SR-5A
'A
JAN 2 ~ 1995
f:\atty\muni\strpts\mox\clover.3
city Council Meeting 1-10-95
Santa Monica, California
TO: Mayor and city council
FROM: city Attorney
SUBJECT: Adoption of Resolutlon of Necessity to Acquire
Property Interests By Eminent Domain for the
Cloverfield Boulevard Widening Project - Phase I
BACKGROUND
As part of the environmental analysls for both the Water Garden and
Colorado Place developments, the widening of Cloverfield Boulevard
was ldentified as a means to improve traffic circulation in the
Speclal Office District.
The City proceeded with the widenlng
proJect and prepared an Env~ronmental Impact Report. As part of
the environmental review, varlOUS alternatives were analyzed but
the widening was identified as the best mitigation measure
available.
After evaluation of comments and public hearlng, on
August 13, 1992, the Final Environmental Impact Report ("FEIR") for
the Cloverfield Boulevard Widening ProJect was certified by the
city Council.
As noted in the FEIR, in order to widen Cloverf ield, it is
necessary to acquire private property.
As preliminary steps ln
connection with such an acqulsltlon, staff evaluated the extent and
nature of the property that the City would need to widen the street
and prepared engineering drawlngs
depicting
the proposed
acquisition.
In accordance wlth the Eminent Domain Law and the
1
?A
JAN 2 It 1995
California Relocation Assistance Act, the city retained a duly
certified appraiser who rendered opinions of the fair market value
of the various parcels needed for the widening. The city then made
offers to the property owners for the full amount of the
appraisals. None of the owners accepted the offers.
since the city has not yet been able to acquire the parcels as part
of a voluntary acquisition, the only alternat1ve 1S to utilize the
power of eminent domain. A city may acquire private property for
public purposes if the following criteria are established:
(1) The public interest and necessity require the proposed
project;
(2) The proposed project lS planned or located in the manner
that will be most compatible wlth the greatest publlC
good and the least private injury;
(3) The property that the city intends to acquire is
necessary for the proposed proJect;
(4) An offer for the full amount of the city's appraisal has
been made to the owners of record.
FINDINGS
The findings required for the city to acquire property by eminent
domain must be made at a hearing before the City Council by
adoption of a Resolution of Necessity. Such hearing follows
wrltten notice to the property owners of record of the parcels to
2
be acquired. After consideration of the comments of property
owners, which are to be directed to the necessity of the eminent
domain action, not the value of the property at issue, the Clty
council may adopt the resolution by a two-thirds vote of its
members. Information relating to the requisite findings is set
forth below.
Finding No.1: "The public interest and necessity require the
proposed project." (Californla Code of civil Procedure Section
1240.030 (a) )
As previously evaluated and determined by the City In
connection with the Environmental Impact Report, the widenlng
of Cloverfield Boulevard is necessary to assure the
stimulation of economic development of commercial businesses
in the vicinity. It is ln the public interest to reduce
existing traffic related problems which inhibit such economic
growth. The widening will also improve the traffic flow for
residents and visitors in the general vicinity.
F1nding No.2: "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. II (Callfornia code of civil Procedure
Section 1240.030(b))
staff evaluated various methods of reducing traffic congestion
3
in the Cloverfield Boulevard corridor.
The Environmental
Impact Report concluded that the widening of Cloverfield
Boulevard is the best alternative. The project will serve the
public interest described above. There is no feasible method
for the widening of Cloverfield except by acquisition of small
portions of adjacent properties. The acquisition of these
portions of properties for this purpose will result in the
least private injury. The city is proposing to take only that
property absolutely necessary for the project. The owners
will be able to continue to utilize their remaining parcels.
Finding No.3: "The property sought to be acquired is necessary
for the proposed project. If (California Code of civil Procedure
Section 1240.030(c))
The map I attached as Exhibit A indicates the portions of
private property needed to widen Cloverfield Boulevard.
Specifically, the property locations and owners are attached
as Exhibit B.
Finding No.4: "An offer for the full amount of the Cl ty' S
appraisal has been made to the owners of record."
The city has made offers to the property owners for the full
amount of the appraised value. None of the owners accepted
the offers.
4
As required by law, the city sent notices to the owners of the
subject properties more than 15 days prior to this public hearing
on the adoption of the Resolution of Necessity. Notices were also
sent to the commercial tenants of such properties.
