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Home My WebLink AboutRDA Packet 1996/04/16 Tuesday, April 16, 1996 Council Chambers 6:00 p.m. Public Services Building (immediately following the City Cooned meetiog) Joint Meeting of the Redevelopment Agencv/Citv Council of the City of Chula Vista CALL TO ORDER 1. ROLL CALL: Agency/Council Members Alevy -, Moot -' Padilla_, Rindone -, and Chair/Mayor Horton - 2. APPROVAL OF MINUTES: April 9, 1996 CONSENT CALENDAR (Item 3) The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by the Agency by one motion without discussion unless an Agency, a member of the public or City staff requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak Form" available in the lobby and submit it to the Secretary of the Redevelopment Agency or the City Clerk prior to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete the pink form to speak in opposition to the staff recommendation.) Items pulled from the Consent Calendar will be discussed after Action Items. Items pulled by the public will be the first items of business. 3. WRITTEN COMMUNICATIONS: None * . END OF CONSENT CALENDAR' . PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES The following items have been advertised and/or posted as public hearings as required by law. If you wish to speak to any item, please fill out the "Request to Speak Form" available in the lobby and submit it to the Secretary of the Redevelopment Agency or the City Clerk prior to the meeting. (Complete the green form to speak infavor of the staff recommendation; complete the pink form to speak in opposition to the staffrecommendation.) Comments are limited to five minutes per individual. 'm Co ~- :~;L~tJJ1Þ Agenda -2- April 16, 1996 4. JOINT AGENCY/COUNCIL PUBLIC HEARING: TO CONSIDER CONDEMNATION OF INTEREST IN CERTAIN REAL PROPERTY COMPRISED OF APPROXIMATELY 9977.88 SQUARE FEET, LOCATED AT 40 NORTH FOURTH AVENUE (TARGET SHOPPING CENTER), CHULA VISTA, CALIFORNIA--On 11/15/94 the Council and Agency held a joint public hearing and approved the Final Environmental Impact Report and Precise Plan, along with other discretionary land-use approvals for the Channelside Shopping Center project. The FEIR and Precise Plan require a fully signalized concentric intersection in order to mitigate traffic impacts. The purpose of this public hearing is to determine the public necessity to acquire the property by means of eminent domain. Staff recommends approval of the joint resolution. (Continued from the meeting of April 9, 1996) (Community Development Director) AGENCY RESOLUTION 1493 and COUNCIL RESOLUTION 18253 FINDING AND DETERMINING PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY COMPRISED OF APPROXIMATELY 9,978 SQUARE FEET LOCATED AT 40 NORTH FOURTH AVENUE, CHULA VISTA, CALIFORNIA AND AUTHORIZING THE COMMENCEMENT OF CONDEMNATION PROCEEDINGS BY OUTSIDE COUNSEL TO ACQUIRE RIGHT-OF-WAY ORAL COMMUNICATIONS This is an opportunity for the general public to address the Redevelopment Agency on any subject matter within the Agency's jurisdiction that is not an item on this agenda. (State law, however, generally prohibits the Redevelopment Agency from taking action on any issues not inc/aded on the posted agenda.) If you wish to address the Council on such a subject, please complete the yellow "Request to Speak Under Oral Communications Form" available in the lobby and submit it to the Secretary to the Redevelopment Agency or City Clerk prior to the meeting. Those who wish to speak, please give your name and address for record purposes and follow up action. Your time is limited to three minutes per speaker. ACTION ITEMS The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by the Agency, staff, or members of the general public. The items will be considered individually by the Agency and staff recommendations may in certain cases be presented in the alternative. Those who wish to speak, please fill out a "Request to Speak" form available in the lobby and submit it to the Secretary to the Redevelopment Agency or the City Clerk prior to the meeting. Public comments are limited to five minutes. ITEMS PULLED FROM THE CONSENT CALENDAR This is the time the Redevelopment Agency will discuss items which have been removed from the Consent Calendar. Agenda items pulled at the request of the public will be considered prior to those pulled by Agency Members. Public comments are limited to five minutes per individual. Agenda .3. April 16, 1996 OTHER BUSINESS 5. DIRECTOR'S/CITY MANAGER'S REPORT(S) 6. CHAIR'SIMAYOR'S REPORT(s) 7. AGENCY/COUNCIL MEMBER COMMENTS ADJOURNMENT The meeting will adjourn to (a closed session and thence to) the Regular Redevelopment Agency Meeting on May 7, 1996 at 4:00 p.m., immediately following the City Council meeting, in the City Council Chambers. ...... CLOSED SESSION Unless Agency Counsel, the Executive Director, or the Redevelopment Agency states otherwise at this time, the Agency will discuss and deliberate on the following item(s) of business which are permitted by law to be the subject of a closed session discussion, and which the Agency is advised shouid be discussed in closed session to best protect the interests of the City. The Agency is required by law to return to open session, issue any reports of.tiJlgJ action taken in closed session, and the votes taken. However, due to the typical length of time taken up by closed sessions, the videotaping will be terminated at this point in order to save costs so that the Agency's return from closed session, reports of.tiJlgJ action taken, and adjournment will not be videotaped. Nevertheless, the report of final action taken will be recorded in the minutes which will be available in the Office of the Secretary to the Redevelopment Agency and the City Clerk's Office. 8. SALE AND DISPOSITION OF REAL PROPERTY - Pursuant to Government Code Section 54956.8 . Disposition of Agency-owned property at 760 Broadway (Parcel Nos. 571-200-13, 14, 15, 16, 17), Redevelopment Agency Broadway Business Homes. 9. REPORT OF ACTION(S) TAKEN IN CLOSED SESSION COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT The City of Chula Vista, in complying with the Americans With Disabilities Act (ADA), request individuals who require special accommodations to access, attend, and/or participate in a Cit/y meeting, activity, or service request such accommodation at least forty-eight hours in advance for meetings and five days for scheduled services and activities. Please contact the Secretary to the Redevelopment Agency for specific information at 619.691.5047 or Telecommunications Devices for the Deaf (TDD) at 619.585.5647. California Relay Service is also available for the hearing impaired. [C: I WP5! IAGENCYlAGENDASI04-16-96.AGD] ~ , ~ q; as &: !Blank MINUTES OF A JOINT SPECIAL MEETING OF THE REDEVELOPMENT AGENCY/ CITY COUNCIL OF THE CITY OF CHULA VISTA i April 9, 1996 Council Chambe't 8:50 p.m. Public Services Buildinr CALLTOORD~ : I I I 1. ROLL CALL: I PRESENT: Agency/Council Members Alevy, Moot, Padilla, Rindone, and ChairlMayJr Horton t ALSO PRESENT: John D. Goss, Director/City Manager; Bruce M. Boogaard, Agency/Ci Attorney; and Beverly A. Authelet, City Clerk 2. APPROVAL OF MINUTES: March 26,1996 MSUC (RindonelHorton) to approve the minutes of March 26, 1996 as presented. