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HomeMy WebLinkAboutRES NO 103-02RESOLUTION NO. 108-0~, A RESOLUTION OF NECESSITY DECLARING THE PUBLIC INTEREST AND NECESSITY FOR THE ACQUISITION OF CERTAIN REAL PROPERTY LOCATED AT 1313 "Q" STREET IN BAKERSFIELD FOR AN AQUATICS CENTER AND INDOOR ICE 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 City of Bakersfield ("City") desires to construct an outdoor aquatics center and an indoor ice center (the "Project"); and 2. As currently planned, the Project would be constructed on City owned property located south of the City's Convention Center/Centennial Garden Arena complex; and 3. The Public Works Department of the City of Bakersfield has prepared a "Statement of Project Purpose & Goals" for the construction of the Project; and 4. The City of Bakersfield intends to enlarge the available public recreation and entertainment facilities by construction of this Project for public use, to carry out and make effective the principle purpose pursuant to Code Civ. Proc. Section 1240.120(a) and in connection therewith, acquire interest in certain real property. Said public use is a function of the City of Bakersfield; and 5. 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 Exh'b't "B", attached hereto and incorporated herein by reference; and 6. The real property described in the attached Exhibit"A" and generally depicted in Exhibit "B" (the "subject property") is required for completion of the Project; and 7 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 -- Page 1 of 4 Pages-- ORIGINAl 8. On May 20, 2002 there was a mailed a Notice of Hearing on the intent of 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. 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 9. The laws and regulations relating to the California Environmental Quality Act (CEQA) and the City of Bakersfield CEQA Implementation Procedures have been duly followed by city staff and the Board of Zoning Adjustment. A final Environmental Impact Report (FEIR) has been reviewed and certified bythe Board on March 13, 2001, with the adoption of Resolution No. 09-01 that analyzes and identifies the environmental impacts and mitigation for this Project within the southeast redevelopment area. 10. By Resolution dated March 15, 2001, 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. In part, section 38010 of the California Government code authorizes the City to lay out, acquire, construct, and maintain the Project. Section 37350.5 of the Government Code, Article III, section 12 of the Charter of the City of Bakersfield and sections 1240.010, et seq., of the Code of Civil Procedure authorize the City of Bakersfield to acquire the subject property by eminent domain for public entertainment and recreation facilities; and 12. The proposed use is essential or desirable to the public welfare. The project will compliment the existing entertain merit complex and recreation facility that is adjacent to the north which contains the Centennial Garden Arena and Convention Center. It is desirable to the public welfare as it will also develop a blighted area which will encourage new business into the area which will, in turn, enhance the overall downtown area. 13. 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 -- Page 2 of 4 Pages-- 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. .......... o0o .......... -- Page 3 of 4 Pages -- ~?~RIGINAL 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 ! 2 2002., by the following vote: AYES: NOES: ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER I'J~v~"P~.- APPROVED JUN 1_ 2 2002 CITY CLERK and Ex Offi~:~ Clerk of the Council of the City of Bakersfield By ~'I~ARV~Y L. HAiL Mayor APPROVED AS TO FORM: BART J. THILTGEN City Attorney MIdHAEL G: .~.LLFORD Deputy City Attorney MGA:pah S:\COU NCIL\Resos\RON. 1313QStreet.wpd May 9, 2002 -- Page 4 of 4 Pages -- File No. 8005824 EXHTBZT That portion of Lots I and 2, Block 372 in the City of BAKERSFZELD, COunty of KERN, State of California, according to the map recorded in Book 1, Pages 13 and 14 of Haps, in the Office of the County Recorder of said County lying Northwesterly of the Northwesterly right-of-way line of "q" Street as said 'q" Street now located. Except therefrom that portion of the following described land: Being a portion of Lot 2 of Block 372, as per map recorded in Book 1, page(s) 13 and 14, of Haps, in the office of the County Recorder of said County, lying Northwesterly of the Northwesterly right-of-way ling of "(~" Street as said "q" Street ie now located, Lying Southeasterly of the following described line: Commencing at the Northwest corner of said Lot 2, said point being 41.25 feet distant, at right angles, to a point on the centerllne of 14th Street, from said point on the centerline of 14th Street the intersection of the centerilnes of 14th Street and "P" Street bears North 89" 08' 48" West, a distance of 198.35 feet. Thence (1) South 0° 51' 16" West, on and along the West line of said Lot 2, a distance of 92.26 feet to the true point of beginning; Thence (2) North 0° 51' 16" East, on and along the West line of eald Lot 2, · distance of 8.20 feet; Thence (3) North 44° 08' 54" East, a distance of 47.58 feet to · point on said Northwesterly right-of-way line of "(~" Street, as it Is now located. APN: 006-480-03 CLTA Guarantee Form No. 1 Litigation Guarantee (P, ev 12-16-93) TQg001CA (2J99) Page3 of 12 EXHIBIT" )~IGINAL CITY OF BAKERSFIELD / ® ~CHOOL DIS'[ /-/ '.