HomeMy WebLinkAboutNoticed Hearing - Holly Seacliff Area - Acquistion of Proper RE UAT FOR CITY COUNCI ACTION
Date January 1'8, 1993
Submitted to: Honorable Mayor and City Council Me bers
Submitted by: Michael T. Uberuaga, City Administrator-
Prepared by: Robert J. Franz, Deputy City Administra
Subject: Property Acquisition- Ellis Avenue Widening
Resolution of Need and Necessity
Consistent with Council Policy? D4 Yes [ ] New Policy or Exception
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments:
STATEMENT OF ISSUE:
Under the terms of the Holly Seacliff Development Agreement, it is the City's
responsibility to acquire the rights-of-way for all street widenings within the Holly
Seacliff project. The final parcels required for the Ellis Avenue widening between
Goldenwest and Edwards Streets need to be acquired. A Resolution of Need and
Necessity, approved by the City Council, is needed for the City's acquisition of these
parcels by condemnation.
RECOMMENDATION:
Following the statuatory procedure provided by the City Attorney, approve the
Resolution of Need and Necessity and authorize the Mayor and City Clerk to execute
same.
ANALYSIS:
The widening of Ellis Avenue is an integral part of the implementing of the Holly
Seacliff Development Plan from Golden West Street to west of Edwards Street. The
precise street alignment of Ellis Avenue was approved by Council on December 16,
1991 by Ordinance #3127. The City's Real Estate Division has acquired all the
properties necessary for this widening with the exception of a AP #110-153-16,
l I0'=16'5-17; 23-.,and #110-186-17, which are necessary for this right-of-way
widening. The property was appraised in the amount of $10,000 per lot.
The Real Estate Services Division, together with outside legal services, Rutan and
Tucker, has been negotiating with the owners for the required parcels since the first
offer to purchase was mailed to the owners, Mr. Milton H. Marow and Mr. Duane W.
Woolpert, on April 2, 1992. To date we have been unable to negotiate an agreement
with either Mr. Marow or Mr. Woolpert. The next step in the acquisition process is
the request for the Resolution of Need and Necessity.
y
Din C.lDC.
January 1994
Page (2)
FUNDING SOURCE:
$10,000 per lot + costs paid for by Seacliff Partners, Account #E-SF-AS-179-44-00.
ALTERNATE ACTION:
Do not widen and improve this portion of the right-of-way.
ATTACHMENT:
1. Proposed Resolution
2. Plat Maps
0099U
RESOLUTION NO. 6554
A RESOLUTION OF PUBLIC NECESSITY OF THE
CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA
APPROVING THE ACQUISITION OF CERTAIN REAL PROPERTY
TO PERMIT STREET WIDENING
WHEREAS, by Ordinance No. 3128 on March 16, 1992,the City Council of the City of
Huntington Beach(the "City") adopted the Ellis Avenue Right of Way Project, P.W. #91-27 (the
"Project"); and
The City Council is authorized under Government Code sections 37350.5 and 40404 to
utilize the power of eminent domain to acquire real property for the purpose of installing,
constructing and widening public streets, for installing traffic circulation utilities and for related
public purposes; and
Real property (the "Property")known as Assessor's Parcel Numbers 110-153-16;
110 186-17; 110-165-17; and 110-165-23, which real property is more particularly described in
the legal descriptions attached hereto as Exhibit"A" and by this reference incorporated herein, is
adjacent to 'Ellis Avenue in the City; and
The City Council has determined that it is in the interest of the City to widen Ellis
Avenue to its maximum width in accordance with the Project; and
Pursuant to Government Code Section 65402, on September 8, 1993,the Planning
Commission of the City of Huntington Beach adopted General Plan Conformance No. 93-7(A),
and Resolution No. 1485(A), stating the findings and determinations of the Planning
Commission that the location, purpose, and extent of the proposed acquisition of the Property
conforms with the City's General Plan; and
All persons whose names and addresses appear on the last equalized assessment roll for
the Property were given notice of the intention of the City to adopt a Resolution of Public
Necessity and to direct the institution of eminent domain proceedings, and informing them of
1
4\s\PubNeces\12/22/93
their right to be heard on said matter pursuant to the Code of Civil Procedure Section 1245.235;
and
To the extent the Property includes portions of parcels which will not be used for the
Project, those unused portions are remainders or portions thereof that will be left in such size,
shape, or condition as to be of little market value. Accordingly, those portions are remnants as
defined in Code of Civil Procedure Section 1240.410(a). The City is authorized to acquire
remnants through the exercise of the power of eminent domain by Code of Civil Procedure
Section 1240.410(b).
