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Home My WebLink AboutPUBLIC NOTICE - 75G MAYOR Miguel A. Pulido MAYOR PRO TEM Juan Villegas COUNCILMEMBERS Phil Bacerra Nelida Mendoza David Penaloza Vicente Sarmiento Jose Solorio CITY OF SANTA ANA Clerk of the Council 20 Civic Center Plaza ● P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.org CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Daisy Gomez November 10, 2020 JPacific International, as Trustee of 215 Warner SA Land Trust dated, July 7, 2014 13043 Bach Way Cerritos, CA 90703 215 East Warner Avenue Santa Ana, CA 92707 Re: Notice of Hearing Regarding Adoption of Resolution of Necessity to Acquire Real Property by Eminent Domain (Code of Civil Procedure § 1245.235) Property: 215 East Warner Avenue, Santa Ana, CA 92701 (APN 403-142-15) Dear Owner: The City Council of the City of Santa Ana ("City") intends to consider the adoption of a Resolution of Necessity on December 1, 2020, which if adopted, will authorize the City to acquire by eminent domain the real property described in this letter for Phase I of the City’s Warner Avenue Improvements Project, between Main Street and Oak Street (“Project”). A legal description and map of the real property being considered for acquisition is enclosed with this Notice as Exhibit "A" ("the subject property"). Please take notice that the City Council at its regularly scheduled meeting to be held on December 1, 2020, at 5:45 p.m., or as soon thereafter as the matter may be heard, will hold a hearing on whether a Resolution of Necessity should be adopted, as required by California Code of Civil Procedure §1245.220, for the commencement of an eminent domain proceeding to acquire fee title to the subject property. Public may watch or listen in to the meeting live via these remote options:  YouTube channel at www.youtube.com/cityofsantaanavideos/live  Channel CTV3, available on Spectrum channel 3 and AT&T U-verse channel 99 You have the right to be heard before the City Council at the above scheduled hearing on the following matters and issues, and to have the City Council give judicious consideration to your testimony prior to deciding whether or not to adopt the proposed Resolution of Necessity: JPacific International, as Trustee of 215 Warner SA Land Trust dated, July 7, 2014 November 10, 2020 Page 2 of 3 SANTA ANA CITY COUNCIL Miguel A. Pulido Mayor mpulido@santa-ana.org Juan Villegas Mayor Pro Tem, Ward 5 jvillegas@santa-ana.org Vicente Sarmiento Ward 1 vsarmiento@santa-ana.org David Penaloza Ward 2 dpenaloza@santa-ana.org Jose Solorio Ward 3 jsolorio@santa-ana.org Phil Bacerra Ward 4 pbacerra@santa-ana.org Nelida Mendoza Ward 6 nmendoz@santa-ana.org 1. Whether the public interest and necessity require the proposed Project; 2. Whether the proposed Project is planned or located in the manner that will be the most compatible with the greatest public good and the least private injury; 3. Whether the subject property sought to be acquired by the exercise of eminent domain as described in the Resolution of Necessity is necessary for the proposed Project; 4. Whether the offer required by Government Code § 7267.2 has been made; 5. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain (the "right to take") to acquire the subject property, as well as any other matter regarding the right to take the subject property by way of eminent domain; and 6. Whether the City has the statutory authority to acquire the subject property by eminent domain. On November 25, 2020, a copy of the proposed Resolution of Necessity will be available on the City’s website at https://www.santa-ana.org/cc/city-meetings, within the agenda materials for the December 1, 2020 City Council Meeting. This Notice has been sent to you because your name and the above listed address appears on the last equalized tax assessment roll of the County of Orange as being the name and address for tax bills to be sent for the subject property. The statutes authorizing the City to acquire the subject property by eminent domain for the proposed project include the City's Charter at § 200, Santa Ana Municipal Code § 41-781, California Code of Civil Procedure §§ 1240.010, 1240.110, Section 19 of Article I of the California Constitution, and California Government Code § 37350.5 and § 40404. If you desire to be heard, you can submit a written comment to the Clerk of the Council by one of three ways: 1. Emailing ecomment@santa-ana.org by 4:00 p.m. on Regular Council meeting Tuesday. Comments received after the cut off time will be included as part of the record as early as possible. 2. Mailing to Clerk of the Council, 20 Civic Center Plaza, M-30, Santa Ana, California 92701, 3. Via facsimile number at (714) 647-6956. Alternatively, the Public Hearing will be held by teleconference at 5:45 p.m. You may join the meeting by Zoom webinar directly at: https://us02web.zoom.us/j/315965149; or by calling (669) 900-9128 and entering the Meeting ID: 315-965-149#. Due to COVID, please visit https://www.santa-ana.org/cc/city-meetings frequently for updated information. The City will consider any written observations you may wish to submit before the hearing. Failure to comply with the provisions set forth above will, under California law, result in a waiver of the right to appear and be heard on the matters and issues which are the subject of this hearing. JPacific International, as Trustee of 215 Warner SA Land Trust dated, July 7, 2014 November 10, 2020 Page 3 of 3 SANTA ANA CITY COUNCIL Miguel A. Pulido Mayor mpulido@santa-ana.org Juan Villegas Mayor Pro Tem, Ward 5 jvillegas@santa-ana.org Vicente Sarmiento Ward 1 vsarmiento@santa-ana.org David Penaloza Ward 2 dpenaloza@santa-ana.org Jose Solorio Ward 3 jsolorio@santa-ana.org Phil Bacerra Ward 4 pbacerra@santa-ana.org Nelida Mendoza Ward 6 nmendoz@santa-ana.org However, if you elect not to appear and be heard in regard to compensation, your nonappearance will not be a waiver of your right to claim greater compensation in a court of law. The amount to be paid for the subject property will not be considered by the City Council at the hearing. If you elect not to appear and not to be heard, your failure to appear will be a waiver of your right to later challenge the City's right to take the subject property by eminent domain. This Notice is not intended to foreclose any negotiations between you and the City's representatives on the amount of compensation to be paid for the subject property. If the City Council elects to adopt a Resolution of Necessity, then within six (6) months the City will commence eminent domain proceedings in Orange County Superior Court. In that proceeding, the court will determine the amount of compensation to which you are entitled. Respectfully, Daisy Gomez Clerk of the Council CC: Alfonso Hurtado and Juana Pizana - Tenant 215 East Warner Avenue Santa Ana, CA 92707 Enclosures: Description of Subject Property (Exhibit A) Proof of Service Mail (;+,%,7$ $WWDFKPHQW LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:: LOT 24, IN BLOCK D OF TRACT NO. 638, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 19, PAGE 17 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPT THEREFROM ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES, LYING BELOW A DEPTH OF 500 FEET. Assessor’s Parcel Number: 403-142-15