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HomeMy WebLinkAboutPH 2 ACQUISITION PROP 07-01-91PUBLIC HEARING N0. 2 `� ( 7-1-91 y t fl �. .c\ Inter-Com DATE: JUNE 27, 1991 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: PUBLIC WORKS DEPARTMENT/WATER SERVICES DIVISION SUBJECT: ACQUISITION OF REAL PROPERTY (ASSESSOR'S PARCEL NO. 401-582-02/PERFIT PROPERTY) File No. 2984 RECOMMENDATION: After the receipt of testimony and the closure of the hearing and if the City Council determines the Perfit Property is to be acquired by eminent domain proceedings, adopt Resolution No. 91-90 (a minimum four-fifths (4/5) vote is required.) BACKGROUND: It is recommended that the City acquire a parcel of land on the easterly side of Prospect Avenue between Main Street and Third Street for the purposes of expanding the Tustin Water Services Plant currently located at 235 East Main Street. The subject parcel of land is identified as County Assessor's Parcel No. 401- 582-02 and is owned by June E. Perfit. The Perfit parcel consists of 0.27 acres and is a rectangular parcel with 95 feet of frontage along Prospect Avenue and 125 feet of parcel depth. An updated appraisal on the subject parcel has been completed on April 5, 1991. A written offer, based on the appraisal, to purchase the subject parcel, was mailed to Mrs. June E. Perfit on May 7, 1991 and received June 5, 1991 with a requested response date of May 20, 1991. The City Attorney.'s office did not receive a response as to whether the offer to purchase was acceptable and eminent domain proceedings have, therefore, been initiated. Notice of the hearing was sent to Mrs. Perfit on May 21, 1991 and received by her on June 5, 1991 (copy attached). An eminent domain hearing had been scheduled for Monday, June 17, 1991 at 7:00 p.m. for the City Council to receive input either for or against the City's acquisition of the Perfit property by eminent domain proceedings. At the request of Mrs. Perf it's attorney, that hearing has been continued to the City Council meeting of Monday, July 1, 1991 at 7:00 p.m. The purpose of the hearing is restricted under eminent domain law to receiving testimony regarding the following three issues only: 1. Whether the public interest and necessity require the project; 2. The project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; 3. The property sought to be acquired is necessary for the project. By law, the hearing is not to be conducted for the purpose of discussing fair market value. DISCUSSION: The purpose of this acquisition of the Perfit parcel is to provide adequate land area for the expansion of the existing Water Service Plant located immediately adjacent to and southerly of the subject parcel. This expansion of the Water Service Plant will include, but not be limited to the.enlargement of the Main Street reservoir to a 2.2 million gallon facility, the drilling of a new water well facility and the expansion of the office, shop and parking .facilities for the site. The master site plan is currently under preparation and it is scheduled to commence construction on the new reservoir in Spring of 1992. A construction level environmental document will be prepared/certified prior to any site construction. An initial study for the acquisition of this property has been completed and it has been determined that this acquisition project qualifies as a Negative Declaration per the California Environmental Quality Act (CEQA) and City EIR guidelines. A copy of the Initial Study and Negative Declaration is attached for the City Councils information. Section 7 of Resolution No. 91-90 approves the Negative Declaration for the acquisition of said parcel and finds it to be in conformance with both CEQA and City EIR guidelines. After receiving testimony at the public hearing on this matter and the City Council determines that the parcel of land is to be acquired by eminent domain proceedings, the attached Resolution No. 91-90 will need to be passed and adopted by the City Council. �"� / .7 rW Robert Ledendecker Director of Public Works/City Engineer RL:ccg:blreal JUN- E=I ZiE. ROURKe&WCC ODF:U,=F= F' • G� �' o�C1 City of Tustin May 21, 1991 Mrs. June E. Perfit 366 South Hudson Avenue Los Angeles, CA 90020 ; Re: Notice of Eminent Domain kiearina Assessor's Parcel No. -401--582-02 Dear Mrs. Perf it : • This letter is to provide you notice that on June 17, 1991 at '7:00 p.m., Tustin City Hall, located 'at 17222 Del Amo, Tustin, California, the City Council of the City of Tustin will conduct a hearing on whether to initiate eminent domain proceedings with respect to acquisition of property you own (Assessorfs parcel No. 401.582-02, that lot located on the easterly side of Prospect Avenue approximately 150r north of Main Street in the City of Tustin). 