BUDGET{FINANCIAL IMPACT
Acquis1tion of these properties will be financed from funds
budgeted at 01-770-415-25191-8905-99145.
RECOMMENDATION
It is respectfully recommended that the City Councll adopt the
attached Resolution of Necessity to acquire property interests by
eminent domain, if necessary, for the Cloverfield Boulevard
widening Project.
Prepared By:
Marsha Jones Moutr~e, Clty Attorney
Linda A. Moxon, Deputy city Attorney
ATTACHMENTS:
Map (Exhibit "A")
List of Property Owners (Exhibit "B")
Resolution
5
EPWM:CP'AA:pam.CC1200 [S:\SP1200]
Council Meetlng January 24, 1995
Santa Monica, Callfornia
TO:
Mayor and Clty Council
FROM:
City Staff
SUBJECT
Supplemental Report to Agenda Item 5-A (January 10, 1995)
Adoption of a Resolutlon of Necesslty to Acquire
Property Interests by Eminent Domain of the Cloverfield
Boulevard Widening Project - Phase I
Introduction
ThlS report provides addltlonal informatlon to Agenda Item 5-A
(January 10, 1995) - Adoption of a Resolution of Necessity to
Acqulre Property Interests by Eminent Domaln of the Cloverfield
Boulevard Wldening Project - Phase I.
Backqround
The Cloverfield Boulevard Widening Project involves widening the
roadway from the Santa Monlca Freeway to north of Colorado Avenue
to provlde three travel lanes in each direction (six total) wlth
left turn channelizatlon The project scope also includes widenlng
the westbound off-ramp of the Santa Monica Freeway at Cloverfield
to allevlate an existing bottleneck at that location.
Cloverfield Boulevard north of the Santa Monica Freeway is one of
the City's most lmportant arterial roadways as it serves not only
the Speclal Office Distrlct, but also the hospital area and
slgnlflcant employment and residentlal areas on the east side of
the Clty
I
On August 11, 1992, the City Council certlfled the Final
Environmental Impact Report for the wldenlng of Cloverfield
Boulevard. ThlS proJect is divlded lnto two phases. The first
phase consists of widenlng Cloverfield Boulevard from Route 10 to
Michigan Avenue, freeway off-ramp widening work, High Occupancy
Veh1cle (HOV) lanes and associated r1ght-of-way engineerlng and
property acquisition. The second phase of thlS project will
conslst of wldening Cloverfleld Boulevard from Mlchlgan Avenue to
north of Colorado Avenue. The project lncludes intersection work
along Cloverfield Boulevard at Mlehigan Avenue, 26th Street,
OlymplC Boulevard, Colorado Avenue and the narrowing of 26th
Street.
D1Scusslon:
At the January 10, 1995 Council meetlng, staff presented a report
recommending that Council adopt a Resolution of Necessity to
acquire property lnterests by effilnent domaln for the purpose of
prov1ding the needed publlC right-of-way to construct Phase I of
the wldenlng project Questlons were ralsed as to the necessity of
acqulrlng the four parcels in questlon in order to wlden the
street The purpose of this report lS to clar~fy the lssues ralsed
at that meetlng relating to the need to acquire the four Phase I
parcels to wlden Cloverfleld.
Please refer to Exhibits "A", "B" and "e" for a graphic
representation of the four parcels and the necessity to acquire
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those parcels in order to construct the new improvements. A brief
parcel by parcel discussion follows:
Parcel No. 1
Owner: Shell Oil Co.
Address: 1802 Cloverfield Boulevard
Assessor's Parcel No.: 4275-33-31
Use: Service Station
The City requires two feet of property along the frontage at this
locatlon to ensure an eight foot sldewalk for ADA public access
purposes. All existing drlveways and on-site vehicular circulation
would remain unchanged.
Parcel No. 2
OWner: Rosemary Kessler
Address: 1818 Cloverfield Boulevard
Assessor's Parcel Nos.: 4275-33-29 & 30
Use: Auto Repair, Sales and Storage
The City requires SlX feet of width along the frontage and a flared
area near the southerly property line to provide an eight foot wlde
sidewalk along Cloverfield (as ADA access) and a four foot parkway
for landscaping (in conformance with Section 9.04 of the Munlcipal
Code). The landscaplng wlll greatly lmprove the aesthetics of the
project and help to mltigate the negative vlsual impact of the
private property use at that location and may enhance safety.
3
Both existing drlveways onto the buslness site wlII be maintalned.
