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Home My WebLink About75E - PH - RESO 2235 S BRISTOL STREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 6, 2010 TITLE: PUBLIC HEARING-RESOLUTION AUTHORIZING CONDEMNATION OF REAL PROPERTY AT 2235 SOUTH BRISTOL STREET CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on V' Reading ? Ordinance on 2n° Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution authorizing the condemnation of the entire real property located at 2235 South Bristol Street and declaring the public necessity and interest therefore. DISCUSSION On March 6, 2006, the City Council approved the cooperative agreement between the City and the Orange County Transportation Authority to fund Bristol Street improvements from Warner Avenue to Seventeenth Street. The first phase of the project, between Pine and McFadden, is under construction and is expected to be completed by December 2010. As part of the street widening, the City is improving the intersections of Bristol Street and Warner Avenue. Measure M funding has been approved for the intersection widening for the amount of $3.182 million. Improvements include a third westbound lane on Warner, right-turn lanes, and dual left-turn lanes on Bristol (Exhibit 1). These improvements will result in improved traffic flow and level of service. In order to accommodate these improvements, property acquisition of the entire parcel at 2235 South Bristol is required. A good faith offer was made and negotiations started in December 2009, but a final settlement has not been reached. Negotiations will continue with the property owner. However, to meet the project schedule and the funding deadline of March 2011, it is necessary to commence eminent domain proceedings. Staff is requesting adoption of a resolution of necessity and initiation of condemnation proceedings. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in the previously prepared Environmental Impact Report/Environmental Impact Assessment EIR No. 89-01 approved by City Council in 1990. 75E-1 Public Hearing-Resolution Authorizing Condemnation of Real Property at 2235 South Bristol Street December 6, 2010 Page 2 FISCAL IMPACT Funds are appropriated in the Measure M Select Street Construction Fund (accounting unit 03217660-66220) and Select Street Construction Fund (accounting unit 05917661-66100). APPROVED AS TO FUNDS AND ACCOUNTS: Raul Godinez II Executive Direc r Public Works Agency RG/SA Exhibit: 1. Location Map Francisco Gutierrez Executive Director fiO Finance & Management Services Agency 75E-2 LEGEND ® SUBJECT PROPER'TES I I I , I ----------------------- r ---------------' I I? I T N.T.S ?i U)I J cf) WARNER AVE SANTA ANA TITLE' cmr CouNCL Pf A ACIMA DATE PUBLIC WOR? DECEABEfl 6, 2M S AGENCY EXHIBIT 1 PUBLIC HEARING - RESOLUTION AUTHORIZNVG CONDEMNATION OF REAL PROPERIIES AT 2235 8 . BRISTOL STREET iN ]AN savr a 75E-4 RESOLUTION NO. 2010- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE ACQUISITION OF PROPERTY LOCATED AT 2235 SOUTH BRISTOL STREET, SANTA ANA (ASSESSOR'S PARCEL NUMBER 015-194-40) BY EMINENT DOMAIN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City of Santa Ana is authorized to acquire the parcel described in Exhibit 1 herein and exercise the power of eminent domain for the public use set forth herein in accordance with the California Constitution and the California Eminent Domain Law, section 200 of the Santa Ana Charter, Santa Ana Municipal Code sections 41-781, Code of Civil Procedure section 1230.010 et seq., and pursuant to inter alia, sections 1240.010, 1240.110, 1240.120, 1255.410, 1240.150, 1240.410, and 1240.510 of the California Code of Civil Procedure, Government Code sections 37350.5 and 40404, California Streets and Highways Code sections 943, 5100, 5101, 5101.5, 5102, 10102 and other applicable law. B. The real property described herein is required for the widening of Bristol Street and related improvements. C. The property to be acquired consists of the property in Exhibit 1, attached hereto and incorporated herein by reference, including a map thereof. D. A Notice of Hearing regarding adoption of a Resolution of Necessity for acquisition by eminent domain of the real property described in Exhibit 1 herein was mailed, in accordance with Code of Civil Procedure section 1245.235, to all persons whose names appear on the last equalized County Assessment Roll as having an interest in the property described in Exhibit 1, and to the addresses appearing on the Assessment Roll. The Notice of Hearing advised the afore described persons of their right to be heard on the matters referred to therein, pursuant to and consistent with Code of Civil Procedure sections 1240.030 and 1245.230, on the date and at the time and place stated therein. E. The hearing set out in said Notice of Hearing was held on December 6, 2010, at the time and place stated therein, and all interested parties were given an opportunity to be heard. Resolution No. 2010-XXX 75E-5 Page 1 of4 Section 2. The City Council further finds and declares as follows: A. The Public Interest and necessity require the project. B. The proposed project is planned or located in a manner that will be the most compatible with the greatest public good and least private injury. C. The