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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James Funk, Director
Subject: Public Hearing 4:00 p.m.-- Resolution
of Necessity for the acquisition of real property by
eminent domain - comer of 2nd Street and Viaduct
Boulevard, relative to the extension of Giovanola
A venue.
Dept: Development Services
Date: August 2, 2005
File No.15.05-231
Synopsis of Previous Council Action:
MCC Date: 09-06-2005
07-15-2002 - Allocation of$75,000 for the intersection of 2nd Street and 3rd Street (design and
acquisition only) approved in the five-year CIP (Capital Improvement Program) Budget.
11-20-2002 - Resolution No. 2002-360 was adopted establishing fair market value of$45,800.00
per appraisal by The Real Estate Mart.
01-27-2003 - Resolution No. 2003-27 was adopted establishing the necessity to acquire property
in the public interest.
03-07-2005 - Adopted Negative Declaration for the acquisition of right-of-way and construction
of street improvements.
08-01-05 - Resolution No. 2005-263 was adopted establishing a revised fair market value of
$207,000.00.
Recommended Motion:
1. That the Public Hearing be closed.
AND
2. Adopt Resolution.
~m>>~
James Funk
Contact person: LASZLO "Les" FOGASSY
Supporting data attached: Staff Report, Notice,
ResolutIOn, Maps
Ward:
FUNDING REQUIREMENTS: Amount:
$207,000.00
Source: (Acct. No.) 135-378-5504-7319
(Acct. Description) AB 2928 Traffic Congestion
Relief Fund
Finance:
Council Notes: ,{).(1JfJ
;)005 -' 30F5
Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Public Hearing 4:00 p.m.-- Resolution of Necessity for the acquIsItIon of real property by
eminent domain - comer of 2nd Street and Viaduct Boulevard, relative to the extension of
Giovanola Avenue.
BACKGROUND:
The extension of Giovanola Avenue from 2nd Street to 3rd Street is necessary to improve the
circulation in this area and to facilitate future development related to the Santa Fe Depot
rehabilitation project and surrounding area. In order to provide for this street extension, the City
needs to acquire a portion of the parcel located between 2nd Street and 3rd Street. The site
includes several retail buildings. However, the portion proposed to be acquired is located at the
West end of the parcel and no private improvements will be affected by this acquisition. The
portion to be acquired for street purposes is a vacant, dirt lot.
The current property owner at that time, Robert Kovats, was notified of the City's proposal to
acquire this site. On-going negotiations were conducted with Mr. Kovats during which time the
City and Mr. Kovats were unsuccessful in reaching a sales and purchase agreement. The City
was in the process of starting eminent domain proceedings when, on October 1, 2004, the
property was sold by Mr. Kovats to Alex Meruelo.
Mr. Meruelo, was notified of the City's proposal to acquire this property and in March 2005, a
current appraisal was prepared by Len Perdue & Associates and indicated a fair market value of
$207,000.00 (Two Hundred Seven Thousand Dollars). On Augu')t I" 2005, Resolution No.
2005-263 was adopted establishing the fair market value at $207,000.00 (Two Hundred Seven
Thousand Dollars).
The City has been unsuccessful in negotiating the purchase of the land with the owner and it is
now necessary to acquire the prqperty through eminent domain proceedings. Prior -to filing an
action with the court a Resolution of Necessity must be adopted to determine that public
necessity requires the property acquisition. Compensation for the acquisition is NOT a
consideration for this action and will be determined by the courts once the eminent domain
action is filed. The property owner has been given a mailed notice of the hearing, a copy of
which is attached. The notice states that the owner must file an objection and a request to appear
at the public hearing within fifteen (15) days of the mailing of the notice mailed on August 2,
2005.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report -- Continued
The attached resolution authorizes and directs the City Attorney's office to initiate eminent
domain proceedings to acquire the property. The fair market amount of $207,000.00 (Two
Hundred Seven Thousand Dollars) will also need to be deposited into the State Condemnation
Fund. An additional $192,000.00 (One Hundred Ninety-Two Thousand Dollars) will need to be
allocated for this project to complete the acquisition, plus costs relative to the eminent domain
process.
