HomeMy WebLinkAboutCC Res 5404 2005-11-14
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RESOLUTION NUMBER 5404
A RESOLUTION NUNC PRO TUNC CORRECTING
CLERICAL ERROR IN RESOLUTION NUMBER 5352
REGARDING IMPROVEMENTS TO THE WEST END
PUMP STATION
I
THE CITY OF SEAL BEACH DOES HEREBY FIND, DETERMINE, ORDER AND
RESOLVE AS FOLLOWS:
Section 1. On June 13, 2005, the City Council adopted Resolution No. 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 Expansion of the West End Pump Station."
Section 2. Due to a clerical error, Exhibit A, the legal descriptions of the subject
property interests that are to be acquired, and Exhibit B, diagrams of the subject property
interests, were not attached in their entirety to Resolution No. 5352. Exhibit A of
Resolution No. 5352 contains four legal descriptions. Exhibit B of Resolution No. 5352
contains four diagrams. However, only one legal description was included in the Exhibit
A that was attached to Resolution No. 5352; and only one diagram was included in
Exhibit B. In addition, Exhibit A and Exhibit B are mistakenly referred to as Exhibit 1
and Exhibit 2, respectively, in Section 3 of Resolution 5352.
I
Section 3. Based upon the foregoing, the City Council hereby adopts the nunc pro
tunc correction to Resolution Number 5352 so that Exhibits A and B are attached in their
entirety and the Exhibits are correctly labeled as Exhibits A and B.
Section 4. Attached as Attachment 1 is a copy of Resolution Number 5352 with all
clerical errors corrected and the correct exhibits attached.
Section 5. The City Council hereby directs the City Clerk to replace the incorrect
version of Resolution Number 5352 with the correct version attached hereto as
Attachment 1.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach
this 14th day of November, 2005 by the following vote:
AYES: Council Members (h.tik/ ~A...a.-IJnI~J ~~
NOES: Council Members ~
ABSENT: Council Members ~~/
ABSTAIN: Council Members lA.:it
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&-L ~~
Mayor
ATTEST:
/it"
",th.
City lerk
J)f/JV~I
Resolution Number 5404
ST ATE OF CALlFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that I
the foregoing Resolution is the original copy of Resolution Number 5404 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 14th day of November ,2005.
~ fJr~1
C y Clerk
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fn)"CORRECT CLERICAL ERRORS
:-;'-**REVISED RESOLUTION NUMBER 54ii4**~
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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
eminent domain by California Constitution Article 1, Section 19,
California Govemment 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 aI, 144 square foot
land area to be purchased in fee; a perm!lI1ent 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 nsage of
1,004 square feet, for a period not to exceed twenty-four (24) months. The
subj ect 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 "1" to this Resolution and the Subject Property Interests are
depicted on the diagram attached as Exhibit "2" 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 &
Associates; and
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
I
5. The City addressed each of these concerns within the Initial Study/Negative
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
substantially revised 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 mitigation 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 I
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.
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;
B. The Project is planned and located in the manner that will be most
compatible with the greatest public good and least private injury;
Resolution Number 5352
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.
Section 8.
The City has complied with the notice requirements of Code of Civil
Procedure Section 1245.235.
I
Section 9.
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 10. 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 11. This Resolution shall take effect upon adoption.
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 by the following vote:
AYES:
Council members _Q~
I
ABSENT:
Council members
~O/l/.1Ih-] cI!r/)d!
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10~)1j
'lj<fftor
~Lv~ a-B
Mayor
yP~n
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NOES:
Council members
ABSTAIN:
Council members
~T: a
)4 t, /~I
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) 55
CITY OF SEAL BEACH )
I
I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that
the foregoing resolution is an 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.
~.Jl~. Ut0.1
~lerk
Resolution Number 5352
Coast Surveying. Inc.
Man:h 9, 2005
EXHIBIT A
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 BETWEEN 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 LINE
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 RECORDED 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 45.69 FEET; THENCE SOUTH 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.