property interests sought to be acquired are necessary for the proposed project. D. An offer to purchase the property was made to the property owner of record by the City, in accordance with Government Code section 7267.2. E. All conditions and statutory requirements necessary to exercise the power of Eminent Domain ("the right to take") to acquire the properties described herein have been complied with by the City. F. The City of Santa Ana has statutory authority to acquire the property by eminent domain. G. The use for which any publicly owned property is to be taken is a use that will not unreasonably interfere with or impair the continuance of the public use as it presently exists or may reasonably be expected to exist in the future, and is therefore authorized by Code of Civil Procedure section 1240.510. H. The use for which any publicly owned property is to be taken is a more necessary public use than that to which the properties are currently appropriated and the taking as to any publicly owned property is for a more necessary public use consistent with and authorized by Code of Civil Procedure section 1240.610. Section 3. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, and in accordance with the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, determined that the proposed project has been adequately evaluated in the previously prepared Environmental Impact Report/Environmental Impact Statement EIR No. 89.01 and all subsequent addenda. 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. Section 4. Pursuant to Title XIV, California Code of Regulations ("CCR") section 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 Resolution No. 2010-XXX Page 2 of 4 75E-6 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 section 711.2 and Title XIV, CCR section 735.5(a)(3), the payment of Fish and Game Department filing fees in not required in conjunction with this project. Section 5. The City Attorney is hereby authorized: A. To acquire in the name of the City of Santa Ana, by condemnation, the property described in Exhibit 1, attached hereto and incorporated herein by this reference in accordance with the provisions of the California Eminent Domain Law and the Constitution of California. B. To acquire the property in fee simple absolute unless a lesser estate is described in Exhibit 1, herein. C. To prepare or have prepared and to prosecute in the name of the City such proceedings in the proper court as are necessary for such acquisition. D. To deposit the probable amount of compensation based on an appraisal, and to apply to said court for an order permitting the City to take immediate possession and use of said property for said public uses and purposes. Section 6. 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 2010. APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Jose Sandoval Chief Assistant City Attorney AYES: Councilmembers Miguel A. Pulido Mayor NOES: Councilmembers 75E-7 Resolution No. 2010-XXX Page 3 of 4 ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify the attached Resolution No.2010-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on 2010. Date: Maria D. Huizar Clerk of the Council City of Santa Ana Resolution No. 2010-XXX Page 4 of 4 75E-8 EXHIBIT 'A' Date: January 15, 2009 File No.: -0-SA-3195804 ( 22) LOT(S) 185 AND 186 OF TRACT NO. 1192, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 39 PAGE(S) 16 AND 17, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THAT PORTION DEEDED TO THE CITY OF SANTA ANA, IN DEED RECORDED APRIL 22, 1976 IN BOOK 11711, PAGE 1284, OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING THE NORTHWEST CORNER OF SAID LOT 186; THENCE NORTH 891152'10" EAST ALONG THE NORTH LINE OF SAID LOT 186 A DISTANCE OF 10.00 FEET TO A POINT ON A LINE PARALLEL TO AND DISTANCE EASTERLY 50.00 FEET MEASURED AT RIGHT ANGLES, FROM THE CENTERLINE OF BRISTOL STREET, SAID CENTERLINE AS SHOWN ON SAID MAP RECORDED IN BOOK 39, PAGE 17, OF MISCELLANEOUS MAPS OF ORANGE COUNTY; THENCE SOUTH 00 10'45" WEST 85.24 FEET ALONG SAID PARALLEL LINE TO THE POINT OF TANGENCY OF SAID PARALLEL LINE TO A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 25.00 FEET, A RADIAL OF SAID CURVE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 900 18' 35" AN ARC DISTANCE OF 39.35 FEET TO THE POINT OF TANGENCY OF SAID CURVE TO A LINE PARALLEL TO AND DISTANT NORTHERLY 49.00 FEET, MEASURED AT RIGHT ANGLES, FORM THE CENTERLINE OF WARNER AVENUE, SAID CENTERLINE AS SHOWN ON SAID MAP, SAID POINT OF TANGENCY BEING ALSO A POINT OF CUSP; THENCE SOUTH 890 52'10" WEST ALONG SAID PARALLEL LINE A DISTANCE OF 10.00 FEET TO THE POINT OF TANGENCY OF SAID PARALLEL LINE TO A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 25.00 FEET, A RADIAL OF SAID CURVE THROUGH LAST SAID POINT OF TANGENCY BEARS SOUTH 00 07' 50" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 900 18'35" AN ARC DISTANCE OF 39.35 FEET TO THE POINT OF TANGENCY OF SAID CURVE TO A LINE PARALLEL TO AND DISTANT EASTERLY 40.00 FEET FROM THE SAID CENTERLINE OF BRISTOL STREET, SAID POINT OF BEING ALSO ON THE WEST LINE OF SAID LOT 185; THENCE NORTH 01 101 45" EAST A DISTANCE OF 85.24 FEET ALONG LAST SAID PARALLEL LINE TO THE POINT OF BEGINNING. 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