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HomeMy WebLinkAbout1988-11-22; City Council; 9745; Public Hearing Initiation Eminent Domain of Park PropertyCI’FU OF CARLSBAD - AGENP BILL , AEM~ TITLE: MTG, 11/22/88 PUBLIC HEARING FOR INITIATION DEPT. MP OF EMINENT DOMAIN PROCEEDINGS FOR ACQUISITION OF PARK PROPERTY RECOMMENDED ACTION: Adopt Resolution No.~&~YI~ t re aining Special Counsel, authorizing deposits with the Superior Court, and directing the condemnation of necessary property for the City's development of the southwest quadrant community park. ITEM EXPLANATION: The Parks and Recreation element of the City's general plan identifies the development of a community park in the southwest quadrant of the City. City staff, working with the Parks and Recreation Commission, has identified a thirty (30) acre parcel of land immediately adjacent to an existing City owned twelve (12) acre parcel fronting Paseo de1 Norte, south of Palomar Airport Road. The development of this quadrant park is referred to as Alta Mira Park. On August 11, 1987, the City Council approved the Parks and Recreation Commissionls recommended Parks Inventory which identifies current City park holdings and potential future park sites. The Parks Inventory lists the parcel, which is the subject of this action, as a desirable site for developing the southwest quadrant community park. Additionally, the Parks Inventory has acted as an information base for the preparation and review of the Local Facilities Management Plans. Following consultation with the City Attorney, staff recommends the City Council formally retain the law firm of Asaro & Keagy as Special Counsel for this action. This firm has represented the City's interests in several other right-of-way and property acquisitions for City projects. Valuation of the required parcel has been previously completed. Negotiations and formal offers to purchase the property from the property owners in accordance with legal requirements have been undertaken. Required notice to the property owners in anticipation of the initiation of condemnation proceedings has taken place. Special Counsel will advise the City Council at this meeting as to the status of the negotiations and recommend to the City Council the adoption of the Resolution of Necessity to Condemn. In accordance with State law, the City has given proper notice of this public hearing to the owners of the subject property. The City is not required by law to consider the request of any person to be heard who did not submit a written request on or before November 16, 1988, nor the request of any person not an owner of interest in the property being condemned. Adoption of the Resolution of Necessity to Condemn requires a two-thirds (2/3) vote of the City Council and conclusively establishes the findings contained therein. Page Two of Agenda Bill No. 9345 SNVIRONMENTAL REVIEW: The Planning Director has determined this project, and property acquisition, is categorically exempt from environmental review. A Notice of Exemption has been filed with the office of the San Diego County Clerk on September 12, 1988. No objections to the Notice of Exemption were filed within the statutory thirty (30) day period after the recording of the Notice, therefore, the decision of the Planning Director is final. GENERAL PLAN CONSISTENCY: On November 4, 1987, the Planning Commission approved by minute motion, the findings that the Alta Mira Park project and property acquisition are consistent with the City's General Plan. FISCAL IMPACT: The property's value based upon the completion of the City's formal property appraisal is $2,700,000. Legal fees, expert witness testimony as to valuation, and miscellaneous court costs related to this action if required to proceed to a full trial are estimated to be approximately $50,000 to $100,000. On August 8, 1988, the City Council adopted Resolution No. 88- 291 accepting a letter of credit in the amount of $975,000 and a cash deposit in the amount of $25,000 ($l,OOO,OOO total) from Sammis Properties, Incorporated in fulfillment of the park land obligations required of the Sammis development. The letter of credit issued by Bank of America is on file in the Finance Department and may be used in full toward the acquisition costs of the subject parcel. With the approval of this action, the Finance Director will proceed to draw upon the letter of credit. The City Council has previously appropriated $1,300,000 of Park in-lieu funds for the southwest quadrant park land acquisition in the 1987-88 Capital Improvement Program budget. Additionally, the 1988-89 Capital Improvement Program budget will recommend a loan and appropriation of $500,000 of available Public Facilities Fee funds to the Park in-lieu funded southwest quadrant park project account thereby making available the total $2,800,000 required to proceed with this acquisition. The City will be required to deposit the $2,700,000 acquisition value with the Superior Court within the next ninety (90) to one hundred twenty (120) days. No additional appropriations are required for the park land acquisition at this time. Following the Public Hearing, staff recommends adoption of the Resolution of Necessity to Condemn. h . Page Three of Agenda Bill No. 934.5 BXHIBITS: 1. Location map. 2. Resolution No.?