The City will asslst the owner and tenant at thls location with
preparation and implementation of an on-site strlplng plan that
wlll efflciently utillze the remaining parcel area.
Parcel No. 3
Owner: Atlantic Richfield Company
Address: 1819 Cloverfield Boulevard
Assessor's Parcel No.: 4268-15-17
Use: Service Station
The Clty requires eight feet of additlonal street rlght-of-way to
allow for a thlrd northbound through lane between the Route-10 off-
ramp and Michigan Avenue.
This wlll comply wlth the EIR traffic
mitigation requlrement of six lanes of through trafflc {three ln
each direction}, Slnce three through lanes already eXlst in the
southbound dlrection. All drlveways onto the Arco Station site and
existlng vehlcular circulatlon on the prlvate parcel will remain
unchanged.
No gasoline dlspenser or canopy relocatlon will be
necessary.
All affected landscape planters and signage wlII be
relocated to a suitable location at no cost to the property owner.
Parcel No. 4
OWner: Samuel Kardashian
dba Southern California Disposal Company
Address: 2329 Delaware Avenue
Assessor's Parcel No.: 4268-15-14
Use: Solid Waste Transfer Station
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Acquisition of this small parcel (157 square feet) ln the southwest
corner of the property is necess~tated by the fact that Delaware
Avenue will need to be realigned northerly to malntain safe lane
wldths on that street in conJunction with wldening the off-ramp to
remove a constriction.
This property acquisltlon will ensure a
minimum lane width of 10 feet in both directlons along Delaware
Avenue in the area where the off-ramp lS proposed to be widened.
The Clty wlll work with the owner to develop an on-site parking and
circulation plan to accommodate the acquisltlon of this area of
private property.
Conclusion
Based on the original flndings of the January 10, 1995 staff report
and additional information provlded in this supplemental report,
staff respectfully recommends that the Clty Council adopt the
Resolution of Necessity to acqulre property ~nterests by emlnent
domain, if necessary, for the Cloverfield Boulevard Widening
ProJect.
Exhibits: Maps ("A", "B" rand "C")
Prepared by:
Craig Perkins, Director of Envlronmental and Public
Works Management Department
Marsha Jones Moutrie, City Attorney
Suzanne Frick, Dlrector of Planning & Community
Development
Anthony Antich, City Engineer
Ron Fuchiwaki, C~ty Parking & Trafflc Engineer
Dave Britton, P E., Supervlsing CiVll Engineer
Linda A. Moxon, Deputy City Attorney
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CA:MJM:f:\atty\mun1\laws\mox\clover.2
City Council Meeting 1-10-95
Santa Monica, Callfornia
RESOLUTION NO.
8852
(CCS)
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA FINDING AND DETERMINING
THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING
AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY
WHEREAS, the city of Santa Monlca exerC1ses control over the
use and development of streets and publlC transportatlon routes
withln its boundaries; and
WHEREAS, in order to mitigate traffic impacts arls1ng In
connect1on with commercial development ln the city, it is deSlrable
that the city acquire certa1n real property adJacent to portions of
Cloverf1eld Boulevard for street wlden1ng purposes; and
WHEREAS, proceedings by a City for condemnatlon actlon are
1nltlated when the clty leglslat1ve body adopts a resolut1on by a
two-th1rds vote of its members, determining that the public
lnterest or necessity demands the acqulsition, construction, or
complet1on of any municlpal 1mprovement; and
WHEREAS, In order to satisfy the growing needs of the
commun1ty, it 1S necessary for the city to take action to
accommodate increased traffic In the Cloverfield Boulevard
corr1dor;
l
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
HEREBY FINDS, RESOLVES AND DETERMINES BY A VOTE OF NOT LESS THAN
TWO-THIRDS'OF ITS MEMBERS AS FOLLOWS:
SECTION 1. The acquisition of the property is for the
following public use: Street wldenlng to accommodate increased
traff ic flow ("The Proj ect") . The acquisition is authorized by
Section 37350.5 of the Government Code and Article I, Sectlon 19 of
the Californla Con5titutlon.
SECTION 2. On the basls of the lnformatlon contalned In that
certain staff report to the city councll dated January 10, 1995,
which 15 incorporated hereln by thls reference, and all other
eVldence and testimony presented to the Councll, the Counc~l
declares, flnds, and determines that:
(a) The publlC interest and necesslty requlre the proposed
ProJect.
(b) The ProJect ~s planned or located in a manner that wlll
be most compatlble wlth the greatest publlC good and the
least private lnjury.