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 3. PUBLIC HEARING REGARDING THE SALE OF SPACE NUMBER 152 AT ORANGE TRE MOBILEHOME PARK--This is a request to authorize the sale of Space 152 at Orange Tree Mobilehome Par . The Community Development Director will be authorized to execute the purchase contract and escrow instructio s and take such other action as deemed necessary to consummate the sale. Staff recommends approval of e resolution. (Community Development Director) I RESOLUTION 1492 APPROVING THE SALE OF SPACE NUMBER 152 AT ORANGE TREt MOBILEHOME PARK AND AUTHORIZING THE COMMUNITY DEVELOPMENT DIRECTOR T EXECUTE A PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS This being the time and place as advertised, the public hearing was declared open. There being no public testimoJ, the public hearing was declared closed. 1 RESOLUTION 1492 OFFERED BY MEMBER PADILLA, reading of the text was waived, passed ~d approved unanimously. I 4. PUBLIC HEARING TO CONSIDER CONDEMNATION OF INTEREST IN CERTAIN REi PROPERTY COMPRISED OF APPROXIMATELY 9977.88 SQUARE FEET, LOCATED AT 40 NORT FOURTH AVENUE (TARGET SHOPPING CENTER), CHULA VISTA, CALIFORNIA--On 11/15/94 e Council and Agency held a joint public hearing and approved the Final Environmental Impact Report and Preci Plan, along with other discretionary land-use approvals for the Channelside Shopping Center project. The FE R and Precise Plan require a fully signalized concentric intersection in order to mitigate traffic impacts. The purpo of this public hearing is to determine the public necessity to acquire the property by means of eminent dams' . Staff recommends approval of the joint resolution. (Community Development Director) I RESOLUTION 1493 and RESOLUTION 18253 FINDING AND DETERMINING PUBLIC INTEREST NECESSITY FOR ACQUIRING AND AUTHORIZING THE CONDEMNATION OF CERTAIN RE PROPERTY COMPRISED OF APPROXIMATELY 9,978 SQUARE FEET LOCATED AT 40 NORT FOURTH AVENUE, CHULA VISTA, CALIFORNIA AND AUTHORIZING THE COMMENCEMENT CONDEMNATION PROCEEDINGS BY OUTSIDE COUNSEL TO ACQUIRE RIGHT-OF-WAY d-j Minutes April 9, 1996 Page 2 Member Alevy stated the applicant was a client of the firm he was employed by, therefore, he would abstain from participation in order to avoid a conflict of interest. Member Moot stated he had not been able to contact Albert Borgerding to see if he was related to William Borgerding as he had worked on legal matters for Albert Borgerding. Because he was not able to confirm that he felt it best that he abstain from participation in order to avoid a conflict of interest. Mr. Boogaard stated four votes were required to pass a resolution of necessity. If Member Alevy felt confident that he had a conflict and Member Moot was uncertain, it was better to verify Member Moot's ability to participate before the use of the rule of necessity. Member Moot stated he was not going to take a chance with the Fair Political Practices Commission by evoking the rule of necessity and participating to subsequently learn from the FPPC that he should not have participated. Mr. Boogaard questioned if the item could be deferred until an opinion could be received from the FPPC because it could not be done without four affirmative votes. Chris Salomone, Director of Community Development, stated staff preferred that action be taken in order to proceed with the project, but he did feel that they could sustain a delay. This being the time and place as advertised, the public hearing was declared open. . Scott Biel, 550 West "CO Street, San Diego, CA, representing Target Stores, stated they were not opposed to a continuance. . Jack Duncan, 3250 Sports Arena Boulevard, San Diego, CA, representing Dixieline Lumber Company, stated Dixieline agreed about six months ago to a temporary traffic arrangement on Fourth AvenuelHighland for the purpose of providing public safety in lieu of a signalized, realigned, concentric intersection. They had been assured in writing that construction would start on the intersection shortly after the first of the year with completion about April 1996. Dixieline was wiling to forego a signalized intersection over the protests of the City of National City for a temporary period of time because it was a slow time of the year for Dixieline. They were presently in the height of Dixieline's business period. They preferred a continuance over a defeat of the resolution, but he urged the Agency/Council to act with a great deal of dispatch to get the issue resolved as it had seriously affected their business. A continuance would give staff more time to talk to Target and it's management about resolving the issue outside of the courtroom. MS (Horton/Alevy) to continue the public hearing to the meeting of 4/16/96. Mr. Biel stated it was his understanding that it was a continuance of the matter and that arguments would be heard at that time. Member Rindone stated he had a number of reservations and concerns regarding the item. He was especially concerned that there was a presumption of the will of the Agency/Council by staff and requested that if there were any commitments made in writing that copies be forwarded to Members prior to the hearing next week. VOTE ON MOTION: approved 3-0-0-2 with Alevy and Moot abstaining. ORAL COMMUNICATIONS None ~-.2 - Minutes, April 9, 1996 Page 3 ACTION ITEMS 5. RESOLUTION 1493 APPROVING A CONSULTING CONTRACT WITH KEYSER MARSTO ASSOCIATES, INC. FOR THE PROVISION OF REDEVELOPMENT CONSULTING SERVICES T DETERMINE WHETHER THE BA YFRONT REDEVELOPMENT PROJECT CAN BE AMENDED T INCLUDE THE CHULA VISTA TIDELANDS-Recent changes in Community Redevelopment Law require ne redevelopment areas to meet stringent urbanization and bligbt criteria. It is requested the consulting firm of Keyse Marston, in collaboration with the law firm of Kane, Ballmer and Berkman be retained to provide expert opinio as to whether this area qualifies for redevelopment assistance. Staff recommends approval of the resolution (Community Development Director) Chris Salomone, Director of Community Development, stated the action would initiate a process to investigate th addition of the Port lands to the redevelopment area. Staff