HomeMy WebLinkAboutPH 2 EMINENT DOMAIN 11-16-92PUBLIC HEARING N0. 2
AGE N DA(x_01 11-16-92
:1� 1
,.SATE: NOVEMBER 161 1992 Inter -Com
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Us,T
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISIO
INITIATION OF EMINENT DOMAIN PROCEEDINGS FOR AC UISI
SUBJECT: TEMPORARY CONSTRUCTION EASEMENT FOR YORBA Q TION OF
NORTH YORBA STREET (CAMPBELL PROPERTY) STREET WIDENING/135
RECOMMENDATIONS:
It is recommended that City Council adopt Resolution
initiating eminent domain No. 92-135
construction easement (approximately
to acquire a temporary
( pproximately 700 square feet) of the
location of 135 North Yorba Street, Tustin.
BACKGROUND:
The Public Works Department is in the process of co
plans for road widening on Yorba Street, between Fir mpletiits
Irvine Boulevard. First Streee t and
As part of this project, it is necessary to acquire
construction easement consisting of 700 square feet of land at 135
North Yorba Street, a parcel owned by Robert N. Campbell.nd at 135
has obtained an appraisal establishing the fair market The City
at $150 per month for the subject 700 s rental value
site plan identifying the Campbell parcel attachedof . p,
d.
Pursuant to state law, an offer of $150 in rental value
month was made to Robert N. Campbell for one
Campbell did not respond to this offer. However, attached). in Mr.
he will appear at the hearing.has indicated
Since the City has not been able to reach an agreement
Campbell, it is necessary that the City initiate eminent
with Mr.
proceedings in order to acquire a temporary construction et domain
asement.
Mr. Campbell has been given notice of the hearing for November
1992. The City Attorney's office has assisted the De artm 16,
discussions with Mr. Campbell and has prepared Department in
resolution. P the attached
Environmental documentation has been prepared for this
negative declaration was issued on March 1, 1988 and project. A
the County Clerk on March 2, 1988. (See attached). Posted with
Under state law the purposes of this eminent domain
limited to a consideration of the below stated three hearing is
findings:
135 N. Yorba Street
November 16, 1992
Page 2
1. Whether public interest and necessity require
widening of Yorba Street; the
2. Whether the road widening project is planned or locate
d
in a manner that will be most compatible with t
greatest public good and lease private injury, he
3. Whether the temporary construction easement sought to
acquired is necessary for the road wideningg be
project.
It is recommended that the City Council adopt the
attached
resolution of necessity which is the first legal step to initiate
eminent domain proceedings. State law requires a minim late
fifths (4/5) vote of the City Council for passage of the um four -
of necessity, resolution
Robert S. Ledendecker
Director of Public Works/
City Engineer
RSL:GO:ccg:135Yorba
Attachment
Gerald Otteson
Associate Civil Engineer
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Mr. Robert N. Campbell
135 North Yorba Street
Tustin, California 92680
TELEPHONE (714) 558-7000
FACSIMILE (714) 83S-7787
WRITER'S DIRECT DIAL NUMBER
Re: Offer Purchase/Temporary Construction Easement/
135 North Yorba Street Tustin
Dear Mr. Campbell:
563-2603
As you know, I spoke to you and also tried to reach you
several times trying to get your cooperation in allowing the City
of Tustin to use a portion of your property, for a limited period
of time, for the purpose of constructing Yorba Street widening
improvements.
At one point, you indicated that you were willing to sit down
and have a meeting with City staff concerning this issue. However,
you refused or otherwise ignored our phone calls to you to set this
meeting. This has left City staff no choice but to begin eminent
domain proceedings to acquire the necessary construction easement
to complete the Yorba Street improvements. Please find enclosed an
.appraisal report by Boznanski & Company setting a rental value of
$150.00'per month for the needed 700 square feet on your property.
Accordingly, the City of Tustin hereby offers you $150.00 per month
for a temporary easement for the time necessary to construct Yorba
Street improvements adjacent to your property. The City
anticipates occupying the subject 700 square feet of land area for
a period of less than 30 days.
Please be further advised that if this offer of purchase is
not acceptable, the City will commence appropriate eminent domain
proceedings to acquire the temporary construction easement.
Accordingly, this letter is to provide you notice that on
November 16, 1992, at 7:00 p.m., at the Senior Citizen's Center,
200 South C Street, Tustin, California, the City Council, City of
Tustin, will conduct a hearing on whether to initiate eminent
domain proceedings with respect to the acquisition of that certain
temporary construction easement identified in the appraisal report.
