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Home My WebLink About2003-040 - Grant Funds for the Development of Playground Equipment at Patricia Lane ParkRESOLUTION NO. 2003-040 mjv 04-15-2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION GRANT FUNDS FOR THE DEVELOPMENT OF PLAYGROUND EQUIPMENT AT PATRICIA LANE PARK BE IT RESOLVED BY THE CITY COUNCIL'OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: The Congress under Public Law 88-578 has authorized the establishment of a Federal Land a nd Water Conservation Fund G rant-In-Aid Program, providing matching funds to the State of California and its political subdivisions for acquiring lands and developing facilities for public outdoor recreation purposes. The State Department of Parks and Recreation is responsible for the administration of the program in the state, setting up necessary rules and procedures governing application by local agencies under the program. Said adopted procedures established' b y t he State Department o f Parks and Recreation require the applicant to certify by resolution the approval of applications and the availability of matching funds prior to submission of said applications to the state. The proposed Playground Equipment at Patricia Lane project is consistent with the Statewide Comprehensive Recreation Resources Plan: California Outdoor Recreation Plan-1994. The project must be compatible with the land use plans for those jurisdictions immediately surrounding the project. Section 2. The City Council of the City of Santa Ana approves the filing of an application for Land and Water Conservation Fund Assistance. Section 3. The City Council of the City of Santa Ana certifies that said agency has matching funds from the City General Fund to finance 100 percent of the project, half of which will be reimbursed. Resolution No. 2003-040 Page 1 of 2 Section 4. The City Council of the City of Santa Ana certifies that the project is compatible with the land use plans of those jurisdictions immediately surrounding the project. Section 5. The City Council appoints the Executive Director of the Parks, Recreation and Community Services Agency as the agent of the City of Santa Ana to conduct all negotiations, execute and submit all documents including, but not limited to applications, work plans, agreements, amendments, payment requests which may be necessary for the completion of the aforementioned 'project. ADOPTED this 21st day of April, 2003. M igu,~PL~lido~ May'pr/ APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: I ~ , Michael Vigliotta Deputy City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers: Alvarez, Bist, Solorio (7) Councilmembers: Councilmembers: Councilmembers: Christy, Franklin, Garcia, Pulido, CERTIFICATION OF ATTESTATION AND ORIGINALITY Date: I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached Resolution No. 2003-040 to be the original resolution adopted by the City Council of the City of Santa Ana on April 21,2003. City of Santa Ana Resolution No. 2003-040 Page 2 of 2 RESOLUTION NO. 2003-038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SANTA ANA (BRISTOL PLAZA SHOPPING CENTER LOCATED AT 3329- 3365 SOUTH BRISTOL STREET) BE IT RESOLVED BY THE CITY COUNCIL OF -~HE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana on April 7, 2003, after written notice duly provided to all those claiming ownership, including the owners of the property described hereafter, as they appeared on the last equalized County assessment roll, held a hearing pursuant to Code of Civil Procedure section 1245.235 for the purpose of allowing the owners thereof a reasonable opportunity to be heard on the following