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REQUEST FOR <br />COUNCIL ACTION <br />CITY COUNCIL MEETING DATE: <br />OCTOBER 4, 2010 <br />TITLE: <br />ACQUISITION SETTLEMENT <br />AGREEMENT FOR BRISTOL STREET <br />CORRIDOR (PROJECT NO. 08-1700) <br />CITY MANAGER <br />RECOMMENDED ACTION <br />CLERK OF COUNCIL USE ONLY: <br />APPROVED <br />? As Recommended <br />? As Amended <br />? Ordinance on 1s` Reading <br />? Ordinance on 2"d Reading <br />? Implementing Resolution <br />? Set Public Hearing For_ <br />CONTINUED TO <br />FILE NUMBER <br />Authorize the City Manager and Clerk of the Council to execute the attached acquisition <br />settlement agreement with Bristol Drug Company, Inc. in the amount of $550,000 subject to <br />nonsubstantive changes approved by the City Manager and City Attorney. <br />DISCUSSION <br />On March 6, 2006, the City Council approved the cooperative agreement between the City and <br />the Orange County Transportation Authority to fund Bristol Street improvements from Warner <br />Avenue to Seventeenth Street. The first phase of the project, between Pine Street and <br />McFadden Avenue, is under construction and is expected to be completed by November 2010. <br />Public Works is acquiring property for the second phase of the project, between Third Street and <br />Civic Center Drive, as well as the intersection of Bristol Street and Warner Avenue. <br />On June, 1, 2009, the City Council approved the purchase agreement with the property owner to <br />acquire the entire property located at 1302 W. Santa Ana Boulevard (Exhibit 1). As part of the <br />acquisition process, the tenant (Bristol Drug Company) is also entitled to benefits. Staff has <br />been negotiating with Bristol Drug and has reached a comprehensive settlement agreement. The <br />compensation amount is in accordance with California Code of Regulations, Title 25, and <br />valuation completed by an appraiser licensed by the State of California. <br />ENVIRONMENTAL IMPACT <br />In accordance with the California Environmental Quality Act, the proposed project has been <br />determined to be adequately evaluated in the previously prepared Environmental Impact <br />Report/Environmental Impact Assessment No. 89-01 approved by City Council in 1990. <br />25E-1