LAW OFFICESOF
�1ourLe_ & vvoodru r
O.>VIO A. O[ BERRY
RAIG G. FARRtNGTON
A PROFESSIONAL CORPORATION
SEPH W. FORBATH
SUITE 7000
AS E. JEFFREY
701 SOUTH PARKER STREET
ROBERT W. LUCAS
CHERYL LYNN
GRANGE, CALIFORNIA 92668
RAYEHE MAZAREI
BETTY C. MRGUOICH
THOMAS F. NIXON
JAMES G. ROURKE
JOHN R. SHAW
KENNARD R. SMART. JR.
DANIE 1. SPENCE
October 26, 1992
DANIEL K. SPRAOLIN
ALAN R. WATTS
WAYNE W. WINTHERS
THOMAS L WOODRUFF
Mr. Robert N. Campbell
135 North Yorba Street
Tustin, California 92680
TELEPHONE (714) 558-7000
FACSIMILE (714) 83S-7787
WRITER'S DIRECT DIAL NUMBER
Re: Offer Purchase/Temporary Construction Easement/
135 North Yorba Street Tustin
Dear Mr. Campbell:
563-2603
As you know, I spoke to you and also tried to reach you
several times trying to get your cooperation in allowing the City
of Tustin to use a portion of your property, for a limited period
of time, for the purpose of constructing Yorba Street widening
improvements.
At one point, you indicated that you were willing to sit down
and have a meeting with City staff concerning this issue. However,
you refused or otherwise ignored our phone calls to you to set this
meeting. This has left City staff no choice but to begin eminent
domain proceedings to acquire the necessary construction easement
to complete the Yorba Street improvements. Please find enclosed an
.appraisal report by Boznanski & Company setting a rental value of
$150.00'per month for the needed 700 square feet on your property.
Accordingly, the City of Tustin hereby offers you $150.00 per month
for a temporary easement for the time necessary to construct Yorba
Street improvements adjacent to your property. The City
anticipates occupying the subject 700 square feet of land area for
a period of less than 30 days.
Please be further advised that if this offer of purchase is
not acceptable, the City will commence appropriate eminent domain
proceedings to acquire the temporary construction easement.
Accordingly, this letter is to provide you notice that on
November 16, 1992, at 7:00 p.m., at the Senior Citizen's Center,
200 South C Street, Tustin, California, the City Council, City of
Tustin, will conduct a hearing on whether to initiate eminent
domain proceedings with respect to the acquisition of that certain
temporary construction easement identified in the appraisal report.
Mr. Robert N. Campbell
October 26, 1992
Page 2
You are given notice that the City Council of the City of
Tustin intends to adopt a resolution of necessity initiating
eminent domain proceedings for acquisition of the above described
temporary construction easement.
Pursuant to Code of Civil Procedures Section 1245.235(b), you
have the right and opportunity to appear and be heard on the
following matters only:
a. That the public interest and necessity require the
extension of Yorba Street;
b. That the road widening project is planned or located in
a matter that will be most compatible with the greatest public good
and least private injury;
C. That this temporary construction easement sought to be
required is necessary for the road widening project on Yorba
Street.
Pursuant to Code -of Civil Procedures Section 1240.030, the
eminent domain hearing is not for the purpose 'of discussing the
-- fair market value of the rental value of the temporary construction
easement in question.
You may file a written request to appear on the hearing date
of November 16, 1992. Failure to do so, may result in waiver of
your right to appear and be heard.
Please advise this office by not later than November 5, 1992,
as to whether this offer of purchase is agreeable to you.
If you should have any questions regarding this procedure,
please feel free to call this office.
] RS: pm: D:10126/92: (H516)
cc: Mr. William A. Huston
Mr. Robert S. Ledendecker
Mr. Gerald Otteson
James G. Rourke, Esq.
Very truly yours,
RO R & WOODRUFF
7z
JOT R. SHAW
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FILED
,� NEGjA f IVE D ION MAR • 2 ties
�+ CITY OF TUSTIN
300 CENTENNIAL WAY, TUSTIN, CA. 92680 ' J
Project Title: YORBA STREET WIDENING File No.
Project Location: Yorba Street between First STreet & Irvine Blvd.
Project Description: -Widening of remaining portions of Yorba Street
between First Street and Irvine Blvd., to ulti
Project Proponent: wTd
City of Tustin
Contact Person: Ron Wolford Telephone: 544_8890 Ext. 288
The Community Development Department has conducted an initial study for the
above project in accordance with the City of Tustin's procedures regarding
implementation of the California Environmental Quality Act, and. -on the basis of
that study hereby find:. ,
That there is no substantial evidence that the project may have a
significant effect on the environment.
