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Home My WebLink About75A - PH - RESO AUTHORIZING CONDEMNATION 2909 S BRISTOLREQUEST 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 Resolution Authorizing Condemnation of a Portion of Real Property for San Lorenzo Sewer Lift Station May 6, 2013 Page 2 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in previously prepared Environmental Impact Report No. 2011-04. FISCAL IMPACT Funds are appropriated in the Sewer Connection Fund (Accounting Unit 05517660-66220, project 063510). APPROVED AS TO FUNDS AND ACCOUNTS: r- Raul Godinez II Executive Director Public Works Agency Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency?j/ RG/JG Exhibits: 1. Location Map 2. Resolution of Necessity 75A-2 M 0 E??7 2910 'OM AV 3000 2911 2929 3001 CONDEMNATION AREA PROPOSED LIFT STATiONN 2730 1 27i 2808 28t ? Zg?O i 001 .1?- , G 4 2906 ?s 2910 2914 '- N ??.. I 3002 WW 3006 v 3010 75A-4 Exhibit 2 RESOLUTION NO. 2013- 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 A PORTION OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SANTA ANA LOCATED AT 2909 S. BRISTOL STREET (APN 410-411-19) 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 on May 6, 2013, 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; B. Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; C. Whether the property proposed to be acquired is necessary for the project; D. 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 and whether said offer and statement/summary contained all of the factual information required by Government Code section 7267.2(a); E. 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 Resolution No. 2013- Page 1 of 9 75A-5 F. Whether the City has statutory authority to acquire the property by eminent domain. Section 2. 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. 2011-04 and all subsequent addenda. To the extent that the 1047 square feet temporary construction easement described in Exhibit B differs from the 900 square feet temporary construction easement identified in the final environmental impact report, the City Council finds in light of the whole record that such difference does not rise to the level of a substantial change. California Public Resources Code § 21166; 14 CCR 15162. Moreover, there are no environmental impacts associated with the temporary construction easement and the temporary construction easement has no effect on the conclusion of the FEIR. The legal description and map used in Exhibit B are substantially similar to what is in the FEIR. In accordance with National Environmental Policy Act, an Environmental Assessment document with a Finding of No Significant Impact was prepared for the proposed project and approved by the California Department of Transportation and Federal Highway Administration in 2011. 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. Section 3. Pursuant to Title XIV, California Code of Regulations ("CCR") § 753.5(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 § 711.4 (c)(2)(A) and Title XIV, CCR § 753.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 4. 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 2909 S. BRISTOL STREET (APN 410-411-19) in the City of Santa Ana, California consisting of approximately 292 square foot of property to be acquired in fee title (for right of way purposes), together with approximately 1047 square feet of property for a six (6) month Resolution No. 2013- Page 2 of 9 75A-6 temporary construction easement (collectively referred to as "the "Property"). The Property is situated in the City of Santa Ana, County of Orange, State of California, and more particularly described in Exhibit "A" and temporary construction easement described in Exhibit "B" which are 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 5. The City hereby finds, determines and declares that the public interest, convenience and necessity require the acquisition by said City of the Property described in Section 4 above, including any and all leaseholds and related improvements for the purposes of the San Lorenzo Lift Station Project ("The Project"). The location of the Project is between Bristol Street