25K - RAIL SAFETY ENHANCEMENT PROJECT

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REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 7, 2010 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED SETTLEMENT AGREEMENT WITH ? As Recommended EVANS ROOFING COMPANY, INC. FOR El Amended El Or dinance on 151 Reading RIGHT-OF-WAY FOR THE AT- GRADE ? Ordinance on 2nd Reading RAIL SAFETY ENHANCEMENT PROJECT ? Implementing Resolution (PROJECT 091745) ? Set Public Hearing For CONTINUED TO CITY ANAGER FILE NUMBER RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute the attached acquisition settlement agreement with Evans Roofing Company, Inc. in the amount of $132,000 subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION On October 20, 2008, City Council approved a cooperative agreement with the Orange County Transportation Authority (OCTA) for the Grade Crossing Enhancement Program at ten crossings in the City. Improvements include medians, roadway signing and striping, pedestrian gates and other vehicular gate enhancements. OCTA is the lead agency for this project and will be paying 100 percent of the costs associated with the acquisition of the property at 1101 E. Chestnut. To accommodate the project, OCTA has also agreed to pay the cost associated with relocating Evans Roofing Company, Inc., the tenant currently occupying the property at 1101 E. Chestnut, (Exhibit 1). As part of relocation process, the tenant must be paid for loss of business goodwill, due to the relocation of the business to their replacement site at 2020 S. Yale, Santa Ana, CA. The agreed upon compensation for loss of business goodwill is the appraised value, as determined by an appraiser, licensed by the State of California. ENVIRONMENTAL IMPACT A Notice of Exemption and Categorical Exemption - Class 1 (f): Safety Protection Devices (ER # 2008-159) has been prepared for the project and is consistent with both of these agreements. 25K-1