That potential significant affects were identified, but revisions have
a been included in the
project pians and agreed to by the applicant that
would avoid or mitigate the affects to a point where clearly no
significant effects would occur. Said revisions are attached to and
hereby made a part of this Negative Declaration.
Therefore, the preparation of an Environmental Impact Report *is not required.
The initial study which provides the basis for this determination is on
file at the Community Development Department, City of Tustin. The public
is invited to comment on the appropriateness of this Negative Declaration
during the review period, which begins with the public notice of a
Negative Declaration and extends for seven calendar days. Upon review by
the Community _Development D'i rector, this review period may be extended if
deemed necessary.
REYIEW PERIOD ENDS 4:30 p.m. on
4'`- Commu 1ty Development Director
PASTED
C3/1AY L.COutlty G1Cri(
ate
h.
SeUe,-� f�ar�1S !p b� C(C GClrid
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CITY OF TUSTIN
-O
Community Oevelopment Department
ENVIRONMENTAL 'INITIAL STUDY FORM
L
_.
1.
Mame of Propa vwt ziga g
r. g
2.
Address and PfiaNumber of Proponent S — 9Y I D
Y Z 9,9
3 00 C ems, "gym n SAI A V
6A
3.
Oche of Checklist Submitted
4.
Agw 7► Requiring Checkiist C Y a TU Stn G'orm
rrl ��� V t,p
5.*
Mame of Prapami, if applicable
'�v :=rVlnc/
WAX* a-•�,d.
(Fxpianatkm of cit "ye=p' and "maybe" answers are required on
attocimd sheet&)
yes
No
Will the pt+oposal resuit in:
a. tJhxtabie earth conditions or in cages
in geologic res? '
b. Oiamptiats, dispiacanenis, compaction
or oNmeaveting of the soil?
C. chauge. In " ...,..}r,+ Cr grimi d =HOL-a
features?
,
X_
relief
d. The destruction, covering or modi f icat ion
of (xrf unique geciogic or physical features?
e. Any increase in wind or water - erosion of
soils, either on or off the site?
f. Changes in deposition or erosion of beoeh
sands, or changes in siltation, deposition or
Asian which may modify the chcru ei of v
river or stream or the bed of the ocean or
arty bury, in let or lake?
SeUe,-� f�ar�1S !p b� C(C GClrid
9 •
3.
- _ r
Yes• � No
g.
Exposure of people or property to geolo-
gic hazards - such as earthquakes, landslides,
r nudsiides, ground failure, or similar hazards?
Air.
Will the proposai resuit in:
a.
Substantiai air emissions or deterioration
of ambient air quality?,.
b.
The creation of objectianable odors?
c.
Alteration of air mavemerrt, rrroisture, or
temperature, or any cfiange in ciimate,
either locally or regianai W
Vk t4w.
Will the prvposW result ins
a.
C over in *nTents, or the course of dl-
.
reetien of water trovarr+ents, in either
marine or fresh waters?
b.
Chavges in absorption rales, drainage pat-
terns, or the rate and amount of surface
runoff?
c.
Alteratians to the courm or flaw of flood
waters?
d.
Change in the amount of surfaces water in
any water body? -
e.
Obicharge into surface wQterz, or in any
aiteradan of surface water quality, in-
ciuding but not united to ten,'.'-lvVeT
dissolved oxygen or turbidity?
f.
Alteration of the direction or rate of flow
of ground waters?
._
g.
Change in the quantity of ground waters,
either through direct additions or with-
drawals, or through interception of an
aquifer by cuff or excavations?
h.
Substantiai reduction in the amount of
water otherwise available for public water
supplies?
i.
EA7osure of people or property to water re-
lated hazards 2x:h as flooding or tidal waves?
.
Yes Mair - No
4.
Plant Ufe. Will the propcaai result in:
a Change in the diversity of species, or
number of any species of plants- (including
trees, shrubs, gam, crops, and aquatic
plan
b.. Reduction of the numbers of any unique, -
rare or endangered species of plants?
c. IntradLction of new species of plants into
an area, or in a barrier to the normal
replenWwrient of existing species?
•
d. Reduction in.= of any agricultural
crop?
S.
Animal Ufe. Will the proposal result in:
a. Change in the diversity of spocies, or
numbers of ark► species of animals (birds,
land animals including reptiles, fish and
shellfish, benthic arganisms. or inseetsn
=
•
b. Reduction of the numbers of any unique,
race or endargered species of animals?
'
c. Introduction of new . species of animals into
an area; or result in a barrier to the
m igration or d of. an knois?
d. Oeteriorvtian to existing fish or wildlife
habitat?