felt that would be a great benefit to the development a the Bayfront. Member Rindone questioned if tbe City Attorney supported the belief that the Agency needed legal counsel t evaluate the Redevelopment Agency requirement and apply them to the Bayfront tidelands. Mr. Boogaard responded that staff bad not made new determinations under AB 1290 that were set fortb in th Health and Safety Code. Kane, Ballmer and Berkman were experts in the field. His deputy bad been working wit staff on the matter and felt the retention of an expert was appropriate. RESOLUTION 1493 OFFERED BY CHAIR HORTON, reading of the text was waived. Mr. Boogaard stated the consulting agreement omitted the inclusion of the bourly rate scbedule should it necessary to apply it to Kane, Ballmer and Berkman. He requested that it be included as Exhibit B-1 to proposed agreement. Chair Horton questioned if they were a local firm. Mr. Boogaard responded that they were a Los Angeles firm, but bad a state-wide reputation. They were one f two state-wide legal experts in redevelopment law and bad been selected by Keyser Marston as a sub-consultant a advise them on the blight determinations. Chair Horton questioned if there was a San Diego firm that would fit the requirements needed. Mr. Boogaard replied that he was unaware of a San Diego firm with the same reputation. Member Moot noted that the hourly rates were quite low. VOTE ON MOTION: approved 4-1 with Rindone opposed. OTHER BUSINESS 6. DIRECTOR'S/CITY MANAGER'S REPORTCS) - None 7. CHAIR'S/MA YOR'S REPORTCS) - None :¿-3 Minutes April 9, 1996 Page 4 8. AGENCY/COUNCIL MEMBER COMMENTS Member Rindone . Member Rindone requested that staff utilize the Agency binders whenever there was more than one item on the agenda. ADJOURNMENT ADJOURNMENT AT 9:09 P.M. to the Regular Redevelopment Agency Meeting on April 16, 1996 at 6:00 p.m., immediately following the City Council meeting, in the City Council Chambers. Respectfully submitted, BEVERLY A. AUTHELET, CMC/AAE, City Clerk by: \J ;)-1/ - JOINT CITY COUNCIL/REDEVELOPMENT AGENCY AGENDA STATEMENT Item~ f!/~ Meeting Date O~ 'ib ITEM TITLE: PUBLIC HEARING: Joint Public Hearing of the City Council and Redevelopment Agency to consider Condemnation of Interest in certain real property comprised of approximately 9,978 square feet, located at 40 N. Fourth Avenue (Target Shopping Center), Chula Vista, California JOINT RESOLUTION of the City of Chula Vista City Council and the Redevelopment Agency of the City of Chula Vista finding and determining public interest and necessity for acquiring and authorizing the condemnation of certain real property comprised of approximately 9,978 square feet located at 40 N. Fourth Avenue, Chula Vista, California and authorizing the commencement of condemnation proceedings by outside counsel to acquire right-of-way SUBMITTED BY: Ch,', S,'omoo,. Comm""'<y D'."OP¡"""'Cc,. REVIEWED BY: John D. Goss, City Manage~ ~ 5ths Vote: Yes.lL No -) Council Referral Number: - BACKGROUND: On November 15, 1994, the City Council and Redevelopment Agency held a joint public hearing and approved the Final Environmental Impact Report (FEIR) and Precise Plan, along with other discretionary land-use approvals, for the Channelside Shopping Center (Wal-Mart) project at the northwest quadrant of N. Fifth Avenue and C Street in the Town Centre II Redevelopment Project Area. This project, formally named the South Bay Marketplace, included additional tenants/users on the "Chula Vista" portion and a joint development immediately adjacent to the east in the city of National City that will include, among several other tenants/users, a new building for the existing Dixieline store. Copies of the site plan for the joint development project along with the proposed design for the intersection are attached as Exhibits A and A-1. As a condition to the issuance of building permits for the South Bay Marketplace project, the FEIR and Precise Plan required that a fully signalized concentric intersection be constructed at N. Fourth Avenue and Brisbane in order to mitigate the traffic impacts expected to be generated from: 1) the build-out of the Chula Vista site (after Wal-Mart), and 2) the build-out of the National City site (after the new Dixieline). In order to construct the intersection, approximately 9,978 sq. ft. of the existing Target parking lot immediately opposite of Brisbane needs to be acquired. Included as Exhibits B through B-5 are the legal descriptions and plat maps for the property to be acquired along with the easements that are to be retained for traffic control devices and pedestrian access. The purpose of this public hearing is to determine the public necessity to acquire the property by means of eminent domain. RECOMMENDATION: It is recommended that the City Council and Redevelopment Agency conduct the public hearing and adopt the joint City Council and Redevelopment Agency Resolution of Necessity authorizing the City of Chula Vista to acquire the identified property through eminent domain. J-f-J Page 2, Item~ Meeting Date 04lO9f9tÍ L( (( (9 Þ BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable. DISCUSSION: After approval of the project at the November 15, 1994 meeting and the subsequent approval of a Subdivision and Precise Plan Improvement Agreement on February 7, 1 995, the Wal-Mart store was opened in November 1995. Pursuant to the conditions placed on the project, Gatlin Development Company was required to attempt to acquire, through private negotiations, the property necessary for construction of the intersection and access road at Fourth Avenue and Brisbane. The City and Agency in return, agreed to evaluate the need and/or appropriateness for the use of eminent domain in the event that Gatlin was unsuccessful in their efforts. For purposes of definition, the "Required Property" to be obtained is proposed to be in the form of an easement and used for the construction and maintenance of a roadway segment, a signalized concentric intersection, and related appurtenances ("Required Improvements") at the corner of Fourth Avenue and Brisbane in the City of Chula Vista. Efforts to Acquire Property Gatlin Development made an offer to the property owners, based upon an appraisal, of $120,734 (or $12.10 per sq. ft.) through a letter dated July 6, 1995. The property owners of record are 1) Charles Kerch, Nellie Streeter Crane, Ltd., and 2) William Borgerding, Trustee, Lucyle E. Borgerding Family Trust. The property owners failed to respond to the offer, and subsequently, Gatlin Development tendered a request for condemnation action to the City in a letter dated August 6, 1995. After evaluation by staff and subsequent efforts to open a dialogue with the fee owners and