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 property. Pursuant to Code of Civil Procedure Section 7.245.235(b), you have the right and opportunity to appear and be heard as to the following matters: a. The public interest and necessity require the proposed pooject; b. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and C. The property described herein is necessary for the project. Pursuant to Code of Civ l Procedure Section x.240. 030, the eminent domain hearing is not for the puxpose of discussing the value of the real property in question. The, hearing is only for TU"_ 1 1—'S 1 WELD ,-• ?•? F—iOURKE <WOCtiDRU—F— Mrs. June E. Perfit May 21, 1991 Page 2 value value of the real property in question. The hearing is only for the purpose of hearing testimony as to smatters (a) through (c) above. Failure to file a written request to appear and be heard any time prior to the date of the hearing on June 17, 1991 will result in a waiver of the right to appear and be hearing. if you should have any questions regarding this procedure, please feel free to call this office. CITY ATTORNEY RS:caa: D:OSl0E�9 �:(ii88) 1 2 3. 41 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 91-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY AND THE EXPENDING OF FUNDS THEREFOR IN THE INSTITUTION OF EMINENT DOMAIN PROCEEDINGS (ASSESSORS'S PARCEL NO. 401-582-02/PERFIT PROPERTY) WHEREAS the acquisition of Assessor's Parcel No. 401-582- 02, located on the easterly side of Prospect Avenue, (approximately 150' north of North Main Street, within the City of Tustin,County of Orange, is needed for public use, namely to be utilized for the possible enlargement/ reconstruction of the Main Street Reservoir, the possible expansion and/or relocation of the Tustin Water Services Facilities and to provide a possible location of a replacement of an existing water well.facility on the existing water plant site; and WHEREAS, state law authorized the eminent domain process for acquisition 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 Procedure Section 1245.235, NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Tustin, do hereby resolve, determine and order as follows: Section 1: Public Use. The public use to which Assessor's Parcel No. 401-582-02 is to be put consists of the enlargement/ reconstruction of the Main Street Reservoir and expansion and relocation of the Tustin Water Service Facilities to accommodate said reconstruction; the project may also include the possible replacement of existing water well facilities on the existing water plant site. Section 2: Description of Property and Extent of Property to be Taken. The property to be taken in fee simple absolute is described as Assessor's Parcel No. 401-582-02, more particularly described and set forth in Exhibit "A" attached and incorporated herein by reference. 1 2' 3' 41 5' 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27, 28 Resolution No. 91-90 Page 2 Section 3: Statutory Findings. The City Council makes the following additional findings: a. The public interest and necessity require the proposed project; b. The proposes 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 described herein is necessary for the proposed project; and d. An offer for purchase of Assessor's. Parcel No. 401-582-02 has been made to the owner of the property pursuant to Government Code Section 7267.2. Section 4: Authorization. The City Manager and City Attorney are authorized and directed to perform all acts necessary on behalf of the City for the acquisition of said property and said City Attorney and City Manager are further authorized to prepare, institute, and prosecute to conclusion on behalf of the City, an action in eminent domain or such proceedings as may be required for the acquisition of the property described herein, or an interest in such property, which cannot be acquired by negotiation or purchase, to do any and all things in connection with such proceedings as in their judgement may be necessary or convenient to the successful conclusion of said proceedings. Section 5: Expenditure of Funds. The City Manager is hereby authorized to expand funds available to the City for the acquisition of the real property described herein. Section 6: Recording. The City Clerk and/or City Attorney are hereby authorized and directed to record a certified copy of this resolution in the office of the County Recorder, County of Orange. 1 2 3 4 5 6 7 8. 9. 10 11 12! 13 14 15 16� 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 91-90 Page 3 Section 7: Certification of Negative Declaration. The Negative Declaration for this project is hereby approved as this document is found to be in conformance with CEQA and City EIR guidelines. