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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James Funk, Director
, f Subject: Public Hearing 4:00 p.m.-- Resolution
of Necessity for the acquisition of real property by
enlinent domain - corner of 2nd Street and Viaduct
Boulevard, relative to the extension of Giovanola
Avenue.
Dept: Development Services
Date: January 9, 2003
Synopsis of Previous Council Action:
File No.15.05-231
MCC Date: 01-21-2003
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
11/04/2002 - Resolution No. 2002-360 was adopted establishing fair market value.
Recommended Motion:
I. That the Public Hearing be closed.
AND
2. Adopt Resolution.
AND
3. That the Director of Finance be authorized to amend the FY 02-03 Gas Tax Budget and
transfer $45,800 from account number 126-369-5504-7345 (Misc. Street Projects) to
account number 126-369-5504-7351 (Right ofWay-~:anola ~ 2; ~ L TF
~unk fJ
Contact person: LASZLO "Les" FOGASSY
Supporting data attached: Staff Report, Notice,
ResolutIOn
Ward:
FUNDING REQUIREMENTS: Amount:
$45,800
Source: (Acct. No.) 126-369-5504-7351
Council Notes:
\?~.u.7()0'3-2')
(Acct. Description) Misc. Economic Development
s~roj;ft#~
Finance:r,(L7a /.... CA--
~(, '.
Agenda Item No.
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 - corner of 2nd Street and Viaduct Boulevard, relative to the extension of
Giovanola Avenue.
BACKGROUND:
The extension of Giovanola Avenue from 2nd Street to 3'd 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 3'd Street. The site
includes several retail buildings. However, the portion proposed to be acquired is located at the
west end ofthe parcel and no private improvements will be affected by this acquisition. $75,000
was allocated in the five-year CIP (Capital Improvement Program) budget, which was approved
on July 15, 2002, for design and acquisition related to this site. Realigning 3'd Street with
Giovanola Avenue will create a four-way intersection, which will enhance traffic safety and
make additional land available for public parking.
An appraisal was prepared by The Real Estate Mart and indicates a fair market value of $40,000
for this portion of the site to be acquired, which was based on 19,614 square feet of vacant land.
Subsequent to the appraisal being obtained, changes were made in the design to allow for
landscaping and accessibility ramps adjacent to the street extension. This resulted in an
additional 2,819 square feet ofland being needed, bringing the total acquisition to 22,433 square
feet. The adjusted value of the acquisition is $45,800, which was determined to be the fair
market in Resolution No. 2002-360, adopted on November 18, 2002.
Staff has been unable to negotiate the partial acquisition of this property and it is now necessary
to acquire the property 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 December 19, 2002.
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 $45,800 will also need to
be deposited into the State Condemnation Fund.
Staff Report-cont'd
FINANCIAL IMPACT:
$45,800 for this acquisition to be transferred from Miscellaneous Economic Development Street
Projects (126-369-5504-7345) to a separate project number (126-369-5504-7351) for better
tracking of costs related to the Santa Fe Depot. There will be no negative impact to the
Miscellaneous EDA Street Fund as a result of this transfer
RECOMMEND A TION:
Close the public hearing and adopt resolution.
CI
'ERNARDINO 300 NORTH "0" STREET, SAN BERNARDINO, CALIFORNIA 92418
1:~'
L~j
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: Robert L. Kovats
P,O. Box 2444
Corona, CA 92878
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
January 21,2003, 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 the amount of compensation to be paid are not a part of tllis proceeding and the
Mayor and Common Council do not consider such in determining whether 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 "A" and shown
on a plat map marked Exhibit "B".
If 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.
All 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 15 day period. Failure to file a written request results 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 (ell.
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 projects 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 15 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 or (909) 384-5111.
Date of Notice: December 19. 2002
LASZLO "Les" FOGASSY,
Real Property Supervisor
u
1
2
RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND
3 DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE
ACQUISITION OF A PORTION OF CERTAIN REAL PROPERTY LOCATED ON THE
4 NORTHEAST CORNER OF 2ND STREET AND VIADUCT BOULEVARD RELATIVE
5 TO THE EXTENSION OF GIOV ANOLA AVENUE, IN SAN BERNARDINO.
6
7
RESOLUTION NO.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
8
SECTION 1. That on January 21, 2003, after at least fifteen (IS) days written notice to
9 the owner of the property listed in Section 3 of this Resolution, the Mayor and Common Council
10
11
12
13
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
14
15
16
17
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
18 result of the above Hearing, determined that the public health, safety and welfare requires the
19 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
21 "B", attached and incorporated by reference, for street and highway purposes, a public purpose.
22
23
24
25
The acquisition is authorized by Section 19 of Article I 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.