and Segerstorm. Included in the project will be a newly constructed lift station that will be housed within an approximately 8 foot by 30 foot block structure, measuring approximately 17 feet in height. The project will also include street pave-out, and the installation of concrete curbs, gutters, and sidewalks in a manner which will be most compatible to the greatest public good and the least private injury. Section 6. The taking of the interest in said Property as described in Section 4 above is necessary for the project and 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 section 1240.010, 1240.110; California Government Code sections 37350.5 and 40404; California Streets and Highways Code sections 5101, 5101.5, 5102, and other applicable law. Section 7. The offer required by Government Code section 7267.2 was made to the appropriate party with respect to the Real Property on February 13, 2013. Section 8. The City hereby declares that it is the intention of the City of Santa Ana 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 described in Section 4 above. Section 9. That if any of the Property described in Section 4 above 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 10. Said Property described in Section 4 above are located within the City of Santa Ana, County of Orange, State of California, and is more particularly described in Section 4 hereof. Section 11. The City of Santa Ana is authorized to acquire by eminent domain as provided in the California Code of Civil Procedure. Resolution No. 2013- Page 3 of 9 75A-7 Section 12. 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 described in Section 4 above. 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 13. 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 .2013. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia A. Carvalho, City Attorney By: Jose Sandoval Chief Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN NOT PRESENT Councilmembers: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2013- to be the original resolution adopted by the City Council of the City of Santa Ana on Resolution No. 2013- Page 4 of 9 75A-8 Date: Clerk of the Council City of Santa Ana Resolution No. 2013- Page 5 of 9 75A-9 LEGAL DESCRIPTION EXHIBIT "A" PARCEL A That portion of Parcel 3, of Parcel Map in the City of Santa Ana, County of Orange, State of California, filed in Book 52, Page 49 of Parcel Maps in the office of the County Recorder of said Orange County, described as follows: Commencing at the Point of intersection of the semi-tangent lines for the centerline curve of Segerstrom Avenue, as shown on said Parcel Map; thence, northeasterly along said semi-tangent line, into the semi-tangent Iute for the next curve northeasterly in said centerline of Segerstrom Avenue, to the intersection of last said semi-tangent line with the southerly prolongation of the centerline of the Alley easterly of Bristol Street, as said Alley is shown on said Parcel Map, North 57039'43" East, 307.04 feet; thence, northerly along said southerly prolongation and Alley centerline, North 01 °43'58" East, 92.32 feet; thence, perpendicular to last said centerline, North 88016'02" West, 10.00 feet to an angle point in the easterly line of said Parcel 3, said angle point being at the northerly terminus of the line shown as N.33°5524"E. 39.82' on said Parcel Map; thence, southwesterly along said easterly line, South 34°45'49" West, 7.85 feet to the True Point of Beginning; thence, continuing southwesterly along the easterly lines of said Parcel 3, South 3414549" West, 32,06 feet and South 09057123" West, 12.17 feet; thence, leaving said easterly line, parallel with said Alley centerline, North 01 °43'58" East, 38.92 feet; thence, perpendicular to last said centerline South 88°16'02"East, 19.21 feet to the True Point of Beginning. Containing 292 square feet, more or less. All as shown on exhibit "B", attached hereto and by this reference made a part hereof. Subject to all Covenants, Rights, Rights-of-Way and Easements of record, if any. Prepared by me, or under my direction on AI?? ' yJ 'fa .00 Raymond J. Rivera, PLS 8324 Expires 12/31/09 Resolution No. 2013- Page 6 of 9 75A-10 ----- -- -- ------ HEMLOCK WAY 1 , 210' , j? 1 ;j }1 ty { rr Q) T Dj r r Q f N. T. S.