Subject:     PUBLIC USE AND NECESSITY HEARING - PERROTTA

                                                                                            

COUNCIL DISTRICT:  7

SNI AREA:  N/A                                            

 

 

RECOMMENDATION

 

Adoption of a resolution determining that public use and necessity require the acquisition of a portion of a certain property owned by Frank and Virginia Perrotta, Trustees, as to a 54/100 interest and Charles F. Perrotta as to a 46/100 interest, located at 33 Lewis Road, and directing the filing of an eminent domain action.  CEQA:  Exempt.

 

BACKGROUND

 

The Public Works Department is implementing a capital improvement project to widen and improve approximately 800 feet of the north side of Lewis Road just east of Monterey Road.  This will consist of the widening of the street pavement and installing new curb, gutter and sidewalk, improved drainage system and new street lighting.  The project entails acquisition of right of way from one property owner abutting the north side of Lewis Road.  The new sidewalk will connect with the existing sidewalks at both ends of the project.  The opposite side of Lewis Road directly across from this project was previously upgraded with similar improvements as part of the private development of the abutting properties.

 

ANALYSIS

 

The portion of the parcel to be acquired contains 18,543 square feet consisting of a rectangular shaped lot abutting the northerly side of Lewis Road just east of Monterey Road as shown on attachment A.  The property is needed for new construction of street pavement, curb, gutter, sidewalk, driveways, street lighting, relocation of a fire hydrant and drainage improvements.

 

Negotiations for the acquisition of the required property were initiated on October 3, 2001.  On October 19, 2001, the owner communicated his rejection of the City’s offer and his intention to present a counter offer with supporting documentation within a week.   Staff received no further communications from the owner and left several telephone messages on October 25 and October 30, requesting that the owner present his counter offer and supporting documentation.  The messages also advised that the matter would be referred to Council for issuance of a public use and necessity resolution, that this process would take several weeks during which Real Estate staff will continue to be willing to consider any counter offer and supporting documentation he chose to submit.  To date, the owner has provided no further response.

 

The real property rights have been appraised by an independent fee appraiser and Real Estate staff reviewed the appraisal.  The City’s offer of $1,000 was for the full amount of the approved appraisal and represents a nominal value because the entire portion being acquired would be required to be dedicated at such a time as the parcel is developed.  A map of the subject parcel is shown as Exhibit B.

 
PUBLIC OUTREACH

 

Not applicable.

 
COORDINATION

 

Preparation of the Resolution has been coordinated with the Office of the City Attorney.

 

COST IMPLICATIONS

 

Court deposit of $1,000 and any additional funds that the court may determine.

 
BUDGET REFERENCE 

 

Fund:                                  001

R.C.:                                  111603

Appn:                                 6768

Amount:                             $405,000

Budget Document:  Appropriation Ordinance 2001-2002, Section 2.26, Item 7(z03)

 
CEQA

 

Exempt.

 

 

RAJEEV BATRA

Acting Director, Public Works Department

 

Attachments

 

EXHIBIT “A”

 

 

ANALYSIS:

 

OWNER:  Frank Perrotta and Virginia Perrotta, Trustees for the Frank & Virginia Perrotta 1988 Family Trust, An Undivided 54/100 Interest and Charles Frank Perrotta, A Single Man, As His Sole And Separate Property, As To An Undivided 46/100 Interest.

 

RELOCATION:  NO              ASSESSOR’S PARCEL NO.: Portion of 497-32-001

 

ACQUISITION:

 

PORTION OF PARCEL BEING ACQUIRED IN FEE:

 

WIDTH: 30’ approx.                LENGTH: 618’ approx.           SIZE: 18,534 square feet

 

PORTION OF PARCEL FOR WHICH PERMANENT EASEMENT IS ACQUIRED: N/A

 

WIDTH:                       LENGTH:                    SIZE:

 

PORTION OF PARCEL FOR WHICH TEMPORARY CONSTRUCTION EASEMENT IS ACQUIRED: N/A

 

WIDTH:                                   LENGTH:                                SIZE: 

 

ZONING:  M-1 light industrial  PRESENT USE: Lewis Rd. right of way & shoulder*

 

APPRAISED BY:  Jonathon R. Strong, MAI.

 

APPRAISAL DATE:  August 13, 2001 

 

APPRAISAL AMOUNT:  $1,000

 

REAL PROPERTY AGENT:  David Freitas                 FILE NO.:  15018

 

CALCULATIONS AND REMARKS:

 

1.                  Land:    18,534 square feet                                                                                $1,000

                       

2.                  Improvements:  None                                                                              -0-    

 

3.                  Damages to Owners’ remaining property:                                                            -0-    

 

 

TOTAL PAYMENT OF MARKET VALUE TO

 PROPERTY OWNER (S)    ROUNDED TO:                                                        $1,000

 

*Note: Area to be acquired is currently part of the Lewis Road right of way and shoulder. The remainder of the parcel is currently used as a modular home sales business, an outdoor storage area for a towing firm and a recreational vehicle storage business.