HomeMy WebLinkAbout75CC - PH - CONDEMNATION 1429 N BRISTOLREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
OCTOBER 21, 2014
TITLE:
PUBLIC HEARING — RESOLUTION
AUTHORIZING CONDEMNATION OF
REAL PROPERTY AT 1429 NORTH
BRISTOL STREET (PROJECT NO. 116740
NONGENERALFUND)
(STRATEGIC PLAN NO. 6, 1, G; AND 3, 2,
C)
CITY MANA R
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2ntl Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Adopt a resolution authorizing the condemnation of the entire real property located at 1429 North
Bristol Street (APN 405 - 252 -19) 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 northern segment of the third phase of the project, between
Washington Avenue and Seventeenth Street, is in the final design phase and construction is
expected to start in early 2015. Improvements include widening Bristol Street from two to three
lanes in each direction, new landscaped medians, wider sidewalks, and landscaped parkways.
These improvements will result in improved traffic flow, enhanced streetscape aesthetics, and
greater mobility. The project will also provide better drainage from new storm drain
improvements.
To accommodate these improvements, acquisition of the entire parcel at 1429 North Bristol
Street is required (Exhibit 1). The Public Works Agency has made a diligent effort to negotiate
with the property owners and their representatives for the past 12 months. A good faith offer was
made on June 12, 2014, in the amount of $650,000. The Public Works Agency has made, and
will continue to make, every effort to reach a settlement with the property owner. However, to
maintain the Bristol Street Widening project schedule and meet the goal of commencing
construction in 2015, staff is requesting adoption of the Resolution of Necessity and initiation of
condemnation proceedings while negotiations continue.
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Public Hearing & Resolution Authorizing Condemnation
of Real Property for 1429 North Bristol Street
October 21, 2014
Page 2
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #6 Community Facilities &
Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City
assets), Strategy G (develop and implement the City's Capital Improvement Program in
coordination with the Community Investment and Deferred Maintenance Plans).
Approval of this item also supports the City's efforts to meet Goal #3 Economic Development,
Objective #2 (create new opportunities for business /job growth and encourage private
development through new General Plan and Zoning Ordinance policies), Strategy C (support
business development and job growth along transit corridors through the completion of critical
transit plans /projects).
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the proposed project has been
determined to be adequately evaluated in the previously prepared Final Environmental Impact
Statement / Environmental Impact Report (FEIS /EIR) (EIS No. 89 -01) approved in 1990 and in the
Addendum to FEIS /EIR adopted by the City Council on June 3, 2014.
FISCAL IMPACT
There is no fiscal impact associated with this action
/ J A,,-----
Fired ous vigour
Executive Director
Public Works Agency
FM /EWG /KN
Exhibits: 1. Location Map
2. Resolution of Necessity
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- SUBJECT PROPERTY
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SANTA ANA TITLE.
CITY COUNCIL PUBLIC HEARING — RESOLUTION
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AGENDA SATE: AUTHORIZING CONDEMNATION OF REAL
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SANTA ANA TITLE.
CITY COUNCIL PUBLIC HEARING — RESOLUTION
P `I(I /�
AGENDA SATE: AUTHORIZING CONDEMNATION OF REAL
`r OCTOBER 21.2L PROPERTY AT 1429 NORTH BRISTOL STREET
" (PROJECT NO. 116740 NONGENERAL FUND)
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JXS/10/21/14 "
RESOLUTION NO. 2014 -xxxx
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 LOCATED AT 1429 N.
BRISTOL STREET (APN 405 -252 -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 October 21, 2014,
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
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. 89 -01 and all
Resolution No. 2014 -XXX
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subsequent addenda. 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 proposed project is planned or located in a manner that will be the
most compatible with the greatest public good and least private injury and that the
public interest, necessity, health, safety and welfare require the acquisition by the City
of Santa Ana of that certain real property located at 1429 N. BRISTOL STREET (APN
405 - 252 -19) in the City of Santa Ana, California (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" 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 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 Phase IIIB of the Bristol Street Widening Project
( "the Project "). The location of the Project is between Washington Avenue and
Seventeenth Street for the widening of Bristol Street. Included in the project will be
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 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.
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Section 7. The offer required by Government Code section 7267.2 was made
to the appropriate party or parties with respect to the Real Property on October 1, 2013
and an updated offer on June 12, 2014.
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
Properties 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.
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 2014.
APPROVED AS TO FORM:
Sonia A. Carvalho, City Attorney
0
Jose Sandoval
Chief Assistant City Attorney
Miguel A. Pulido
Mayor
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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. 2014- to be the original resolution adopted by the City Council of the
City of Santa Ana on
Date:
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Clerk of the Council
City of Santa Ana
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EXHIBIT "A "`
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS:
THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION
12, TOWNSHIP 5 SOUTH, RANGE 10 WEST, S. B. B. & M., IN THE CITY OF SANTA ANA, COUNTY
OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTER LINE OF NORTH BRISTOL STREET DISTANT THEREON
835.02 FEET SOUTHERLY FROM THE CENTER LINE OF WEST SEVENTEENTH STREET, SAID
POINT ALSO BEING THE SOUTHWEST CORNER OF LAND CONVEYED TO ELMD M. SUNDQUIST
AND WIFE BY DEED RECORDED APRIL 12, 1938 IN BOOK 930, PAGE 526 OF OFFICIAL
RECORDS, THENCE EASTERLY PARALLEL WITH THE CENTER LINE OF WEST SEVENTEENTH
STREET 174.60 FEET TO THE NORTHWEST CORNER OF THE LAND CONVEYED TO BENNIE C,
OLSON AND WIFE BY DEED RECORDED JUNE 28, 1939, IN BOOK 999, PAGE 291, OFFICIAL
RECORDS; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LAND CONVEYED TO BENNIE
C. OLSON AND WIFE 80,46 FEET, MORE OR LESS, TO THE SOUTH LINE OF LAND CONVEYED TO
W. A. GREENLEAF BY DEED RECORDED DECEMBER 22, 1925 IN BOOK 619, PAGE 225 OF
DEEDS; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID LAND CONVEYED TO W. A.
GREENLEAF 174.60 FEET TO THE CENTER LINE OF BRISTOL STREET; THENCE NORTHERLY
ALONG THE CENTER LINE OF BRISTOL STREET 80,46 FEET, MORE OR LESS, TO THE POINT OF
BEGINNING,
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