HomeMy WebLinkAboutAgenda Statement 1978/12/05 Item 21CI(Y OF CHULA VISfA
COUNC 1 L AGENDA STATEMENT Item No. 21
Q For meeting of 12/5/7 8
Pub is Hearing and Resolution "4 3~~- Determining & Declaring the Public Necessit
of the Acquisition of Property Owned by E1 Rancho del Rey for the Extension of
ITEM TI LE Telegraph Canyon Road, East "J" Street, Paseo Ladera and Paseo Entrada, and
Aut orizing the Commencement of Condemnation Proceedings to Acquire said Right
of ay
SUBMITT 0 BY ity Attorney
ITEM EX LANATIO (4/5TH'S VOTE REQUIRED YES N0~)
In con unction ith the approval of the Casa del Rey Subdivision, it is now necessary
for th develo er to acquire offstreet right of way of properties belonging to the
Gerste Compan .
As has
under '
and it
acquire
been in icated in the past, the Gersten Company does not have the ability
;heir ex'sting agreements with United Enterprises to negotiate such sales
is nece sary for the City to exercise it power of eminent domain in order to
said p operties.
It is of cont mplated that there will be any litigation in this regard, but simply
that o an app opriate filing of the eminent domain process which will be unopposed
and un ertaken at the full and total expense of Mr. Monsees, who is the owner of the
proper y.
The ma ter is
sented to the
GDL : llak
for public hearing and any questions which might arise may be pre-
esentatives of E1 Rancho del Rey.
Resolution x
EXHIBITS
Ordinance Plat Notification List
ENVIRONMENTAL DOCUMENT: Attached Submitted on
FINANCI L IMPAC N/A
STAFF R COMMEND TION
Approval of Resolution
BOARD/CpMMISSIO~I RECOMMENDATION
GOUNCILACTION
Ag~^eement
Other
93 9~ -~ '
December 1, 1978
Mayor W 11 Hyde
City of Chula Vista
276 Fou th Avenue
Chula V sta, California
RE: Council Agenda Item No. 21
Acquisition of Rights-of-Way
Telegraph Canyon Road, Paseo Ladera, etc.
Dear Mrl
Within
be appr
of appr
Paseo L
As you
Telegra
Ladera,
complet
Hyde:
i few short weeks the final subdivision map for Casa del Rey will
~ved and be in a condition to record. Shortly thereafter, construction
~ximately another 2,200 feet of Telegraph Canyon Road just east of
~dera could be initiated, along with the associated drainge channel.
iay recall, the engineering and construction of this section of
~h Canyon Road, the drainage channel and the extension of Paseo
along with the sewer, water, drainage system, etc. will be
'd by Casa del Rey, at no cost to the City of Chula Vista.
After m nths of diligent effort, we have been unable to acquire the required
rights- f-way to accomplish these essential improvements. Actually, this
is not urprising in view of the fact that condemnation action was also
necessa y by the City to acquire the right-of-way for other sections of
Telegra h Canyon Road to the west of Paseo Ladera, as well as the existing
portion of Paseo Ladera now being used for access to Windsor Views Sub-
divisio .
In view of the merits and overwhelming preponderance of reason to support
the con emnation action, plus the established precedent in conjunction with
other s bdivisions with frontage on Telegraph Canyon Road, I cannot envision
any serous opposition to the City of Chula Vista's exercising its powers
to acquire these necessary and vital rights-of-way. However, I would like
to poin out a few of the more obvious reasons that immediately come to mind
in supp rt of the City taking this action.
,. Starting just 1,300 feet to the east of Paseo Ladera
;asa del Rey has 700 lineal feet of frontage on Telegraph
:anyon Road. Access to Telegraph Canyon Road for the entire
subdivision could have been attained through this area of the
:asa del Rey property. However, staff insisted and we
Mayor W 11 Hyde
Decembe 1, 1978
PAGE TW
elieve rightfully so, that access for the subdivision to
elegraph Canyon Road should be via Paseo Ladera, the
pproved and established residential collector street for
roperty in this area. Paseo Ladera, like Paseo del Rey
nd Paseo Ranchero, is specified on the Circulation Element
f the General Plan and is part of the approved grid of
orth-south streets to provide common ingress and egress
etween Telegraph Canyon Road and East "J" Streets for
roperty in that area. This right-of-way also provides the
eans through which facilities such as sewer mains, storm
rains, water, etc., may be constructed. One could imagine
he chaos if these approved north-south residential collector
treets were disregarded and each property would be required
o take access individually and separately to Telegraph Canyon
oad.
The Open Space Element of the General Plan specifies that
reenbelts shall be established and maintained along Telegraph
anyon Road. If Casa del Rey and other subdivisions were required
r permitted to individually take access directly from Telegraph
anyon Road, rather than over the established residential collector
treets, the Open Space Element of the General Plan would be
eriously compromised. In addition, there is an existing develop-
ent plan, submitted by Casa del Rey and approved by the City, for
he beautification of the open space areas along Telegraph Canyon
.oad, which plan is in support of the Scenic Highways Element of
he General Plan. Action disregarding the Circulation Element of
he Plan by requiring, or permitting, separate access by each
ubdivision to Telegraph Canyon Road would seem to be also incon-
istent with the Scenic Highway Element of the City Plan.
