HomeMy WebLinkAbout75A - PH - CONDEMNATION 202-218 GRAND
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
;,49
JANUARY 7, 2013
TITLE: APPROVED
? As Recommended
PUBLIC HEARING - RESOLUTION ? As Amended
? Ordinance on 1s' Reading
AUTHORIZING CONDEMNATION OF ? Ordinance on 2ntl Reading
REAL PROPERTY FOR GRAND ? Implementing Resolution
AVENUE WIDENING (PROJECT NO. ? Set Public Hearing For
081732 NONGENERAL FUND)
CONTINUED TO 112212013
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Adopt a resolution authorizing the condemnation of real property located at 202-218 North Grand
Avenue (APN 398-453-06) and 1214 East Third Street (APN 398-453-05) and declaring the public
necessity and interest therefore.
DISCUSSION
Grand Avenue is a major north-south transportation facility which is designated as a major
arterial highway and carries in excess of 35,000 vehicles per day. The widening of Grand
Avenue between First and Seventeenth Streets has been a long-term priority project that will be
constructed in several phases. The improvements include widening of the street from two to
three lanes in each direction; installing raised landscape medians; constructing curb, gutter, and
sidewalks; and installing bike lanes. The Public Works Agency is acquiring property for Phase I
between First and Fourth Streets, and expects to complete the acquisition process by June 2013.
The transportation improvements require full acquisition of the properties located at 202-218
North Grand Avenue and 1214 East Third Street (Exhibit 1) to accommodate the widening. The
Public Works Agency has made a diligent effort to negotiate with the property owner and their
representatives for the past 10 months. On November 8, 2012, a good faith offer was made in
the amount of $3,200,000. The Public Works Agency has made, and will continue to make,
every effort to reach a settlement with the property owner. Although negotiations will continue,
staff is requesting adoption of a resolution of necessity and initiation of condemnation
proceedings (Exhibit 2) in order to maintain the Grand Avenue widening project schedule and to
commence construction in summer of 2013.
75A-1
Public Hearing & Resolution Authorizing
Condemnation of Real Property for Grand Avenue Widening
January 7, 2013
Page 2
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the proposed project has been
determined to be adequately evaluated in the previously prepared FEIR (SCH No. 1998051068)
approved by the City Council in 2002. In accordance with National Environmental Policy Act, an
Environmental Assessment document with a Finding of No Significant Impact was prepared for the
proposed project and was approved by the California Department of Transportation and Federal
Highway Administration in 2011.
FISCAL IMPACT
There is no fiscal impact associated with this action.
s
Rau odinez II
Executive Director
Public Works Agency
RG/JG
Exhibit: 1. Location Map
2. Resolution of Necessity
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EXHIBIT 2
RESOLUTION NO. 2013-
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
PROPERTIES LOCATED WITHIN THE CITY OF SANTA
ANA LOCATED AT 202-218 N. GRAND AVENUE AND 1214
E. 3" STREET (APN 398-453-05 AND 398-453-06)
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 January 7,
2013, after written notice duly provided to all those claiming ownership, including
the owners of the properties 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 properties 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 and whether said offer and statement/summary
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 properties described herein, as well as any other
matter regarding the right to take said properties by eminent
domain; and
F. Whether the City has statutory authority to acquire the properties by
eminent domain.
Resolution No. 2013-
Page 1 of 5
75A-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. 98-01 and all subsequent addenda. In accordance with
National Environmental Policy Act, an Environmental Assessment document with
a Finding of No Significant Impact was prepared for the proposed project and
approved by the California Department of Transportation and Federal Highway
Administration in 2011.
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 3. 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 4. 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 those certain real properties
located at 202-218 N. Grand Avenue and 1214 E. 3rd Street (APN 398-453-05
and 398-453-06) in the City of Santa Ana, California ("the "Properties"). The
Properties are 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 5. The City hereby finds, determines and declares that the
public interest, convenience and necessity require the acquisition by said City of
the Properties described in Section 4 above, including any and all leaseholds and
related improvements for the purposes of the Grand Avenue Widening Project
("the Project"). The location of the Project is between First and Fourth Street for
the widening of Grand Avenue. 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.
Resolution No. 2013-
Page 2 of 5
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EXHIBIT 2
Section 6. The taking of the interest in said Properties as described in
Section 4 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; California Government Code sections 37350.5 and
40404; California Streets and Highways Code sections 5101, 5101.5, 5102, and
other applicable law.
Section 7. The offer required by Government Code section 7267.2 was
made to the appropriate party or parties with respect to the Properties on or
about February 15, 2012 and November 8, 2012.
Section 8. 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 Properties described in Section 4 above.
Section 9. That if any of the Properties described in Section 4 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 10. Said Properties described in Section 4 above are located
within the City of Santa Ana, County of Orange, State of California, and is more
particularly described in Section 4 hereof.
Section 11. The City of Santa Ana is authorized to acquire by eminent
domain as provided in the California Code of Civil Procedure.
Section 12. 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 Properties described in Section 4 above. The City Attorney
is also authorized and directed to obtain a necessary order of immediate
possession and occupancy of said Properties, at the discretion of the City
Attorney.
Section 13. 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 , 2013.
Miguel A. Pulido
Mayor
Resolution No. 2013-
Page 3 of 5
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APPROVED AS TO FORM:
Sonia A. Carvalho, 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. 2013- 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. 2013-
Page 4 of 5
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EXHIBIT 2
EXHIBIT "A"
LEGAL DESCRIPTION
Real property in the City of Santa Ana, County of Orange, State of California, described
as follows:
LOTS 1, 2, 3, 11 AND 12 IN BLOCK "D" OF SANTA ANA INVESTMENT
COMPANY TRACT NO. 1, HUMPHREY'S ADDITION TO SANTA ANA, AS PER
MAP RECORDED IN BOOK 11, PAGE 39, OF MISCELLANEOUS RECORDS, OF
LOS ANGELES COUNTY, CALIFORNIA.
APN: 398-453-05 and 398-453-06
Resolution No. 2013-
Page 5 of 5
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