREAS, the E Street Extension Easement, Temporary Wall Easement, and Temporary
Road Easement, may be collectively referred to herein as the “Easements”; and
WHEREAS, portions of the real property within the proposed Easements are currently
appropriated to public use, and may be reasonably expected to be appropriated for public use in
the future, including but not limited to the following:
1. SDG&E’s ownership and maintenance of utility poles, overhead electric facilities,
underground electric facilities, underground gas pipelines, an underground petroleum
pipeline, duct banks, and other related appurtenances; and
2. SDG&E’s ownership and maintenance of electrical vault facilities; and
3. SDG&E’s ownership and maintenance of future electrical transmission lines and related
facilities.
WHEREAS, City’s use of the proposed Easements for the Project will not unreasonably
interfere with or impair the continuance of the public use as it now exists, or may reasonably be
expected to exist in the future, for, without limitation, the following reasons:
1. City has located the Easements and designed the facilities to be developed thereon in
consultation with SDG&E to assure compatibility with SDG&E’s current and future uses
of its improvements and facilities; and
2. City’s use or uses under the proposed Easements shall not restrict or prevent SDG&E’s
access to the property within the Easements so that SDG&E can continue the current
appropriated public uses, or reasonably expected appropriated future public uses, including
access to construct, maintain, or repair facilities in furtherance of its current and future
uses; and
3. City’s use or uses under the proposed Easements shall not prevent or interfere with
SDG&E’s underlying fee ownership rights of property included within the Easements.
WHEREAS, should City’s use or uses under the proposed Easements require or necessitate
a rearrangement, relocation, or reconstruction of SDG&E’s improvements or facilities, the terms
and conditions for such rearrangement, relocation, or reconstruction shall be subject to franchise
agreements between the City and SDG&E, or other future written agreements between the parties;
and
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WHEREAS, working with the Port of San Diego, the required Easements have been
appraised; and
WHEREAS, pursuant to Government Code Section 7267.2 a written Offer to Acquire was
made to the owner of record and that the Offer to Acquire was based upon an approved appraisal;
and
WHEREAS, SDG&E has informed City staff that it is unable, due to regulatory constraints,
to settle this acquisition prior to the City adopting a Resolution of Necessity to condemn the
necessary interest; and
WHEREAS, in order to complete the construction of the Project in a timely and responsible
manner it is necessary to acquire these Easements at this time in order to allow for the timely
completion of the RV park relocation project and elements of the Chula Vista Bayfront project ;
and
WHEREAS, on November 14, 2019, a notice of public hearing was mailed by certified and
first-class mail and was hand delivered to the owner of record notifying them of their right to
appear and be heard on the matter of the City’s interest in adopting a resolution of necessity; and
WHEREAS, in accordance with California Code of Civil Procedure Section 1245.235, the
City properly noticed, for November 19, 2019, a public hearing to consider the resolution, and
gave to each person or entity whose property is to be acquired a reasonable opportunity to be heard
on the matters referred to in Section 1240.030 of the California Code of Civil Procedure, at which
time the public hearing was properly conducted and each person whose property is to be acquired
by eminent domain was afforded an opportunity to be heard on said matters; 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 for the property, all of which are incorporated herein by reference; and
WHEREAS, the City possess the right to acquire said property by the use of eminent
domain pursuant to the California Constitution and the California Eminent Domain Law,
California Government Code Sections 37350 and 37350.5, Code of Civil Procedure Sections
1230.010 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 upon
following all proper procedures and making the 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:
SECTION 1. Compliance with California Code of Civil Procedure and California
Environmental Quality Act. This project has been reviewed for compliance with the California
Environmental Quality Act (CEQA) and it has been determined that the project was adequately
covered in previously certified Final Environmental Impact Report UPD#83356-EIR-
658/SCH#2005081077 for the Chula Vista Bayfront Master Plan.
