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HomeMy WebLinkAboutCC AG PKT 2005-06-13 #NN S 5 5e- AGENDA REPORT DATE: June 13, 2005 Q ✓ TO: Honorable Mayor and City Council C jyr�.if'`'" ✓ ' THRU: John 13. Bahorski, City Manager u FROM: Mark K. Vukojevic, P.E. Director of Public Works /City Engineer SUBJECT: CONSIDERATION OF ADOPTION OF RESOLUTION OF NECESSITY FOR THE ACQUISITION IN EMINENT DOMAIN OF REAL PROPERTY INTERESTS AT APN 7242 - 012 -003, IN CONNECTION WITH THE EXPANSION OF THE WEST END PUMP STATION SUMMARY OF REQUESTS: The proposed City Council action will: Adopt Resolution of Necessity (Resolution No. ) and authorize the acquisition of the real property adjacent to the West End Pump Station Reconstruction Project ( "Project ") for public purposes; Open and conduct a hearing on the adoption of the proposed Resolution of Necessity; Receive from staff the evidence stated and referred to in this Report; Take testimony from any person wishing to be heard on issues A, B, C and D, below, and consider all the evidence to determine whether to adopt the proposed Resolution, which requires a 4 /5ths vote; Authorize the Mayor or City Manager to execute all necessary documents. If the City Council finds, based upon the evidence contained in and referred to in this Report, and the testimony and comments received in this hearing, that the evidence warrants the necessary findings with respect to the Resolution of Necessity, then the staff recommends that the City Council, in the exercise of its discretion, adopt the proposed Resolution No. (which requires a 4 /5ths vote of the entire Council) and authorize City staff and the City Attorney's office to take all necessary steps to file and prosecute an eminent domain proceeding to acquire certain real property interests in the real property commonly known as 333 First Street, Seal Beach, and identified as Assessor's {� Parcel Number 7242 - 012 -003 (referred to hereafter as "Subject Property Interests "). The J' Subject Property Interests are more fully described in the legal description attached as Exhibit "A" and depicted on the diagram attached as Exhibit "B" to the Resolution of t ) Necessity. Exhibits "A" and "13" are incorporated herein by this reference. Agenda Item N/v BACKGROUND: The West End Pump Station has been in service since 1959 to convey storm water to the San Gabriel River. The pump station is a critical element of the Seal Beach drainage system due to low elevations experienced in the western portion of the City. The existing pump station is old. Its design is not in accordance with current design standards. Furthermore, its capacity (111.4 cfs) is less than the peak flow from a 5 -year storm (157 cfs). In response to these concerns, the City is seeking to enhance the capacity of the West End Pump Station from 111 cfs to 251 cfs to provide protection equivalent to the 25 -year storm flow and to increase the reliability of the station. The Project proposes to renovate an existing pump station to accommodate the 25 -year storm event and reduce flooding risks to existing development. The Project will add two electric pumps directly adjacent to the existing pump facilities on the north side. Inlet to the new pump facility is provided through a 10 -foot wide and 5 -foot high box culvert from the wet well area of the existing pump station. A 208 square foot building will house the new pumps above an added wet well. A single 48 -inch diameter discharge pipe will be added to convey flows to the San Gabriel River. In addition, a low flow diversion system phase will be constructed to convey dry weather flows to the existing sewer system. The Project is located between the southeasterly levee of the San Gabriel River and First Street, northeasterly of Welcome Lane, in the City of Seal Beach. Although the pump is increasing in capacity, it is not serving any additional area. Instead, the pump is serving the current area more efficiently through the increase in capacity. There is no need to serve any area other than the currently protected area. The improvements proposed to the pump station focus on improving the efficiency and capacity of the site to upgrade the flood protection of the existing watershed. Accordingly, it is necessary that the City Council consider the attached Resolution of Necessity at this time. The City proposes to acquire the following interests in the property located at 333 First Street, and identified as Assessor's Parcel Number 7242 - 012 -003, in connection with the City's proposed expansion of the West End Pump Station: 1. A 1,144 square foot land area to be purchased in fee. 2. A permanent subsurface easement consisting of 795 square feet. 3. A temporary construction easement allowing the usage of 5,654 square feet of the Subject Property for a period not to exceed twenty -four (24) months. This square footage includes the area of the fee taking and the subsurface easement area plus an additional 3,715 square feet. 4. 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. Agenda Item ENVIRONMENTAL ANALYSIS The City studied and analyzed the potential environmental effects of the proposed Project pursuant to the requirements of the California Environmental Quality Act ( "CEQA "), Public Resources Code Section 21000, et seq., and the CEQA Guidelines, 14 Cal. Code Regs. Section 15000, et seq. It was determined that the Project will not have any significant effects on the environment if the mitigation measures proposed in the Initial Study /Mitigated Negative Declaration ( "Negative Declaration ") are adopted. On June 14, 2005, the City Council adopted the Negative Declaration through Resolution No. 5250. Furthermore, because the Project will not have a significant impact on the environment, an environmental impact report is not required. The following findings and recommendations were made: 1. Aesthetics • It was determined that the Project would have less than a significant impact on degrading the existing visual character or quality of the site and its surroundings. In order to ensure that the Project design will be compatible with the surrounding mobile home park and apartment complex, the following mitigation measure is recommended: Prior to approval of construction documents, project plans including building evaluations, wall details and landscaping shall be submitted for review and approval by the Director of Development Services to ensure the proposed design is compatible with adjacent development. 