To:   HONORABLE MAYOR AND                       From:  Katy Allen

                        CITY COUNCIL

 

   Subject:   PUBLIC USE AND NECESSITY                 Date: 07-23-03

                        HEARING - MATTOS

 

Council District:                                                 4

 

RECOMMENDATION

 

Adoption of a resolution:

 

(1)   determining that public use and necessity require the acquisition of: (a) fee title to a portion of property located at 1495 Stone Creek Drive, owned by Stephanie J. Mattos, Trustee, and John R. Mattos II and Inez M. Mattos, Trustees; (b)  a twelve-month temporary construction easement on a portion of adjoining property;  and (c) a one-month temporary construction easement to a different portion of adjoining property.

 

(2)   finding that:  the property is to be taken, and is necessary, for the completion of Hostetter Road as an arterial street; the proposed project is planned and located in the manner which will be most compatible with the greatest public good and the least private injury; City staff established an amount of compensation not less than its approved appraisal of the fair market value and made an offer to the owners full appraised amount; and the proposed taking and use are authorized by law;

 

(3)   directing the City Attorney to file an eminent domain action to acquire these property interests.

 

CEQA:  Negative Declaration, PP87-05-128.

 

 

BACKGROUND

 

Hostetter Road is designated in the City’s General Plan as an arterial street. This project encompasses construction of a two-lane asphalt roadway which will be the Hostetter Road segment located between Stone Creek Drive and Sierra Creek Way.  A sidewalk, curb and gutter will be constructed along the south side together with a driveway cut and one electrolier.  A berm type of curb will be constructed along the north side together with drainage facilities. Completion of the Hostetter Road project will improve the quality of life for the surrounding neighborhood and provide for continuity in the City’s arterial street network and improve traffic safety and convenience for motorists, bicyclists and pedestrians.  More specifically, it will mitigate the traffic burden on Sierra Creek Way and Stone Creek Drive caused by this missing segment of Hostetter Road.

 

The plan originally envisioned the construction of a four-lane roadway with sidewalks, curbs and gutters on both sides.  In 2002, City staff presented the owners of the property at the time with an offer of $785,527 which represented the full appraised value of the property which the City, at that time, wanted to acquire.  The failure of negotiations led Council to adopt Resolution No. 71055 on June 18, 2002 determining that public use and necessity required the acquisition from the Mattos’ of property sufficient for a four-lane extension of Hostetter Road. 

 

Following the 2002 Council action, and prior to the filing of condemnation proceedings, unanticipated budgetary constraints required City staff to reduce the scope of the proposed roadway improvements thereby decreasing the amount of property needed from the Mattos family.  Moreover, staff determined that  the modifications to the project would require the City to acquire a twelve-month temporary construction easement together with a one-month temporary construction easement.

 

The revised land to be acquired for the project encompasses a total of 14,502.18 square feet.  A 12-month temporary construction easement is also needed over a total of 1,381 square feet of land together with a one-month temporary construction easement over an additional 8,539 square feet.  The current offer to the property owners of $611,733 reflects these revised requirements.  To date the City has not received a response from the owners to this offer. 

 

 

ANALYSIS

 

City staff commissioned another appraisal corresponding to the revised property acquisitions, including an additional 12-month temporary construction easement and an additional one-month temporary construction easement over other portions of the Mattos property.  The offer of $611,733 was made to the owners on July 14, 2003 and was based on the revised appraisal reflecting the reduction in the amount of land to be acquired and the number and scope of temporary construction easements.  Portions of the land to be acquired are improved with a vacant family residence previously occupied by the former owners of the property, landscaping and assorted fruit and shade trees.  No response or counteroffer of any kind has been forthcoming from the owners to the above July 14, 2003 offer.  A map showing the subject property is attached as Exhibit A.  Staff has determined that the proposed take of property will create the greatest possible public good with the least private injury because it will complete the Hostetter Road arterial and reduce traffic on surrounding residential streets.

 

 

PUBLIC OUTREACH

 

Not applicable.

 

 

COORDINATION

 

Preparation of this staff memo has been coordinated with City Attorney’s Office, the City Manager’s Budget Office and the Departments of Transportation and Planning, Building and Code Enforcement.

 

 

COST IMPLICATIONS

 

Deposit of $611,733 into the State Treasury Condemnation Fund and any additional funds that the court may determine.  Funding is available to complete the project given the scope as described in this memorandum.

 
 
BUDGET REFERENCE

 

Fund #

Appn #

Appn Name

RC #

Total Appn

Amt for Contract

Adopted Budget Page

Last Budget Action

429

4714

Hostetter: Sierra Creek – Stone Creek

075142

$1,500,000

 

2003-2004 Proposed Capital Budget, p. 681

As amended with MBA #54, p. 61

 

 

CEQA

 

Negative Declaration, PP87-05-128.

 

 

KATY ALLEN

Director, Public Works Department