FINANCIAL IMPACT:
Two HUI)dr~d Seven Thousand Dollars ($207,000.00) to be paid from the following sources:
$165,000 (One Hundred Sixty-Five Thousand Dollars from AB 2928 Traffic Congestion Relief
Fund (135-378-5504-7319); $42,000.00 (Forty-Two Thousand Dollars) from CIP SS04-37,
(135-378-5504-7307).
RECOMMENDATION:
Close the public hearing and adopt resolution.
300 NORTH "0" STREET, SAN BERNARDINO, CALIFORNIA 92418
SAN BERNARDINO CITY COUNCIL
NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY
TO ACQUIRE CERTAIN REAL PROPERTY
OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN
(Code of Civil Procedure, Section 1245.235)
To: Mr. Alex Meruelo, Trustee
The Alex Living Trust
Merona Enterprises, Inc.
9550 E. Firestone Blvd., Suite 3105
Downey, CA 90241
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 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 Section 7267.2 of the Government Code has been'made to the owner of record.
YOUR ARE HEREBY NOTIFIED that the Mayor and Common Council at their meeting to be held on
September 6, 2005, will be asked to decide if the above conditions are met concerning your property and, if so,
to adopt a Resolution of Necessity. The Public Hearing portion of the City Council meeting begins at 4:00 p.m.,
or as close to that time as possible, in the Council Chambers, City Hall, 300 N. "D" Street, San Bernardino,
California.
Questions concerning ti,e amou"t of CO"lpe"satio" to be paid are "ot a part of tllis proceeding and the
Mayor a"d Comnlon Council do "ot co"sider SllCll ;" deter,"i"i"g whetller a Resolution of Necessity should
be adopted.
The adopted Resolution will authorize the Mayor and Common Council to acquire the property by eminent
_ domain. A description of the required property is attached to this Notice and is marked Exhibit "Aft and shown
on a plat map marked Exhibit "B".
.f you file a written request to appear, which must be done within 15 days of the mailing of this Notice, you are
entitled to appear and object to the adoption of the Resolution. Objections are limited as set forth below.
ell requests to appear must be sent or delivered for filing to the City Clerk, City of San Bernardino, 300 N. "D"
Street, San Bernardino, CA 92418.
The written request must actually be on file within the I5-day period. Failure to file a written request may result
in a waiver of your rights to appear and be heard.
Your written request to appear should include a statement of condition(s), which you feel are pertinent to your
property. The three conditions which may affect your property are set forth above (designated (a), (b) and (c)).
By designating which condition forms the basis of your concerns, and why, you will enable the Mayor and
Common Council to have a full and expeditious review made of the project(s) which effect on your property.
For your convenience, the Mayor and Common Council will consider any written observations you may wish to
submit, so long as such written observations are filed with the City Clerk within the IS-day period.
The Mayor and Common Council must adopt a Resolution of Necessity before an eminent domain proceeding
can be commenced. Within 6 months of the adoption of the Resolution of Necessity, the City will commence
eminent domain proceedings in the Superior Court in San Bernardino County where the property is located. In
that proceeding, the court will determine the amount of compensation to which you are entitled.
If you have any questions, please call this office at (909) 384-5026.
.ate of Notice: August 2, 2005
LASZLO "Les" FOGASSY,
Real Property Supervisor
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND
DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE
ACQUISITION OF A PORTION OF CERTAIN REAL PROPERTY LOCATED ON THE
NORTHEAST CORNER OF 2ND STREET AND VIADUCT BOULEVARD RELATIVE
TO THE EXTENSION OF GIOV ANOLA AVENUE, IN SAN BERNARDINO.
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6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. That on September 6, 2005, after at least fifteen (15) days written notice to
the owner of the property listed in Section 3 of this Resolution, the Mayor and Common Council
held a hearing for the purpose of allowing the owner a reasonable opportunity to appear and be
heard on the following matters:
a. Whether the public interest and necessity require the project;
b. Whether the project is planned or located in the manner that will be most
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18 result of the above Hearing, determined that the public health, safety and welfare requires the
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compatible with the greatest public good and the least private injury; and
c. Whether the property sought to be acquired is necessary for the project.
SECTION 2. The Mayor and Common Council of the City of San Bernardino, as a
acquisition by the City of a portion of that certain parcel of real property, more particularly
20 described in Exhibit "A", and depicted in relation to the proposed project by the map in Exhibit
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"B", attached and incorporated by reference, for street and highway purposes, a public purpose.
