HomeMy WebLinkAbout75C - PH - CONDEMNATION 119 GRAND
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
JANUARY 22, 2013
TITLE: APPROVED
? As Recommended
PUBLIC HEARING - RESOLUTION El El AsAme Ordinancece o
on 15' Reading
AUTHORIZING CONDEMNATION OF ? Ordinance on 2nd Reading
BILLBOARD FOR GRAND AVENUE ? Implementing Resolution
WIDENING (PROJECT NO. 081732, ? Set Public Hearing For
NON-GENERAL FUI~ID) CONTINUED TO
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Adopt a resolution (Exhibit 1) authorizing the condemnation of the billboard located at 119 North
Grand Avenue (Face Nos. 004519 and 005865) 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 located at 119 North Grand
Avenue (Exhibit 2) is 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. A good faith offer was made to Clear Channel Outdoor on August 31, 2012, in the
amount of $9,900. 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 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.
75C-1
Public Hearing-Resolution Authorizing Condemnation
of Billboard 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 the
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
75C-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 OUTDOOR POSTER
PANEL (FACE # 004519 & 005865) LOCATED WITHIN THE
CITY OF SANTA ANA AT 119 N. GRAND AVENUE
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 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 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 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.
Resolution No. 2013-
Page 1 of 5
75C-3
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 OUTDOOR
POSTER PANEL (FACE #004519 & 005865) located at 119 N. GRAND
AVENUE 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 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
75C-4
Section 6. The taking of the interest in said Property 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 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 Property described in Section 4 above.
Section 9. That if any of the Property 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 Property 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 Property 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 Property, 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 12013.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Sonia A. Carvalho, City Attorney
Resolution No. 2013-
Page 3 of 5
75C-5
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
75C-6
EXHIBIT "A"
BILLBOARDS LOCATED AT 119 N. GRAND AVENUE
(FACE NO. 004519 & 005865)
Resolution No. 2013-
Page 5 of 5
75C-7
75C-8
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LEGEND:
-SUBJECT PROPERTY
-SUBJECT BILLBOARD ~N ORA/y@
3r ct
o -
SANTA ANA 'RTLE: \ f'
PUBLIC FEARING - FEBOLUTION AU MOMM
CITY COUNCL CONDEMNATION OF BILLBOARD AND REAL PROPERTY
P W A ~A DAM FOR GRAND AVENUE WDENING
(PROJECT NO= 081Td2 FUND)
Exhibit 2
75C-9
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LEGEND
-SUBJECT PROPERTY
-SUBJECT BILLBOARD 0 A/y
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EXHUT 2 3
SANTA ANA TffLE.
C1TY COLKX OOI~ ~T10N OF: a I BOARD AND REAL PROPERTY
P W A AGENDA D FOR GRAD AVENIE WDENNG 22, 200 (PIXXIECT NO.' 081732 NON-GENERAL FUM)
s M" Exhibit 2