A public hearing was held by the City Council on January 18, 1994, at which the matter
set forth above and in Code of Civil Procedure Section 1240.030 were discussed, including the
following matters: (a) whether the public interest and necessity require the acquisition of the
Property; (b) whether the street widening is planned or located in the manner that will be most
compatible with the greatest public good and the least private injury; (c)whether the Property is
necessary for the street widening project; and (d)whether an offer of just compensation pursuant
to Government Code Section 7267.2 has been made to the owner or owners of record;
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
Section 1: That the above Recitals are all true and correct and are incorporated
herein.
Section 2: That the City Council does hereby find and determine:
A. That the City Council, pursuant to Government Code Sections 37350.5
and 40404(a) is empowered to condemn any property necessary to carry
out the public purposes of the Project.
B. That the public interest and necessity require construction and completion
of the Project. The Project is mandated by the City's General Plan and the
City's Zoning Ordinances identifying the Property as a necessary site for
such street widening.
2
4\s\PubNeces\12/22/93
6554
C. That the proposed Project is planned and located in a manner that will be
most compatible with the greatest public good and least private injury.
D. That the acquisition of the Property, other than portions of the Property
which are uneconomic remnants, described in Exhibit "A" attached hereto
is necessary to permit construction and completion of the Project. Without
inclusion of the Property, the Project could not be completed.
E. That EIR 89-1 is a Program EIR and that no new environmental effect
could occur and no new mitigation measures will be required beyond those
identified in EIR 89-1.
F. That the mitigation measures identified in EIR 89-1 that apply to street
widening have been incorporated into the Project.
G. That the street widening to be accomplished by the Project is itself a
mitigation measure identified by EIR 89-1.
H. That offers of just compensation pursuant to Government Code
Section 7267.2 have been made to all owners of record of the Property,
that reasonable diligence has been used to locate every interested owner,
and that the City's offers of just compensation were based on appraisals of
the Property, and that the City's offers were for the full appraised amount.
I. That due to the refusal of the owners of record to accept the City's offers
of just compensation,the Project cannot be completed except by the City
Council's power of eminent domain.
J. That the public interest and necessity require acquisition of an easement
for street and public utility purposes and that such acquisition is necessary
for the Project.
i
K. That the Property, acquisition of which is required for the public interest
and necessity,
_ ty, is situated in the City of Huntington Beach, County of
Orange, State of California, and is more particularly described in the legal
3
4\s\PubNeces\12/22/93
6554
description s attached hereto as Exhibit "A",previously incorporated
herein.
I. That the portions of the parcels to be taken which are not needed for street
widening are remainders or portions thereof that will be left in such size,
shape, or condition as to be of little market value. Accordingly, those
portions of the Property are remnants pursuant to Code of Civil Procedure
Section 1240.410(a).
Section : The City Attorney, in conjunction with special counsel, the law firm of
Rutan& Tucker, is hereby authorized and directed to commence an action in the Superior Court
of the State of California in and for the County of Orange, in the name and on behalf of the City
against those persons who appear as owner or owners of record or who are known to have any
claim or interest in the Property for the purpose of acquiring the property by eminent domain for
the public use described herein,to make application for possession of the Property prior to
judgment, and to do all things necessary to prosecute the action to its final determination in
accordance with the provisions of law applicable thereto.
Section : City Council staff is hereby authorized and directed to take any
appropriate action consistent with the purposes of this Resolution, including but not limited to
the withdrawal of necessary sums to deposit with the court as the probable amount of
compensation that will be awarded in the eminent domain proceedings to acquire the Property.
i
I
i
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4\s\PubNeces\l 2/22/93
6554
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Huntington
Beach at a regular meeting held on this 18th day of January , 1994.