2. Geology and Soils It was also determined that the Project would have the effect of exposing people or structures to potential substantial adverse effects unless mitigation is incorporated. The Project itself will not expose people or structures to potential adverse effects, including the risk of loss, injury or death involving the rupture of a known earthquake fault, strong seismic ground shaking. seismic - related ground failure including liquefaction or landslides. However, the Project must adhere to the City's adopted Building Code regulations that pertain to mitigating the effects of fault ruptures and ground shaking or failures caused by a seismic event. The Project's geoteclmical report described principal known active faults that may affect the site. Fault ruptures and ground shaking or failures that are associated with a seismic event occurring along one of these faults or fault zones represents a significant impact unless mitigated by adhering to the recommendations contained within the Project geotechnical report. The potential for liquefaction represents a significant impact unless mitigated by adhering to Mitigation Measure G -1 described below: Mitigation Measure G -1: The city will comply with all recommendations identified within the Geotechnical Evaluation for the Seal Beach Stormwater Pumping Station Agenda Item dated June 21, 2001 prepared by Ninyo & Moore Geotechnical and Environmental Sciences. All recommendations of the certified geologist's analysis will be included in the final Project plans. The study also found that there is less than a significant impact that the Project will result in substantial soil erosion or the loss of topsoil. However, to ensure project erosion impacts are less than significant, the following mitigation measures are recommended: Prior to commencement of construction activities, the Project contractor shall submit a drainage and erosion control plan to the Director of Public Works for review and approval. Such plan shall clearly identify all best management practices to be implemented during construction and their location. Such plans shall contain provisions for specifically identifying and protecting all nearby drainage features to prevent construction related runoff and sediment from entering into these drainage features that ultimately deposit runoff into the Pacific Ocean. The drainage and erosion control plan should make it clear that: (a) dry cleanup methods are preferred wherever possible and that if water cleanup is necessary, all runoff shall be collected to settle out sediments prior to discharge from the site; all de- watering operations shall require filtration mechanisms; (b) concrete rinsates shall be collected and shall not be allowed into storm drains; (c) good construction housekeeping shall be required; and (d) all erosion and sediment controls shall be in place prior to commencement of grading and /or construction as well as at the end of each day. The study also determined that it was potentially significant that the Project will be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the Project, and potentially result in on or off -site landslide, lateral spreading, subsidence, liquefaction, or collapse unless Mitigation Measure G -1 is taken. 3. Hydrology and Water Quality The study found that there was Less than a significant impact that the Project would violate any water quality standards or waste discharge requirements. 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 overall amount of storm water discharged into the San Gabriel River will remain the same after implementation of the Project. However, the Project facilitates faster conveyance. No decrease in water quality will occur. Significantly, the proposed Project will result in an improvement of the storm water conveyed to the San Gabriel River over existing conditions. The study also found that the construction activities related to the Project would have a less than significant impact on stormwater runoff 4. Land Use and Planning The City of Seal Beach General Plan land use designation for the subject property is as Residential High Density. Its zoning land use designation is also RHD (Residential High Density). Although the pump station or storm water facilities are not explicitly identified Agenda Item 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 Project is also located in the Coastal Zone and is subject to the California Coastal Act. At this time, the City does not have a certified Local Coastal Program and project compliance with the Coastal Act is reviewed by the California Coastal Commission. Project compliance with relevant policies of Chapter 3 of the Coastal Act is the standard of review. This analysis has been performed and is included as Appendix B. As evaluated, the Project is in conformance with the Coastal Act and is not anticipated to require approval or a coastal development permit for the following reasons: Section 30610(d) of the Coastal Act provides that no coastal