HomeMy WebLinkAbout1988-06-07; City Council; 9461; PUBLIC HEARING FOR INITIATION OF EMINENT DOMAIN PROCEEDINGS FOR IMPROVEMENTS TO PARK DRIVEPUBLIC HEARING FOR INITIATION
OF EMINENT DOMAIN PROCEEDINGS
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Clm OF CARLSBAD - AGEN- BILL
RECOMMENDED ACTION:
Adopt Resolution No. jZY-9 Pa retaining Special Coun:
authorizing deposits with the Superior Court, and directing condemnation of necessary rights-of-way for the Cit improvements to Park Drive at Marina and the Park D'
Assessment District.
ITEM EXPLANATION:
On May 20, 1986, the City Council adopted Resolution No.
overruling and denying protests and directed the Superinten of Streets to construct necessary street improvements along Drive pursuant to Chapter 27 of the Improvement Act of 1911
group of homeowners proceeded to construct approximately one-
(1/2) of the proposed assessment district improvements. T
improvements have been installed at property owner expenst
accordance with City standards and are considered complete.
Within the last year, staff has been unable to reach a negotj
agreement with one (1) property owner along the east side of Drive for the acquisition of necessary rights-of-way to imy
the street. Consequently, staff recommends the City Cot proceed with acquisition through eminent domain to secure necessary improvement frontage.
Following consultation with the City Attorney, staff recomr the City Council formally retain the law firm of Asaro & Keac Special Counsel for this action. This firm has represented City's interests in several other similar actions. Valuatic the required right-of-way has been previously comple Negotiations and offers to purchase the property from property owners in accordance with legal requirements have undertaken. Required notice to the property owner: anticipation of the initiation of condemnation proceedings taken place. Special Counsel will advise the City Counc: this meeting as to the status of the negotiations and reco to the City Council the adoption of the Resolution of Nece to Condemn.
In accordance with State law, the City has given proper noti
this public hearing to the owners of the subject property. City is not required by law to consider the request of any p
to be heard who did not submit a written request on or b
April 27, 1988, nor the request of any person not an own
interest in the property being condemned. Resolution of Necessity to Condemn requires a two-thirds vote of the City Council and conclusively establishes
findings contained therein. This action includes all requir
Adoption of the
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Page 2 of Agenda Bill No. ?YL /
rights-of-way not previously dedicated or purchased for I Drive within the boundaries of the Assessment District or City's improvements to the Park Drive and Marina intersection.
ENVIRONMENTAL REVIEW:
A Notice of Exemption was prepared by the Planning Department this project due to the fact that the proposed Park Drive pro: involves minimal widening of an existing street within the ( of Carlsbad's circulation system. The proposed improvements considered exempt on the basis of the determination that project will construct minimal alteration of the exis physical features of the site and are considered to be mino: nature, i. e approximately six hundred (600) cubic yards
grading are involved to an existing City street. Attached
copy of the Notice of Exemption.
GENERAL PLAN CONSISTENCY:
The Planning Commission formally adopted Resolution No. 2691
October 21, 1987 determining the improvements to Park Drive
in conformance with the City's General Plan.
FISCAL IMPACT:
Legal fees related to this action if required to proceed to t
are estimated to be approximately $10,000. The property's \
based upon the completed formal appraisal is $15,000. Additj
miscellaneous costs for appraisal fees, preparation of exhik etc., are estimated to be $5,000, The City Council
previously appropriated $70,000 in the 1986-87 Cap Improvement Program budget for this project with funds avail
in account number 300-820-1840-3216. Staff recommends the
Council authorize the necessary deposits with the Superior C
required for this action.
Following the Public Hearing, staff recommends adoption of Resolution of Necessity to Condemn.
EXHIBITS :
1. Location map.
2. Resolution No. n -183 retaining Special Cou;
authorizing deposit of fees and costs with the Sup1
Court, and adopting the Resolution of Necessity to Co: certain rights-of-way required for the City's improve; to Park Drive.
