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Home My WebLink About75BB - PH - CONDEMNATION 1321 N BRISTOLREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 21, 2014 TITLE: PUBLIC HEARING — RESOLUTION AUTHORIZING CONDEMNATION OF REAL PROPERTY AT 1321 NORTH BRISTOL STREET (PROJECT NO. 116740 NONGENERALFUND) (STRATEGIC PLAN NO. 6, 1, G; AND 3, 2, C) CITY MANAGFJ RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: Uft=ipr: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" 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 1321 North Bristol Street (APN 405 - 272 -15) 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 northern segment of the third phase of the project, between Washington Avenue and Seventeenth Street, is in the final design phase and construction is expected to start in early 2015. Improvements include widening Bristol Street from two to three lanes in each direction, new landscaped medians, wider sidewalks and landscaped parkways. These improvements will result in improved traffic flow, enhanced streetscape aesthetics, and greater mobility. The project will also provide better drainage from new storm drain improvements. To accommodate these improvements, acquisition of the entire parcel at 1321 North Bristol Street is required (Exhibit 1). The Public Works Agency has made a diligent effort to negotiate with the property owners and their representatives for the past 12 months. A good faith offer was made on May 14, 2014, in the amount of $365,000. The Public Works Agency has made, and will continue to make, every effort to reach a settlement with the property owner. However, to maintain the Bristol Street Widening project schedule and meet the goal of commencing construction in 2015, staff is requesting adoption of the Resolution of Necessity and initiation of condemnation proceedings while negotiations continue. 75BB -1 Public Hearing & Resolution Authorizing Condemnation of Real Property for 1321 N Bristol Street October 21, 2014 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). Approval of this item also supports the City's efforts to meet Goal #3 Economic Development, Objective #2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies), Strategy C (support business development and job growth along transit corridors through the completion of critical transit plans /projects). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in the previously prepared Final Environmental Impact Statement / Environmental Impact Report (FEIS /EIR) (EIS No. 89 -01) approved in 1990 and in Addendum to FEIS /EIR adopted by council in June 3, 2014. FISCAL IMPACT There is no fiscal impact associated with this action Public Works Agency FM /EWG /KN Exhibits: 1. Location Map 2. Resolution of Necessity 75BB -2 Q (NTS) 18TH STREET m P P M NO IMPACT 17TH STREET 405252-21 • MATCHUNE SEE BOTTOM LEFT WASHINGTON AVENUE LEGEND: = - SUBJECT PROPERTY - ACOUIREO PROPERTIES EXHIBIT 1 SANTA ANA TITLE: n■ i,ii q . CITY COUNCOCTOBER zI, 2& IL PUBLIC HEARING -RESOLUTION r yy /� AGENDA DATE: AUTHORIZING CONDEMNATION OF REAL PROPERTY AT 1321 NORTH BRISTOL STREET (PROJECT NO. 116740 NONGENERAL FUND) 75BB -3 e W i a w u � z J i zz i U Oa i a � i a z 0 m 405-25222 405252-21 • MATCHUNE SEE BOTTOM LEFT WASHINGTON AVENUE LEGEND: = - SUBJECT PROPERTY - ACOUIREO PROPERTIES EXHIBIT 1 SANTA ANA TITLE: n■ i,ii q . CITY COUNCOCTOBER zI, 2& IL PUBLIC HEARING -RESOLUTION r yy /� AGENDA DATE: AUTHORIZING CONDEMNATION OF REAL PROPERTY AT 1321 NORTH BRISTOL STREET (PROJECT NO. 116740 NONGENERAL FUND) 75BB -3 75BB -4 JXS /10/21 /14 RESOLUTION NO. 2014 -xxxx 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 1321 N. BRISTOL STREET (APN 405 - 272 -15) 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 October 21, 2014, 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 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. 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 Resolution No. 2014 -XXX Page 1 of 5 75BB -5 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 1321 N. BRISTOL STREET (APN 405 - 272 -15) 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 Property described in Section 4 above, including any and all leaseholds and related improvements for the purposes of the Phase 1116 of the Bristol Street Widening Project ( "the Project'). The location of the Project is between Washington Avenue and Seventeenth Street 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 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. Resolution No. 2014 -XXX Page 2 of 5 ., JXS/10/21/14 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 September 10, 2013 and an updated offer on May 14, 2014. 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 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 2014. APPROVED AS TO FORM: Sonia A. Carvalho, City Attorney Jose Sandoval Chief Assistant City Attorney Miguel A. Pulido Mayor 75BB -7 Resolution No. 2014 -XXX Page 3 of 5 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. 2014- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Resolution No. 2014 -XXX Page 4 of 5 Clerk of the Council City of Santa Ana JXS/10/21/14 `i LEGAL DESCRIPTION Real property In the CILy or Santa Ana, County of Orange, State OF Californla, descrlbed as fellows: LOT FIFTEEN (15) OF "NOBLE PARK NO 7, TRACT NO. 863 ", IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OP CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 25, PAGE 30 OF MISCELLANEOUS MAPS, RECORDS OP ORANGE COUNTY, CALIFORNIA. APN: 105- 272 -15 75BB -9 Resolution No. 2014 -XXX Page 5 of 5 75BB -10