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The acquisition is authorized by Section 19 of Article 1 of the California Constitution; Sections
1, 40, and 240 of the City Charter; Section 37350.5 of the California Government Code; and
Sections 1240.010 through 1240.050 of the California Code of Civil Procedure.
SECTION 3. The owner of said property to whom Notice of said Hearing was mailed is
set forth on Exhibit "C", attached hereto and incorporated herein by reference. The mailing
!VD, iJ J
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RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC
INTEREST AND NECESSITY REQUIRES THE ACQUISITION OF A PORTION OF CERTAIN REAL
PROPERTY LOCATED ON THE NORTHEAST CORNER OF 2ND STREET AND VIADUCT BOULEVARD
RELATIVE TO THE EXTENSION OF GIOV ANOLA AVENUE.
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9 project and the acquisition by the City of San Bernardino of an easement over the property for
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address of the owner is as shown on the last equalized county assessment roll, as required by
law, and also as otherwise may be known.
SECTION 4. The Mayor and Common Council of the City of San Bernardino hereby
find and determine and declare that: (a) the public interest and necessity requires the proposed
public street purposes and all appurtenant uses; (b) the location of the proposed project is
planned or located in the manner that will be most compatible with the greatest public good and
the least private injury; (c) the property and the taking of the interest in the property as above
described, is necessary for the proposed project; and (d) offers required by Section 7267.2 of the
Government Code have been made to the owners of record.
SECTION 5. The Mayor and Common Council of the City of San Bernardino do hereby
t 7 declare that it is the intention of the City to acquire this property in its name in accordance with
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the provisions of the laws of the State of California with reference to condemnation procedures.
SECTION 6. The property is located in the City of San Bernardino, County of San
Bernardino, State of California, and is particularly described and depicted in said Exhibits "A"
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and "B".
23 SECTION 7. On March 7,2005, the Mayor and Common Council adopted a Negative
24 Declaration under the California Environmental Quality Act (CEQA) for the acquisition of right
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of way and construction of the extension of Giovanola Avenue. A Notice of Determination was
filed with the Clerk of the Board of Supervisors, County of San Bernardino, on March 9,2005.
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RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC
1 INTEREST AND NECESSITY REQUIRES THE ACQUISITION OF A PORTION OF CERTAIN REAL
PROPERTY LOCATED ON THE NORTHEAST CORNER OF 2ND STREET AND VIADUCT BOULEVARD
2 RELATIVE TO THE EXTENSION OF GIOV ANOLA AVENUE.
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SECTION 8. The City Attorney's Office is hereby authorized and directed to prepare,
institute and prosecute, in the name of the City, such proceedings, in the court having proper
jurisdiction, as may be necessary for the acquisition of a portion of this property. The City
Attorney's Office is also authorized and directed to make a deposit with the court of the sum
determined to be just compensation for said property and to request and obtain a necessary court
order granting the City the right of immediate possession and occupancy of the property. The
City Attorney's Office is also authorized to take any action necessary or appropriate to acquire
any temporary right of access to the property which may be necessary for construction of any
planned improvements.
SECTION 9. The City Clerk shall certify to the adoption of this Resolution.