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 1st day of July, 1991. Charles E. Puckett, Mayor Mary E. Wynn, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF TUSTIN ) CERTIFICATION FOR RESOLUTION NO. 91-90 Mary E. Wynn, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council is five; that the above and foregoing Resolution was duly and regularly passed and adopted at a regular meeting of the City Council held on the 1st day of July, 1991, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Mary E. Wynn, City Clerk DESCRIPTION The South 95.00 feet of Lots 1, 2, and 3 in Block 46_, in the City of Tustin, County of Orange, State of California, as shown on a.map of a part of Tustin, recorded in Book 13, Page 81 of Miscellaneous Records of Los Angeles County, California. EXHIBIT "A" 1. 2. 3. 4. CITY OF TUSTIN ENVIRONMENTAL EVALUATION PROJECT DESCRIPTION Name of Proponent: City of Tustin Public Works Department Project Location: East side of Prospect Avenue, A.P. No. 401-582-02, one lot north of Main Street Property Legal The south 95 feet of Lots 1, 21 & Description: 3, Block 46, City of Tustin, Los Angeles, 1-128. Project Description: The proposed project is the acquisition of the parcel of property located on the easterly side of Prospect Avenue, one lot north of Main Street, Assessor Parcel No. 401-582-02. The project site is currently a vacant commercial site. The project site is located adjacent to the City owned Water Department at the northeast corner of Prospect Avenue and Main Street in Tustin. The acquisition of the property is required for the following reasons: 1. To provide adequate land area for the enlargement/reconstruction of the Main Street reservoir. 2. The expansion and/or relocation of the Tustin Water Service facilities to accommodate the previously mentioned reservoir. 3. To provide a location for the possible replacement of an existing water well facility on the existing water plant site, which is located adjacent to'and southerly of the proposed site to be acquired. The above mentioned expansion is tentatively scheduled for Spring - of 1992. At the time that the plans for the expansion project are prepared, an additional environmental evaluation will be complete CITY OF TUSTIN Community Development Department ENVIRONMENTAL INITIAL STUDY FORM I. Background 1. Name of Proponent II. City of Tustin Public Works Department 2. Address and Phone Number of Proponent 15222 Del Amo Avenue Tustin, CA. 92680 (714) 544-8890 3. Date of Checklist Submitted May 21, 1991 4. Agency Requiring Checklist City of Tustin 5. Name of Proposal, if applicable Prospect Avenue Property Acguistion Environmental Impacts ; (Explanations of all "yes" and "maybe" answers are required on attached sheets.) Yes Ma be No 1. Earth. Will the proposal result in: a. Unstable earth conditions or in changes in geologic substructures? X b. Disruptions, displacements, compaction or overcovering of the soil? X C. Change in topography or ground surface relief features? X. d. The destruction, covering or modification of any unique geologic or physical features? X e. Any increase in wind or water erosion of soils, either on or off the site? X f. Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any ban, inlet or lake? X Yes Maybe No g. Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? X 2. Air. Will the proposal result in: a. Substantial air emission or deterioration of ambient air quality? X b. The creation of objectionable odors? X C. Alteration of air movement, moisture, or temperatures, or any change in climate, either locally or regionally? X 3. Water. Will the proposal result in: a. Changes in currents, or the course of direction of water movements, in either marine or .fresh water? X b. Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? X C. Alterations to the course or flow of flood waters? _X d. Change in the amount of -surface water in any water body? X e. Discharge into surface waters, or in any alteration of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? X f. Alteration of the direction or rate of flow of ground waters? X g. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? X h. Substantial reduction in the amount of water otherwise available for public water supplies? X 4. S. 7. Yes Maybe No i. Exposure of people or property to b. Reduction of the numbers of any unique, rare or endangered species of animals? X C. Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? X d. Deterioration to existing fish or wildlife habitat? X Noise. Will the proposal result in: a. Increases in existing noise levels? X b. Exposure of people to severe noise levels? X Light and Glare. Will the proposal produce new light or glare? X water related hazards such as flooding or tidal waves? X Plant Life. Will the proposal result in: a. Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops, and aquatic plants) ? X b. Reduction of the numbers of any unique, rare or endangered species of plants? X C. