HomeMy WebLinkAboutResolution 2017-027JMF/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
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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.
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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
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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
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EXHIBIT
A
Al that Certain real praheRy a¢uated In the County Oforange. State of C.I[MmIx, daxrbeJ asLows:
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 mmerof 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 I7 hs,116a1 District Court aGllbmla, dincdbod as follows:
Regrmin at a pant on the canter line of Fifth Street, said point hebg the Northeast comer a the landformerlyownedbyWilliamA. HIOO, sold pobg being North 89^ 30' 00' East 2355.21 het and North
1243.4 feel ham the common comer elSections 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
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EXHIBIT B
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Sohjacl Parcels
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