•.
6.
Noise. Will the proposal result in:
a Increases in existing noise levels?
b. Exposure of people to severe noise levels?
7.
Light and Glare. Will the propowi produce
new light or
glare?
S.
L W lbe. Will the proposal result in a sub.
stantial alteration of ifie present or planned
land use of an area?
9,
lW!txcdl Resources. Will the proposal result in:
a Increase in the rate of use of any natural
resources?
b. Substantial depletion of arty nonrenewable
naturei resource?
10. Risk of Upset. 'VllilI the PC involves
a. A risk of an aoplasion or the release
of Nazar 0 substa == (indvding, but not
limited to., oil, pesticides, chermieals or
radiation) in the event of an accident or
upset eondiftwo?.
b. Po noble ' with an enmgency
response pion or an enm9awy evacuation
play?
11. Papulation. Will the proposal alter the location,
distribution, density, or growth rate of the
humcn popuiatian of an area?
12. Hdising. Will the proposal affect existing hour-
ing, or create a demand for additional housing?
13. Transportatian/Cuwlatiom Will the propami
result in:
a. Cowwration of substantial additional
vehicular. movement?
b. Effects . on existing parking facilities, or
demand for new parking?
c. Substantial impact upon existing transpor-
tation systems?
d. Alterations to present patterns of circvla-
tion or movement of people and/or goods.
e. Alterations to waterborne, rail or air
traffic?
f. Increase in traffic hazards to motor
vehicies, bicyciists or pedestrians?
14. Public Services. Will the proposal have an
effect upon, or result in a need for new or
altered govemmental services in any of the
following areas:
a. Fire protection?
b. Po 1 ice protection?,
C. Schools?
Yes No
X
1i
Yes Pb
d. Parks or other recreational facilities?
e. Maintenance of public facilities, inc!uding
roads?
f. Other gove:nmentai services?
15.
Sm-gy.- Will the proposal result ins
a Use of substantial amounts of fuel or energy?
b. Substantial increase in demand upon exist-
ing sources of energy, or require the
development of new sources of energy?
16.
Utilities. Will the proposal result in a need
for new systems, oir substantial alterations to
the following utilities:
a. Power or natural gas?
b. Communications systems?
C. Water?
-
d. Sewer or septic tonics?
e.Storm water drainage?
f. Solid waste and disposal?
17.
"A==Hearth. Will the proposai resuft in:
a Creation of any health hazard or potential
health hazard (excluding mental he althP.
b. Exposure of people to potential heath
X_
hazards?
18.
Aestise'O= Will the proposal resuit in -the
obstruction of my scenic vista or view open to
the public, or will the proposal result in the
_
creation of an aesthetically offensive site open
.
to public view? s
19.
Recreation. Will the proposal result in an
.-
impact upon the quality . or quantity of existing
recreational opportunities?
20.
Cuitur+ol Re=Lwcesc.
a. Will the pe opaso recruit in the alteration
of or the destruction of a prehistoric or
historic arlogical site?
b. Will the proposal it in adverse ptrpk: l
or aesthetic effects to a prehistoric or
historic building, structures or obl�
C. Dow the proposal have the potential to
cause a physical change wphich would affect
unique ethnic cultural values?
d. 1Nill the prvpoai restrict existing rel 0'
or sacred uses within the potential impact
Grew
21. Mondatory Findings of Significance.
a. Does the project have the potential to
degrade the quality of the environments
substantially reduce the habitat of a fists
or wildlife species, cause o fish or wild.
life populaticn to drop below self sus-.
taining levels, threaten to eliminate a
plant or animal common fir, reduce the
number ar restrict the range of a rare or
endangered punt or animal or eliminate
important eaccuMles of the major periods
of California history ar prehistory?
b. Ones the. project' have the potential to
achieve short-term, to the disadvantage of
long-term, environmental goals? (A short- .
term impact an the environment is one
which occurs in a relatively brief, definitive
period of time while long-term imports
will endure well into the future -
c. Oaes the project have impacts which are
individually limited, but cumulatively can-
siderable? (A Project nay impact on two
or more separate resources where the impact
on each resourcx is relatively smoi 1, but
where the effect of the total of those
impacts on the environment is significant-)
d. [)cess the project have environmental effects
which will caum substantial odverse effects
an human beimps either directly or indirectly?
Yes Maybe No
111. OlsCusssian of Enviranrnentai Evmivatian
No buy Id lnv Will b -P, 4.4��`ci. l=ou,r wt
IV. �frrru'�'ni dti« t filar 6 0' 1-. cs h ! p in t.
(To be cop feted by the l
Lead Agency) -
�4�
17
- On the basis of this initial evQivaticns
1 find t 'at the PrgXMgd Project CC= NOT have a signifl=t effect
on the environment, and a NEGATIVE OECLARA11ON will be prepared.
