HomeMy WebLinkAboutRES NO 095-02RESOLUTION NO. 0 9 ~ ' 0 2
A RESOLUTION OF NECESSITY DECLARING THE
PUBLIC INTEREST AND NECESSITY FOR THE
ACQUISITION OF CERTAIN REAL PROPERTY
LOCATED AT 102913TH STREET IN BAKERSFIELD
FOR PARKING FACILITIES FOR THE CENTENNIAL
GARDEN ARENA/CONVENTION CENTER,
ENABLING THE CITY TO CONDEMN THE SUBJECT
PROPERTY PURSUANT TO CODE OF CIVIL
PROCEDURE SECTIONS 1245.220 AND 1245.230.
(WARD 2)
WHEREAS, after notice and opportunity have been given to the property owner(s) at
issue, the City Council of the City of Bakersfield, by vote of two-thirds or more of its members,
hereby finds and determines as follows:
1. The Centennial Garden Arena/Convention Center complex in Bakersfield was
constructed/enlarged for the public benefit and additional parking facilities are needed in
order to accommodate increasing traffic volumes; and
2. The City of Bakersfield intends to enlarge the parking facilities provided therefor
and construct related street and parking improvements for public use, to carry out and make
effective the principal purpose pursuant to Code Civ. Proc. § 1240.120(a) and, in connection
therewith, acquire interests in certain real property. Said public use is a function of the City
of Bakersfield; and
3. The Public Works Department of the City of Bakersfield has prepared a plan
of works for the construction of additional parking facilities for the Arena and Convention
Center complex (the "Project"); and
4. A legal description of the subject property is attached as Exhibit "A" and a
general plat map and description of the subject property is attached as Exhibit "B", attached
hereto and incorporated herein by reference; and
5. The real property described in the attached Exhibit"A" and generally depicted
in Exhibit "B" (the "subject property") is required for the completion of the Project; and
6. The City of Bakersfield has fully complied with Code of Civil Procedure section
1245.235 and now desires to adopt its resolution of necessity in compliance with Code of
Civil Procedure section 1245.230; and
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7. On May 7, 2002, there was mailed a Notice of Hearing on the intent of the City
of Bakersfield to adopt a Resolution of Necessity for acquisition by eminent domain of the real
property described in Exhibits "A" and "B" herein, which Notice of Hearing is attached hereto
as Exhibit "C" and is incorporated herein by this reference. Said Notice of Hearing was
mailed to all persons whose names appear on the last equalized County Assessment Roll as
having an interest in the property described herein and to those believed to possess the right
of intestate succession to the subject property. Said Notice of Hearing advised said persons
of their right to be heard on the matters referred to therein on the date and at the time and
place stated therein; and
8. On May 31,2002, notice of the hearing on the intent of the City of
Bakersfield to adopt a Resolution of Necessity for acquisition by eminent domain of the real
property described herein was published in the Bakersfield Californian, a daily newspaper of
general circulation for a period of two (2) days over a ten (10) day period so as to afford other
persons/entities who may claim an interest in the subject property (as intestate successors
or otherwise) to appear and be heard on the proposed Resolution of Necessity. Said Notice
of Hearing is attached hereto as Exhibit "C" and is incorporated herein by this reference.
9 The proposed project for which this acquisition is made is categorically exempt
from CEQA under Section 15061(b)(3)(General Rule) and Section 15311 Accessory
Structures, Class Il(b) -construction and placement of a small parking lot. A "Notice of
Exemption" was filed March 16, 2001; and
10. By Resolution dated March 15, 2001 (No. 35-01) the Bakersfield Planning
Commission made a General Plan consistency finding pursuant to Government Code section
65402 for acquisition of the subject property. The contents of said Resolution are
incorporated as though fully set forth herein; and
11. The subject property is to be acquired for the layout, establishment, construction,
and maintenance of the Project. Sections 1800, et seq., and 54031 of the Streets and
Highways Code authorize the City to lay out, acquire, construct, and maintain the Project.