leasehold interests; ( Sunbelt Development and Target Stores, Inc.) the City presented an offer to the property owners for $124,725 ($12.50 per sq. ft.) pursuant to Government Code Section 7267.2 by certified mail on October 2, 1995, and again on October 18, 1995. The offer was contingent on the City's approval and acceptance of title which is free and clear of all encumbrances, including any leasehold interests. Subsequent to the October 18 letter, the property owners agreed to the purchase price ($124,725) and submitted a signed acceptance to the City on October 27. The matter, with all necessary monies from the developer, was then submitted to First American Title and an escrow was opened for consummation of the transaction on November 17, 1995. Unfortunately, the property owners were unsuccessful in getting "sign off" from Target Stores and the title company was unwilling to issue clear title without acceptance from Target. As a result, it became apparent that the only avenue for the City and Agency to acquire the property was through eminent domain. Therefore, the Agency provided a final offer to purchase plus a notice of public hearing on March 12 (and March 20 with a corrected public hearing date) with copies to all interested parties (included as Attachment 1 and 1 A). Finally, after receipt of the notice(s) of public hearing, Target's legal counsel contacted staff in an effort to gain more specific information about the proposed acquisition and in particular, the design of the intersection and its impact on the Target parking lot. Staff advised that the proposed design was purposely intended to minimize the impact of the Target parking lot (loss of 32 spaces) while providing their customers with better, safer ingress and egress through the intersection and access road. 4-'2- Page 3, ItemL / iç,/9!o Meeting Date 2,4/09/96-- If Requirements and Findings for Eminent Domain Action In order to adopt a Resolution of Necessity, the California Code of Civil Procedure, section 1240.030, provides that the power of eminent domain may be exercised to acquire property for a proposed project if certain conditions are established. Following is a list of the required conditions along with the appropriate findings: 1. The public interest and necessity require the project. The public interest and necessity require the acquisition of the Required Property in order to construct the Required Improvements that is necessary to mitigate the traffic impacts generated by the Channelside Shopping Center ("Project") and adjacent projects, and to otherwise provide for safe and proper traffic flows through the intersection. 2. The project is planned or located in a manner that will be the most compatible with the greatest public good and the least private injury. The Required Improvements are planned and located to be most compatible with the greatest public good because, in accordance with City traffic studies, they maximize the necessary traffic mitigation and control where the most intense traffic flows are expected to occur. The traffic study for the project indicated that of the 23,500 average daily trips to be generated from both the Wal-Mart and Oixieline centers, 40% or 9,400 trips are expected to occur at the Fourth Avenue and Brisbane intersection. A fully aligned intersection at this location is far superior to a non-aligned intersection because of substantially improved safety and movements for both vehicular and pedestrian traffic. The Required Improvements are planned and located to be most compatible with the least private injury in that any other feasible plan or location would cause even more significant impacts on private property. As currently proposed the Required Improvements require the taking of approximately 9,977.88 square feet. This is a relatively small portion of the overall parcel owned by Nellie Streeter Crane, Ltd. and the Lucyle E. Borgerding Family Trust at this location. Moreover, the parking spaces which are being taken from the Target store which operates on the parcel are spaces which are located relatively far away from the Target store entrance, and therefore are the least used of all available spaces. The need for the Required Improvements for health and safety purposes outweighs the minor effect on Nellie Streeter Crane, Ltd. and the Lucyle E. Borgerding Family Trust and other parties having a leasehold interest in the property. 3. The property sought to be acquired is necessary for the project. The Required Property is necessary for the Required Improvements because it underlies the property over which the realigned roadway, striping and signalization equipment must be located. '-1-3 - Page 4, 'temL ~ IQ/'ib Meeting Date 041.O9f9t)"" if 4. The offer required by Government Code section 7267.2 has been made to the owner of record. The offer required by section 7267.2 of the Government Code was made to the owners of record in an amount constituting just compensation, based upon the fair market value as established in an independent appraisal of the property. 5. The taking, as to any portion which is appropriated or dedicated to a public use, is for a compatible public use consistent with and authorized by the California Code of Civil Procedure section 1240.510; and, 6. The taking as to any portion of the property which is appropriated or dedicated to a public use is for a more necessary public use consistent with and authorized by California Code of Civil Procedure section 1240.610. To the extent that any portion of the Required 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. As a final note, the value of the property contemplated to be taken is not fixed by this proposed Resolution of Necessity. The City and Agency have submiited offers based upon a "special use" appraisal taking into account the current use of the property. Any disputes relative to the ultimate valuation is to be decided at another phase of this process, and is not a basis for delaying the adoption of the resolution as along as an offer pursuant to Government Code section 7267.2 has been made as stated in #4 above. FISCAL IMPACT: This specific eminent domain action will not have a fiscal impact on the City or Agency. All costs associated with the property acquisition, (including escrow, title and legal fees) along with the subsequent construction, is being funded entirely by Gatlin Development Company. Additionally, any increase in the ultimate valuation determined to be "just compensation" for the property will also be the responsibility of the developer. m:lhomelcommdevlhayneslreportsltargtrow.113 'i-tf - ATTACHMENT 1 ~'- ~{~ "'... ; ì ~.