(c) The hereinafter descrlbed real property, or interest In
real property, is necessary for the ProJect.
2
(d) The offers requ~red by Sect~on 7267.2 of the Govern~ent
Code have been made to the owners of record.
SECTION 3. The real property to be acqulred lS generally
located and described as portlons of 1802, 1818, and 1819
Cloverfleld Boulevard, and 2329 Delaware Avenue, and lS deplcted on
the map attached as Exhlblt "A" and more partlcularly descrlbed in
Exhiblt "B" hereto.
SECTION 4. The City of Santa Monlca lS hereby authorlzed and
empowered to acquire by condemnation the fee tltle to the
here~nabove de5cr~bed real property, or such lesser estate as
descrlbed.
SECTION 5. The City Attorney 15 authorlzed to employ the law
firm of Hill, Farrer & Burrill as Special Counsel to the City ~n
thlS condemnation proceeding, and 1S authorized to prepare and
prosecute 1n the name of the CitYI such proceed~ng or proceedlngs
ln the proper court havlng JuriSdiction thereof, as are necessary
for such acqulsition; and to prepare and flle all pleadlngs,
documents, briefs, and other lnstruments and to make such arguments
and to take such action as may be necessary in thelr opinion to
acqulre the real property. The City Speclal Counsel is
speclfically author~zed to take whatever steps and/or procedures
are avallable to lt under the Eminent Domain Law of the state of
Cal1forn~a (Code of Clvil Procedure, Title 7, Chapters 1-12,
3
Sectlons 1230.010-1273.050).
SECTION 6. The City Clerk shall certlfy to the adoptlon of
this Resolutlon and, thenceforth and thereafter the same shall be
In full force and effect.
APPROVED AS TO FORM:
4
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ASSESSOR PARSEL NO 4275-:33-3'
USE SERVICE S"'ATlON
"618 CLOVERf'ELD BOULEVARD ROSEMARY KESSLER
SANTA MON:GA, CA
ASSESSO~ PARSEL NOS 4275-33-29 &: 30
USE A..iTO REPAIR &: STORAGE
1819 CLOVERFIELn BOL:LEVARD A""LA"TlC RICHFIELD
SANTA MONICA, CA
ASSESSOR PARSEL"'O 4268-15-17
USE SERVCE STATION
2329 DELAWARE AVENUE
SANTA MONICA, CA
ASSESSOR PARSEL NO 4268-15-14
USE SOLID WASTE "RANSFER
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LEGEND'
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PARCEL AREAS TO BE AGOUIRED
Exhibit "A"
CITY OF SANTA MONICA
ENVIRONMENTAL
AND PUBLIC WORKS MANAGEMENT DEPARTMENT
ENGINEERING DIVISION
CLOVERFIELD WIDENING
PROJECT - PHASE 1
PARCEL ACQUISITION
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EXH:BI'I "B"
PROPERTY LOCATIO~;S J:._N8 m>JNERS
Locat~on
1. 1802 Cloverfield Boulevard
Santa Monlca, CA
Assessor Parcel No. 4275-33-31
Use: Serv~ce Stat~on
2. 1818 Cloverf~eld Boulevard
Santa Monica, CA
Assessor Parcel Nos. 4275-33-29
and 30
Use: Auto Repa~r & Storage
3. 1819 Cloverfield Boulevard
Santa Monica, CA
Assessor Parcel No. 4268-15-17
Use: SerVlce statlon
4. 2329 Delaware Avenue
Santa Monica, CA
Assessor Parcel No. 4268-15-14
Use: SOlld Waste Transfer
Statlon
Owner
Square
Footage
Shell 011 company 316
Rosemary Kessler 200.5
Atlant~c Rlchfleld ~,226
company
Samuel Kardashlan 157
dba Southern
Callforn~a Dlsposal
Company
Adopted and approved thIS 24th of January. 1995
fJLa=
Mayor
I hereby certIfy that the foregomg ResolutIOn 8852 (CCS) was duly adopted at a
meetIng of the CIty Council held on the 24th of January. 1995 by the followmg vote
Ayes
CouncIlmembers
Abdo. Genser. O'Connor, Ebner. Greenberg. Holbrook
Noes
Councllmembers
Rosenstem
Abstam
CouncIlmembers
None
Absent
Councllmembers
None
ATTEST
/i
xfcd~k/
7' - 0
CIty Clerk /