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RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC
1 INTEREST AND NECESSITY REQUIRES THE ACQUISITION OF A PORTION OF CERTAIN REAL
PROPERTY LOCATED ON THE NORTHEAST CORNER OF 2ND STREET AND VIADUCT BOULEVARD
2 RELATIVE TO THE EXTENSION OF GIOV ANOLA A VENUE.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at
a
meeting
thereof held on the
day of
, 20_, by the following
vote, to-wit:
Council Members:
ABST AIN
ABSENT
AYES
NA YES
ESTRADA
LONGVILLE
MCGINNIS
DERRY
KELLEY
JOHNSON
MCCAMMACK
20
City Clerk
21 The foregoing resolution IS hereby approved this _ day of
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JUDITH VALLES, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
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Exhibit "A"
Legal Description for Partial Acquisition
Proposed extension of Giovanola Avenue, North of 2nd Street
APN: 0138-263-02
That portion of Lot 11, Block 15 of the Rancho San Bernardino, as per plat recorded in Book 7
of maps, page 2, records of San Bernardino County, State of California, described as follows:
Commencing at the intersection of the East line of Lot 13 of said Block 15, with a line that is
parallel with and distant 21.5 feet northerly of the South line of said Lot 13, said line also being
the south line of that certain 24 foot wide easement for street and highway purposes to the City
of San Bernardino in a document recorded in Book 2328, Page 12, Official Records of said
County;
thence South 890 55' 20" West along the south line of said 24 wide street and highway easement,
to the intersection of the northerly prolongation of the centerline of GiovC!nola Avenue (formerly
Osbun A venue), 60 feet wide, as said street is delineated on the Map of Insurance Loan & Land
Companies Subdivision, as per plat recorded in Book 16 of Maps, page 37, records of said
County, said point also being the True Point of Beginning;
thence, continuing South 890 55' 20" West, along said south line, to a point that is 985.94 feet
west of the Point of Commencement to a tangent curve, concave northeasterly, having a radius of
14.23 feet; ·
thence northwesterly and northeasterly along said curve, an arc distance of31.89 feet; thence
North 380 19' 50" East, a distance of 231.42 feet to a tangent curve, concave southeasterly,
having a radius of 270.09 feet;
thence northeasterly, along said curve, an arc distance of25.77 feet, more or less, to its
intersection with a line this is 36 feet east of and parallel with the northerly prolongation of said
centerline of Giovanola Avenue;
thence southerly, along said parallel line, a distance of 150.45 feet;
thence South 450 27' 02" East, a distance of 70.18 feet to a point being on the north line of said
24 foot wide street and highway easement;
thence south, parallel with said northerly prolongation of the centerline of Giovanola Street, a
distance of 24 feet, to the south line of said 24 foot wide street and highway easement; thence
west, along said south line, a distance of 86.02 feet, more or less, to the True Point of
Beginning.
Contains 22, 43~ sq~are feet, more or less.
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No Seo\.
PROPERT'( ACQU\S\T\ON - EXTENS\ON Of --,
G\A\JANOLA A\JENUE. NOR1\-\ Of 2ND SlREE1 (1\" \ oraw\oQ No.
por\\on o~ APN 0\ 38- 263-02 together w\th a '\ 0552
, port\on of the norther\y 24' of 2nd street)
prepared bY:_ ~ Fo-HI91 oa~ q (t,yz.oo e.
J') ~} __'~/ Date: 9 Jl9/tool.
Sheet.1-
of 1-
c"Y Of SAN BERNARD\NO
PUBL\C WORKS D\V\S\ON
REAL PROPERTY SECT\ON
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Exhibit "c"
Mr. Alex Meruelo, Trustee
The Alex Living Trust
Merona Enterprises, Inc.
9550 E. Firestone Blvd. Suite 3105
Downey, CA 90241
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 9. Lr - ("IS Item # Lf I Resolution # ;JCD5 - 30 ~
Vote: Ayes)- '7 Nays Abstain Absent
Change to motion to amend original documents 0
Companion Resolutions
NulINoid After: days /
Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0
PUBLISH 0
POST 0
RECORD W/COUNTY 0
By:
Date Sent to Mayor: 1- 'J - DS
Date of Mayor's Signature: qr (j r 0 S-- ./
,-
Date of Clerk/CDC Signature: C} 'g,!;!~
Reso. Log Updated: )JQ'
Seal Impressed: 0/
Reso. # on Staff Report c(
Date Memo/Letter Sent for Signature:
1 st Reminder Letter Sent:
Date Returned:
2nd Reminder Letter Sent:
Not Returned: 0
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413,6429,6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
yes/'
Yes
Yes
Yes
Yes
No By
No~ BY=
No~ By_
NO-h
No By _
Copies Distributed to:
Animal Control
City Administrator
City Attorney
Code Compliance
Development Services
Others:
o
o
[V//
o
@/CJ;;
EDA
o
o
~
o
o
Information Services
Parks & Recreation
Police Department
Public Services
Water Department
o
o
o
o
o
Facilities
Finance
Fire Department
Human Resources
Notes:
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Ready to File: _
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CL ('7 " I:::>~
Dat~: 1 7
Revised 12/18/03