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Home My WebLink About75D - PH - RESO 1609 - 1631 N BRISTOL ST AND 1612 N LOUISE STREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 6, 2010 TITLE: PUBLIC HEARING-RESOLUTION AUTHORIZING CONDEMNATION OF REAL PROPERTIES AT 1609-1631 NORTH BRISTOL STREET AND 1612 NORTH LOUISE STREET AND APPROVING THE ADDENDUM TO EIR NO. 89 Q1 CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on V' Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER 1. Approve addendum to EIR No. 89-01 for intersection of Bristol and Seventeenth Streets. 2. Adopt a resolution authorizing the condemnation of the entire real properties located at 1609- 1631 North Bristol Street and 1612 North Louise Street and declaring the public necessity and interest therefore. DISCUSSION On March 6, 2006, the City Council approved the cooperative agreement between the City and the Orange County Transportation Authority to fund Bristol Street improvements from Warner Avenue to Seventeenth Street. The first phase of the project, between Pine and McFadden, is under construction and is expected to be completed by December 2010. As part of the street widening, the City is improving the intersection of Bristol Street and Seventeenth Street. Measure M funding has been approved for the intersection widening for the amount of $3.45 million. Improvements include an additional northbound through lane, a southbound right turn lane, and a northeast corner bus turnout. This project is needed to improve traffic flow at the intersection of Bristol Street and Seventeenth Street, which is operating at an unacceptable level of service on Bristol (Exhibit 1). These improvements will improve traffic flow and increase the level of service. To accommodate these improvements, property acquisition of the entire parcels at 1609-1631 North Bristol and 1612 North Louise Street is required. Although a good faith offer was made and negotiations began in August 2010, a final settlement has not been reached. Negotiations will continue with the property owners. However, to meet the project schedule and the funding deadline of March 2011, it is necessary to commence eminent domain proceedings. Staff is requesting adoption of resolution of necessity and initiation of condemnation proceedings. 7501-1 Public Hearing-Resolution Authorizing Condemnation of Real Properties at 1609-1631 North Bristol Street and 1612 North Louise Street and Approving the Addendum to EIR No. 89-01 December 6, 2010 Page 2 ENVIRONMENTAL IMPACT In accordance with CEQA Guidelines, it was determined that the previously prepared Final Environmental Impact Study/Environmental Impact Report No. 89-01 (which was approved by City Council in 1990) adequately analyzed all of the major impacts of the proposed project and prescribed mitigation measures. No major subsequent changes are proposed with respect to the circumstances surrounding this project, and no new information of significance has become available that would substantially affect the validity of the Final EIS/EIR. It was determined that an addendum was the appropriate environmental document for the proposed project in order to address the minor changes to the Final EIS/EIR. FISCAL IMPACT Funds are appropriated in the Measure M Select Street Construction Fund (accounting unit 03217660-66220) and Select Street Construction Fund (accounting unit 05917661-66100). APPROVED AS TO FUNDS AND ACCOUNTS: 1 Raul odinez II Executive Direct Public Works Agency RG/SA Exhibit: 1. Location Map ?& zs?!'