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Page 3 of Agenda Bill No. 94b 1
3. Property valuation appraisal on file with Muni
4. Notice of Exemption issued by the Planning Director o
Projects.
26, 1988.
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LOCATION MAP
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SUBJECT PROPERT
LEGEND
ASSESSMENT DISTRICT 86-4 ~l~ll~lllllllll~llllllllllu~ BOU N DA R y , p RO J E C T 3 I 92
PARK DRIVE AT MARINA DRIVE
IMPROVEMENTS, PROJECT 3216
y 0ALANCE OF ASSESSMENT \\
\ ~~~ DISTRICT FRONTAGE Vlcm MAP
N. T. 0.
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'PROJ. NO, EJ
3192 8 DR. ASSESSMENT DISTRICT
3216
PRoJECT NRME PARK
PARK DR. AT MARINA DR. IMPROVEMENTS
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RESOLUTION NO. 88-183
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING
AND DIRECTING THE CONDEMNATION OF CERTAIN REAL PROPERTY INTERESTS IN THE CITY OF
CARLSBAD, DECLARING THE PUBLIC NECESSITY, RETAINING SPECIAL COUNSEL, AND AUTHORIZING
DEPOSIT OF ACQUISITION FUNDS WITH THE COURT
WHEREAS, the City of Carlsbad, California, proposc
improve Park Drive between Cove Drive and four hundred
feet south of Marina Drive, in the City of Carl
hereinafter referred to as "the project9l; and
WHEREAS, the project requires the acquisition of ce
real property interests; and
WHEREAS, the City of Carlsbad, California, may exercis
right of eminent domain for the acquisition of real proper
interests therein for streets, drainage facilities, and
purposes pursuant to the California Streets and Highways
Section 4090, and the Government Code, Sections 37350, 373
and 37353; and
i WHEREAS, the plans for the project within the Cit
Carlsbad are on file in the office of the Municipal Pro
Department of the City of Carlsbad, California; and
WHEREAS, on October 21, 1987, the Planning Commission 0
City of Carlsbad, California, pursuant to the provisions o
California Government Code, Section 65402, found that
proposed location, purpose, and extent of the projec
consistent with the City of Carlsbad General Plan: and
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WHEREAS, on May 26, 1988, pursuant to the Calif
Public Resources Code, Section 21084 and following, the
Council of the City of Carlsbad, California, issued a Noti
Exemption for the project; and
WHEREAS, the real property or interests therein sought
acquired are located within the territorial limits of the
of Carlsbad, California, and are necessary for the pro
project; and
WHEREAS, the City of Carlsbad, California, has establ
the amounts which it believes to be the just compensatio
the hereinafter described real property or interests th
sought to be acquired; and
WHEREAS, pursuant to Government Code Section 7267.2
City of Carlsbad, California, has offered to the owners of
real property or interests therein the full amount establ
as just compensation for said real property or inte
therein sought to be acquired; and
WHEREAS, as the City of Carlsbad has provided said own6
1 said real property or interests therein a written statemer
summary of said real property or interests therein a WI
statement and summary of the basis for the amount establ
as just compensation for the real property or interests tl
sought to be acquired; and
WHEREAS, a reasonable length of time has expired sinc
date of the offer to the owners of the real proper
interests therein sought to be acquired and the owners
failed to favorably respond to the offers of the ai
established by the City of Carlsbad as just compensation;
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WHEREAS, pursuant to the provisions of the Californi
of Civil Procedure, Section 1245.235, the owners of thl
property or interests therein sought to be acquired whose
and addresses appear on the current equalized COUNTY ASSE
ROLL, have been sent a NOTICE OF INTENTION TO AD
CONDEMNATXON RESOLUTION, and have been provided wi
opportunity to appear and be heard on the matters refer
in California Code of Civil Procedure, Section 1240.030;
WHEREAS, the City Council of the City of Carlsbad 1
retains the firm of Asaro & Keagy as Special Counsel for 4
behalf of the City of Carlsbad for this action; and
WHEREAS, the City Council of the City of Carlsba
previously appropriated funds within its Capital Improy
Program Budget for the construction of said project;
NOW THEREFORE, BE IT RESOLVED by the City Council c
City of Carlsbad, California, which finds, determines
hereby declares that:
1. The above recitations are true and correct.
I 2. The public interest and necessity require the prc I project.