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? X d. Reduction in acreage of any agricultural crop?. X Animal Life. will the proposal result in: a. Change in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shellfish, benthic organisms or insects)? X b. Reduction of the numbers of any unique, rare or endangered species of animals? X C. Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? X d. Deterioration to existing fish or wildlife habitat? X Noise. Will the proposal result in: a. Increases in existing noise levels? X b. Exposure of people to severe noise levels? X Light and Glare. Will the proposal produce new light or glare? X Yes Maybe No 8. Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? X 9. Natural Resources. Will the proposal result in: a. Increase in the rate of use of any natural resources? X b. Substantial depletion of any nonrenewable natural resource? X 10. Risk of Upset. Will the proposal involve: a. A risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? X b. Possible interference with an emergency response plan or an emergency evacuation plan? X 11. Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? X 12. Housing. Will the proposal affect existing.housing, or create a demand for additional housing? X 13. Transportation/Circulation. Will the proposal result in: - a. Generation of substantial additional vehicular movement? X b. Effects on existing parking facilities, or demand for new parking? X C. Substantial impact upon existing transportation systems? X d. Alterations to present patterns of circulation or movement of people and/or goods? X Yes Maybe No e. Alterations to waterborne, rail or air traffic? X_ f. Increase in traffic hazards to.motor vehicles, bicyclists or pedestrians? X_ 14. Public Services. Will the proposal have an effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? X_ b. Police protection? X_ C. Schools? _X_ d. Parks or other recreational facilities? X_ e. Maintenance of public facilities, including roads? _X__ f. Other governmental services? 15. Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? — b. Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? .X_ 16. Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? X b. Communications systems? X C. Water? X_ d. Sewer or septic tanks? X— e. Storm water drainage? X f. Solid waste and disposal? X_ Yes Maybe No 17. Hunan Health. Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health)? X_ b. Exposure of people to potential health hazards? X_ 18. solid Waste. Will the proposal create additional solid waste requiring disposal by the City? 19. Aesthetics. Will the proposal result in the obstruction of any 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? X_ 20. Recreation. Will the proposal result in an 'impact upon the quality or quantity of existing recreational opportunities? X 21. Cultural Resources a. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? _ X b. Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? X_ C. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? X d. Will the proposal restrict existing religious or sacred uses within the potential impact area? X_ Yes Maybe No 22. Mandatory Findings of Significance. a. Does the project have the potential to degrade the quality of the environment substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? _X b. Does the project have the potential to achieve short-term, to.the disadvantage of long-term, environmental goals? (A short- term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure.well into the -future). X_ C. Does the project have impacts which are individually limited, but cumulatively con- siderable? (A'project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant.) d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X III. Discussion of Environmental Evaluation IV. Determination (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measure described on an attached sheet have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. M,q 19,91 Date Signature ATTACHMENT A DISCUSSION OF ENVIRONMENTAL EVALUATION PROSPECT AVENUE PROPERTY ACQUISITION (A.P. NO. 401-582-02) MAY 23, 1991 PROJECT DESCRIPTION SUPPLEMENT - The proposed project is the acquisition of the parcel of property located on the easterly side of Prospect Avenue, one lot north of Main Street, Assessor Parcel No. 401-582-02. The project site is currently a vacant commercial site. The project site is located adjacent to the City owned Water Department at the northeast corner of Prospect Avenue and Main Street in Tustin. The property's legal description is: the south 95 feet of Lots 1, 2, & 3, Block 46, City of Tustin, Los Angeles 1-128. The acquisition of the property is required for the following reasons: 1. To provide adequate land area for the enlargement/reconstruction of the Main Street reservoir. 2. The expansion and/or relocation of the Tustin Water Service facilities to accommodate the previously mentioned reservoir. 