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REQUEST FOR <br />COUNCIL ACTION <br />CITY COUNCIL MEETING DATE: <br />AUGUST 1, 2011 <br />TITLE: <br />ALL - INCLUSIVE SETTLEMENT <br />AGREEMENT FOR 1211 WEST <br />WARNER AVENUE (PROJECT NO. <br />091752) <br />I <br />CITY MANAGER <br />RECOMMENDED ACTION <br />CLERK OF COUNCIL USE ONLY: <br />❑ As Recommended <br />❑ As Amended <br />❑ Ordinance on 1" Reading <br />❑ Ordinance on 2n° 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 all- inclusive <br />settlement agreement with Big O Tires, LLC in the amount of $250,000 subject to nonsubstantive <br />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. As part of the street widening, the City is improving the <br />intersection of Bristol Street and Warner Avenue. Measure M funding has been approved for the <br />intersection widening for the amount of $3.182 million. <br />To accommodate the widening of this intersection, the entire property located at 1211 West <br />Warner Avenue was acquired in May 2010 (Exhibit 1). This acquisition also necessitates the <br />relocation of the tenant in the building. The tenant, Big O Tires, has agreed to a settlement <br />agreement for relocation benefits. The compensation amounts are the appraised values prepared <br />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 EIR No. 89 -01 approved by City Council in 1990. <br />25E -1 <br />