---: ~::::-:: OlY OF CHUIA VISfA COMMUNITY DEVELOPMENT DEPARTMENT March 20, 1996 CERTIFIED MAil - RETURN RECEIPT REQUESTED Mr. Charles Kerch Mr. William Borgerding K & S Limited Trustee, lucyle E. Borgerding Family Trust Nellie Streeter Crane, ltd. 8914 Fletcher Valley Drive 860 Isthmus Court, Apt. 2 Santee, CA 92071 San Diego, CA 92109 RE: NOTICE OF CHANGE IN PUBLIC HEARING DATE Dear Messrs. Kerch and Borgerding: In a letter dated March 12, 1996 (copy attached), the City of Chula Vista provided you a notice of pub[ic hearing to consider condemnation of interest in property located at 40 N. Fourth Avenue, opposite Brisbane in the City of Chula Vista. The notice included a scheduled public hearing date of April 2, 1996 in the City Council Chambers, 276 Fourth Avenue, Chula Vista. This letter serves as formal notice that the scheduled public' hearing will not occur on April 2, 1996 due to the Easter Ho[iday break. Therefore, the pub[ic hearing has been scheduled for Tuesday, April 9, 1996 at 6:00 p.m. or as soon thereafter as possible, in the Chula Vista City Council Chambers, 276 Fourth Avenue, Chula Vista, CA with the intention of adopting a Resolution of Necessity to acquire the property through eminent domain. All other information and exhibits provided in the March 12, 1996 notice is restated and incorporated herewith. Sincerely, CJ-:. ~ Chris Salomone . Community Development Director lH/ak Attachment Copies via Certified Mail: Mike Holmes, latigo West Development Susan lake Gasway, General Counsel, Dayton- Hudson Corp. Mark B. Johnson, Manager, Existing Real Estate and Property Administration, Target Stores, Inc. cc: Patricia A. Riley, Esq., Corporate Counsel, Gatlin Development Stephen J. Fitch, Esq. Scott Noya, Esq., Daley & Heft 1.-/.5 Glen R. Googins, Deputy City Attorney Lyle Haynes, Principal Community Development Specia[ist 276 FOURTH AVEICHULA VISTA, CALIFORNIA 919101(619) 691.5047 This page blank. ;f - b ATTACHMENT i-A , ---"" ~~~ ¡ .. :;-.-: I (:('1';,'/'",' ~;",~ ~ CllY OF CHULA VISTA COMMUNITY DEVELOPMENT DEPARTMENT I I March 12, 1996 Mr. Charles Kerch CERTIFIED MAIL K & S Limited Nellie streeter Crane, Ltd. RETURN RECEIPT 860 Isthmus Court, Apt. 2 REOUESTED San Diego, CA 92109 Mr. William Borgerding Trustee, Lucyle E. Borgerding Family Trust 8914 Fletcher Valley Drive Santee, CA 92071 RE: Offer to Purchase; Notice of Public Hearing to Consider Condemnation of Interest in certain Real Property comprised of Approximately 9,977.88 square feet, located at 40 N. Fourth Ave., Chula Vista, California. Dear Messrs. Kerch and Borgerding: On October 2, 1995, the City of Chula Vista presented you with an offer to acquire a right of way interest in the above-described real property (the "Required Property") which is owned by you, and which the City needs in order to construct a fully aligned signalized intersection at the corner of Fourth Avenue and Brisbane in Chula vista. The City häsdeterinined that such an intersection is necessary at this site in order to provide safe and sufficient access through this intersection to the adjacent shopping center properties. The City offered to pay you $124,725 for the Required Property. One condition to this offer was that you deliver title to the Required Property free and clear of all liens and encumbrances, including leasehold interests. You accepted the City's offer by signing a copy thereof on or about October 17, 1995. Despite our mutual efforts, as you know we have not been unable to obtain approvals for this acquisition from the parties holding leasehold interests in the Required Property, Latigo West' Development and Target Stores, Inc. Without such approvals, you will not be able to deliver title to the Required Property free and clear of all liens and encumbrances. Due to the failure of this condition, the city hereby terminates the agreement reflected by your execution of the City's October 2, 1995 offer J.f~7 276 FOURTH AVENUE/CHULA VISTA, CALIFORNIA 92010/(619\ 691-5047 I Mr. Charles Kerch Mr. William Borgerding RE: Notice of Public Hearing; signalized Intersection at Fourth Avenue and Brisbane March 12, 1996 Page 2 letter. Furthermore, due to the City's continuing need for the Required Property and the time constraints imposed by the construction schedule for the adjacent shopping center projects, the city must now commence eminent domain proceedings against the Required Property. As part of such proceedings, in accordance with Government Code section 7267.2, the city hereby offers to pay you $121,000 for the Required Property. As you know, this offer is supported by independent appraisal of the Required Property. A summary of this appraisal is attached hereto as Exhibit A. A plat map and a legal description of the Required property are attached hereto as Exhibit Band Exhibit C, respectively. The interest to be acquired in the Required Property is an easement for right of way and related appurtenances. Furthermore, you are hereby served notice that the City Council of the city of Chula Vista will hold a Public Hearing on April 2, 1996, at 6:00 p.m. or as soon thereafter as possible, in the Chula Vista City Council Chambers, 276 Fourth Avenue, Chula Vista, California, with the intention of adopting a Resolution of Necessity to acquire the Required Property through eminent domain. The California Code of Civil Procedure, section 1240.030, 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 the manner that will be the most compatible with the greatest public good and the least private injury; (c) The property sought to be acquired is necessary for the project; (d) The offer required by Government Code section 7267.2 has been made to the owner of record; (e) The taking, as to any portion of the property which is appropriated or dedicated to a public use, is tf-8 CITY OF CHULA VISTA ,..., .I Mr. Charles Kerch Mr. William Borgerding RE: Notice of Public Hearing; Signalized Intersection at Fou~th Avenue and Brisbane March 12, 1996 Page 3 for a compatible public use consistent with and authorized by the California Code of civil Procedure section 1240.510; (f) The taking as to any portion of the property which is appropriated or dedicated to a public use is for a more necessary public use consistent with and authorized by California Code of civil Procedure section 1240.610. During the public hearing on April 2, 1996, the City Council will be asked to determine if the above conditions have been met concerning the Required Property. If these conditions have been met, the Council will be requested to adopt a Resolution of Necessity. The adopted Resolution will authorize the City of Chula Vista to acquire the Required Property by eminent domain. The amount of and your right to just compensation is not a part of this proceeding and will not be considered by the City Council in