3. The proposed project is planned and located in a IT
which will be most compatible with the greatest public goc
the least private injury.
4. The real property or interests therein, herein
described in this Resolution, is necessary for the pro
project.
5. The proposed project is a matter of public necessi
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6. The use of all and each and every part of
hereinafter described real property or interests thereir
the use and purposes of the proposed project is a public
and a use authorized by law.
7. The public interest and necessity require that
property or interests therein, hereinafter described in
resolution, be taken.
8. The law firm of Asaro & Keagy, hereinafter referr1
as "Special Counselt1 be, and is, authorized, empowered
directed, in the name of the City of Carlsbad, to acqui
donation, purchase, or condemnation, in accordance wit:
provisions of the Code of Civil Procedure of the Sta'
California related to eminent domain, the hereinafter desc
interests in real property.
9. Special Counsel is authorized and directed to pi
and prosecute in the name of the City of Carlsbad such sc
suits in the proper court having jurisdiction thereof a
necessary to condemn, take, and acquire said hereir
1 described real property, or any part thereof, for the prc
project.
10. Special Counsel is authorized and directed to mz
application of said court for an order determining the a
of money to be deposited as security for the payment (
just compensation which will be made for the taking of th
property or any part thereof or interests therein necessa
the proposed project and any damage incidental thereto,
make application to said court for an order permitting th
of Carlsbad to take immediate possession of and to use sa
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real property and part thereof, or interests therein, sou5
be condemned for the proposed project.
11. Special Counsel is authorized and directed to
deposit for such security for such right-of-way out of g
funds under the control of the City of Carlsbad in the a
determined by the court in the manner directed by the cour
12. Special Counsel is authorized and directed to inc
behalf of the City of Carlsbad all reasonable and nece
expenses in the prosecution of a suit or suits to condemn
real property.
13. The real property referred to in this resolutic
situated in the City of Carlsbad, County of San Diego, Sta
California, and is more particularly described in the p
descriptions attached hereto and marked Exhibit lrAl1.
14. The City Council of the City of Carlsbad, Califo
hereby authorizes and approves deposit with the court,
for the acquisition of real property or interests th
consistent with the intent of this Resolution.
I 15. The City Council of the City of Carlsbad, Calif(
hereby finds and declares that an environmental review of
project has been conducted pursuant to the guidelines
implementation of the California Environmental Quality Acl
the Environmental Projection Ordinance of the City of Car.
and that said project involves minimal widening of an exi:
street within the City of Carlsbad's circulation sy:
Alteration of the existing physical features of the site
considered to be minor in nature and, therefore, not to hz
significant impact on the environment. The City Council 01
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City of Carlsbad has issued a Notice of Exemption foi
project prepared by the Planning Director on May 26, 1988
16. The City Council of the City of Carlsbad, Calif
hereby authorizes and directs the City Clerk to forward
(3) certified copies of this Resolution to Special Cou
Asaro & Keagy, Attorneys at Law,, Attention Richard Free
3170 Fourth Avenue, Fourth Floor,, San Diego, California
immediately following the Mayor’s execution of this Resolu
PASSED, APPROVED, AND ADOPTED at a regular meeting o
Carlsbad City Council held on the 7th day of June
1988, by the following vote:
AYES : Council Members Lewis, Kulchin, Pettine, Mamaux and Lar
NOES : None
ABSENT: None & ///”
[,/ !4@2 _y; /@
CLAUDE A. LEMIS, Mal
ATTEST :
1 AL.k!..M<Ef&~~i~C~erk
1
(SEAL) I
(0 / CITY CLERK . CITY OF CARLSBAD
1200 ELM AVENUE
CARLSOAD, CA 92008 -
o TRANSFER TAX'DUE
(0 EXHIBIT A
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e Grantor hereby further grants to the CtTY OF CARLSBAD the privilege a o cxtend drainage structures and excavation and embankment slopes beyond
the herein described right-of-way where required for the construction and rn; RESERVING unto grantor of the above described parcel
successors or assigns, the right to eliminate such slopes andlor drainage r portions thereof, when in the written opinion of the City Engineer of Grantee
sity therefore is removed by substituting other protection, support and
facility, provided such substitution is first approved in writing by said Enginf
The Grantor hereby further grants to Grantee all trees, growths (growing or hereafter grow), and road building materials within said right-of-way, includ to take water, together with the right to use the same in such manner
locations as said Grantee may deem proper, needful or necessary, in the reconstruction, improvement or maintenance of said highway.