-48 ~ MTH ~I~TH 7 9 ASSESSORS MAP N0..6c.48 ,,-,,,',,~: ':~-"~** {'y.- '~.-.~'1~, NOTICE OF HEARING REGARDING THE INTENT OF THE BAKERSFIELD CITY COUNCIL TO ADOPT A RESOLUTION OF NECESSITY TO ACQUIRE PROPERTY BY EMINENT DOM.adN American Home Industries Corporation c/o Mr. Dave G. Cross-President 1400 Q Street Bakersfield, California 93301 Re: Notice of Hearing regarding adoption of a Resolution of Necessity to acquire property located at 1313 "Q" Street, Bakersfield (APN 006-480-03) by Eminent Domain [California Code of Civil Procedure section 1245.235] Dear Property Owner: 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 1313 "Q" Street, Bakersfield, California 93301, and depicted on Exhibits "A" and "B" to the proposed Resolution of Necessity (attached) by eminent domain for an aquatics center and indoor ice center. 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; 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); EXHIBIT" Page No. 2 e. Whether the City has statutory authorityto acquire the property by eminent domain; f. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain (the"right to take") to acquire the property described herein. The laws and regulations relating to the California Environmental Quality Act (CEQA) and the City of Bakersfield CEQA implementation procedures have been duly followed by City staff and the Board of Zoning Adjustment. A Final Environmental Impact Report (FEIR) has been reviewed and certified by the Board on March 13, 2001, with the adoption of Resolution No. 09-01 that analyzes and identifies the environmental impacts and mitigation for this project within the southeast redevelopment area. 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 37350.5 and 38010. 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 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. 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'ffailure 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 which 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. 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. EXHIBIT" Page No. 3 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 20, 2002. Very truly yours, Deputy City Attorney MGA:pah cc: Donald M. Anderson, Senior Real Property Agent Attachments: Exhibit "A": Proposed Resolution of Necessity Exhibit "B": Offer and Statement/Summary Exhibit "C"'. Government Code section 7267.2(a) S:'J_it~HEPleadings'~otice of Heafing.wpd EXHIBIT"©" FINDINGS OF FACT The public good, interest, and necessity require the proposed Project based on the following facts: The City of Bakersfield ("CITY") desires to construct an outdoor aquatics center and indoor ice center (the "Project"). The proposed Project will expand the available public entertainment and recreation facilities in the downtown area and southeast redevelopment area. The Project would consist of an aquatics center to include a wet play area with slide(s) and a shallow pool for small children; a competition lap pool; a competition diving pool; and a building housing offices, restrooms, locker moms, equipment rooms, storage rooms and possibly a snack bar. The indoor ice center shall be designed in accordance with standards promulgated by the National Hockey League (NHL). The ice center would be contained in a building of approximately 32,000 to 34,000 square feet and include an ice rink conforming to NH L standards for a 85-foot by 200-foot rink with public viewing area, four locker rooms with restroom facilities (one of these locker rooms shall be designed for use by a professional hockey team), offices, public restrooms and retail areas. The Project will be located immediately south of and within walking distance of the Centennial Garden arena/Convention Center complex. Furthermore, vehicular/pedestrian traffic access and public safety will be further facilitated by the recent completion of the "Q" Street underpass Project, allowing access to the Project when trains are present along the intersecting BNSF rail line. As the site of the Project is presently envisioned, the Project will also be within close proximity to the Amtrak train station located at the northeast corner of "Q" Street and the BNSF railroad lines. Condemnation of the subject property is necessary to allow for construction of the Project. The plans, specification and design providing for the Project are incorporated herein and are made a part hereof. EXHIBIT "D" -- Page 1 of 4 Pages-- I1. The recreational aspects of the Project would directly benefit the residents of nearby Iow income areas. The current concept for the Project places it within walking distance of these Iow income residential areas which greatly improves those resident's