Section 37350.5 of the Government Code, Article Ill, section 12 of the Charter of the City of
Bakersfield and sections 1240.010, et seq., of the Code of Civil Procedu re authorize the City
of Bakersfield to acquire the subject property by eminent domain; and
12 The City Council of the City of Bakersfield hereby finds and determines each
of the following:
a. The public interest and necessity require the Project;
b. The Project is planned, approved, and accepted in a manner compatible
with the greatest public good and the least private injury;
c. The subject property is necessary for the Project; and
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~RIGINAL
d. The offer required by Government Code section 7267.2 has been made to
the owners of record of the subject property; and
13. Specific findings of fact supporting the City Council's determination herein are
set forth in Exhibit "D" attached hereto and made a part hereof, as well as other evidence as
may be presented at the time of the hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF BAKERSFIELD as follows:
1. That each of the matters set forth above is true and correct and the City Council
of the City of Bakersfield so finds and determines.
2. That the property described herein is required to complete the Project.
3. That the City exercise its power under Code of Civil Procedure
sections 1240.010, et seq., Government Code section 37350.5, and Article III, Section 12 of
the Charter of the City of Bakersfield in acquiring the property discussed herein.
4. That City staff is authorized and directed to take any and all appropriate actions
consistent with the purposes of this resolution including, but not limited to, initiating
proceedings in eminent domain to acquire the subject property, to obtain an order(s) for
immediate possession of the subject property, withdrawal of necessary compensation that will
be awarded in the eminent domain proceedings and to take such other and further action as
may be required to timely obtain the subject property for said public uses and purposes.
.......... 000 ..........
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I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
Council of the City of Bakersfield at a regular meeting thereof held on JUN 1 2 Z00Z, by the
following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNClLMEMBER ~
COUNCILMEMBER ~J"(~"~J'-~
COUNCILMEMBER ~
CITY CLERK and Ex Officio C~/erk of the
Council of the City of Bakersfield
JUN Z 2 2002
APPROVED
HARVE
Mayor
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
MIdHAEL G. ALLFORD
Deputy City Attorney
MGA:pah
S:\COU NCIL\Resos\RON.102913thStreet.wpd
April 30, 2002
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Identification of Subject Property
The property which is the subject of this appraisal is a single family residence situated at 1029
13th Street, Bakersfield, CA. The site is legally identified as Lot 5, Block 389, in the City of
Bakersfield, Kern County, CA, and is further identified as APN 006-521-01.
Exhibit "A"
I-'flor Me[all ~ ~-'arcel Map
: Good~ Fr~,,~ J Est
$te : 1029 13Th St Bakca.r, eld 93301
Mail : 901 S Halcy St Bakersfield Ca 93307
Xfered : 03/04/1974 Doc # : 4831-1366
Price : Deed :
Loa~mt : Loan :
Lender : IntTy :
Lega/ :CITY ABBR Ct-YBK, BLOCK 389, CITY'
MapC~d : 227 A3
LandUse : 0105 Re:s, Sgl Flay Re, Corem Or lad Zol~
Census : Tract: 16.00 Block: 4
Pt~cel
Land
Struct
Other
Total
Exempt
Type
~ Owned
Vea~ng
99-00 Tax
Phone
:00652101003
: $13,719
: $7,891
: $21,610
: 37
: $573.29
Bedrooms
Bathrooms
l'~re~tace
Air Cond
Units
Stories
Pool
: 3 Bldg SqFt : 1,097
: 1.00 l~FlrSqFt : 1,097
: 2nd Flr ~qFt :
: Ba~mentS~ :
: Garage ~ : Garage
: Garage ~lFt : 200
: A&~n Sql~ :
Lot Acres
Lot SqFt
Lot Dimen
Year Built
Bl~g Matt
Bus ~
~ ct~
: 1926
:B
Prior Owner
Prior Owner
Prior Owner
Pr. $/DateIDoc :
Pr. S/Date/Doc:
Pr. ~/Date/Dac :
CITY OF BAKERSglELD
EXHIBIT" _5"
Th~ lnformaffon Provided Is De~m~i R~ltabl~, But Is Not Guaranteed.