development permit shall be required for the following types of development and in the following areas: repair or maintenance activities that do not result in an addition to, or enlargement or expansion of, the object of those repair or maintenance activities; provided, however, that if the commission determines that certain extraordinary methods of repair and maintenance involve risk of substantial adverse environmental impact, it shall, by regulation, require that a permit be obtained. Although criteria for public works projects are not specifically provided, a practical standard for when a permit is required is when an existing development is expanded by 10 percent or more pursuant to Section 13253(b)(4). Policy guidance is provided for exclusions for public works projects in the "Repair, Maintenance and Utility Hook -Up Exclusions from Permit Requirements" adopted by the California Coastal Commission on September 5, 1978 which provides that: No permit is required for repair or maintenance of existing facilities that do not alter the service capacity, installation of new or increased service to development permitted or exempted under the Coastal Act. The proposed Project is the reconstruction of an existing pump station originally constructed in 1959. No increase in drainage area served by the Project is proposed. In addition, the Project will serve existing development within that area and is not proposed to facilitate new or expanded development. The Project is urgently needed to provide adequate storm water conveyance to the San Gabriel River to reduce flooding risks to existing residences and structures and provide capacity to address the 25 -year storm event. The overall amount of storm water conveyed by the Project will not be increased by 10 percent or more. Section 30515 of the Coastal Act provides guidance for amending a public works plan. Section 30515 provides that when reviewing public works projects it should be determined "that there is no feasible, Tess environmentally damaging alternative way to meet such a need, and that the proposed amendment is in conformity with the policies of this division." Upgrading the pump station is constrained by adjacent residences and because the area of Seal Beach is too low in elevation to drain by gravity into the San Gabriel River. The Agenda Item Project cannot be redeveloped without displacing residences. The evaluated alternatives would result in greater impacts with regard to displacement of residents, geotechnical safety, increased grading, as well as increased costs. The only feasible alternative to keep homes safe is to place the proposed pumps at the existing location to convey water. Based upon evaluation of the alternatives discussed in the Initial Study /Mitigated Negative Declaration, the proposed Project remains the most feasible alternative, as well as the least environmentally damaging alternative. Actions of City Pursuant to Government Code Section 7262, et seq. Pursuant to Government Code Section 7262 el seq., the City of Seal Beach obtained a fair market appraisal of the Subject Property Interests, set just compensation in accordance -- with the appraised fair market value and extended a written offer letter on April 13, 2003, to Seal Beach Country Club Apartments, the owner of record of the Subject Property Interests. A true and correct copy of the offer letter is on file in the City Engineer's Office and is incorporated in this Staff Report by this reference. To date, however, no negotiated purchase has been consummated, and the schedule for the proposed Project requires that the City Council consider the proposed Resolution of Necessity at this time. Necessary Findings for Adoption of Resolution of Necessity To adopt the proposed Resolution of Necessity, the City Council must find and determine that: �A. The public interest and necessity require the Project. B'. The Project is planned or located in the manner that will be compatible with the greatest public good and least private injury. C. The Subject Property Interests described in the Resolution of Necessity are necessary for the Project. �D. The City has made the offer required by Government Code Section 7267.2 to the owners of record of the property it seeks to acquire. As noted above, this hearing relates to Issues A, B, C, and D above. The amount of just compensation is not an issue before the City Council at this hearing. A. The Public Interest and Necessity Require the Project. As explained above, the City seeks to acquire the Subject Property Interests for a public purpose. Specifically, the Subject Property Interests are needed to expand the West End Pump Station. The proposed Project focuses on improving the efficiency and capacity of the site to upgrade the flood protection to the existing watershed area. The improvements proposed to the pump station focus on improving the efficiency and capacity of the site to upgrade the flood protection of the existing watershed area. Although the pump station or storm water facilities are not explicitly identified as permitted land uses, these types of uses are a necessary and anticipated part of residential Agenda Item development. The proposed pump station improvements are intended to reduce flooding risks for existing development within the drainage area including the subject property being acquired. 