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DATED THIS 9TH DAY OF MARCH, 2005.
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GWEN-VERA DEL CASTillO, PlS 5108
REGISTRATION EXPIRES 6/30/07 .
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1'l11141)1IJ ,11,1' 7242..()!:!..(IOJ
Resolution Number 5352
COUl Surveyin.. Inc:.
"""'9.2005
EXHIBIT A-2
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 LOS
ANGELES COUNTY AND THAT PORTION OF PARCEL 1, IN THE CITY OF SEAL BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN
BOOK 32, PAGE 16 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF
SAID ORANGE COUNTY, DE~CRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE BOUNDARY BETWEEN 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; THENCE
NORTH 48039'20. EAST 22.43 FEET; THENCE SOUTH 41"20'40" EAST 35.45 FEET; THENCE
SOUTH 411"39'20. WEST 22A3 FEET TO THE SOUTHWESTERLY LINE OF PARCEL 1 OF
SAID PARCEL MAP; THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 41"20'40.
WEST 23.82 FEET TO THE POINT OF BEGINNING.
CONTAINING 795 SQUARE FEET, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT D ATTACHED HERETO AND MADE A
PART HEREOF.
DATED THIS 9" DAY OF MARCH, 2005.
I ~F1YIk",-J,j~
GWEN-VERA DEL CASTILLO. PLS 5108
REGISTRATION EXPIRES 6130/07
JI\.I 104019 :-'I~ur""
I
Resolution Number 5352
Caul Survcyina. Inc.
Mon:h 9. 2005
EXHIBIT A-3
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 LOS
ANGELES COUNTY AND THAT PORTION OF PARCEL 1, IN THE CITY OF SEAL BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN
BOOK 32, PAGE 16 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF
SAID ORANGE COUNTY, DEf!CRIBED AS FOLLOWS:
BEGINNING 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 6O.06.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
RECORDED SEPTEMBER 15~ 1952 IN BOOK 2363, PAGE 12 OF OFFICIAL RECORDS OF
SAID ORANGE COUNTY; THENCE ALONG SAID SOUTHEASTERLY LINE NORTH 54"58'05"
EAST 55.92 FEET: THENCE SOUTH 41"17'08" EAST 93.87 FEET; THENCE SOUTH 38"42'34"
WEST 56.33 FEET TO THE SOUTHWESTERLY LINE OF SAID PARCEL 1 OF SAID PARCEL
MAP: THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 41"20'40" WEST 49.69 FEET
TO THE POINT OF BEGINNING.
CONTAINING 5,654 SQUARE FEET, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT F ATTACHED HERETO AND MADE A
PART HEREOF.
1
DATED THIS 9"' DAY OF MARCH, 2005.
I.
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GWEN-VERA DEL CASTILLO, PLS 5108
REGISTRATION EXPIRES 6130/07
IN IQ.l(J1Q 11"1
1
Resolution Number 5352
Caut SUl"Ycyu.I.Inc.
M...h 9, ZOOS
EXHIBIT A-4
1
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 BETWEEN 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 60.06 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
RECORDED SEPTEMBER 15, 1952 IN BOOK 2383, PAGE 12 OF OFFICIAL RECORDS OF
SAID ORANGE COUNTY; THENCE ALONG SAID SOUTHEASTERLY LINE NORTH 54"58'05"
EAST 55.92 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 41"17'06" EAST
41.76 FEET; THENCE NORTH 48"42'54" EAST 24.84 FEET: THENCE NORTH 41"17'06" WEST
39.04 FEET TO SAID SOUTHEASTERLY LINE; THENCE AlONG SAID SOUTHEASTERLY
LINE SOUTH 54"58'05" WEST 24.99 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 1,004 SQUARE FEET, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT H ATTACHED HERETO AND MADE A
PART HEREOF.
1
DATED THIS 9'. DAY OF MARCH, 2005.
~-\kr~ckf~:!;iL
GWEN.VERA DEL CASTILLO, PLS 5108
REGISTRATION EXPIRES 6130107
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