determining whether a Resolution of Necessity should be adopted. You are entitled to appear and be heard regarding the adoption of the Resolution of Necessity if you file a written request to do so within 15 days of the date of the mailing of this notice. Objections to the intended actions are limited as set forth below: (1) Your written request must be filed with: City of Clerk City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910. (2) The written request must actually be on file within the above-referenced 15-day period. Failure to file a written request results in a waiver of your right to appear and be heard. (3) The written request should include a statement of the condition(s) which you feel are pertinent to your property. The only conditions that may affect your property which may be addressed are set forth above ~ - 7 CITY OF CHULA VISTA ~- '-, . " ¡ Mr. Charles Kerch Mr. William Borgerding RE: Notice of Public Hearing; Signalized Intersection at Fourth Avenue and Brisbane March 12, 1996 Page 4 (designated as (a), (b), (c), (d), (e) and (f)). By designating which condition(s) form the basis of your concerns and why, you will enable the City Council to have a full and expeditious review of your opinion of the project's potential affect on your property. Should you have any questions regarding this notice, your rights as set forth herein, or the project, please do not hesitate to contact this office, our Deputy City, Glen Googins at (619) 691- 5037, or our special legal counsel, Scott Noya of Daley & Heft at (619) 755-5666. Sincerely, &-'~ Chris Salomone Community Development Director CS:pc Att. Copies via Certified Mail: Mike Holmes, Latigo West Development Susan Lake Gasway, General Counsel, Dayton-Hudson Corp. Mark B. Johnson, Manager, Existing Real Estate and Property Administration, Target Stores, Inc. cc: Patricia A. Riley, Esq., Corporate Counsel, Gatlin Develop. Stephen J. Fitch, Esq. Scott Noya, Esq., Daley & Heft Glen R. Googins, Deputy City Attorney Lyle Haynes, Principal Community Development Specialist ~-)O CITY OF CHULA VISTA - EXHIBIT "A" 'i,II;:: ~: - -- - -- ,----- ~ ~~-~- ' L H .. ~~ ~~ "f ~. 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Õ-°' °0 o::w ~ O~ 0 I I.UI~'" I' $J::::C\¡ ~ I I I ¡-~ ~ - ",' V, ¡ !::; =>¡- z II ^' ..... ~O II I 0(/)0'2 k' 'V II I Z ~F ~ W ':;!u... ~ -J I I fI:~0(/) p II ~~p ,m, o~ I I ~~ ~ I I W roo , ~ I _0 z I ~ 1-/5 - This page blank. 4--/~ , :.I EXHIBIT "BI" - EXHIBIT THAT PORTION OF 10 ACRE LOT 11 OF QUARTER SECTION 151 OF RANCHO DE LA NACION, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON A MAP PREPARED BY GEORGE MORRILL IN 1868, COPIES OF WHICH WERE FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AS MAP NO. 166 ON MAY 11, 1869 AND OCTOBER 11, 1916, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF THE SOUTHERLY 130.00 FEET OF SAID LOT 11 AND THE WESTERLY LINE OF THE EASTERLY 50.00 FEET OF SAID LOT 11, SAID INTERSECTION BEING A POINT ON THE WESTERLY LINE OF FOURTH AVENUE AS DEDICATED TO PUBLIC USE, SAID FOURTH AVENUE BEING 100.00 FEET WIDE; THENCE ALONG SAID WESTERLY LINE OF FOURTH AVENUE SOUTH 18°03'29" EAST, 89.26 FEET; THENCE NORTH 69°29'04" WEST, 37.16 FEET; THENCE SOUTH 71 °47'54" WEST, 13.02 FEET TO THE BEGINNING OF A TANGENT 188.50 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 38°19'01" A DISTANCE OF 126.06 FEET TO THE BEGINNING OF A REVERSING 111.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 38°19'01" A DISTANCE OF 74.23 FEET; THENCE TANGENT TO SAID CURVE SOUTH 71 °47'54" WEST, 18.00 FEET; THENCE NORTH 18° 12'06" WEST, 1.50 FEET TO A POINT ON THE ABOVE DESCRIBED NORTHERLY LINE OF THE SOUTHERLY 130.00 FEET OF LOT 11; THENCE ALONG SAID NORTHERLY LINE OF THE SOUTHERLY 130.00 FEET OF LOT 11 NORTH 71 °47'54" EAST, 245.93 FEET TO THE POINT OF BEGINNING. CONTAINS 0.23 ACRES MORE OR LESS. ./~ l' c"')';/~ 4:~~: ,,_.,,:~:>~\ 5~' 'h- --')~) Q """. y 'J1.>, ,"':', :,'1,.1,/ ,{ ~>-~ 1-ItAfI; c;y OF cr,\\' '1-/7 - This page blank. J-j-/C - EXHIBIT "B2" EASEMENT FOR TRAFFIC CONTROL DEVICES THAT PORTION OF 10 ACRE LOT 11 OF QUARTER SECTION 151 OF RANCHO DE LA NACION, IN THE CITIES OF CHULA VISTA AND NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON A MAP PREPARED BY GEORGE MORRILL IN 1868. COPIES OF WHICH WERE FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AS MAP NO. 166 ON MAY 11,1869 AND OCTOBER 11, 1916, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTHERLY LINE OF THE SOUTHERLY 130.00 FEET OF SAID LOT 11 AND THE WESTERLY LINE OF THE EASTERLY SO FEET OF SAID LOT 11, SAID INTERSECTION BEING A POINT ON THE WESTERLY LINE OF FOURTH AVENUE AS DEDICATED TO PUBLIC USE, SAID FOURTH AVENUE BEING 100.00 FEET WIDE; THENCE ALONG SAID WESTERLY LINE OF FOURTH AVENUE SOUTH 18 °03'29" EAST, 27.47 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 18°03'29" EAST, 61.74 FEET: THENCE NORTH 69°29'04" WEST, 37.16 FEET; THENCE SOUTH 71 °47'S4" WEST, 13.02 FEET TO THE BEGINNING OF A TANGENT 188.S0 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 38 ° 19'01" A DISTANCE OF 126.06 FEET TO THE BEGINNING OF A REVERSING 111.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 38 ° 19'01" A DISTANCE OF 74.23 FEET; THENCE SOUTH 71 °47'S4" WEST, 18.00 FEET; THENCE NORTH 18°12'06" WEST, 1.S0 FEET; THENCE NORTH 71°47'S4" EAST, 117.09 FEET TO THE BEGINNING OF A NON-TANGENT 150.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 35°15'25" A DISTANCE OF 92.30 FEET: THENCE TANGENT TO SAID CURVE NORTH 71 °47'54" EAST, 42.19 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 0.17 ACRES MORE OR LESS. ~ -II - This page blank. .t/- -;J. D -- /, ',; '-" ~~ """'", III ",',/c"):"-' ',' .~ ~ Z /! / ~ ., ~~~;. <c / q- '~"'" iT' I;~ ~ ~. '-I \. '. CD \' - - - CC ",.' CD lL) u'T , w . _.,1 :=;'íIUrj-rl j 1\\Jr' (j 00. 0 I EXHIBIT "B3" - U j '-.J ,1 l' r\ r ..N f'- a...' . ' 0: ~" 0 n"', 61 CXJI ' Of'- L. ' en, a... ° N r:- 0' CXJ' en ~, ! S18°03'29"E I 'CITY Orr r"IUI ^ \JI"'-r ^ uy r ", ,i ------,-- - UJ' - r\ 0 r\ ". 6 1 . 7 4 . -----1. CITY OF NAT,- c;r~_, .~ --7' \ ;{ -'- . '", 1 / ' 5: ",,<f' ~~I / ,i ;,' >. '>-': '" "I 5: / /1' -0-0 ' ~ - Uè J:::::;~ r:::1;;;", ! ~ - (C U ',,' > Zl ~"- 0 'i / '" -0- n Ji< ~(C OJ -'« o ~ '-;--CO U . 1--1 I r::: 'co6 - L- - ¿ «'::J I V1 ", ~ 'OJ - C. .-- H cv z:=c 1- 'r;:; ¡;-'~; Z > . è:' 11.:U in " ~ r' I OJ -'e. -' I.'" II, Z '-.-)0:: W Ull. IV) Q . 1,,"' '" () -0' I' -.~ ""'::::: ~- /(},O$j . ..::::: "' "'r: 1:::: > / Iv) ::! f\j I \ W 0 <!I)-/ U 1:::: / II II 0) I \ CJ) I¥ "6;.J U / '() II / :.. H '-"00 ../ / Q -J / .0- « <;~"/.- / ;::>0' W Z 'V, 1 / ° V) /!5 0 / :!j/fj", u ' - '" 0 ~o co / 11- 00:: co / II II - u WOW- ~'(}Q II Zni;::CL /,./-J LL. H :J ~ -< -< . .I" ll. '" ~~::>:¿ g; ^ '" -'Q::O_. ,,/ «!II « Q:: W . en - I I /-/ <I W I ~ ~ - I "~ CJ a: I¥ ~ ~: z I. ! ->:'.9 Z 0 ~ H is ~O g .W / E, °00 >-< ~~ Z -' t; .