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SECTION 2. Public Use. The public use for which the real property is to be acquired is for the
construction and operation of public rights-of-way in furtherance of the Project in the City of Chula
Vista, San Diego County, California, and all uses necessary, incidental, or convenient thereto.
SECTION 3. Description of Property. Attached and marked as Exhibits “A” and “B” hereto
are the legal descriptions and depictions of the following property interests required for the Project:
EASEMENT INTERESTS ACROSS PORTIONS OF SAN DIEGO COUNTY
ASSESSOR’S PARCEL NUMBERS 565-010-08, 565-010-12, 565-010-15, AND 567-011-01,
AS SET FORTH IN EXHIBITS “A” AND “B”.
SECTION 4. Findings. Based upon the evidence presented at the hearing, the City of Chula
Vista hereby finds and determines each of the following:
(a) The public interest and necessity require the proposed Project;
(b) The proposed Project is planned or located in the manner that will be most
compatible with the greatest public good and least private injury;
(c) The real property interests described in Exhibits “A” and “B”, and as further
described and limited in this resolution of necessity, are necessary for the proposed
Project;
(d) The proposed public use of the property interests to be acquired will not
unreasonably interfere with or impair the continuance of the public use as it now
exists or may reasonably be expected to exist in the future as provided in Section
1240.510 of the California Code of Civil Procedure;
(e) The offer required by Section 7267.2 of the California Government Code was made
to the owner or owners of record, or the offer has not been made because the
owner(s) cannot be located with reasonable diligence; and
(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 of Chula Vista.
SECTION 5. Use Not Unreasonably Interfering with Existing Public Use(s). Some or all of
the real property or interests in real property to be acquired may be subject to easements and rights-
of-way appropriated to existing public uses. In the event the use or uses will not unreasonably
interfere with or impair the continuance of the public use as it now exists or may reasonably be
expected to exist in the future, counsel for the City of Chula Vista is authorized to acquire the real
property subject to such existing public use(s) pursuant to Section 1240.510 of the California Code
of Civil Procedure.
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SECTION 6. Further Activities. Counsel for the City of Chula Vista is hereby authorized to
file legal proceedings necessary to acquire the hereinabove described real property in the name of
and on behalf of the City of Chula Vista by eminent domain, and counsel is authorized to institute
and prosecute such legal proceedings as may be required in connection therewith. Legal counsel
is further authorized to take such steps as may be authorized and required by law, and to make
such deposits as may be required by order of court, to permit the City to take possession of and
use said real property at the appropriate time to ensure timely construction of the public Project.
Counsel is further authorized to correct any errors or to make or agree to non-material changes in
the legal description of the real property that are deemed necessary for the conduct of the
condemnation action or other proceedings or transaction required to acquire the subject real
property. Counsel is further authorized to reduce or modify the extent of the interests or property
to be acquired so as to reduce the compensation payable in the action where such change would
not substantially impair the construction and operation for the Project for which the real property
is being acquired.
SECTION 7. Appropriation of Necessary Proceeds. The appraised value of the parcels being
considered for acquisition by eminent domain is $77,400. The funds for the acquisition of the
Parcel A which is needed for the E street extension will be funded by the City’s General Fund to
be reimbursed through the Revenue Sharing Agreement with the Port of San Diego. No
appropriations are needed as funding is included in the fiscal year 2019-20 General Fund budget
for the Bayfront project. Funding for Parcel B needed for the temporary construction easements
will be funded by the Port of San Diego.
SECTION 8. Independent Judgement. The City Council hereby finds and determines that their
approval of eminent domain proceedings, adoption of this resolution and related findings made in
connection therewith, were the product of their exercise of their independent review and
judgement.
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Presented by Approved as to form by
Eric C. Crockett Glen R. Googins
Director of Economic Development City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 19th day of November 2019 by the following vote:
AYES: Councilmembers: Diaz, Galvez, McCann, Padilla, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Mary Casillas Salas, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2019-212 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 19th day of November 2019.
Executed this 19th day of November 2019.
Kerry K. Bigelow, MMC, City Clerk
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