1 find that eithough the PrCP-5-ld Prop coup- isave a significant 'effect �--�
on the awirorrrent, #sere will not be a significflnt effect in this case
because the mitigation memres
on an of!en NEGATIVE (DECLARATION WILL 4wet 8E F.PARflD.
beadded to the project..
1 find the- proposed project MAY IMPACThaW 43igni ICWtORT a ff act on environ- I='
ment, and an ENVIRONMe4TAL
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RESOLUTION NO. 92-135
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AUTHORIZING THE ACQUISITION OF A TEMPORARY
CONSTRUCTION EASEMENT AND THE EXPENDING OF FUNDS,
THEREFORE, AND THE INSTITUTION OF EMINENT DOMAIN
PROCEEDINGS (A PORTION OF ASSESSOR'S PARCEL NO. 401-521-
10, CAMPBELL PROPERTY)
WHEREAS, the acquisition of a temporary construction
easement of a portion of Assessor -Is Parcel No. 401-521-10 is
needed for public purposes, namely to be utilized for the
widening of Yorba Street within the City of Tustin; and
WHEREAS, state law authorizes the use of eminent domain
for acquisition of a temporary construction easement of a
portion of property for the above stated purposes; and
WHEREAS, Notice of an Opportunity to be Heard was given
to the property owner pursuant to Code of Civil Procedures
§1245.235;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER
AS FOLLOWS:
SECTION 1. The public use, to which a portion of
Assessor's Parcel No. 401-521-10 is for the widening of an
existing roadway, to wit: Yorba Street, within the City of
Tustin.
SECTION 2. The property to be leased is described as a
portion of Assessor's Parcel No. 401-521-10, located between
First Street and Irvine Boulevard, City of Tustin, more
particularly described in Exhibit "A", attached and
incorporated herein by reference.
SECTION 3. The City Council makes the following
additional findings: '
a) The public interest and necessity require the
widening of Yorba Street, to accommodate the
additional traffic within the City of Tustin;
b) The proposed project is planned and located in a
manner that will be most compatible with the public
good and the least private injury;
C) A temporary construction easement of the property
described above is necessary for the propose
widening of Yorba Street;
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Resolution �, Page 2
d) An offer to rent a portion of the property has been
made to the owner of the property pursuant to
Government Code §7267.2.
SECTION 4. The City Manager and City Attorney are
authorized and directed to perform all acts necessary on
behalf of the City for the acquisition of a temporary
construction easement, and said City Manager and City Attorney
are further authorized to prepare, institute and prosecute to
conclusion on behalf of the City, and action in eminent
domain, or such proceedings as may be required for the
acquisition of a temporary construction easement of a portion
of the property described herein, to" do any and all other
things in connection with such' proceedings, as in their
judgement may be necessary and convenient to the successful
conclusion of.said proceedings.
SECTION 5. The -City Manager is hereby authorized to
expend funds available to the City for the acquisition of a
temporary construction easement of the real property described
herein.
SECTION 6. The City Clerk is hereby authorized and
directed to record a certified copy of this resolution in the
office of the County Recorder, County of Orange.
SECTION 7. The California Environmental Quality Act has
been followed in that the City of Tustin has prepared a
negative declaration of this project.
PASSED AND ADOPTED, by the City Council of the City of
Tustin at a regular meeting held on the 16th day of November,
1992.
ATTEST:
Mary E. Wynn, City Clerk
Leslie Anne Pontious, Mayor
EXHIBIT "A"
TEMPORARY CONSTRUCTION EASEMENT
135 N. YORBA STREET (AP #401-521-10)
A temporary construction easement over 135 Yorba Street, Assessor's
Parcel Number 401-521-10 for the reconstruction of driveway,
parking area, walk, planter, regrade and reseed of turf area and
appurtenances adjacent to new street improvements in conjunction
with the project to widen the eastside of Yorba Street between
First Street and Irvine Boulevard described as follows:
The westerly 35.00 feet of Lot 5, Block A of Mountain View Garden,
Tract No. 396 as shown on a map recorded in Book 16, Page 10 of
Miscellaneous Maps, records of Orange County, California.
Excepting that portion described in a deed recorded May 9, 1923 in
Book 465 Page 312 of deeds, records of said Orange County.
Also excepting that portion described in the offer of dedication
recorded September 22, 1982 as document No. 82-333808.
J0:k(b:TEMPEASE