3. From the standpoint of public safety, individual and separate
access roads from each subdivision to Telegraph Canyon Road would
pause obvious and serious safety hazards. For example, the
intersection at Paseo Ladera and Telegraph Canyon Road is intended
~o be a signalized intersection. Casa del Rey has agreed to con-
~ribute its share of the costs of this installation. However, if,
just 1,300 feet to the east of Paseo Ladera, an access street to
:asa del Rey from Telegraph Canyon Road were constructed, one can
easily envision the traffic and safety problems this would create.
Che seriousness of this problem would be amplified further when
?aseo Ranchero is eventually constructed just a short distance to
the east .
c, ,
i- "
Mayor W'11 Hyde
Decembe 1, 1978
PAGE TH EE
E. Sewer mains to service dwelling units to be constructed
Ln the planning areas between Telegraph Canyon Road and East
'J" Street are all installed and available in Telegraph Canyon
toad. The relatively large drainage channel is being installed
Between the road and the rather rapidly rising land areas to
:he north, such as Casa del Rey. Connecting the sanitary sewer
'.fines from each of the various subdivisions across the drainage
:hannel to the mains in Telegraph Canyon Road, would not be
_mpossible but certainly would be complicated, costly and very
ikely unsightly. Single connection points, for all public
service such as at Paseo del Rey and Paseo Ladera, obviously
_s the only sound approach.
~_.,
The for going are simply some of the more obvious reasons that the rights-
of-way or widening Telegraph Canyon Road, the construction of the associated
drainag channel, and the extension of Paseo Ladera, as required in connection
with th approved Casa del Rey map, should be acquired by the City of Chula
Vista. Casa del Rey will pay all costs and expenses incurred by the City in
connection with this action.
In all airness, I would have specified any reasonable basis for opposition
to such action. However, I am honestly not aware of any serious grounds for
opposition.
In summ ry, since the rights-of-way cannot be acquired to widen Telegraph
Canyon oad, to construct the required drainage channel, to construct Paseo
Ladera nd the required sanitary sewer, water and drainage system, condem-
nation s the only appropriate action to be taken. This exact same action
was tak n by the City in connection with the Windsor Views Subdivision
immedia ely to the west of Casa del Rey. It was determined at that time
that th condemnation was fora ublic use and was indeed necessary. T'he
resent situation with res ect to Casa del Rey is essentially identical.
For the above reasons, I would hope you could support this action.
Ver tr y yours,
~~
Ral h G. Monsees
RGM/cs
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City o~ C~1uQa ~Uista
CALIFORNIA
FFICE OF THE
1TY ATTO NEY
U ,
`-;'" ~ J
v ~ /yam
_~_-,~,,
ovembe~r 20, 1978
1 Rancho Del Rey
701 Wilshire Boulevard, Suite 1010
everl Hills, California, 90212
ttention: Mr. Lou S. Cohen
entlemlen
rlclosed is a corrected copy of Notice of Consideration of
cquisition of Various Property (s) Through Eminent Domain.
he Notice sent to you previously incorrectly stated that the
Baring would be held on Tue December 4, 1978, when in
act it is Tuesday, Decemb 5, 1978.
ery truly yours,
S/
~~~~~~
eorge D. Lindberg
ity Attorney
ER/GD :cg
nclosuze (1)
(714) 575-5037
2?6 Fourth Avenue, Chula Vista, CA 92010
NOTICE OF CONSIDERATION OF ACQUISITION '
OF VARIOUS PROPERTY (S) THROUGH EMINENT DOMAIN
YOU RE HEREBY ADVISED that the City Council of the City of
Chula Vis a, on Tuesday, December 5, 1978, at 7:00 p.m., shall
hol a he ring to determine whether to adopt a Resolution attached
hereto as Exhibit "A", or a resolution stating in greater detail
the materials set forth in Exhibit "A". Exhibit "A" is a Resolution
of Intent to Acquire Property through Eminent Domain. Upon adoption
of the Re olution, the City Council of the City of Chula Vista has
the right to proceed in a court of competent jurisdiction to acquire
the prope ty(s) described in the document. Your property is a
pro erty escribed in the Resolution.
You ave the right under California law to appear at the
hea ing s heduled at the time set forth above and offer testimony
as to: ( ) whether or not the public interest and necessity requires
the acqui ition of your property for the particular project contem-
plated; (B) whether that project is planned and located in a
man er which will be most compatible with the most public Qood and
the least private injury; and (C) whether the property considered
for acqui ition by the City is necessary for the project.
The ity Council of the City of Chula Vista will not provide
an opport nity for you to appear and to speak concerning the matters
abo e unl ss you, or your representative, file within fifteen (15)
days of t e date of this Notice, a request to appear and speak to
the issue set forth above. Unless evidence is presented which advises
not going forward with the acquisition of property(s) for the
project d scribed in the attached Resolution, the City Council of
the City f Chula Vista will adopt the Resolution of Intent to
Con emn a tached, or a resolution similar to that attached.
If y u wish to appear and comment on this matter, you are here-
by rged o file a written notice with the City Clerk's office
requestin an opportunity to speak on the issues or to have a personal
represent tive of yours speak.
DATED: Ndvember 17, 1978
George D. Lindberg, City Attorney
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