matters: A. Whether the public interest or necessity requires the project; Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; Whether the property proposed to be acquired is necessary for the Project; Whether the offer required by Government Code section 7267.2(a), together with the accompanying statement and summary of the basis for the amount established as just compensation, was actually made to you and whether said offer and statement/summary were in a form and contained all of the factual information required by Government Code section 7267.2(a); Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the property described herein, as well as any other matter regarding the right to take said property by eminent domain; and Whether the City has statutory authority to acquire the property by eminent domain. Section 2. The City Council has reviewed and considered the information contained in the initial study and the negative declaration prepared with respect to this Resolution No. 2003-038 Page 1 of 12 Project. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a previously prepared Negative Declaration (ER 2003-45) adequately addresses the expected environmental impacts of this Project. On the basis of this review, the City Council finds that there is no evidence from which it can be faidy argued that the Project will have a significant adverse effect on the environment. The City Council hereby approves use of this previously adopted negative declaration and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1 ), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. The City of Santa Ana ("the City"), as a result of said hearing, has determined that the public interest, necessity, health, safety and welfare require the acquisition by the City of Santa Ana of the specified interests in a portion of that certain real property located at 3329-3365 South Bristol Street, Santa Aha, California consisting of approximately 422 square foot of property to be acquired in fee title (for right of way purposes), together with approximately 619 square foot temporary landscape easement and 1,483 square foot temporary construction easement (collectively referred to as "the Property"). The Property is situated in the City of Santa Aha, County of Orange, State of California, and more particularly described in Exhibit "A" which is attached hereto and incorporated herein by reference and made a part hereof as though fully set forth herein, for the public purposes hereafter set forth. Section 4. The City hereby finds, determines and declares that the public interest, convenience and necessity require the acquisition by said City of the Property for the purposes of the completing the Bristol Street and MacArthur Boulevard Intersection Project ("the Project") and related improvements. The location of the Project is on Bristol Street and MacArthur Boulevard. Included in the project will be street pave- out, and the installation of concrete curbs, gutters, sidewalks, and raised median in a manner which will be most compatible to the greatest public good and the least private injury. Section 5. The taking of t he interest i n said Property a s a bore described is necessary for the public right of way and is authorized by Section 19 of Article I of the California Constitution, Section 200 of the Santa Ana Charter, Santa Ana Municipal Code §41-781; California Code of Civil Procedure sections 1240.010, 1240.110, California Government Code sections 37350.5 and 40404, California Streets and Highways Code sections 943, 5100, 5101,5101.5, 5102, and other applicable law. Resolution No. 2003-038 Page 2 of 12 Section 6. The offers