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REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 6, 2010 TITLE: ACQUISITION OF RIGHT -OF -WAY FOR THE OCTA AT -GRADE RAIL SAFETY ENHANCEMENTS ( PROJECT NO. 091745) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached acquisition agreements, subject to nonsubstantive changes approved by the City Manager and City Attorney, with CP ARBORS APARTMENTS, LLC for the purchase of a portion of the property located at 1100 East Fairhaven Avenue in the amount of $51,290, and MULLER- Rock -1 LLC for the purchase of a portion of the property located at 1766 East McFadden & 1261 South Lyon in the amount of $30,000. 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 the City has a 12 percent share of the costs. The purpose of this program is to enhance railroad safety and to make the streets and roads safer for the community. To install the improvements at the crossings located at Fairhaven and McFadden, OCTA determined that partial acquisition of three parcels will be required - at 1100 East Fairhaven Avenue, 1766 East McFadden & 1261 South Lyon (Exhibit 1). The compensation amount is the appraised value prepared by an appraiser licensed in 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