ability to make use of these facilities. The Project would support and enhance local education programs as the lap pool and diving pool will be used by the Kern High School District for various competitions and as a practice facility for local schools that do not have such facilities on their campus. Furthermore, the ice centercan be utilized for groups and private lessons in figure skating, hockey and other ice rink events, thus supporting the development of local athletes and athletics. Within the Bakersfield Metropolitan area, there are no other aquatic facilities that offer in one place all of the water amenities that this Project will offer. Nor are there any public use ice rinks. In this regard, the Project promotes the Bakersfield City Council's goal to "promote community pride" as stated in the City's operating budget for fiscal year 2001-02. The ice center will be used bythe local minor league professional hockey team as a practice facility when the Centennial Garden arena has other scheduled events. This maximizes the ability of the City to bring first class entertainment events to the City which benefits all City residents. 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. The facts stated in section I above support the public good. The general area of the currently proposed Project site is being developed as an entertainment/recreational district, which is anchored by the city's Convention Center and Centennial Garden arena. Locating similar types of facilities within close proximity to each other allows people using multiple facilities during the same trip to use alternate forms of transportation, such as walking from one venue to the next. This has a positive effect on the environment as it reduces vehicular-miles-driven which results in reduced air pollution compared to the option of separating the facilities by several miles. Being in the downtown area, the currently proposed site is very near the geographical center of the metropolitan Bakersfield area. Residents in all sectors of the metropolitan area then have relatively the same ability to access the facilities. EXHIBIT "D" -- Page 2 of 4 Pages -- ORIGI~ The downtown area has a very large number of employers. The proposed Project location maximizes the number of people who would already be in the downtown area and who could utilize the facility during weekdays as opposed to solely on weekends and holidays. The current proposed Project site is located within walking distance of the Bakersfield Amtrak station allowing out-of-town users of the Project to travel by train to Bakersfield and then walkto the Project site. This also has a positive effect on the environment as it reduces vehicular-miles-driven which helps to reduce air pollution. The Project would also include the development of parking facilities to accommodate those attending events at the aquatics center/indoor ice center and the City's Convention Center/Centennial Garden arena complex. Utilizing a"shared" parking concept results in a reduced need for more parking spaces. Furthermore, studies have shown that vast amounts of paved areas have a negative effect on the local environment. Shared use of parking lots reduces these negative effects. By Resolution dated March 15, 2001, the Bakersfield Planning Commission made a finding of consistency with the General Plan pursuant to Government Code section 65402 relative to acquisition of this property. The contents thereof are incorporated as though fully set forth herein. On or about April 30, 2002, a"Statement of Project Purpose and Goals" for the aquatics center and indoor ice center was approved by the Public Works Director. The contents thereof are incorporated as though fully set forth herein. III. 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 the current proposed site of the Project and is immediately adjacent to (south of) City owned parking facilities and the City's Centennial Garden arena/Convention Center complex. The property to be condemned is also located within walking distance of the downtown hotel and Amtrak train facilities. The proximity of the property to the Complex and adjacent commercial and public development including the Amtrak station makes it ideal for EXHIBIT "D" -- Page 3 of 4 Pages -- IV. enhancement of public recreation and entertainment facilities as proposed by this Project. The plans and specifications for such construction support this finding and are set forth herein by this reference and made a party hereof. Ever increasing demand for public recreation and entertainment facilities will be alleviated by the acquisition of this particular parcel of property so as to allow for construction of the proposed public Project. 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 7267.2 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 Dave G. Cross, President of American Home Industries Corp., owner of the subject property. The offer was dated May 6, 2002 and was based upon the appraisal of the property. The property owner has rejected the offer given by the City. EXHIBIT "D" -- Page 4 of 4 Pages --