required by Government Code section 7267.2 were made to the appropriate party or parties on or about February 14, 2002 and a revised offer on or about December 19, 2002. Section 7. Excepting the portion of the Property for which the City will acquire only temporary easements, the City hereby declares that it is the intention of the City of Santa Aha to acquire in its name, in accordance with the provisions of the laws of the State of California with reference to condemnation procedures, all interests in and to said Property. Section 8. That if any of the Property has been appropriated for some public use, the public use to which it is to be applied and taken under this proceeding is a more necessary and paramount public use. Section 9. Said Property is located within the City of Santa Ana, County of Orange, State of California, and is more particularly described in Section 3 hereof. Section 10. The City of Santa Ana is authorized-to acquire by eminent domain as provided in the California Code of Civil Procedure. Section 11. The City Attorney is hereby authorized and directed to prepare, institute and prosecute in the name of the City such proceedings, in the proper court having jurisdiction thereof, as may be necessary for the acquisition of the interests in said Property. The City Attorney is also authorized and directed to obtain a necessary order of immediate possession and occupancy of said Property, at the discretion of the City Attorney. Section 12. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 7th day of April, 2003. ~A. Pulido Resolution No. 2003-038 Page 3 of 12 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney BY:jd'~¢~andoval ~ Sedi0r Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers: Alvarez, Bist, Christy, Franklin, Garcia, Pulido, Solorio (7) Councilmembers: None (0) Councilmembers: None (0) Councilmembers: None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2003-038 to be the original resolution adopted by the City Council of the City of Santa Ana on April 7, 2003. Date: -~ ~ Clerk of the Council City of Santa An'a Resolution No. 2003-038 Page 4 of 12 ,AP-No. , -30.39 feet to ~d poN: c,f ~g; ~ce South 74~ 12' 53" E~% 32:00 fc:~ ~onz 57' 31'[ W~, 24. g2 fc:~ to ~: ~.~ POLNW OF BEGginG. 576'2 Bo. IS :. Ave., Suite 20i 7!~-3 79-3378 282 i~ Exp. 5,/3 !102 Resolution No. 2003-038 Page 5 of 12 Attac.hmen ~ 1 Resolution No. 2003-038 Page 6 of 12 ~0.~~ ATTACFI~ lENT 2 TEMPORARY CONSTRU.CTtON EASEMENT. LEGAL DESCRIPTION A.P. No. 4t0-222~30 Those porJons of Sec(ior,, 38 in Township 5 'South, Range t0 West San Eemardino Meridian, in the l~nd a~lo~ed to James Mcr=dden as desc, ced in the Er~aI decree of petition of t,ne R¢n.no Santiago De Santa ~na, wNch was entered September 12, 1868 in B~k "B', Page 410 of Jud~men~ of Be Distd~ Court of the 17m Judicial DisNct in and for Los Angeles County, Cat}fornia, Cky o, San,~ Aha, County of Orange, State of California, described as fo{lows: . Commencing a~ ~ poin~ on the ~nted!ne of Ma~hur Boulevard disNn[ 89=57'31' East 235 fee~ from the centedine of Bristol S=e=, ~s ~=Id a~ shown on s Map Filed in Book 28, Page 41 of PA~ei Maps on file in the office of ~qe Count:,' RecoVer of O~nge County; California; then~ NoAh 0 20 50 WesL ¢,ong a line psrellel to sa~d centerline of Bristol 8~e~, 59.00 feet to a point on the Nodhedy line & Ma~hur Bouleva~ as described [n docume~ No. 1214 receded Augus~ 4, 1959 in Book 9038, Page 829 in ~dsi Records of s~id Counb/, finance confinuin~ No, ,n 0 20 50 Wes,, t 1.00 feet to a line wi~q said center[~ns ¢ Maid'ur Boulevard; then~ NoAh 8. 