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HomeMy WebLinkAbout75E - PH - RESO CONDEMNATION 1255 W SIXTH STREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 7, 2011 TITLE: PUBLIC HEARING - RESOLUTION AUTHORIZING CONDEMNATION OF REAL PROPERTY AT 1255 WEST SIXTH STREET (APN 405-081-22) (PROJECT 081700) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1s' Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution authorizing the condemnation of the entire real property located at 1255 West Sixth Street (APN 405-081-22) 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 second phase of the project, between Third and Civic Center, is in the final design phase and construction is expected to start in summer 2012. Improvements include widening Bristol from two to three lanes in each direction. These improvements will result in improved traffic flow and level of service. Other benefits of the project include the addition of landscaped medians and parkways, and the construction of a new storm drain system. To accommodate these improvements, property acquisition of the entire parcel at 1255 West Sixth Street (Exhibit 1) is required. The Public Works Agency has made a diligent effort to negotiate with the property owners and their representatives for the past 19 months. A good faith offer was made to the property owner on September 13, 2011 in the amount of $175,000. The Public Works Agency has made, and will continue to make, every effort to reach a settlement with the property owners. Although negotiations will continue, staff is requesting adoption of the resolution of necessity and initiation of condemnation proceedings in order to maintain the Bristol Street widening project schedule and to commence construction in summer of 2012. 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 1255 West Sixth Street (APN 405-081-22) November 7, 2011 Page 2 FISCAL IMPACT Funds are appropriated in the OCTA Bristol Street Corridor Improvements Fund (accounting unit 05917661-66100, project 081700). Raul Godinez II Executive Direct Public Works Agency RG/J G Exhibit: 1. Location Map 2. Resolution of Necessity APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 75E-2 75E-3 75E-4 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SANTA ANA LOCATED AT 1255 W. 6th STREET (APN 405-081-22) 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 on November 7, 2011, 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; B. Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; C. Whether the property proposed to be acquired is necessary for the project; D. Whether the offer required by Government Code section 7267.2(a), together with the accompanying statement and summary of the basis for the amount established as just compensation, was actually made to you and whether said offer and statement/summary were in a form and contained all of the factual information required by Government Code section 7267.2(a); E. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the property described herein, as well as any other matter regarding the right to take said property by eminent domain; and F. Whether the City has statutory authority to acquire the property by eminent domain. EXHIBIT 2 Resolution No. 2011- xxx Page 1 of 5 75E-5 Section 2. 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. 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 XIV, 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 proposed project is planned or located in a manner that will be the most compatible with the greatest public good and least private injury and that the public interest, necessity, health, safety and welfare require the acquisition by the City of Santa Ana of that certain real property located at 1255 W. 6th STREET (APN 405-081-22) in the City of Santa Ana, California ("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 described in Section 3 above for the purposes of the Bristol Street Widening Project ("the Project") and related improvements. The location of the Project is between Third Street and Civic Center Drive for the widening of Bristol Street. Included in the project will be street pave-out, and the installation of concrete curbs, gutters, and sidewalks 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 described in Section 3 above 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 Ana Charter, Santa Ana Municipal Code § 41-781; California Code of Civil Procedure section 1240.010, 1240.110, Section 19 of Article 1 of the California Constitution and California Government Code sections 37350.5 and 40404, California Streets Resolution No. 2011- xxx Page 2 of 5 75E-6 and Highways Code sections 943, 5100, 5101, 5101.5, 5102, and other applicable law. Section 6. The offer required by Government Code section 7267.2 was made to the appropriate party or parties with respect to the Property on or about September 13, 2011. Section 7. 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 described in Section 3 above. Section 8. That if any of the Property described in Section 3 above 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 described in Section 3 above 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 described in Section 3 above. 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 , 2011. Miguel A. Pulido Mayor Resolution No. 2011- xxx Page 3 of 5 75E-7 APPROVED AS TO FORM: Joseph A. Straka, Interim City Attorney By: Jose Sandoval Chief Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: 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. 2011- 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 Resolution No. 2011- xxx Page 4 of 5 75E-8 EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS: THE WEST 50 FEET OF LOT 27 OF TRACT NO. 474 COCHEMS WEST SIXTH STREET ADDITION, AS SHOWN ON A MAP RECORDED, IN BOOK 17, PAGE 18 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. APN: 405-081-22 Resolution No. 2011- xxx Page 5 of 5 75E-9 75E-10