1989 APR 4 REG MIN - Laserfiche WebLink

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72 either Phase I or Phase II expansions. Immediately adjacent to this site are 19.8 acres of vacant land owned by a private party and two parcels of this vacant property, consisting of nine acres, are surround- ed on two sides by the existing Wastewater facility, on one side by Rancho Avenue, and on the fourth side by the planned extension of Fogg Street. Ms. Keane continued Staff is proposing the City purchase the nine acres for both Phase I and II expansions. Sufficient property is not avail- able at this existing Wastewater Treatment facility to accommodate the initial 1.0 mgd expansion. The location of this expansion and the Phase II expansion as close as possible to the existing Plant is crucia_._ since the expanded components will utilize equipment and facilities at the existing site as a part of the treatment process. Ms. Keane advised that Staff has been in dicussion with the property owners of the proposed site since late 1988 and two appraisals have been conducted with respect to this property. Based on the higher of the two appraisals, the City has offered the owners fair market value for the purchase of the property. Since the time frame for Phase I expansion calls for site construction in April, the property owners were notified on March 15, 1989, of the City's intent to consider adoption of a Reso- lution of Necessity authorizing the commencement of Eminent Domain pro- ceedings; however, the property owners have not responded to this offer, and have expressed a desire to address the Council on this matter. Ms. Keane stated the purpose of the Public Hearing this evening is to allow the property owners to speak for or against the City's use of eminent domain proceedings to acquire the two parcels of land adjacent to the City's existing Wastewater Treatment facility. If, at the end of the Hearing, Council desires to continue with Eminent Domain proceed- ings, and if the owners decline the City's offer of purchase, the courts will determine the fair market value of the individual parcels. Since the immediate construction of the Phase I expansion is required to pro- vide service capacity to development already in final planning stages, the City will seek immediate possession of the property while we await the court's decision on fair compensation. Ms. Keane concluded at the close of the property owner hearing, Staff would recommend adoption of Resolution No. R-42-89, a Resolution of Necessity. Mr. David B. Cosgrove, of Rutan & Tucker, Legal Counsel, advised the City Council that the Resolution of Necessity must be considered by the governing body, the City Council, before this matter can go for- ward. Mr. Cosgrove stated there are three items in particular to be considered by the City Council; whether the public interest or necess- ity requires the project; whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; whether the property proposed to be acquired is necessary for the project. Mayor Gonzales stated the property owners would now have an opportunity to speak, if they so desired. Miss Amelia Coelho, 880 South Rancho Avenue, Colton, stated she was speaking on behalf of her parents, John and Lily Coelho, and advised that her parents do not want to sell their property, the nine acres in question, as the land meant a great deal to them. Miss Coelho said her family gave up a piece of property previously where the existing sewer plant site is located, and they feel an alternate site would be better for the expansion, such as the parcel of land west of the Cement Plant, adjacent to the existing sewer plant. Miss Coelho stated her family was not given a fair price for the sale of their property, and she felt her parents have been treated badly. Councilwoman Cisneros asked Miss Coelho if her parents were not willing to sell their land at all, no matter what the price. APR 4 1989