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. Although the pump is increasing in capacity, it is not serving any additional area. Instead, the pump is serving the current area more efficiently through the increase in capacity. There is no need to serve any area other than the currently protected area. The public interest and necessity require the proposed Project to increase the reliability of the pump station, and to provide increased capacity. B. The Project is Planned or Located in the Manner that will be Compatible with the Greatest Public Good and Least Private Injury. The Subject Property Interests are necessary for the proposed Project, as planned and located, which consists of the expansion of the West End Pump Station. The Subject Property Interests are necessary for the expansion The small area, consisting of 1,638 square feet, proposed td be added to the existing pump station, is contained entirely within the fenced antenna site in the Oakwood Apartments parking area. The advantage of the selected alternative is that it is father away from the existing mobile homes than the existing pump station. It is narrower, and the pump is shallower than the replacement alternatives. Upgrading the pump station is constrained by adjacent residences and because the area of Seal Beach is too low in elevation to drain by gravity into the San Gabriel River. The Project cannot be redeveloped without displacing residences. The evaluated alternatives would result in greater impacts with regard to displacement of residents, geotechnical safety, increased grading, as well as increased costs. The only feasible alternative to keep homes safe is to place the proposed pumps at the existing location to convey water. Based upon evaluation of the alternatives, the proposed Project remains the most feasible alternative, as well as the least environmentally damaging alternative. The City, in its continuing efforts to implement Best Management Practices for urban run -off, is proposing to construct a low flow diversion system as part of the reconstruction of the West End Pump Station that can be supported by existing sewer infrastructure. The City of Seal Beach is both the project proponent and lead agency for the Project. The Subject Property Interests are necessary for the expansion of the West End Pump Station. The acquisition of the Subject Property Interests is necessary to allow the City to expand the West End Pump Station. C. The Subject Property Interests Described in the Resolution of Necessity are Necessary for the Project. The proposed acquisition consists of the acquisition of a portion of the fee, a permanent subsurface easement, a temporary construction easement, and a temporary relocation site for satellite dishes from the property located at 333 First Street in the City of Seal Beach, California, identified as Los Angeles County Assessor's Parcel Number 7242 - 012 -003. Agenda Item As set forth above, the Subject Property Interests are necessary for the proposed Project, and the expansion to the West End Pump Station cannot be completed without the acquisition of the Subject Property Interests. D. The City Made the Offer Required by Government Code Section 7267.2 to the Owners of Record of the Property It Seeks to Acquire. Pursuant to Government Code Section 7262, et seq., the City obtained and approved a fair market value appraisal of the Subject Property Interests, set just compensation in accordance with the approved appraisal, and extended a written offer on April 13, 2005 to the owners of record of the Subject Property Interests, Seal Beach Country Club Apartments. A true and correct copy of the offer letter is on file in the City Engineer's Office and is incorporated in this Staff Report by this reference. The City has received no responses from the owners of record of the Subject Property Interests. Accordingly, the parties have not reached a negotiated purchase at this time. FISCAL IMPACT: Funds are currently available in fiscal year 2004/2005 from the General Fund within the City's approved 5 -year Capital Improvement Program budget under Project No. 50050. • RECOMMENDATION: It is recommended that the City Council adopt the Resolution of Necessity (Resolution No. ) and authorize the Mayor or City Manager to execute all necessary documents to acquire the real property adjacent to the West End Pump Station Reconstruction Project ( "Project ") for public purposes. Prepared By: Reviewed By: Andy DaSilva Gary W. LaForge Associate Engineer Assistant City Engineer Concur: Mark K. Vukojevic, P.E. Director of Public Works /City Engineer NV' I A D i ' OVED r J Jo r. B. Bahors i, CI Manager A tachments: Resolution of Necessity Agenda Item RESOLUTION NUMBER 5 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. The City of Seal Beach is a municipal corporation, in Orange County, State of California. Section 2. 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 I, 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 of law. Section 3. 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 "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. Section 4. 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 Study/Mitigated 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: 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 Study /Mitigated Negative Declaration, West End Pump State Reconstruction Project Mitigated Negative Declaration" document to all the above- referenced comments on the subject Initial Study/Mitigated 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 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 Study/Mitigated 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. hi 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 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 Government 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. 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 NOES: Council members ABSENT: Council members ABSTAIN: Council members Mayor ATTEST: City Clerk 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 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. City Clerk