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361' Consider Resolution of Necessity; Access Street to Valley Plaza Villages II Mr. MacDonald presented his report (SR 83:542) dated November 30, 1983, regard'ing this matter. Mr. MacDonald advised that Mr. Nave is the City's Counsel on this item and will be speaking on behalf of the City relative to this matter. Mr~ Nave, attorney, stated that the issue before Council tonight is to determine whether or not the Valley Avenue Access Street is in the best interests of the public health, safety, and welfare. He stated that a reasonable offer has been made to the owners of the property, Mr. and Mrs. Ken Patel, and at this point it has been rejected. He advised that staff feels this is a better location for the access street because of the necessity for emergency vehicle access. Mr. Chris Kenzel, representing TJKM, traffic consultants, stated that documenta- tio~ for public use and acceptance of the access road to Valley Plaza Village II at Santa Rita Road north of Valley Avenue, is as follows: (1) the road will eliminate the need to travel on Tanager Drive; (2) the road will eliminate the need to make a left turn egress movement from the development to the eastbound lanes of Valley Avenue; (3) the proposed access road reduces congestion at the intersection of Valley Avenue and Santa Rita Road; and (4) to improve emergency access to the site. Mayor Butler declared the public hearing open on this item. Mr. Fred Caploe, Attorney, P. O. Box 698, Benicia, representing Mr. and Mrs. Ken Patel, protested the adoption of the Resolution of Necessity, eminent domain proceed- ings and any other action by the City of Pleasanton, anyone acting on its behalf, or any other person to acquire any part of the Patel property for any purpose. He stated the Patels and the family are protesting the proposed resolution of necessity basic- ally for two reasons. First, the failure of the City to comply with mandatory pro- visions of CEQA, the California Environmental Quality Act, as required by both CEQA and the eminent domain statutes under which the City is propotting to proceed. Mr. MacDonald advised that the Negative Declaration was not challenged. Mr. Caploe stated that the second reason is that there is no factual or legal basis to take the Patel property because none of the eminent domain statutes referred to in the proposed resolution is applicable to the proposed project. Mr. Nave responded that the City intends to hold fee simple title to the right-of-way, it will be a public street available to the public and as far as providing any access to Mr. and Mrs. Patel from the rear of their motel onto the right-of-way there have been no formal- ized plans to do so, however, that is something that typically is worked out in the framework of eminent domain. Mr. Capl~e stated that apart from these two objections to the proposed resolution it has just come to his attention that a tentative map has been approved by the City for Tract 5164 to subdivide the V~lley Plaza Village II project into ten townhouses and two other lots. He advised that the Patel's have never received notice of this action, either before or after it was taken, and that such notice is constitutionally required since it affect protected property rights of the Pate!s. Mr. Harris stated he would have to search to records relative to notification to the Patels. Mr. MacDonald stated this is not an issue that would be of concern to the Council tonight. Mr. Patel requested that Council reject the pro- posed resolution, stating it will merely lead to lengthy litigation. He urged Council to take advantage of other existing reasonable alternative and allow the Patels to retain their prooerty. Mr. Steve Hughes, 587 Touriga Court, stated there is a project approved for that property, and asked if this is the same people that have the project behind Safeway. Mayor Butler stated that is correct. Mr. Hughes asked if Council approved this pro- ject without a street. Mayor Butler advised this is a separate project. Mr. Hughes asked if something has been approved for that right now. Mayor Butler stated it has been approved subject to the street availability. 19. 12/6/83