? I A Francisco Gutierrez Executive Director J Finance & Management Services Agency 75D-2 LEGEND SUBJECT PROPERTIES i --------- ------ i N KTB 17TH STREET -- ------ ------- $I J 0 m EXHIBIT 1 GPT1ON SANTA ANA CITY COUNCIL TITLE %AA ?1 6'i AGENDA DATE PUBLIC HEARING-RESOLUTION AUTHORIZING OEM i DECEMBER 6, 2oio CONDEMNATION OF REAL PROPERTIES AT ?E PU9LIC wN15 AGFK? 1609-1631 N. BRISTOL 1606 75D-4 RESOLUTION NO. 2010- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE ACQUISITION OF PROPERTY LOCATED AT 1609-1631 NORTH BRISTOL STREET AND 1612 NORTH LOUISE STREET, SANTA ANA (ASSESSOR'S PARCEL NUMPER 405-252-02, 405- 252-03, 405-252-23,405-252-24) BY MINENT DOMAIN 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: A. The City of Santa Ana is authorized to acquire the parcel described in Exhibit 1 herein and exercise the power of eminent domain for the public use set forth herein in accordance with the California Constitution and the California Eminent Domain Law, section 200 of the Santa Ana Charter, Santa Ana Municipal Code sections 41-781, Code of Civil Procedure section 1230.010 et seq., and pursuant to inter alia, sections 1240.010, 1240.110, 1240.120, 1255.410, 1240.150, 1240.410, and 1240.510 of the California Code of Civil Procedure, Government Code sections 37350.5 and 40404, California Streets and Highways Code sections 943, 5100, 5101, 5101.5, 5102, 10102 and other applicable law. B. The real property described herein is required for the widening of Bristol Street and related improvements. C. The property to be acquired consists of the property in Exhibit 1, attached hereto and incorporated herein by reference, including a map thereof. D. A Notice of Hearing regarding adoption of a Resolution of Necessity for acquisition by eminent domain of the real property described in Exhibit 1 herein was mailed, in accordance with Code of Civil Procedure section 1245.235, to all persons whose names appear on the last equalized County Assessment Roll as having an interest in the property described in Exhibit 1, and to the addresses appearing on the Assessment Roll. The Notice of Hearing advised the afore described persons of their right to be heard on the matters referred to therein, pursuant to and consistent with Code of Civil Procedure sections 1240.030 and 1245.230, on the date and at the time and place stated therein. Resolution No. 2010-XXX 75D-5 Page 1 of4 E. The hearing set out in said Notice of Hearing was held on December 6, 2010, at the time and place stated therein, and all interested parties were given an opportunity to be heard. Section 2. The City Council further finds and declares as follows: A. The Public Interest and necessity require the project. B. The proposed project is planned or located in a manner that will be the most compatible with the greatest public good and least private injury. C. The property interests sought to be acquired are necessary for the proposed project. D. An offer to purchase the property was made to the property owner of record by the City, in accordance with Government Code section 7267.2. E. All conditions and statutory requirements necessary to exercise the power of Eminent Domain ("the right to take") to acquire the properties described herein have been complied with by the City. F. The City of Santa Ana has statutory authority to acquire the property by eminent domain. G. The use for which any publicly owned property is to be taken is a use that will not unreasonably interfere with or impair the continuance of the public use as it presently exists or may reasonably be expected to exist in the future, and is therefore authorized by Code of Civil Procedure section 1240.510. H. The use for which any publicly owned property is to be taken is a more necessary public use than that to which the properties are currently appropriated and the taking as to any publicly owned property is for a more necessary public use consistent with and authorized by Code of Civil Procedure section 1240.610. Section 3. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, and in accordance with the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, determined that the proposed project has been adequately evaluated in the previously prepared Environmental Impact Report/Environmental Impact Statement EIR No. 89.01 and all subsequent addenda. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. Resolution No. 2010-XXX Page 2 of 4 7501-6 Section 4. Pursuant to Title XIV, California Code of Regulations ("CCR") section 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 charakterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code section 711.2 and Title XIV, CCR section 735.5(a)(3), the payment of Fish and Game Department filing fees in not required in conjunction with this project. Section 5. The City Attorney is hereby authorized: A. To acquire in the name of the City of Santa Ana, by condemnation, the property described in Exhibit 1, attached hereto and incorporated herein by this reference in accordance with the provisions of the California Eminent Domain Law and the Constitution of California. B. To acquire the property in fee simple absolute unless a lesser estate is described in Exhibit 1, herein. C. To prepare or have prepared and to prosecute in the name of the City such proceedings in the proper court as are necessary for such acquisition. D. To deposit the probable amount of compensation based on an appraisal, and to apply to said court for an order permitting the City to take immediate possession and use of said property for said public uses and purposes. Section 6. 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 day of 2010. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Jose Sandoval Chief Assistant City Attorney 75D-7 Resolution No. 2010-XXX Page 3 of 4 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify the attached Resolution No.2010-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on , 2010. Date: Maria D. Huizar Clerk of the Council City of Santa Ana Resolution No. 2010-XXX Page 4 of 4 7501-8 LEGAL DESCRIPTION Real property in the City of Santa Ana, County of Orange, State of California, described as follows: PARCEL 1: (APN: 405-252-24) THAT PORTION OF SECTION 12, TOWNSHIP 5 SOUTH, RANGE 10 WEST, IN THE LAND ALLOTTED TO JACOB ROSS IN DECREE OF PARTI T ION OF THE RANCHO SANTIAGO DE SANTA ANA, RECORDED IN BOOK B, PAGE 410 OF JUDGEMENTS OF THE 17TH JUDICIAL DISTRICT COURT OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION; HENCE SOUTH 285.64 FEET ALONG THE WEST LINE OF SAID SECTION, TO THE NORTH LINE OF THE LAND DESCRIBED IN THE DEED TO C.H, HARRIS AND WIFE, RECORDED DECEMBER 24, 1923, IN BOOK 502, PAGE 254 OF DEEDS OF SAID ORANGE COUNTY; THENCE EAST, 174.655 FEE! ALONG THE NORTH LINE OF SAID HARRIS LAND; THENCE NORTH, 285.64 FEE I PARALLEL WITH SAID WES LINE OF SECTION TO THE NORTH LINE OF SAID SECTION; THENCE WEST, 174.675 FEET TO THE POINT OF BEGINNING. EXCEPT THE WEST 40.00 FEET AND THE NORTH 50.00 FEET THEREOF. ALSO EXCEPTTHAT PORTION OF SAID LAND INCLUDED WITHIN A SPANDREL SHAPED PARCEL OF LAND BOUNDED WESTERLY BY A LINE PARALLEL WITH AND EASTERLY 40.00 FEET, MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF SAID SECTION, BOUNDED NORTHERLY BY A LINE PARALLEL WITH AND SOUTHERLY 50.0.0 FEET, MEASURED AT RIGHT ANGLES FROM THE NORTH LINE OF SAID SECTION 12, BOUNDED SOUTHEASTERLY BY THE ARC OF A CURVE SOUTHEASTERLY, HAVING A RADIUS OF 25.00 FEET AND TANGENT TO SAID WEST AND NORTH BOUNDARIES OF SAID SPANDREL. PARCEL 2: (PORTION OF APN: 405-252-02) THAT PORTION OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 12, TOWNSHIP 5 SOUTH, RANGE 10 WEST, IN THE LAND ALLOTTED TO JACOB ROSS IN DECREE OF PARTITION OF RANCHO SANTIAGO DE SANTA ANA, RECORDED IN BOOK B, PAGE 410 OF JUDGEMENTS OF THE 17TH JUDICIAL DISTRICT COURT OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF THE LAND CONVEYED TO C.H. HARRIS AND WIFE BY DEED RECORDED DECEMBER 24, 1923, IN BOOK 502, PAGE 254 OF DEEDS, SOUTH 285.74 FEET AND EAST 174.675 FEET FROM THE NORTHWEST CORNER OF SAID SECTION; THENCE NORTH 50.00 FEE E TO A POINT; THENCE EAST 175.00 FEET, PARALLEL WITH THE NORTH LINE OF SAID LAND CONVEYED TO C.H. HARRIS AND WIFE TO THE CENTER