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Home My WebLink AboutCC Res 5352 2005-06-13 I Resolution Number 5404 - Correcting Resolution Number 5352 ATTACHMENT 1 RESOLUTION NUMBER 5352 A RESOLUTION OF NECESSITY OF THE CITY OF SEAL BEACH DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE IMPROVEMENTS TO THE WEST END PUMP STATION THE CITY OF SEAL BEACH DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: Section 1. Section 2. Section 3. I Section 4. I The City of Seal Beach is a municipal corporation, in Orange County, State of California. The real property interests described in Section 3 of this Resolution are to be taken for a public use, namely for the expansion of the West End Pump Station and all uses necessary or convenient thereto, pursuant to the authority conferred upon the City of Seal Beach to acquire property by erninent domain by California Constitution Article 1, Section 19, California Government Code sections 37350, 37350.5, 37351, 40401, and 40404 and California Code of Civil Procedure Section 1230.010 et seq., including but not limited to Sections 1240.010 through 1240.050, 1240.110, 1240.120, 1240.410, 1240.510, 1240.610, 1240.650, and other provisions oflaw. The real property interests the City seeks to acquire are a 1,144 square foot land area to be purchased in fee; a permanent subsurface easement consisting of 795 square feet; a temporary construction easement allowing the usage of 5,654 square feet of the Subject Property (which includes the area of the fee taking and the subsurface easement area plus an additional 3,715 square feet) for a period not to exceed twenty-four (24) months; and a temporary relocation site for satellite dishes consisting of the usage of 1,004 square feet, for a period not to exceed twenty-four (24) months. The subject property interests will be acquired from the real property commonly known as 333 First Street, and identified as Assessor's Parcel Number 742-012-003 in connection with the expansion of the West End Pump Station in the City of Seal Beach ("Subject Property Interests''). The legal description of the Subject Property Interests is attached as Exhibit "A" to this Resolution and the Subject Property Interests are depicted on the diagram attached as Exhibit "B" to this Resolution. Both Exhibits are incorporated herein by this reference. The Subject Property Interests are required to facilitate the West End Pump Station Reconstruction Project ("Project"), which is a public use. The proposed Project focuses on improving the efficiency and capacity of the pump station to upgrade the flood protection of the existing watershed. Although the pump station or storm water facilities are not explicitly identified as permitted uses, these types of uses are a necessary and anticipated part of residential development. The proposed pump station improvements are intended to reduce flooding risks for existing development within the drainage area. The proposed uses are considered consistent with applicable City land use plans and policies. The proposed expansion to the West End Pump Station requires the acquisition of the SUbject Property Interests. The Project proposes to upgrade an existing storm water pump station to accommodate the 25-year storm event and reduce flooding risks to existing development. The public interest and necessity require the proposed Project to increase the reliability of the pump station, and to provide increased capacity. Resolution Number 5352 Section 5. The potential environmental impacts of the proposed Project were studied and analyzed by Culbertson, Adams & Associates who prepared an Initial StudyIMitigated Negative Declaration ("Mitigated Negative Declaration''). The Negative Declaration was prepared in accordance with the requirements of the City of Seal Beach's procedures for the implementation of the California Environmental Quality Act ("CEQA"), particularly CEQA Guidelines Section 15063. After considering the substantial evidence on the record before it, including without limitation, the draft Mitigated Negative Declaration, staff reports, and both oral and written testimony, at its June 14, 2004 meeting, the City Council adopted the Mitigated Negative Declaration through Resolution No. 5250. In adopting the Mitigated Negative Declaration the City Council made the following findings: I 1. That staff prepared and circulated an Initial Environmental Assessment and proposed Mitigated Negative Declaration as required by CEQA. The City received comments from various agencies, departments and officers during the comment period on the subject Mitigated Negative Declaration; and 2. The City's consultant, Culbertson, Adams & Associates prepared a "Responses to Comments for Initial StudyIMitigated Negative Declaration, West End Pump State Reconstruction Project Mitigated Negative Declaration" document to all the above-referenced comments on the subject Initial StudyIMitigated Negative Declaration, a copy of which was provided to the City Council; and 3. The Environmental Quality Control Board reviewed the subject Initial Environmental Assessment and proposed Mitigated Negative Declaration on March 31, 2004, and also provided comments, which were responded to in the "Responses to Comments" document prepared by Culbertson, Adams & i\ssociates; and I 4. The City Council considered the adoption of the subject Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, and Responses to Comments documents, along with a Staff report on June 14, 2004, and received additional public comments; and 5. The City addressed each of these concerns within the Initial StudyINegative Declaration document. Moreover, although CEQA does not require responses to comments made concerning a negative declaration, the City responded in writing to comments received, in its "Responses to Comments for Initial StudyIMitigated Negative Declaration, West End Pump Station Reconstruction Project Mitigated Negative Declaration" document dated June 2004. 