75A - PH - RESO AUTHORIZING CONDEMNATION 2909 S BRISTOL

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REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 6, 2013 TITLE: PUBLIC HEARING - RESOLUTION AUTHORIZING CONDEMNATION OF A PORTION OF REAL PROPERTY AT 2909 S. BRISTOL (PROJECT NO. 063510 NON-GENE L FUND) CITY A AGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 151 Reading ? Ordinance on 2"a Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution authorizing the condemnation of a portion of the real property located at 2909 South Bristol Street (APN 410-411-19) and declaring the public necessity and interest therefore. DISCUSSION The City is proposing to construct a new sewer lift station at the end of San Lorenzo Avenue, just east of Bristol Street, as shown in Exhibit 1. To accommodate the construction of the lift station, acquisition of 292 square feet of property located at 2909 South Bristol is required. The public interest and necessity requires the proposed acquisition. A good faith offer was made to the property owner on February 5, 2013, in an amount of $16,100 for the purchase of the property. Negotiations continue with the property owner; however, in order to meet the project schedule, it is necessary to commence eminent domain proceedings. Staff is requesting adoption of this Resolution of Necessity and initiation of condemnation proceedings. The sewer lift station will replace an existing lift station located beneath Bristol Street approximately 700 feet to the west of the proposed lift station. The new lift station will include updated equipment and additional pumps to reduce the chance of sewer spills. In its April 1, 2013 correspondence, the property ownership reiterates its objections to the adoption of the Resolution of Necessity. The objections are premised on a variety of arguments that were made to, and rejected by, the trial court during the CEQA litigation. Some of the claims raised by the property owner are that the project poses significant environmental impacts, that the City failed to review a reasonable range of alternatives to the project, that the technology chosen by the City should be different, and that the cost of the proposed sewer lift station could be reduced if the City instead opts for the installation of a submersible pump station. These claims have been addressed by the City in its environmental review documents which were approved by the City Council on February 21, 2012. Finally, the issues raised by the Lodge property ownership have been fully litigated in the City's favor. 75A-1