26 SECTION 3. The owners of said property to whom Notice of said Hearing was mailed
27 is set forth on Exhibit "C", attached hereto and incorporated herein by reference. The mailing
28
1F~{p
1/2/(03
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 BOULEV ARD
2 RELATIVE TO THE EXTENSION OF G10V ANOLA A VENUE.
3
4
address of the owner is as shown on the last equalized county assessment roll, as required by
5
law, and also as otherwise may be known.
6
7
8
9
10
11
12
13
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
project and the acquisition by the City of San Bernardino of an easement over the property for
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
14
15
16
17
Government Code have been made to the owners of record.
SECTION S. The Mayor and Common Council of the City of San Bernardino do hereby
declare that it is the intention of the City to acquire this property in its name in accordance with
18 the provisions of the laws of the State of California with reference to condemnation procedures.
19
20
SECTION 6. The property is located in the City of San Bernardino, County of San
and "B~'.
22
23 SECTION 7. The City Attorney's Office is hereby authorized and directed to prepare,
24 institute and prosecute, in the name of the City, such proceedings, in the court having proper
25 jurisdiction, as may be necessary for the acquisition of a portion of this property. The City
26 Attorney's Office is also authorized and directed to make a deposit with the court of the sum
27
28
determined to be just compensation for said property and to request and obtain a necessary court
2
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 BOULEV ARD
2 RELATIVE TO THE EXTENSION OF GIOV ANOLA A VENUE.
3
4
order granting the City the right of immediate possession and occupancy of the property. The
5
6
7
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
8 planned improvements.
9
10 /I
11 /I
12 II
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
SECTION 8. The City Clerk shall certify to the adoption of this Resolution.
3
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 BOULEV ARD
2 RELATIVE TO THE EXTENSION OF GIOV ANOLA AVENUE,
3
4
5
6
7
8
9
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at
thereof held on the
day
of
vote, to-wit:
Council Members:
AYES
NAYS
ABSTAIN
10 ESTRADA
11
LONGVILLE
16 ANDERSON
17
18
19
20
21
MCCAMMACK
a
meeting
,20_, by the following
ABSENT
City Clerk
The foregoing resolution is hereby approved this
20_,
day of
JUDITH V ALLES, Mayor
City of San Bernardino
4
Legal Description for Partial Acquisition
Proposed extension of Giovanola A venue, North of 2nd Street
APN: 0138-263-02
That portion of Lot II, 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 IS, 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 89055' 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 Giovanola Avenue (formerly
Osbun Avenue), 60 feet wide, as said street is delineated on the Map ofInsurance 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 of 31.89 feet; thence
North 380 19' 50" East, a distance of23 1.42 feet to a tangent curve, concave southeasterly,
having a radius of270.09 feet;
thence northeasterly, along said curve, an arc distance of25.77 feet, more or less, to its
intersection with a line that 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 of24 feet, to the south line of said 24 foot wide street and highway easement; thence
South 89055' 20" West, along said south line, a distance of86.02 feet, more or less, to the True
Point of Beginning.
Contains 22, 433 square feet, more or less.
EXHIBIT "A"
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EXHIBIT "B"
ROBERT L. KOY A TS, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY.
ROBERT L. KOY A TS
P.O. BOX 2444
CORONA, CA 92878
ROBERT L. KOY A TS
P.O. BOX 810
LA HABRA, CA 90632
EXHIBIT "C"
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Change to motion to amend original documents:
'2- e)(.) 3- d 'l
Absent B-
Meeting Date (Date Adopted): t- Z \ -O-S Item #
Vote: Ayes \- <c Nays h
'L(p Resolution #
Abstain 'I
Reso. # On Attachments: / Contract term:
-
Note on Resolution of Attachment stored separately: -=--
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
,JD
Date Sent to Mayor: 1- Z 3- "-.)-:::-
Date of Mayor's Signature: 1-2'-0'"
Date of ClerklCDC Signature:
\-2"it-6>:'
Date M~~~Sent for Signature:
60 Day Reminder Letter Sem un J9n, tI~v:
90 Day Reminder Letter Sent on 45th day:
See Attached:
See Attached:
See Attached:
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):
Copies Distributed to:
City Attorney / Code Compliance
NullNoid After: ---
By:
~
Reso. Log Updated: /'
Seal Impressed: ,/'
Date Returned: -
Yes V No By
Yes No -""'- By
Yes No~ By
Yes No / By
Yes N07 B
Finance /' MIS
Parks & Rec.
Police
Public Services
Water
Dev. Services / EDA
Others:
Notes:
BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.)
Ready to File: --1'Ui..- Date: ~
Revised 01/12/01