NOTICE OF HEARING REGARDING THE INTENT OF THE
BAKERSFIELD CITY COUNCIL TO ADOPT A RESOLUTION
OF NECESSITY TO ACQUIRE PROPERTY BY EMINENT
DOMAIN
To:
Estate of Frank J. Goosby
c/o Eugenia Goosby-Marshall
3290 Knight Trails Circle, Unit 111
Memphis, TN 38115
Donald Goosby
2015 Brundage Lane
Bakersfield, CA 93304-2850
Re:
Notice of Hearing regarding adoption of a Resolution of Necessity
to acquire property located at 1029 13"' Street, Bakersfield
(APN 006-521-01) by Eminent Domain
[California Code of Civil Procedure section 1245.235]
Dear Property Owners:
1. Notice of the Intent of the Bakersfield City Council to Adopt a Resolution of
Necessity. The Bakersfield City Council ("City") intends to consider the adoption of a
Resolution of Necessity on June 12, 2002 which, if adopted, will authorize the City to acquire
the property described as 1029 13th Street, Bakersfield, California 93301, and depicted on
Exhibits "A" and "B" to the proposed Resolution of Necessity (attached) by eminent domain
for parking for the Centennial Garden Arena/Convention Center complex.
2. Notice of Your Right to Appear and Be Heard. Please take notice that the
Bakersfield City Council, at a regular meeting to be held on Wednesday, June 12, 2002, at
7:00 p.m. or as soon thereafter as the matter may be'heard, at 1501 Truxtun Avenue,
Bakersfield, California 93301, will hold a hearing on whether such a Resolution of Necessity
should be adopted, as required by Code of Civil Procedure section 1245.220 for the
commencement of an eminent domain proceeding to acquire real property.
You have the right to appear and be heard before the City Council at the
above-scheduled hearing on the following issues, and to have the City Council give judicious
consideration to your testimony prior to deciding whether or not to adopt the proposed
Resolution of Necessity:
a. Whether the public interest and necessity require the proposed acquisition;
b. Whether the proposed acquisition is planned or located in the manner that will
be most compatible with the greatest public good and the least public injury;
c. Whether the property sought to be acquired by eminent domain and described
in the Resolution of Necessity is necessary for the proposed project;
EXHIBIT "C"
Page No. 2
d. Whether the offer required by Govt. Code § 7267.2(a), together with the
accompanying statement and summary of the basis for the amount established as just
compensation, was actually made to you and whether said offer and statement/summary
(attached) were in a form and contained all of the factual information required by Govt. Code
§ 7267.2(a) (attached);
e. Whether the City has statutory authority to acquire the property by eminent domain;
and
f. Whether the City has complied with all conditions and statutory requirements
necessary to exemise the power of eminent domain (the"right to take") to acquire the property
described herein.
The project for which this acquisition is made is categorically exempt from CEQA
under section 15061 (b)(3)(General Rule) and section 15311 Accessory Structures, Class Il(b)
-construction and placement of a small parking lot. A"Notice of Exemption"was filed March
16, 2001.
The statute(s) which authorize the City of Bakersfield to acquire the property by eminent
domain for this project include, but are not limited to, California Govt. Code section 54031
(Parking) and Streets and Highways Code sections 5100, et seq. (Street Improvement Act
acquisitions). Additional authority is set forth in the proposed Resolution of Necessity
attached hereto.
3. Failure to File a Written Request to Be Heard Within Fifteen (15) Days After
this Notice Was Mailed and Published Will Result in Waiver of the Right to Appear and
Be Heard. If you desire to be heard, you must file a written request with the Clerk of the
Bakersfield City Council within fifteen (15) days after this Notice was mailed and published.