LINE OF LOUISE STREET AS DESCRIBED IN THE DEED TO THE CITY OF SANTA ANA, RECORDED JUNE 20, 1924, IN BOOK 531, PAGE 6 OF DEEDS; THENCE SOUTH 50.00 FEET ALONG SAID CENTER LINE, TO THE NORTH LINE OF SAID LAND CONVEYED TO C.H. HARRIS AND WIFE; THENCE WEST 175.00 FEET TO T HE POINT OF BEGINNING. . PARCEL 3: (PORTION OF APN: 405-252-02) EXHIBIT --L- 75D-9 LEGAL DESCRIPTION (Continued) THAT PORTION OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 12, IN THE LAND ALLOTTED TO JACOB ROSS IN DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA-, RECORDED IN BOOK B, PAGE 410 OF JUDGEMENTS OF THE 17TH JUDICIAL DISTRICT COURT OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE LAND CONVEYED TO R.J. PEARSON AND WIFE BY DEED RECORDED NOVEMBER 6, 1945, IN BOOK 1362, PAGE 2B8, OFFICIAL RECORDS OF SAID ORANGE COUNTY, WHICH POINT IS SOUTH, 235.74 FEET AND EASE' 174.675 FEET FROM THE NORTHWEST CORNER OF SAID SECTION 12; THENCE NORTH 50.04 FEET; THENCE EAST 175.00 FEET, PARALLEL WITH THE NORTH LINE OF SAID LAND CONVEYED TO PEARSON, TO THE CENTER LINE OF LOUISE STREET AS DESCRIBED IN THE DEED TO THE CITY OF SANTA ANA, RECORDED JUNE 20, 1924, IN BOOK 531, PAGE 6 OF DEEDS; THENCE SOUTH 50.00 FEET ALONG SAID CENTER LINE TO THE NORTHEAST CORNER OF SAID LAND CONVEYED TO PEARSON; THENCE WEST" 175.00 FEET TO THE POINT OF BEGINNING. PARCEL 4: (APN: 405-252-03) THAT PORTION OF SECTION 12, TOWNSHIP 5 SOUTH, RANGE 10 WEST IN THE LAND ALLOTTED TO JACOB ROSS IN THE FINAL DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, WHICH WAS ENTERED SEPTEMBER 12, 1868, IN BOOK B, PAGE 410 OF JUDGEMENTS OF THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT IN AND FOR LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTERLINE OF LOUISE STREET, AS DESCRIBED IN THE DEED TO THE CITY OF SANTA ANA, RECORDED JUNE 20, 1924, IN BOOK 531, PAGE 6 OF DEEDS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DISTANT THEREON 285.74 FEET SOUTHERLY FROM THE NORTH LINE OF SAID SECTION 12; THENCE WESTERLY PARALLEL WITH THE NORTH LINE OF SAID SECTION, A DISTANCE OF 174.62 FEET TO A LINE WHICH IS PARALLEL WITH AND DISTANT 174.62 FEET EASTERLY FROM THE SURVEYED CENTERLINE OF BRISTOL STREET; THENCE SOUTHERLY PARALLEL WITH SAID CENTERLINE OF BRISTOL STREET, 50.00 FEET; THENCE EASTERLY PARALLEL WITH THE NORTH LINE OF SAID SECTION 12, A DISTANCE OF 174.62 FEET TO THE CENTERLINE OF LOUISE STREET; THENCE NORTHERLY ALONG SAID CENTERLINE 50.00 FEET TO THE POINT OF BEGINNING. PARCEL 5: (APN: 405-252-23) THAT PORTION OF SECTION 12, TOWNSHIP 5 SOUTH, RANGE 10 WEST IN THE LAND ALLOT TED TO JACOB ROSS IN THE FINAL DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, WHICH WAS ENTERED SEPTEMBER 12, 1868, IN BOOK B, PAGE 410 OF JUDGEMENTS OF THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT IN AND FOR LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTH 6 ACRES OF A PARCEL OF LAND DESCRIBED AS BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 12; THENCE SOUTH 10 CHAINS ALONG THE WEST LINE OF SAID SECTION; THENCE EAST 10.59 CHAINS; THENCE NORTH 10 CHAINS; THENCE WEST 10.59 CHAINS TO THE POINT OF BEGINNING OF SAID PARCEL, SAID NORTHWEST CORNER OF SAID SOUTH 6 ACRES BEING SOUTHERLY 285.74 FEET FROM THE 75D-10 LEGAL DESCRIPTION (Continued) NORTHWEST CORNER OF SAID SECTION 12; THENCE EASTERLY 174.62 FEET ALONG THE NORTH LINE OF SAID SOUTH 6 ACRES; THENCE SOUTHERLY 50.00 FEET PARALLEL WITH THE WESTERLY LINE OF SAID SECTION 12; THENCE WESTERLY 174.62 FEET PARALLEL WITH THE NORTH LINE OF SAID SOUTH 6 ACRES TO THE WESTERLY LINE OF SAID SECTION 12; THENCE NORTHERLY 50.00 FEET TO THE POINT OF BEGINNING. EXCEPT THE WESTERLY 30.00 FEET THEREOF. 75D-11 J o W ?/M??1j12• ?f pM O I i & RS W 7-7 w v lw?e w 4 Q V ao- t:J LIDGARD AND ASSOCIATES APPRAISERS-CONSULTANTS w.a H f At Y' I G iy M F... O L' h7 j'1 ? wN A ? ESTi4 S7 h a O xe x' '? 6: s p. -L- i f EMIBff ? s? y?yr?rnr ? sTRWT Q /,ZA yo eye m9e• ?, 4 ey 75D-12