Mayor
ATTEST; APPROVED AS TO FORM:
City Clerk �L-�1-13 City Attorney `_a3
671
REVIEWED AND APPROVED: INI IATEFANtlj/ PROVED:
City A i istrator Direct4 of Public Works
APPROVED AS TO FORM:
Special Counsel
Rutan & Tucker
5
4\s\PubNeces\12/22/93
6554 \
Res. No. 6564
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected,qualified City Clerk of the
City of Huntington Beach, and.ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven;that the foregoing resolution was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council at a regular
meeting thereof held on the 18th day of January , 1994 ,
by the following vote:
AYES: Councilmembers:
Silva, Bauer, Robitaille, Moulton-Patterson, Winchell, Leipzig, Sulliva
NOES: Councilmembers:
None
ABSENT: Councilmembers:
None
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
EXHIBIT "A"
AP #110-153-16 Lots 54_& 55, Tr. 32, Miscellaneous Maps 9-31
AP #110-186-17 Lot 54, Tr. 45, Miscellaneous.Maps 9-34
AP #1-10-165-17 .Lot 53,.B1k. A, Tr. 44, Miscellaneous Maps 9-45
AP #110-165-23 ..Lot 59,.Blk. A,-Tr. 44, Miscellaneous Maps 9-45
0 173U
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HCITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
TO: Honorable Linda Moulton-Patterson, Mayor and
Members of the City Council
FROM: Gail Hutton, City Attorney
DATE: January 3, 1994
SUBJECT: Mayor's Statement Before Hearing on
Eminent Domain Resolution
Council Meeting January 18, 1994
Agenda Item
Before the hearing on the Resolution of Necessity at the City Council meeting on January 18,
1994, the Mayor should announce the following:
1. This agenda item is a special public hearing held under Code of Civil Procedure
Section 1245.235.
2. The subject matter of this special public hearing is limited to the following items:
A. Whether the public interest and necessity require the proposed project, which is
the widening of the north one-half of Ellis Street between Edwards and Gothard
Avenues in the City of Huntington Beach.
B. Whether the project is planned or located in the manner that will be most
compatible with the greatest public good and the least private injury.
C. Whether the property described in the resolution is necessary for the proposed
project.
3. The amount of compensation is not at issue during this public hearing. It will be decided
by the courts at a later date, should the resolution be adopted.
4. A two-thirds majority is required to adopt the resolution.
Gail Hutton
City Attorney
4\s\Mayor's Statement\01/03/94
OFFICE OF
CITY ATTORNEY
20M MAIN STREET
HUNTINGTON BEACH
CALIFORNIA 9264%
GAIL HUTTON TELEPHONE
City Attorney (714)636Z555
FAX 714 374-1600
THE CITY OF HUNTINGTON BEACH'S NOTICE OF INTENT
TO ADOPT A RESOLUTION OF NECESSITY TO ACQUIRE
CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY
BY EMINENT DOMAIN
Re: Property Acquisition, Assessor's Parcel No. 110-165-17, 110415-23
Duane V. Woolpert
2399 E. Pacific Coast Highway
Long Beach, California
California Code of Civil Procedure, Section 1240.030,provides that the power of eminent
domain may be exercised to acquire property for a proposed project if the following conditions
are established:
(a) The public interest and necessity require the project.
(b) The project is planned or located in the manner that will be most compatible with
the greatest public good and the least private injury.
(c) The property sought to be acquired, other than portions of the property which are
uneconomic remnants, is necessary for the project.
(d) The offer required by Section 7267.2 of the Government Code has been made to
the owner of record.
(e) The portions of the parcels to be taken which are not needed for street widening
are remainders or portions thereof that will be left in-such size, shape, or condition,
as to be of little market value. Accordingly, those portions of the property are
remnants pursuant to Code of Civil Procedure Section 1240.410(a).
This letter is to notify you that the City Council of the City of Huntington Beach, at its
meeting to be held on January 18, 1994, will be asked to decide if the above conditions are met
4\s\1'ubNeces\12/22/93
concerning your property and, if so,to adopt a Resolution of Necessity. Questions regarding the
amount of compensation to be paid are not part of this proceeding and the City Council does not
consider such questions in determining whether a Resolution should be adopted.