6. There was no evidence presented that the Mitigated Negative Declaration was su~stantially r~vised so as to require recirculation. In adopting Resolution No. 5250, the City Council found that (1) there was substantial evidence on the record that the Project may have a significant impact on the environment, but that rnitigation measures imposed would avoid or mitigate the effects to a point where clearly no significant effect would occur, (2) there was no substantial evidence in the record that any significant effect would remain after mitigation, and (3) that approval of the Project involved no potential for adverse effects, either individually or cumulatively, on wildlife resources and would not have an adverse impact on fish and wildlife. I Section 6. The City Council of the City of Seal Beach hereby finds and determines that: A. The public interest and necessity require the Project; Resolution Number 5352 B. The Project is planned and located in the manner that will be most cornpatible with the greatest public good and least private injury; C. The property described on Exhibits "A" and "B" attached hereto is necessary for the proposed project; D. The offer required by Section 7267.2 of the Govemment Code was made to the owners of record. I Section 7. The City has complied with the notice requirements of Code of Civil Procedure Section 1245.235. Section 8. The findings and declarations contained in this Resolution are based upon the record before the City Council on June 13, 2005, which includes the Staff Report dated June 13, 2005 and all documents referenced therein, including the environmental documents referenced above, and any testimony, records, and documents produced at the hearing, all of which are incorporated herein by this reference. Section 9. The City Council of the City of Seal Beach hereby authorizes and directs the City Attorney and staff to take all steps necessary to commence and prosecute legal proceedings in a court of competent jurisdiction to acquire by eminent domain the property described on Exhibits "A" and "B" attached hereto. Section 1 O. This Resolution shall take effect upon adoption. I PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach this 13th day of June , 2005 by the following vote: AYFS Co."uM=b.,(t.im ~ c1rfitt, ~Jf~ NOES: Council Members __~ ABSENT: Council Members ABSTAIN: Council Members ~~ Mayor ATTEST: ;J, Jo~ JJ.//JIhI ~ Clerk I STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing Resolution is the original copy of Resolution Number 5352 on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach at a meeting thereof held on the 13th day of June, 2005. li~ J~ ity lerk Resolution Number 5352 Coast Surveying. Inc. Man:.h9.1OOS EXHIBIT A-l I THAT PORTION OF LOT 2 IN TRACT NO. 1077, IN THE CITY OF LONG BEACH, COUNTY OF LOS ANGELES. STATE OF CALIFORNIA, AS SHOWN ON A MAP, RECORDED IN BOOK 18, PAGE 195 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE BOUNDARY BElWEEN THE COUNTIES OF LOS ANGELES AND ORANGE, AND THE NORTHEASTERLY LINE OF THE 200.00 FOOT WIDE PACIFIC ELECTRIC RAILWAY COMPANY RIGHT OF WAY AS SAID INTERSECTION IS SHOWN ON A MAP FILED IN BOOK 90, PAGES 23 TO 30 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY; THENCE ALONG SAID NORTHEASTERLY RIGHT OF WAY LINE, NORTH 41"20'40" WEST 11.63 FEET TO THE TRUE POINT OF BEGINNING: THENCE CONTINUING ALONG SAID NORTHEASTERLY UNE NORTH 41"20'40" WEST 48.43 FEET TO THE SOUTHEASTERLY LINE OF THE 400,00 FOOT WIDE CHANNEL OF THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT AS DESCRIBED IN PARCEL 8 IN SUPERIOR COURT CASE NO. 231287 IN AND FOR THE COUNTY OF LOS ANGELES, A COpy OF WHICH WAS RECOROED SEPTEMBER 15, 1952 IN BOOK 2383, PAGE 12 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY: THENCE ALONG SAID SOUTHEASTERLY LINE NORTH 54058'05" EAST 26.30 FEET; THENCE SOUTH 36041'05. EAST 45.89 FEET; THENCE SOllTH 48039'20. WEST 22.43 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 1,144 SQUARE FEET. MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. .~Ne/Il-~~J I DATED THIS 9"" DAY OF MARCH, 2005. GWEN-VERA DEL CASTILLO, PLS 5108 REGISTRATION EXPIRES 6/30107 J~ 111,*)111.""724J-012-OD;; I Resolution Number 5352 I 'Q l:). ~,~'<- ~\.. <(-. <.o~ C). v~ \'1, s~~ 1Jf')'?)X R.S. 00/23-30 LOT 2 TRACT ]\b. -077 MB. -J8tJ06 ~-{ ~~Q~~'\-{ -{ ~o (Jof~ ,\~,<-~\..~":J U ~, ~-{ '\~~~~ ~~f( :~~~~Q~~Q so'\,. "o,'\-{ ~\..-{ ~~'\-{ v~ ~ c; , ~~~ (Jo ~(J~ ( ~~/~":> v~ ~~ /~,<-'\o{\ ~~~":>~~\.. , ~~~ 0<( ,,~\..~,\-{ /' LOS ANGELES CO. AP NO. 7242-012-003 // /' , PCL -J P.MB. 32tJ6 I T.P.O.B. /,' /", , /' <;;)0 'j; .() .~ ,;~ 0"" (9-9:~-il- ~ ~Q11)- 9"9" "'e ('0 a 0. 'C"""- <?z 'C".o. ~ (S\ ORANGE CO, AP NO. 043-160-50 VICINITY MAP N.T.S, a: I I o BEARING~SlANCE ./. ~ , 1 N41' 2(!)' 40' W 48. 4'9' , , , 2 NS4'58:0S'[ 26.30' 3 S36'/4 i" OS' E ,4S. 69\ 4 S4S"39' 20' W 22. 43' 5 N41 '~\(20' 40' W . .11. 63: ': . . - , "'oi .y'cJ:!?c lI-oi)-COoiS,. JOB : 104 079 DATE: 2 18 05 SCALE: '''-20' SHEET 1 OF' 1 EXHIBIT B CITY OF S AL BEACH PUMP STATION COAST SURVEYING. INC. 15031 PARlCWAY LOOP. SUITE 8 TUSTIN. CA 12710-8527 (714) 118-1211