The Grantor, for himself, his successors and assigns, hereby waives any 1
and all damages to Grantor's remaining property contiguous to the right-o conveyed by reason of the location, construction, landscaping or mainter
highway.
Dated this day of
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'said Pubfic Highway.
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STATE OF County of -------------~-Iss*
On # 19 , before me, the undersigned, t
in and for said County and State, persomy appeared
personally known to me (or proved to me on the basis of satisfactory eviden the person(r) whose name(s) is/are subscribed to the within instrument an(
to me that helshefthey executed the same.
Witness my hand and official seal.
,
Notary Public in and for said County and State
This is to certify that the interest in real property conveyed by the foteg the City of Carlsbad, a municipal corporation is hereby accepted by the
said City of Carlsbad, California pursuant to Resolution NO. , and the Grantee consents to recordation thereof by its
officer.
L. RAUTENKRANL Ci iY Dated BY ALti'hA
LLSSUSCRS MAP VICINITY MAP 8oQK 2U7, ?m b
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comsUtT1W BWOlMEK1S A* PARK DRIVE
EASEMENT DEDICATION y--ILLL1L)..YII
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DATL: OLCrOaS SCUL:U m 1 ~s~'S PAR- NQ 207-150-57
A
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' 2075 LAS PALMAS DRIVE
CARLSBAD, CA 92009-4859 (
aitg nf anrlsbnh
PLANNING DEPARTMENT NOTICE OF EXEMPTION
May 26, 1988
County Clerk County of §an Diego
220 West Broadway San Diego, CA 92101
Project Title Improvements to Park Drive and Marina Drive
Project Location--Specific Park Drive (east side) 4
intersection with Marina Drive
Project Location--City Carlsbad Project Location--Coun San Diego
Description of Nature, Purpose, and Beneficiaries of Proi e City will improve existing substandard street ai intersection to include minor widening and installation standard City improvements.
Name of Public Asency Approvins Project Carlsbad
Name of Person or Asency Carrying Out Project Carlsbad
Exempt Status (Check One)
- Ministerial (Sec. 15073) - Declared Emergency (Sec. 15071 (a)} - Emergency Project (Sec. 15071 (b) and (c)} - Categorical Exemption. State type and secti number :
Reason Why Project Is ExemDt:
See Attached
;ba?! 1 ?a MICHAEL J. HOLZM-ILLER Planning Director
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analyzing the effects of its proposed action on environment. This section will apply mostly W' California public agencies undertake their own pro; outside the state.
Article 19. Categorical Exemptions
Categorical 15300.
Exemptions Section 21084 of the Public Resources Code requires t Guidelines to include a list of classes of projects w have been determined not to have a significant effec the environment and which shall, therefore, be exempt :
the provisions of CEQA.
In response to that mandate, the Secretary for Resoui has found that the following classes of projects liste
this article do not have a significant effect on the vironrnent, and they are declared to be categorically ex from the requirement for the preparation of envirousnei
documents .
Note: - Authority cited: Sections 21083 and 21087, Put Resources Code; Reference: Section 21084, Public Resow
Code.
Relation to 153Oo.l. Ministerial Section 21080 of the Public Resources Code exempts fran
Projects application of CEQA those projects over which pub agencies exercise only ministerial authority. Since min terial projects are already exempt, categorical exempti should be applied only where a project is not minister under a public agency's statutes and ordinances. '
inclusion of activities which may be ministerial within classes and examples contained in this article shall not construed as a finding by the Secretary for Resources t such an activity is discretionary.