You must file your request to be heard at: Bakersfield City Clerk, 1501 Truxtun Avenue,
Bakersfield, California 93301. Should you elect to mail your request to the clerk of the
governing board, it must be actually received by the clerk for filing within fifteen (15) days after
this Notice was mailed. The date of mailing appears at the end of this Notice.
California Code of Civil Procedure section 1245.235(b)(3) provides that"failure to
file a written request to appear and be heard within fifteen (15) days after the Notice was
mailed will result in waiver of the right to appear and be heard" on the above issues wh ich are
the subject of the hearing.
If you elect not to appear and be heard in regard to compensation, your
nonappearance will not be a waiver of your right to claim greater compensation in a
court of law. The amount to be paid for the property will not be considered by the
Council at this hearing.
EXHIBIT" C,."
Page No. 3
The amount of the compensation to be paid for the acquisition of the
property is not an issue being heard by the Bakersfield City Council at
this time. Your nonappearance at this noticed hearing will not prevent
you from claiming greater compensation, in and as determined by a
· court of law in accordance with the laws of the State of California. This
Notice is not intended to foreclose future negotiations between you and
the representatives of the City of Bakersfield on the amount of
compensation to be paid for your property.
If you elect not to appear and not to be heard, your failure to appear will be
a waiver of your right to later challenge the right of the City of Bakersfield to take the
property by eminent domain.
If you elect not to appear and not to be heard, you will only be foreclosed
from raising in a court of law the issues which are the subject of this
noticed hearing and which are concerned with the right to take the
property by eminent domain.
If the City of Bakersfield elects to adopt the Resolution of Necessity, then within six
months of the adoption of the Resolution, the City will commence eminent domain
proceedings in Superior Court. In that proceeding, the Court will determine the amount of
compensation to which you are entitled.
Dated and mailed on May 7, 2002.
Very truly yours,
Deputy City Attorney
MGA:pah
cc: Donald M. Anderson, Senior Real Property Agent
Attach ments:
Exhibit "A": Proposed Resolution of Necessity
Exhibit "B": Offer and Statement/Summary
Exhibit "C": Government Code section 7267.2(a)
S:~Attorney~LE'CFERS\Goosby. RON.wpd
EXHIBIT
1.
FINDINGS OF FACT
The public good, interest, and necessity require the proposed project based on the
following facts:
The proposed project is to expand the available public parking facilities for the
Centennial Garden arena/Convention Center complex (herein ("Complex").
While the present parking facilities met the minimum requirements of the
development when approved and constructed, ever increasing attendance has
necessitated additional parking facilities to accommodate ever-increasing
traffic flows.
The new parking facility would consist of a 6,954 square foot, single level
parking area with parking stalls, bus parking, and expanded passenger drop-off
capability. The new facility will be located immediately south of and within
walking distance of the Centennial Garden Arena/Convention Center Complex.
Furthermore, vehicular/pedestrian traffic access to the complex and public
safety are further facilitated by completion of the ,,Q, Street underpass project,
allowing access to the complex from the new parking facility when trains are
present along the adjoining BNSF rail line which delays/impairs vehicular
access to the parking facilities presently provided for the Complex on "N" Street
which lie south of the rail line.
Acquisition of the subject property in conjunction with completion of the "Q"
Street underpass project allows unimpeded traffic flowto all Complex parking
lots between "M" and "Q" Streets (south of the BNSF rail line) from 14th Street.
This reconfiguration will address the numerous complaints received regarding
delays to Complex traffic when trains are present at the"N" Street crossing and
further resolve the public safety hazard created by vehicles backed up along "N"
Street onto Truxtun Avenue while waiting for the train(s) to clear the "N" Street
crossing.