The Resolution, if adopted, will authorize the City to acquire your property by eminent
domain. A description of the required property is attached to this Notice and is marked
Exhibit A.
If you file a written request to appear(within 15 days from the mailing date of this
Notice) you are entitled to appear and object to the adoption of the Resolution. Objections are
limited as set forth above in paragraphs(a)through(e). All requests to appear should be sent for
filing to:
i
Connie Brockway, City Clerk
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Failure to file a timely written request will result in a waiver of your right to appear and
be heard. If you do not appear at the hearing and present facts and arguments for or against the
adoption of the resolution you may be precluded from presenting such evidence in court in a
subsequent eminent domain proceedings
The City Council must adopt a Resolution of Necessity before an eminent domain
proceeding can commence. Within six months of the adoption of the Resolution of Necessity,
the City will commence eminent domain proceedings in the Superior Court in the County where
the property is located. In that proceeding,the.Court will determine the amount of compensation
to which you are entitled.
The initiation of formal eminent domain proceedings in no way prevents further
negotiations from occurring for the acquisition of your property and the City is most willing to
continue such negotiations.
4\s\PubNeces\12/22/93
If you have any questions,please call Mr. Dan Brennan at(714) 536-5273.
Date: December/ 1993 B _x
GAIL HUTTON ?� ► Z�-a 3
City Attorney
4\s\PubNeces\12/22/93
EXHIBIT "A"
AP #110-153-16 Lots 54 & 55, Tr. 32, Miscellaneous Maps 9=31
AP #110-186-17 Lot 54, Tr. 45, Miscellaneous Maps 9-34
AP #1 10-165-.17 Lot 53; Blk. A, Tr. 44, Miscellaneous Maps 9-45
AP #110-165-23 Lot 59, Blk. A, Tr. 44, Miscellaneous Maps 9-45
0 173U
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TR. NO.45 M.M. 9-54 SHOWN /N CIRCLES COUNTY OF ORANGE
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MARCH 1951 TR. NO. 44 A/.M. 9—45 NOTE — ASSESSOR'S BLOCKS ASSESSOR'S MAP
PARCEL NUMBERS BOOK I10 PACE 16
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1 This Map- is for Infnrma!i, ,)nit ,m
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OFFICE OF
CITY ATTORNEY
rr�� 2000 MAIN STREET
HUNTINGTON BEACH
CALIFORNIA 9264%
GAIL HUTTON TELEPHONE
City Attorney (714)686fZ65
FAX 714 374-1500
THE CITY OF HUNTINGTON BEACH'S NOTICE OF INTENT
TO ADOPT A RESOLUTION OF NECESSITY TO ACQUIRE
CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY
BY EMINENT DOMAIN
Re: Property Acquisition, Assessor's Parcel No. 110-186-17, 110-153-16
Milton H. Marow
864 N. Bundy Drive
Los Angeles, California 90049
California Code of Civil Procedure, Section 1240.030, provides that the power of eminent
domain may be exercised to acquire property for a proposed project if the following conditions
are established:
(a) The public interest and necessity require the project.
(b) The project is planned or located in the manner that will be most compatible with
the greatest public good and the least private injury.
(c) The property sought to be acquired, other than portions of the property which are
uneconomic remnants, is necessary for the project.
(d) The offer required by Section 7267.2 of the Government Code has been made to
the owner of record.
(e) The portions of the parcels to be taken which are not needed for street widening
are remainders or portions thereof that will be left in such size, shape, or condition
as to be of little market value. Accordingly,those portions of the property are
remnants pursuant to Code of Civil Procedure Section 1240.410(a).
4\s\PubNeces\12/22/93
This letter is to notify you that the City Council of the-City of Huntington Beach, at its
meeting to be held on January 18, 1994, will be asked to decide if the above conditions are met
concerning your property and, if so, to adopt a Resolution of Necessity. Questions regarding the
amount of compensation to be paid are not part of this proceeding and the City Council does not
consider such questions in determining whether a Resolution should be adopted.