-O-~ mo. CIf¡ ~ ~! I¥ W W LL W .enl ~ 0 n" ,-, ~~ Io V1 f'- 0, N " .... "= 0 ~f- -0-1 i5;:='" Z ,ii '" 2- I - f'- ë3 of ~ ~ 1/ II 1/ Z I~ <JQ::-.J riJ_¡ 11\ Q 'J ~ 1800' Z Ii ,~ S71°47'54"W j . 150'/' lfl ~I N18012'06"W I ~ ~~ I ~ '-1-)./ This page blank. 1-~ì - - EXHIBIT "B4" PEDESTRIAN ACCESS EASEMENT "8" THAT PORTION OF 10 ACRE LOT 11 OF QUARTER SECTION 151 OF RANCHO DE LA NACION, IN THE CITIES OF CHULA VISTA AND NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON A MAP PREPARED BY GEORGE MORRILL IN 1868, COPIES OF WHICH WERE FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AS MAP NO. 166 ON MAY 11, 1869 AND OCTOBER 11, 1916, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF THE SOUTHERLY 130.00 FEET OF SAID LOT 11 AND THE WESTERLY LINE OF THE EASTERLY 50 FEET OF SAID LOT 11, SAID INTERSECTION BEING A POINT ON THE WESTERLY LINE OF FOURTH AVENUE AS DEDICATED TO PUBLIC USE, SAID FOURTH AVENUE BEING 100.00 FEET WIDE; THENCE ALONG SAID WESTERLY LINE OF FOURTH AVENUE SOUTH 18°03'29" EAST, 89.26 FEET; THENCE NORTH 69°29'04" WEST, 29.02 FEET; THENCE NORTH 18°03'29" WEST, 71.11 FEET TO INTERSECTION WITH THE ABOVE DESCRIBED NORTHERLY LINE OF THE SOUTHERLY 130.00 FEET OF LOT 11; THENCE ALONG SAID NORTHERLY LINE OF THE SOUTHERLY 130.00 FEET OF LOT 11 NORTH 71 °47'54" EAST, 22.68 FEET TO THE POINT OF BEGINNING. CONTAINS 0.04 ACRES MORE OR LESS. 1/--:23 This page blank. 1--:21 ~.~ LLl EXHIBIT "B5" - Z ---c "-., Ca CD cc . Ca ---~- ¡ ca : 0 FOUFrrJ--j J-\ VËJ 0 01 ~o IL ~¡ ~ ~ - CiTY Of C;j--IU~~\Il~L-:"I S18;g~l,9"E , , CITY OP j\j,L\T,-c;FŒ- -----.- -~- /, .~L_~¡~ . . . . , , L / ~~d" ,k m ~ /. - - - -/",,::/,,:>0 ¿- LLI 0:: w N18°03'29"W cg> '" '" ìl.11' ~ r- 1'6;':' Z ~~ ~CD W ~ - ~ ~~ W ' > « C~ (I)" CD >--I¡-. -lil:' « -,-CD ,-CD ~ ':-:::,:::::: ,I W ~ Sc U¡~ I I 'L ....:<t: I ' 1 i, (I) O~ <t:S I I (f) -1 Il. Z J:: I . U I . W ll.. I \' 0 ll.. I 0 >--0 I II 0 t>-- I ut , I « u c..? I z o~ II Z« "-00 CD ~ i. 00:: CD Ç.i¡ . I w 0 u.J ~ Ç.i¡ §~ I I a: § ~~ ~ I ti j , >-<{::;; c..?° I I r-(f) ~ ~ð .-: z d 0:: w .\C) Ç.i¡ oò I I W WI~~' "1 I I ¡!: ';~ z Q "¡ II I[ 0 ~~§3 ~ h W W u ...J ~_. I' I wIðt7i [J}~~ \ n I I-- ~ ~~ I u- I-- Z D. : \ \ -$- I J.-f - ~5 --- This page blank. If-,). ~ ~ ~~ 1J'~S.3 ~ RESOLUTION NO. ~ JOINT RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA FINDING AND DETERMINING PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY COMPRISED OF APPROXIMATELY 9,977.88 SQUARE FEET LOCATED AT 40 NORTH FOURTH AVENUE, CHULA VISTA, CALIFORNIA AND AUTHORIZING THE COMMENCEMENT OF CONDEMNATION PROCEEDINGS BY OUTSIDE COUNSEL TO ACQUIRE RIGHT-OF-WAY WHEREAS, on November 15, 1994 at a joint meeting of the city of Chula vista City Council ("city") and the Redevelopment Agency of the City of Chula vista ("Agency"), the City and the Agency adopted Joint Agency Resolution No. 1430 and council Resolution No. 17705 which (a) certified final environmental impact report (EIR 94-02), (b) adopted Addendum EIR 94-02A, (c) made certain findings of fact relating to the feasibility of mitigation measures and project alternatives, (d) adopted a mitigation monitoring and reporting program, and (e) adopted a statement of overriding considerations (collectively, the "EIR Resolution"), all with respect to that certain shopping center project to be located at the northern end of Fifth Avenue in Chula vista commonly referred to as the Channels ide Shopping center project (the "Project"); and WHEREAS, immediately following the adoption of the EIR Resolution the Agency adopted Resolution No. 1431 approving the Project and the Precise Plan therefor, subject to specific terms and conditions (the "Project Approval Resolution"); and WHEREAS, on February 7, 1995, the City adopted Resolution 17804 authorizing the execution of a Subdivision and Precise Plan Improvement Agreement which required that the Project developer would be obligated to install and complete, at developer's own expense, all the public and private improvement work required by Project Approval Resolution and the proposed subdivision; and WHEREAS, as a condition to the issuance of building permits for a portion of the Project, the Project Approval Resolution requires construction of a fully aligned signalized intersection at the intersection of Fourth Avenue and Brisbane in Chula vista (the "Required Intersection Improvements") which will serve to provide a safe and sufficient access through the intersection to the adjacent shopping center properties; and WHEREAS, a portion of the Required Intersection Improvements are proposed to be installed and maintained on and about certain privately owned real property legally described in Exhibit A and diagrammatically shown in the corresponding map designated as Exhibit B (all of which are attached hereto and incorporated herein by reference) (the "Required Property"); and 4-.27 Resolution No. - Page 2 WHEREAS, the City and Agency through the Community Development Department of the City of Chula Vista, has engaged in good faith negotiations for the voluntary acquisition of the Required Property, which efforts included the extension of an offer for the acquisition of the same at fair market value, based on an appraisal, to the current owners, Nellie Streeter Crane, Ltd. and the Lucyle E. Borgerding Family Trust, and various correspondence and efforts to contact the affected owners and interest holders in the subject property, and such good faith negotiations and attempted voluntary acquisition have been unsuccessful; and WHEREAS, in accordance with California Code of civil Procedure Section 1245.235 the City properly noticed, and on April 9, 1996 properly conducted a public hearing to consider the adoption of this Resolution; and WHEREAS, at such public hearing the City and Agency have considered all of the evidence submitted including all relevant staff reports, and all evidence relating to the need for the Required Improvements and the Required Property; and WHEREAS, the City and the Agency have now received substantial and convincing evidence that (a) the public interest and necessity require the construction of the Required Intersection Improvements in order to provide safe and sufficient access through the intersection to the adjacent shopping center properties, including the Project, (b) the Required Intersection Improvements are planned and located in a manner that will be most compatible with the greatest public good and the least private injury, and (c) the acquisition of Required Property for permanent easement, street right-of-way and related purposes is necessary to install and maintain the Required