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REQUEST FOR <br />COUNCIL ACTION <br />CITY COUNCIL MEETING DATE: <br />DECEMBER 6, 2010 <br />TITLE: <br />PUBLIC HEARING-RESOLUTION <br />AUTHORIZING CONDEMNATION OF <br />REAL PROPERTY AT 2235 SOUTH <br />BRISTOL STREET <br />CITY MANAGER <br />RECOMMENDED ACTION <br />CLERK OF COUNCIL USE ONLY: <br />APPROVED <br />? As Recommended <br />? As Amended <br />? Ordinance on V' Reading <br />? Ordinance on 2n° Reading <br />? Implementing Resolution <br />? Set Public Hearing For_ <br />CONTINUED TO <br />FILE NUMBER <br />Adopt a resolution authorizing the condemnation of the entire real property located at 2235 South <br />Bristol Street and declaring the public necessity and interest therefore. <br />DISCUSSION <br />On March 6, 2006, the City Council approved the cooperative agreement between the City and <br />the Orange County Transportation Authority to fund Bristol Street improvements from Warner <br />Avenue to Seventeenth Street. The first phase of the project, between Pine and McFadden, is <br />under construction and is expected to be completed by December 2010. As part of the street <br />widening, the City is improving the intersections of Bristol Street and Warner Avenue. Measure M <br />funding has been approved for the intersection widening for the amount of $3.182 million. <br />Improvements include a third westbound lane on Warner, right-turn lanes, and dual left-turn lanes <br />on Bristol (Exhibit 1). These improvements will result in improved traffic flow and level of service. <br />In order to accommodate these improvements, property acquisition of the entire parcel at 2235 <br />South Bristol is required. A good faith offer was made and negotiations started in December <br />2009, but a final settlement has not been reached. <br />Negotiations will continue with the property owner. However, to meet the project schedule and <br />the funding deadline of March 2011, it is necessary to commence eminent domain proceedings. <br />Staff is requesting adoption of a resolution of necessity and initiation of condemnation <br />proceedings. <br />ENVIRONMENTAL IMPACT <br />In accordance with the California Environmental Quality Act, the proposed project has been <br />determined to be adequately evaluated in the previously prepared Environmental Impact <br />Report/Environmental Impact Assessment EIR No. 89-01 approved by City Council in 1990. <br />75E-1