The Resolution, if adopted, will authorize the City to acquire your property by eminent
domain. A description of the required property is attached to this Notice and is marked
Exhibit A.
If you file a written request to appear(within 15 days from the mailing date of this
Notice) you are entitled to appear-and object to the adoption of the Resolution. Objections are
limited as set forth above in paragraphs(a)through(e). All requests to appear should be sent for
filing to:
Connie Brockway, City Clerk
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Failure to file a timely written request will result in a waiver of your right to appear and
be heard. If you do not appear at the hearing and present facts and arguments for or against the
adoption of the resolution you may be precluded from presenting such evidence in court in a
subsequent eminent domain proceedings
The City Council must adopt a Resolution of Necessity before an eminent domain
proceeding can commence. Within six months of the adoption of the Resolution of Necessity,
the City will commence eminent domain proceedings in the Superior Court in the County where
the property is located. In that proceeding, the Court will determine.the amount of compensation
to which you are entitled.
The initiation of formal eminent domain proceedings in no way prevents further
negotiations from occurring for the acquisition of your property and the City is most willing to
continue such negotiations.
4\s\PubNeces\1 M2/93
If you have any questions, please call Mr. Dan Brennan at(714) 536-5273.
Date: December? 1993 By: '
U`AIL HUTTON
City Attorney
4\s\PubNeces\12/22/93
EXHIBIT "A"
AP #110-153-16 Lots 54 be 55, Tr. 32, Miscellaneous Maps 9-31
AP #110-186-17 Lot 54, Tr. 45, Miscellaneous Maps 9-34
AP #110-165-17 Lot 53, Blk. A, Tr. 44, Miscellaneous Maps 9-45
AP #110-165-23 Lot 59, Blk. A, Tr. 44, Miscellaneous Maps 9-45
0 173U
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MARCH /95/ TR. NO.'B M.N. 9-7 PARCEL NUMBERS ROOK 110 PACE 19
TR. NO. 45 M.M. 9-54 SHOWN /N CIRCLES COUNTY OF ORANGE
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MARCH /95/ TR. NO. 44 A/.M. 9-45 NOTE - ASVESSOR'S BLOCKS ASSESSORS MAP
PARCEL NUMBERS BOOK 110 PAGE 16
SHOWN /N CIRCLES COUNTY Of ORANGE
first Am scan I;tle (;r.)11vilir
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n= =0 CITY OF HUNTINGTON BEACH Cj 3 —�� b REQUEST FOR LEGAL SERVICES RLS No.
�^ A
iitJtvl !h' �j;FF=ACN Gail Hutton, City Attorney Assn To
Date
Date Request made by Telephone Department
12/10/93 BOB FRANZ/Dan M. Brennan 5445 Administrative Services
INSTRUCTIONS: File request in the City Attorney's Office. Outline reasons for this request and state
facts necessary for City Attorney to respond. Please attach all pertinent information and exhibits.
TYPE OF LEGAL SERVICES REQUESTED:
[ ] Ordinance [ ] Opinion [ ] Stop Notice
x[q Resolution of Necessity [ ] Lease [ ] Bond
[ ] Meeting [ ] Contract/Agreement [ ] Deed
[ ] Court Appearance [ ] Insurance [ ) Other
Is Request for Preparation of Contract form attached? [ ] Yes [ ] o
Are exhibits attached? FM Xes o
If for Council action, If not for Council action, S' of �ntHead
Agenda deadline desired completion date
Council Meeting
COMMENTS: R utin
Could you please draft a resolution of necessity at the earlist
on the following parcels:
PDA
AP #110-153-16 Woolpert
AP #110-165-17 & 23 Woolpert
AP #110-186-17 Ma.row- JCB
AJF
SL
ADL
TM
WBS
RCS
WSA -
93-826
This Request for Legal Services has been assigned to attorney P A U L D ' A L E S S A N D P.0 12/13/9 3
telephone extension His/her secretary is Sara"i a n e . extension 5 5 5 8
Keep the goldenrod copy for your files. Please reference the above RLS number for inquiries.
Notes-
Filename Date completed:
WP No.
RCS 2/28/92 Rev.