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Home My WebLink About75B - PH - CONDEMNATION 1221 THIRD ST REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JANUARY 22, 2013 TITLE: APPROVED ? As Recommended PUBLIC HEARING - RESOLUTION ? As Amended ? Ordinance on 1" Reading AUTHORIZING CONDEMNATION OF ? Ordinance on 2"d Reading BILLBOARD AND REAL PROPERTY ? Implementing Resolution FOR GRAND AVENUE WIDENING ? Set Public Hearing For (PROJECT NO. 081732, NOW CONTINUED TO GENERAL FUND) ; 1 V'c(l FILE NUMBER CITY MANAGER RECOMMENDED ACTION Adopt a resolution (Exhibit 1) authorizing condemnation of the billboard (Face Nos. 004518 and 004517) and the entire real property located at 1221 East Third Street (APN 398-385-05), 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. Improvements include the widening of the street from two to three lanes in each direction; raised landscape medians; curb, gutter, and sidewalk construction; and 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. To accommodate these improvements, removal of the billboard and full acquisition of the property located at 1221 East Third Street (Exhibit 2) are required. The Public Works Agency has made a diligent effort to negotiate with Clear Channel Outdoor, the owner of the billboard, and its representatives for the past five months, as well as with the property owners of 1221 East Third Street and their representatives for the past 11 months. A good faith offer was made to the Clear Channel Outdoor on August 31, 2012, in the amount of $9,900. A good faith offer was made to the property owners of 1221 East Third Street on November 8, 2012, in the amount of $530,000. 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 Grand Avenue widening project schedule and to commence construction in the summer of 2013. ~I 75B-1 Public Hearing-Resolution Authorizing Condemnation of Billboard and Real Property for Grand Avenue Widening January 22, 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 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 approved by the California Department of Transportation and Federal Highway Administration in 2011. FISCAL IMPACT There is no fiscal impact associated with this action. Rau Godinez II Executive Director Public Works Agency RG/JG Exhibit: 1. Resolution of Necessity 2. Location Map ~I 75B-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 PROPERTY LOCATED WITHIN THE CITY OF SANTA ANA LOCATED AT 1221 E. THIRD STREET (APN 398-385-05) AND OUTDOOR POSTER PANEL (FACE # 004517 & 004518) LOCATED AT 1221 E. THIRD STREET 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 22, 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 Resolution No. 2013- Page 1 of 6 75B-3 F. Whether the City has statutory authority to acquire the properties by eminent domain. 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") § 753.5(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 § 711.4 (c)(2)(A) and Title XIV, CCR § 753.5(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 that certain real property located at 1221 E. THIRD STREET (APN 398-385-05) in the City of Santa Ana, California, including the OUTDOOR POSTER PANEL (FACE #004517 & 004518) located at 1221 E. THIRD STREET (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" and "B" which are 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 Resolution No. 2013- Page 2 of 6 75B-4 ("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. 