The condemnation of the subject property is necessary to allow expansion of
additional parking facilities to alleviate existing and projected public traffic flow
to and attendance at the Complex. Said traffic flow and attendance is
increasing due to further development, including the recent completion of an
Amtrak station adjacent to the Complex. The plans, specifications and design
providing for the parking facilities project are incorporated herein and made a
part hereof. Furthermore, when events are scheduled during normal working
hours on weekdays, the Complex is not permitted to utilize the covered County
EXHIBIT "D"
-- Page 1 of 3 Pages--
II.
of Kern parking facility adjacent to the Complex (west of"N" Street) resulting in
the loss of approximately 800 parking spaces. Acquisition of the subject
property for parking purposes will mitigate this loss while still providing safe
vehicular/pedestrian access to the Complex via the "Q" Street underpass route.
At present, the Complex is permitted to use approximately forty (40) excess
parking spaces at the Amtrak station located at the northeast corner of "Q"
Street and the BNSF railroad lines. However, when necessary for Amtrak
patrons/riders, these parking spaces may be denied to Complex traffic. The
potential loss of these "excess" Amtrak parking spaces justifies their
replacement at the subject property which would further enhance the public
safety and convenience due to its closer proximity to the Complex than the
current Amtrak parking lot.
The construction of the parking facilities project discussed herein has previously
been approved by the City as more fully set forth in the Project Study Report
which is incorporated herein and made a part hereof by this reference.
The proposed project is planned and located in a manner that will provide the greatest
public good and the least private injury, this finding is based on the following facts:
1. Facts stated in Section I above support the public good.
The property proposed to be acquired herein immediately abuts adjoining
property presently used for complex parking and other properties the City is
acquiring for the parking facilities project, adding to the safety and convenience
of the public access.
An alternative plan to expand the existing parking facilities adjacent to the
Complex was considered but rejected due to restricted vehicular traffic access.
Completion of the "Q" Street underpass project makes the subject property
ideally situated to provide additional Complex parking facilities which will not
delay/impair vehicular or pedestrian traffic to and from the Complex when trains
are present along the intervening BNSF rail line. This site has been determined
to meet all existing needs while also allowing for future expansion in anticipation
of increased attendance at the Complex, and the Project Study Report was
performed with this in mind.
The subject residential property is no longer used as a residence and has fallen
into a state of disrepair. The property is presently unoccupied, boarded up and
the subject of code enfomement actions for weeds, debris and transient
activities on the site. The removal of the aged, dilapidated residence thereon
EXHIBIT "D"
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III.
IV.
will not only serve the public interest to provide additional complex parking, but
will also serve to eliminate blight in this area, to the aesthetic improvement of
the area.
By Resolution of March 15, 2001, the Bakersfield Planning Commission made
a finding of consistency with the General Plan pursuant to Govern ment Code
section 65402 relative to acquisition of this property. The contents thereof are
incorporated as though fully set forth herein.
The property being acquired is necessary for the proposed project. This finding is
based on the following facts:
The property to be condemned is located within walking distance of the
Complex and the project is designed to improve traffic flow and pedestrian
access to and from the Complex, downtown hotel and Amtrak train facilities.
The proximity of the property to the Complex and adjacent commercial and
public development including an Amtrak station makes it ideal for enhancement
of the public safety and convenience for public parking purposes. The plans
and specifications for such construction support this finding and are set forth
herein by this reference and made a part hereof.
Ever increasing and congested vehicle and pedestrian traffic flow will be
alleviated by the acquisition of this particular parcel of property so as to allow
expansion of public parking facilities at this site.
All information presented at the time of hearing in support of the findings set forth in
Sections I through III herein is incorporated by this reference.
The offer as required by section 7257.2 of the Government Code has been made.
This finding is based on the following facts:
Donald M. Anderson, the City of Bakersfield's Senior Real Property Agent,
conveyed a written offer required under section 7267.2 of the Government
Code to Estate of Frank J. Goosby, Eugenia Goosby-Marshall, and Donald
Goosby, owners and putative owners of the subject property. The offer was
dated April 16, 2002 and was based upon the appraisal of the property.
The property owners have rejected the offer given them by the City.
EXHIBIT "D"
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