$&'YI% retaining Special Counsel, authorizing deposit of fees and acquisition costs with the Superior Court and adopting the Resolution of Necessity to Condemn property required for the City's southwest quadrant park. LOCATION MAP v .,‘.‘. .:. .‘. ..’ :;.: \i 0 0 : Fi 1 SITE LAS ONDAS i I I 1 ,A xi!- ------- FUTURE PALOMAR AIRPORT ROAD I POlNSETTll LEGEND =SlTE TO BE ACQUIRED j!!jClTy OWNED PROPERTY ‘ROJECT NAME PROJECT # EXHIBIT SiiUTHWEST QUADRANT PARK 3248 1 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 26 27 28 - RESOLUTION NO. 88-412 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN REAL PROPERTY IN THE CITY OF CARLSBAD, STATE OF CALIFORNIA, AND DECLARING THE PUBLIC NECESSITY THEREFOR WHEREAS, the City of Carlsbad, State of California, proposes to acquire property for the proposed Alta Mira Park, hereinafter referred to as "the project"; and WHEREAS, the City of Carlsbad may exercise the right of eminent domain for the acquisition of real property for park purposes pursuant to California Code of Civil Procedure Section 1240.010, 1240.110, 1240.120, and 1240.610, together with Government Code Section 37350.5, 6950 through 6954, and 40401(b); and WHEREAS, on November 4, 1987, the Planning Commission of the City of Carlsbad, pursuant to the provisions of the California Government Code, Section 65402, found that the proposed location, purposes, and extent of the project is consistent with all elements of the City of Carlsbad's General Plan: and WHEREAS, the Planning Director of the City of Carlsbad has determined that this project is categorically exempt from environmental review, a Notice of Exemption has been filed with the Office of the San Diego County Clerk on September 12, 1988; provided no objection is filed within thirty (30) days after such filing, the decision of the Planning Director will be final /// /// 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 ,18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the real property sought to be acquired is located within the territorial limits of the City of Carlsbad and is necessary for the proposed project; and WHEREAS, the City of Carlsbad has established the amount which it believes to be the just compensation for the hereinafter described real property sought to be acquired; and WHEREAS, pursuant to Government Code Section 7267.2, the City of Carlsbad has offered to the owner of said real property the full amount established as just compensation for said real property sough to be acquired; and WHEREAS, the City of Carlsbad has provided said owner of said real property a written statement of and summary of the basis for the amount established as just compensation for the real property sought to be acquired: and WHEREAS, a reasonable length of time has expired since the date of the offer to the owner of the real property sought to be acquired, and the owner has failed to favorably respond to the offer of the amount established by the City of Carlsbad as just compensation; and WHEREAS, pursuant to the provisions of California Code of Civil Procedure, Section 1245.235, the owner of the real property sought to be acquired whose name and address appears on the current egualized County Assessment Roll, has been sent a Notice of Intention to Adopt a Condemnation Resolution, and has been provided with an opportunity to appear and be heard on the matters referred to in California Code of Civil Procedure, Section 1240.030. /// . . .-. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the public interest and necessity require the proposed project. 3. That the proposed project is planned and located in a manner which will be most compatible with the greatest public good and the least private injury. 4. That the real property, hereinafter described in this Resolution, is necessary for the proposed project. 5. That the proposed project is a matter of public necessity. 6. That the use of all and each and every part of said hereinafter described real property for the use and purposes of the .proposed project is a public use and a use authorized by law. I /// /// i /// ~ /// ~ /// ~ /// /// /// /// /// /// /// 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. That the public interest and necessity require that the property hereinafter described in this Resolution, be taken. 8. That the City Council of the City of Carlsbad hereby appoints and retains the law firm of Asaro & Keagy as Special Counsel for this action. 9. That the City Council of the City of Carlsbad hereby authorizes deposits with the Court required for said action. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 22nd day of November I 1988, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: None ATTEST: (SEW /&L&/r” &A.& A(‘< . : -‘- f$ y . . , RONALD L, ENOEMAN DONALD R. LINCOLN KENNETH C. TUREK HENRY E. HEATER DAVID SEMELSSERGER JAMES C. ALLEN ..- c h RECEE YES; ENDEMAN, LINCOLN, TURER & HE*FP2$ ~~,,~~f~*~ ~~~~@~,,,,,,,, ATTORNEYS AT LAW 600 “B” STREET, SUITE 2100 SAN DIEGO, CALIFORNIA 82101 November 10, 1988 City Clerk City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Re: Aita Mira Park November 22, ii988 Hearing Dear City Clerk: This letter is in response to the Notice dated November 1, 1988, from Asaro & Keagy, Special Counsel to the City of Carlsbad, in regard to the above-entitled matter. Please be advised that we request to appear and be heard at the meeting of the City Council in order to object to the taking of the property of Mr. Joseph Sherman by condemnation for the Alta Mira Park. RLE:smb