5731 E~sr said F~,~Jt~l t~ns 2.00 feet to feat to t~e beginning of a tangen~ cuwe ~n~ve Southery and havln~ a radius 0¢ 110.00 feet; ~ence "~ '= ', cuwe through s ce~l sncle ct ~0~02'08" an 8re dJstan~ of 19.27 feet to s po~n~, setd t~s{ mentioned ¢o~( to be ~own as ~e T~e Point o~ Be~ nn n~ md[al which passes through sa:d t~st men~oRed point bes~ No~n 9'59;39" E'~ thence No~h 0:20'50' West, 15.22 feet to a po]n[ on a non tangent ~'e concave Southerly, having a radius of 125.00 feet and being tangent at its point ct endinrto a I{ne pea!lei with and distant 85 feet No,body from said centedine o,'~a~.r[qur Boulevard, 8 r~di=~ ,o -~ ' ' s¢,d point ~am No~h 8'¢'31' E~st, ~," ~=rly ¢,%ng s~.~ l,~, m=~t,oned ..cu~e .through .a contra angle of ~ 4[ uu ~n arc d~s~nce of I9,16 feet to ss~d point of ending; thence ~Ion~ Jest mentioned parallel t~ne South 89=57'3t'' West, 2.08 feet; then~ 0"20'50" West, 11.95 ' ~" * , le~t, thence South 8?32'36' E=s,, 20.98 feet; t]qence South 80~50'14' East, 50.03 f=~., thence SOuth 0 20~0 E=st, 17.0o feet; thence No~h 87't0'44" Wes~, 5.40 feet; ~ae2o5 Nor[q 74 12 o3 W=s, 14.66 fee[; thee, ce Sou~h 0 20 ~0 E~,, 1~.61 fee(; then~ Nor, h [~ ~2 53 Wes,, 19.97 feet to [~e becinnin~ c~ /~ con~/s Scu~h~dy, h~vin~ s r~d/us d 1~0,0¢ f=~,, thence No,~n,/=s,u, iy sam cum, e through s centr~ ~,?~ o, 5 4t 28 an arc distance o~ It.12 feet to Resolution No. 2003-038 Page 7 of 12 A.P. No 410~222-30 Temporary Ooe~trdc~an Easement cONTAiNING 1483 SQ. FF, MORE OR L~ESS S== EX. ,[=~T 'B~ A~ACHED ANO'BY RuFER=NCE MADE Resolution No. 2003-038 Page 8 of 12 A__P NO: 41 EXHIBIT "B" . .OWNER:.~BRIZP LAZ TEMPORARy CO N STRU CTION__~ASEM ENT EX. R/~'! PROP. L7 235.00' N 69"57'31" E x-p.d.c MACARTHUR BLVD 0, E, / L13 L8 L9 L12 EASE~',!ENT AREA: 14~3 50, FT. Resolution No. 2003-038 Page 9 of 12 ATTACH~IE~T3 ~ LANDS. CAPE ~EASEM]6.NT LE G.;kL DiES CRi'PTI QN AP. No. 410-222-30 ~ Book '~", Page 410 of Jad~t~ of the Dlsffict Co~n of~e 17e Ju~c{~ Dis~ct ~'. State of C~lizbmH% described ~ fo~cws: P~cel "A' ' on a Map ~Eed ~ Book 28, Page 41 of Parcel M~ on Recorder of Or,ge ~untf, ~ffo~g thence ~o~dq 0~20'50" p~z~iel to svdd center~e ofBHsio! S~cet,'59.00 fe~to a po~t Mzc)~ Bo~ev~-d ~ d~c~oed ~ doc~t No. i214 r~cord~ Book 9038, Page 829 ~ Official Record~ of ~*2d 0=20'50'' V/est, t1,00 feetto a ~¢ par~el with said cent~c bfb[zc~&m- Boulev~, s~d lint mentioned po~t to be ~owu ~ ~e Tins Po~2 t2xence No~h 89~57'31' E~: Mens s~d p~Iel Eno 2.00 tangent cm~'e con~ave Sou~h~y ~d hz~g z radi~ of 110.00 feet, ~ce Sou~e~erly ~lon~ s~d curve ~*~oush a cm~l ~n~eI o[ 10~02'08'' ?Lnt, a r~dfai w~ch pz~ses throuE2~ s~[d l~t mentioned pobt barn's No~ 9:59'39" E~t; ~ence No~h &20'50' West, t5,22 feet to a poLu~ on z non ~eat ~,'e conca~re ScuCc~iy, h~'dn% a rzdk~ of 125.00 fee``. ~d being t~g~ ~ iB ~o~t ~ ~dfng to z lhie ~za!i¢! ~v!~ ~nd dSstznt 85 fact Nor:hefty from said centcri~ne ofMac.~Jr, ur } mi[al to ~d po~.~ be~J N6gh 8~'31'' Ea~t] th~.ce mentioned cu>': ~ou~ z cm~zl ~?! of 8%7' 00" mn ~c dis[anco of 19.16 feet to said Parcel ~ ce;:tc:'l~e of Mzc.~hur Bou!eve:d ~.s~d centarUne~ are sho';~n on z M~ Piled hn Bou!e'r~d 235.00 feat; theace >tomb &20'50" ¥;est, 5%00 f::~ ~o z point on ~: Resolution No. 2003-038 Page 10 of 12 ATTACHMENT 3 con~,~kn~ Nox'~ 0~20'50'' ¥,:cs~, 11.00 feet ~o a ~u~ p~dlei ~,ith s~d cent~e of hne,~00 feet to feet to ~e ~ng of a ~gmt c:uwe concave Souh~eny ~d h~wmg a 7~ 12 ~3 E~, 19.97,~,tt0 to be ~,o~m ~ ~c Tree Po~t o: Be~mg for P~cel ' '" ' 0:2C;'50" 5Ves5:15,02 feet; ~*xc: No~& 87~10'~'' W~k 5.,40 feet; ~ce NoPh CO~A~rG 619 SQ. 7 t. MO~ OR ~SS S~E Z~-~ ~I' 'B" ATTACSZi:~ A2fD BY ~r'-ER~' C~ iNLADE A P,a~T Resolution No. 2003-038 Page 11 of 12 Resolution No. 2003-038 Page 12 of 12