HomeMy WebLinkAbout2002-025 Not AdoptedRESOLUTION NO. 2002-025
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
SANTA ANA FINDING AND DETERMINING THAT
PUBLIC INTEREST, CONVENIENCE AND NECES,S;;~
REQUIRE THE ACQUISITION OF CERTAIN RI~
PROPERTY LOCATED WITHIN THE CITY OF SANTA .~
(BRISTOL PLAZA SHOPPING CENTER LOCATED AT 3;
3365 SOUTH BRISTOL STREET
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
FOLLOWS:
Section 1. The City Council of the City of Santa Ana on April 1, 2002, after
written notice duly provided to all those claiming ownership, including the owners of the
property described hereafter, as they appeared on the last equalized County
assessment roll, held a hearing pursuant to Code of Civil Procedure section 1245.235
for the purpose of allowing the owners thereof a reasonable opportunity to be heard on
the following matters:
A. Whether the public interest or necessity 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; and
C. Whether the property proposed to be acquired is necessary for the project.
Section 2. The City Council has reviewed and considered the information
contained in the initial study and the negative declaration prepared with respect to this
Project. The City Council has, as a result of its consideration and the evidence presented
at the hearings on this matter, determined that, as required pursuant to the California
Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a previously
prepared Negative Declaration (ER 98-162) adequately addresses the expected
environmental impacts of this Project. On the basis of this review, the City Council finds
that there is no evidence from which it can be fairly argued that the Project will have a
significant adverse effect on the environment. The City Council hereby approves use of
this previously adopted negative declaration and directs that the Notice of Determination
be prepared and filed with the County Clerk of the County of Orange in the manner
required by law.
Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1), the City
Council has determined that, after considering the record as a whole, there is no evidence
that the proposed project will have the potential for any adverse effect on wildlife resources
or the ecological habitat upon which wildlife resources depend. The proposed project
exists in an urban environment characterized by paved concrete, roadways, surrounding
buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and
Title XlV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not
required in conjunction with this project.
Section 3. The City of Santa Ana ("the City"), as a result of said hearing, has
determined that the public interest, necessity, health, safety and welfare require the
acquisition by the City of Santa Ana of the specified interests in a portion of that certain
real property located at 3329-3365 South Bristol Street in the City of Santa Ana,
California consisting of approximately 422 square feet of property to be acquired in fee
title (for right of way purposes), together with approximately 866 square foot temporary
construction easement (collectively referred to as "the Property"). The Property is
situated in the City of Santa Ana, County of Orange, State of California, and more
particularly described in Exhibit A, which is attached hereto and incorporated herein by
reference and made a part hereof as though fully set forth herein, for the public
purposes hereafter set forth.
Section 4. The City hereby finds, determines and declares that the public
interest, convenience and necessity require the acquisition by said City of the Property
for the purposes of the Bristol Street and MacArthur Boulevard Intersection Project ("the
Project") and related improvements. The location of the Project is MacArthur Boulevard
between Bristol Street for the widening of the street in a manner which will be most
compatible to the greatest public good and the least private injury.
Section 5. The taking of the interest in said Property as above described is
necessary for the public right of way and is authorized by Section 19 of Article I of the
California Constitution, Section 200 of the Santa ^ha Charter, Santa ^na Municipal
Code §41-78; California Code of Civil Procedure section 1240.010, 1240.110,
California Government Code sections 37350.5 and 40404, Streets and Highways Code
sections 5100, 5101, 5101.5, and 5102, California Government Code section 23530.5,
California Streets & Highways Code section 943, and other applicable law.
Section 6. The offers required by Government Code section 7267.2 were
made to the appropriate party or parties on or about February 14, 2002.
Section 7. Excepting the portion of the Property for which the City will acquire
only a temporary construction easement, the City hereby declares that it is the intention
of the City of Santa Ana to acquire in its name, in accordance with the provisions of the
laws of the State of California with reference to condemnation procedures, all interests
in and to said Property.
Section 8. That if any of the Property has been appropriated for some public
use, the public use to which it is to be applied and taken under this proceeding is a
more necessary and paramount public use.
Section 9. Said Property is located within the City of Santa Ana, County of
Orange, State of California, and is more particularly described in Section 3 hereof.
Section 10. The City of Santa Ana is authorized to acquire by eminent domain
as provided in the California Code of Civil Procedure.
Section 11. The City Attorney is hereby authorized and directed to prepare,
institute and prosecute in the name of the City such proceedings, in the proper court
having jurisdiction thereof, as may be necessary for the acquisition of the interests in
said Property. The City Attorney is also authorized and directed to obtain a necessary
order of immediate possession and occupancy of said Property, at the discretion of the
City Attorney.
Section 12. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this day of ,2002.
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
Miguel A. Pulido
Mayor
By:.
Jose Sandoval
Senior Assistant City Attorney
AYES:
NOES:
ABSTAIN:
NOT PRESENT:
Councilmembers
Councilmembers
Councilmembers
Councilmembers
CERTIFICATE OF A'I-rESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2002-025 to be the original resolution adopted by the City
Council of the City of Santa Ana on
Date:
Clerk of the Council
City of Santa Ana