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Home My WebLink About2017-027 - Orange County Streetcar ProjectJMF/6/6/17 RESOLUTION NO. 2017-027 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 AT 1922 (also known as 2006) & 2002 W. FIFTH STREET (APN 007-100-04 & 007-100-05) FOR THE ORANGE COUNTY STREETCAR PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. June 6, 2017, the City Council of the City of Santa Ana, after written notice duly provided to all those claiming ownership in 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 are necessary for the project; D. Whether the offer required by Government Code section 7267.2 has been made; 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. 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 Revised Environmental Assessment/Final Environmental Impact Report (State Clearinghouse No. 2010051060). Pursuant to the National Environmental Policy Act, an Environmental Resolution No. 2017-027 Page 1 of 6 Assessment document with a Finding of No Significant Impact was prepared for the proposed project and approved by the Federal Transit Administration in 2015. 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 hereby finds and determines each of the following: A. The public interest and necessity require the proposed project B. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. C. The properties located at 1922 (also known as 2006) & 2002 W. Fifth Street (APN 007-100-04 & 007-100-05), as described in Exhibit A and graphically depicted in Exhibit B, are necessary for the proposed project. D. The offer required by section 7267.2 of the California Government Code was made. Section 5. The City hereby finds, determines and declares that the public interest, convenience and necessity require the acquisition by the City of the property described in Section 4 above, including any and all leaseholds and related improvements, for the purposes of the Orange County Transportation Authority ("OCTA") and the City of Santa Ana joint project that proposes to construct a modern streetcar system connecting the Santa Ana Regional Transportation Center to Harbor Boulevard and Westminster Avenue in the City of Garden Grove, also known as the Orange County Streetcar Project ('Project'). Section 6. The taking of the interest in the properties 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; California Code of Civil Procedure sections 1240.010, 1240.110; California Government Code sections 37350.5 and 40404; and other applicable law. Resolution No. 2017-027 Page 2 of 6 JMF/6/6/17 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 the Properties described in Section 4 above. Section 8. 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 9. The properties described in Section 4 above is located within the City of Santa Ana, County of Orange, State of California, and is more particularly described in Section 4 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 the 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 such properties, 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 6th day of June, 2017. APPROVED AS TO FORM: Sonia A. Carvalho, City Attorney By: J n M. Funk Assistant City Attorney Resolution No. 2017-027 Page 3 of 6 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers Benavides, Pulido, Solorio, Tinaiero, Villeaas (5) Martinez (1) None (0) NOT PRESENT: Councilmembers Sarmiento (1) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2017-027 to be the original resolution adopted by the City Council of the City of Santa Ana on June 6, 2017. Date: 41.0(7 Marra D. Huizar Clerk of the Council City of Santa Ana Resolution No. 2017-027 Page 4 of 6 EXHIBIT A Al that Certain real praheRy a¢uated In the County Of orange. State of C.I[MmIx, daxrbeJ as 'Lows: The Wast 175.00 Met ad that POM11on a Me IaM .hotted to moan CTawa m Deva. of Partition or Me Randlo Santiago W Santa Ana, recorded In Rook 8 of Judgments of the 17 .ludiaal court or callbmla, described as falowa: Beginning at a point on the Centerline Of Fifth Street, sailed point being Me Northeast corner of the land formerly owned by William A. HIM., sold plot bel, North 09. 30' 00' East 235531 feet and North 1243.9 het from the common mmer of SoctiPhs 10. I1, le and 15, Township 5 South, Ridge 10 Wart; Then¢ South 253.00 feet W the North lith of Me right or way of the Pacific Etactrlc Railway; Thence Wood 350.0 feet a" Add North line; Thence North 250.00 feet to said centerine of FIRM1 Street; The. East 350.00 feet to the polo, of beginning. Exr tin, the North 30.00 feet thereof. 41.078 sedans het nPa 171 WO -O. AB Mat Mrtaln Mel propegy situated in the County of Orange, State of Can nine, described as folly is That portion or the land allotted to Julian Chavez In Decree of Partition of the Rancho Santiago De Santa Ala Moss sed In Case No. 1192, and entered Se demthd 12, 18W In Book R. Page 410 of Judgments a the I 7 hs,116a1 District Court a Gllbmla, dincdbod as follows: Regrmin at a pant on the canter line of Fifth Street, said point hebg the Northeast comer a the land formerly owned by William A. HIOO, sold pobg being North 89^ 30' 00' East 2355.21 het and North 1243.4 feel ham the common comer el Sections 10, 11, le and 15, TownNlp 5 South, Rang. IO West; Then SoslM 253.00 Net m the No" [In. of the right of way of the P.aft Electric Ra1May1 Therlro West 3511.00 fast along said North line; Thence North 250.011 feet to FeW center line of FINK Street; Thence East 350.00 feet to the point or beginning. Eaaa the West 175,00 feet thereof. Also except the North 30.00 hat thereof. 41,487 square feet APH. On' -100 -OS JMF/6/6/17 Resolution No. 2017-027 Page 5 of 6 EXHIBIT B 42 11 L"ad -Sohjacl Parcels p Resolution No. 2017-027 Page 6 of 6 L ,- F -- Mar 4M- 17 L ,- F