Intersection Improvements; and WHEREAS, the city and Agency have received substantial and convincing evidence that the acquisition of the subject property is for a public use, to wit: the improvement of a transportation facility; and WHEREAS, the City and Agency have also received substantial and convincing evidence that the acquisition of the subject property is for a redevelopment purpose, to wit: the elimination of blight and blighting influences and the improvement of health and safety within the City of Chula vista by providing a fully aligned signalized intersection; and WHEREAS, the city has satisfied all requirements for the adoption of a Resolution of Necessity with respect to the Required Property in accordance with California Code of civil Procedure Sections 1245,210 through 1245.270; and ¡.j-~~ Resolution No. - Page 3 NOW, THEREFORE, THE CITY OF CHULA VISTA CITY COUNCIL AND 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 Required Property, as more particularly described in the above recitals and on Exhibits A and B attached hereto and incorporated herein by this reference, shall be used for the construction and maintenance of the Required Improvements, namely, a roadway segment, a signalized, concentric intersection, and related appurtenances at the corner of Fourth Avenue and Brisbane in the city of Chula vista. The interest in the Required Property to be obtained is an easement. 2. Findinqs Related to Necessitv. A. Public Interest and Necessity Require the Proiect. The public interest, convenience and necessity of the City of Chula vista and the Redevelopment Agency of the city of Chula Vista, and its residents, require the installation and maintenance of the Required Improvements in order to mitigate the traffic impacts generated by the Channelside Shopping Center project ("Project") and adjacent projects, and to otherwise provide for safe and proper traffic flows through the intersection. B. proiect Planned and Located for Greatest Public Good and Least Private Iniurv. The Required Improvements are planned and located to be most compatible with the greatest public good because, in accordance with City traffic studies, they maximize the necessary traffic mitigation and control where the most intense traffic flows are expected to occur. A fully aligned intersection at this location is far superior to a non-aligned intersection because of substantially improved safety and movements for both vehicular and pedestrian traffic. The Required Improvements are planned and located to be most compatible with the least private injury in that any other feasible plan or location would cause even more significant impacts on private property. As currently proposed the Required Improvements require the taking of approximately 9,977.88 square feet of the Required Property. This is a relatively small portion of the overall parcel owned by Nellie Streeter Crane, Ltd. and the Lucyle E, Borgerding Family Trust at this location. The parking spaces which are being eliminated from the Target store which operates on the parcel as a result of the construction of the Required Improvements are located far away from the Target store 4-.2.-7 Resolution No. - Page 4 entrance, The need for the Required Improvements for health and safety purposes outweighs the relatively minor advers impact on Nellie streeter Crane, Ltd. and the Lucyle E. Borgerding Family Trust and other parties having a leasehold interest in the property, C. Propertv to be Acauired is Necessarv for the Proiect. The Required Property is necessary for the Required Improvements because it underlies the property over which the realigned roadway, striping and signalization equipment must be located. D. Public Use Propertv. To the extent that any portion of the Required 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. 3. Voluntarv Offer to Purchase the Propertv Made. An offer to purchase the necessary easement in the Required Property for an amount constituting just compensation, as determined by an appraisal, has been made to the owners of record of the Required Property in accordance with Government Code section 7267.2. 4, Authoritv to Proceed in Eminent Domain Granted. The City of Chula vista, as the designated responsible lead agency for the Required Improvements portion of the Project, and all appropriate officers, representatives and attorneys, are hereby authorized and empowered, as provided by and in 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 acquire the necessary easements to the Required Property by condemnation is the name of the City of Chula vista to be used for the municipal purpose of enhancing a transportation facility, and for Health and Safety purposes, 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 Required Property. 4-3ó Resolution No. - Page 5 5. Retention of Eminent Domain Counsel Authorized. The City Attorney for the city of Chula Vista, as General Counsel, and the law firm of Daley & Heft, special attorneys for 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 attorneys 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 Necessarv Proceeds. The proceeds required to be contributed to the City by the developer of the Project pursuant to the Project Approval Resolution and related agreements are hereby appropriated for purposes of acquiring the Required Property and paying Daley & Heft in connection therewith, with any excess to be reimbursed to the developer. 7. Issues of Urqencv, Expediency. Desirabilitv and Necessitv. The acquisition of the Required Property is urgently needed to expediently complete the Project and is manifestly desirable and essential to the declared objects of the City and Agency. The Required Improvements within the City and Agency's jurisdiction are needed in order to improve the overall safety of the roadway and to provide a fully aligned, signalized intersection at the corner of Fourth Avenue and Brisbane in Chula Vista. The City of Chula vista 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. CEOA Compliance. The Council and the Redevelopment Agency have previously reviewed and certified the Final Environmental Impact Report for the Project (No. 94-02 and Addendum FEIR 94-02A), and made all appropriate findings and adoptions required by the California Environmental Quality Act ("CEQA") in connection therewith. The project analysis included an analysis of the environmental impacts 1-rß/ Resolution No. - Page 6 of the construction of the Required Improvements. 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 iudqment. The city and 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 judgment. Presented by Approved as to form by ~ ~ Chris Salomone Director of Community Development V J-/-- 3~ -