> N j O 10' -- f' QP m g r , r e PA P.O.B. R Q ' CEL f "A. ! ,.r-' PEE ?j- ,1 O ? GF-ftSTROM P. 0. B. - - -f--- D TAI NTS L7 _ t2 i P.O.C. LINE TABLE LINE BEARING L1 01'43' 8"E 92.32 L2 N8 '16'02" L3 S34'45'49"W 7.85 L4 S34'45'49"W L5 S09'57' 3"W L6 01'43'58"G L7 S8$'16'02"E SANTA ANA Pt?.V ?? , PARCEL w "r ,. A" LENGTH 3 .? 10.00 , 32.06 PARCEL "A" sa;? 292 SQ FT 19.21 ?y-I' 01 O 3 n ?' ` P.O.C. w EXHIBIT B A.P. NO. 410-411-19 Resolution No. 2013- Page 7 of 9 75A-11 EXHIBIT "B" PARCEL B That portion of Parcel 3, of a Parcel Map in the City of Santa Ana, County of Orange, State of California, filed in Book 52, Page 49 of Parcel Maps in the office of the County Recorder of said Orange County; a temporary construction easement lying southerly and easterly of the following described line: Commencing at the Point of Intersection of the semi-tangent lines for the centerline curve of Segerstrom Avenue, as shown on said Parcel Map; thence, northeasterly along said semi-tangent line, into the semi-tangent line for the next curve northeasterly in said centerline of Segerstrom Avenue, to its intersection with the southerly prolongation of the centerline of the Alley easterly of Bristol Street, as said Alley is shown on said Parcel Map, North 57°39'43" East, 307.04 feet; thence, northerly along said southerly prolongation and Alley centerline, North 01 043158" East, 92.32 feet; thence, perpendicular to last said centerline, North 88°1602" West, 10.00 feet to an angle point in the easterly line of said Parcel 3, said angle point being at the northerly terminus of the line shown as N.33°55'24"E. 39.82' on said Parcel Map; thence, southwesterly along said easterly line, South 34045'49" West, 1.89 feet to the True Point of Beginning; thence, perpendicular to said Alley centerline, North 88°16'02" West, 27.47 feet; thence, parallel with last said centerline, South 01'43'58" West, 43.58 feet; thence, South 09°57'23" West, 13.38 feet; thence, perpendicular to said Alley centerline, North 88016'02" West, 19.36 feet; thence, parallel with last said centerline, South 01°43'58" West, 23.05 feet to the southerly curve of said Parcel 3 and the end of this description. Containing 1,047 square feet, more or less. All as shown on exhibit "B", attached hereto and by this reference made a part hereof. Subject to all Covenants, Rights, Rights-of-Way and Easements of record, if any. Prepared by me, or under my direction on G?*^ /wr (I I Raymond J. ivera, PLS 8324 Expires 12/31/09 Resolution No. 2013- Page 8 of 9 75A-12 HEMLOCK i WAY r 210' r (N T.S.) P.O.B. PARCEL "Boo j ?. 13 r f'? 3< r GERSTR ---'" .- ?•-?? °` P.O.B. f "-' DETAIL L2 P.O.C. NTS L4 `? LINE TABLE LINE BEARING LENGTH L1 N01'43'58"E 92.32 L2 88'16'02"W 10.00 L3 S34'45'49W 1.89 L4 N 8'16'02"W 27.47 L5 S01 *43'58"W 43.58 L6 09'57'2 "W 13.38 L7 N '16'0 "W 19.36 L8 S01'43' 8"W 23.05 PARCEL PARCEL "B" 1,047 SQ FT L7 EXHIBIT B .? P.O.C. SANTA AMA A.P. NO. 410-411-19 P` TEMPORARY CONSTRUCTION rrs1m EASEMENT t r Resolution No. 2013- Page 9 of 9 75A-13 THE SILVERSTEIN LAW FIRM A Professional Corporation March 19, 2013 VIA FACSIMILE (714) 647-6956 AND U.S. Mail Maria D. Huizar, Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M-30 Santa Ana, CA 92701 Re: Request to Appear at Hearing re Resolution of Necessity To Acquire A Portion of Real Property by Eminent Domain at 2909 S. Bristol Street, APN 410-411-19 Dear Ms. Huizar: We write this letter on behalf of our client, Santa Ana California Lodge, LLC ("Lodge"), in connection with the above-entitled matter and specifically, in connection with a notice of Resolution of Necessity hearing set for April 1, 2013. Please be notified that the Lodge objects to the proposed adoption of the Resolution of Necessity, and hereby requests an opportunity to appear before the Santa Ana City Council and to be heard on the matter. e truly yo 'E'?S OBERT S LVV E I N FOR THE SILVERSTEIN LAW FIRM RPS Jmr 215 NORTH MARENGO AVENUE, 3RD FLOOR PASADENA, CALIFORNIA 91101.1504 PHONE: (626) 4494200 FAx: (626) 4494205 ROBERT@ROBERTSILVERSTEiNLAw.com www.RoBERTSILVERSTEiNLAw.com 75A-14