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 Real Property on February 15, 2012 and a revised offer on November 8, 2012, and for the Poster Panel on August 31, 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. Resolution No. 2013- Page 3 of 6 75B-5 ADOPTED this day of , 2013. Miguel A. Pulido Mayor 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 6 75B-6 EXHIBIT "A" LEGAL DESCRIPTION Real property in the City of Santa Ana, County of Orange, State of California, described as follows: LOT 12 OF BLOCK "A" OF SANTA ANA INVESTMENT COMPANY TRACT NO. 1, HUMPHREY'S ADDITION TO SANTA ANA, AS PER MAP THEREOF RECORDED IN BOOK 11, PAGE 39 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. APN: 398-385-05 Resolution No. 2013- Page 5 of 6 75B-7 EXHIBIT "B" BILLBOARDS LOCATED AT 1221 E. THIRD STREET (FACE NO. 004517 & 004518) r y.. k, Resolution No. 2013- Page 6 of 6 75B-8 N E,r_39l-_313 N T S .08 3 98-341-22 398.391-24 98.383-13 FOURTH STREET - I N i ro! v i ! N! m 1 v ein ! m n i co i m 1 m i m I m l m ! m i m l m m i m i 1 m m i Lo 0 Lo Lo ID co OD OD co j mi j j m i rmi i ! rmi { m 1 rm a M ri i c') m ! m i ao i m i m! m i m 1 m 1 ao ! co m i m i P P P P P P P P P P P i i ! ~ i ro i r~ i r~ i ~ i M i M l ro r> I to m on i m i P m i n i m! ,n N!- m I m i P inm 1 inm in in ! 0! io i E v i vrm i vrm 1 v v i < 1 i ! m m i I m i M! ao i m l m i ,D i ! m i m! m! m E m i m i I P P P i P P i nn P nP i~ P i mP P 1 C ! M ! ! ~ ro ro ~ ro ro ro _ THIRD STREET i ! "m lm i m! ! W ~ m i m! m s m i m U !v ! v Lo !m_m_1v!°ie! Z i a jvlvIv;v' CeD) m m i m i m m i m ~n m OD CD i i ! m i i m v i m! rP i m l i rP iv NI m i ni m! °D ! 0 ! m i m i m ! m i ! ! W) LI) v Qleic iN v i v v! Q ° ! 1 i 1 v 1, m i m f m! 1 ! m ! m i m m f m ! 1 SECOND STREET CD tg im m! 1n LiiiL NiL t!~i ! OD 1 i E m m i m m ro 1 m i m OD c6 Lo c6 1 v 1 m i o' i r°i rPi r°,i ! r°,i m r °i m m m vv i 119 N G ~'•~~_~~_~~~._.*...._._,r„_._~,_.~_.-~5._._~ 98 454-1]! 'm„ $ i m P I i i ! ! o! v i v M i 1 v v 1 v v 1 i i v v i m! i I m i m ; m I co i m i m ! aPi ! 1 m i m 1 m ! m FIRST STREET 1 m I ~ N m m _ N m m m I m m LEGEND: -SUBJECT BILLBOARD ~N 0Pt~ryQ C rSANTA ANA E: PLOM FEAFM - FEBOLUTKM AU1140FOW W A MR CONDE"TION OF B ILEXXVD R GF MD AVENUE WESOIlcr (PROJECT NO; 081732 FAD) 75B-9 Exhibit 2 N j 398-383-04 (NTS) 396.383.06 M 398-391-22 398-391-24 CD 398-383-13 M FOURTH STREET 1 " I N 1 M j o! ~ j N! M 1 v IA ! ID'~' 1~ 1 m m j m j m l m j m j m j m' m m j m l m j m j m i m co CD M !m!m!m!mm!m~mlmi j M j M M j M M j M; M I M j M M I M I j m ! m i m l m i m ! m i m 1 ao I m l m m aD 1 P P P P P P P M M I M M M j M 1 M i M i m i M I M i M i ._.A _._.i,_._..i _.__,L._. .._..i_~, N i m iLo f n I N! in I to i P i m I m~ m! m i m l m l 1 ~ ! 1 i 1 m I I u I m! ED j m l m i m f ! m m i m m ago m° 1 M j m j m M M i M i M I M 1 M j M i M ! m l m l ao ! m l m oo 1 m I m m j m! m w P j PM P M r) I 'j '_j P j P j P P j P j P j P ~M I M M M M I M M M M ! THIRD STREET i I m! T i m m i m E m m i m j i e ~mm' a! c j v! I Z ! v c l a v ~i m j m i co j m I i P i m! m co i m ui T am, o", mg v ie m m i m! m i P 1 m i m m i ! ! I I to In to I IM C;I a i v v j j Q v v j c a l e I m i m 1 m I 1 m i m E m m i m 1 M SECOND STREET 6 6 6 jj~~~ e! v 1 ! p U i a P 1 1 0 ! v v c! ! Yl ! P p~ P• CO 1 P I P P 1 P 1 P 1 cr P I 1 I M I M ¦ Q~ M j M j M e M; M j M j M! M j M j ~9 C454-"j__ 119 N OF U) !1.3' 98C'454 I L m" co E ~0 i [ ^ 1 m '6 in to ! ! e N uPi i v I E fe1 v o o j o j I j m ii ~ i ; P i C 1 P P ¢ i M M FIRST STREET m= m to m m m m m LEGEND: -SUBJECT BILLBDARD ~ ORA/yQ =~C @C G rSANTA ANA a PUBLIC FEAFM~O - FEBOLUTION AUTHOMM W A OOI~DE#MTION OF BLLBOAFID (ROJECT NO.=AVLNON EMMAOF~) AcC"000AWD'Ack- FM MUM WKX3 OCT 75B-10 Exhibit 2