Authority cited: Sections 21083 and 21087, Pub1 Resources Code; Reference: Section 21084, Public Resour Code.
Note:
Ezxceptions 15300 . 2. (a) Location. Classes 3, 4, 5, 6, and 11 are qualified consideration of where the project is to be located -
project that is ordinarily insignificant in its impact
the environment ruay in a particularly sensitive envirom be significant. Therefore, these classes are considered apply all instances, except where the project may impact an environmental resource of hazardous or critical conce where designated, precisely mpped, and officially adopt pursuant to law by federal, state, or local agencies.
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I (b) --------- Cumulative Impact. All exemptions for these clas
are inapplicable when the cumulative impact of success projects of the same type in the same place, over time significant - for example, annual additions to an exist
building under Class 1.
(c) -----I_- Significant Effect. A categorical exemption shall
be used for an activity where there is a reasonable 1
sibility that the activity will have a significant eff on the environment due to unusual circumstances.
Authority citednections 21083 and 21087, Pub Resources Code; Reference: Section 21084, Public Resow
Code.
Note:
Revisions to 15300 -3.
List of categor- A public agency my, at any time, request that a new c
ical Exemptions of categorical exemptions be added, or an existing
amended or deleted. This request must be made in wri to the Office of Planning and Research and shall con1
detailed information to support the request. The gran
of such request shall be by amendment to these Guidelini
Authority cited: Sections 21083 and 21087, Put Resources We; Reference: Section 21084, Public Resou
Code.
Note: --
Application By 15300.4.
Public Agencies Each public agency shall, in the course of establishing
own procedures, list those specific activities which
within each of the exempt classes, subject to qualification that these lists must be consistent with the letter and the intent expressed in the classes. PL
agencies may omit from their implementing proced
classes and examples that do not apply to their activit but they may not require EIRs for projects described ir classes and examples in this article except under provisions of Section 15300.2.
Authority citednections 21083 and 21087, Pv Resources Code; Reference: Section 21084, public Resol
Code .
Note:
Existing 15301 s
Facilities Class 1 consists of the operation, repair, maintenanci
minor alteration of existing public or private structi
facilities, mechanical equipment, or topographical tures, involving negligible or no expansion of use bt that previously existing, including but not limited to
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r (a) Interior or exterior alterations involving such . as interior partitions, plumbing, and elect
conveyances;
(b) Existing facilities of both investor and pub owned utilities used to provide electric power, na gas, sewerage, or other public utility services;
(c) Existing highways and streets, sidewalks, gut
bicycle and pedestrian trails, and similar facil except where the activity will involve removal of a E resource including a stand of trees, a rock outcroppii an historic building;
(d) Restoration or rehabilitation of deteriorat
damaged structures, facilities, or mechanical equipme
meet current .standards of public health and safety, 1
it is determined that the damage was substantia.
resulted from an environmental hazard such as earthc landslide, or flood;
(e) Additions to existing structures provided thz
addition will not result in an increase of more than:
(1) 50 percent of the floor area of the struc
before the addition, or 2,500 square feet, whichev less; or
(2) 10,000 square feet if:
(A) The project is in an area where all p
services and facilities are available to allo
maximum development permissible in the General
and
(B) The area in which the project is located j environmentally sensitive.
(f) Addition of safety or health protection device use during construction of or in conjunction with exi:
structures, facilities, or mechanical equipmenl topographical features including navigational devices;
(g) New copy on existing on and off-premise signs;
(h) Maintenance of existing landscaping, native grc
and water supply reservoirs (excluding the use of eco
poisons, as defined in Division 7, Chapter 2, Calif(
Agricultural Code);
(i) Maintenance of fish screens, fish ladders, wilc habitat areas, artificial wildlife waterway dev: streamflows, springs and waterholes , and stream chai (clearing of debris) to protect fish and wild resources;
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