3. To provide a location for the possible replacement of an existing water well facility on the existing water plant site, which is located adjacent to and southerly of the proposed site to be acquired. The above mentioned expansion is tentatively scheduled for Spring of 1992. At the time that the site specific plans for the expansion project are prepared additional environmental evaluation will be completed. 1. EARTH - The proposed land acquisition would not result in any significant disruption, displacement, compaction or overcrowding of the soil. The project would not result in any changes to the geologic substructure, topographic features or increase the water or soil erosion. The site is presently vacant and level. The proposed land acquisition is required for the enlargement/ reconstruction of the City's Main Street water reservoir. At the time that the site specific plans for the expansion project are prepared additional environmental evaluation will be conducted which will include possible impacts on the earth. Page 2 SOURCES: Field Observation MITIGATION MEASURES/MONITORING REQUIRED: None Required 2. AIR - The proposed land acquisition would not result in any degradation of existing air quality based upon South Coast Air Quality Management District (SCAQMD) guidelines for preparation of Environmental Impact Reports (EIRs). The proposed land acquisition is required for the enlargement/reconstruction of the City's Main Street water reservoir. At the time that the site specific plans for the expansion project are prepared, additional environmental evaluation will be conducted, which will include an analysis of the project's possible impacts on air quality. SOURCES: SCAQMD standards for preparing EIR documents. MITIGATION MEASURES/MONITORING REQUIRED: None Required 3. WATER - The proposed land acquisition will not result in any change to water movement, absorption rates, rate or amount of surface runoff, flood waters, discharge into surface waters, flow of ground water, or quantity of groundwater, as there are no water courses on the site. The proposed land acquisition is required for the enlargement/reconstruction of the City's Main Street water reservoir. At the time that the site specific plans for the expansion project are prepared additional environmental evaluation will be conducted which will include an analysis of the project's possible impacts on water. SOURCES: City of Tustin Building Division City of Tustin Public Works Department Field Observation MITIGATION MEASURES/MONITORING REQUIRED: None Required 4. PLANT LIFE - The site is free from significant plant life, with the exception of common weeds and grasses. SOURCES: Field Observation MITIGATION MEASURES/MONITORING REQUIRED: None Required 5. ANIMAL LIFE - The subject property is free of any significant population of animals, fish, or wildlife. SOURCES: Field Observation MITIGATION MEASURES/MONITORING REQUIRED: None Required Page 3 6. NOISE - The proposed land acquisition will not result in any increases in existing noise levels and will not expose people to severe noise level. The proposed land acquisition is required for the enlargement/reconstruction of the City's Main Street water reservoir. At the time that the site specific plans for the expansion project are prepared additional environmental evaluation will be conducted which will include an analysis of the possible noise impacts. SOURCES: Field Observation MITIGATION MEASURES/MONITORING REQUIRED: None Required 7. LIGHT AND GLARE - The proposed land acquisition will not produce new light or glare. The proposed land acquisition is required for the enlargement/reconstruction of the City's Main Street water reservoir. At the time that the site specific plans for the expansion project are prepared additional environmental evaluation will be conducted which will include an analysis of possible light and glare impacts. SOURCES: Field Observation MITIGATION MEASURES/MONITORING REQUIRED: None Required S. LAND USE - The proposed land acquisition would not result in any substantial alterations to planned land uses for the area. The proposed land acquisition is required for the enlargement/reconstruction of the City's Main Street water reservoir. At the time that the site specific plans for the expansion project are prepared additional environmental evaluation will be conducted which will include an analysis of the project's possible land use impacts. SOURCES: City of Tustin Community Development Dept. Field Observation MITIGATION MEASURES/MONITORING REQUIRED: None Required 9. NATURAL RESOURCES - The proposed land acquisition will not result in the use of any natural resources or the substantial depletion of any non-renewable natural resource. The proposed land acquisition is required for the enlargement/reconstruction of the City's Main Street water reservoir. At the time that the site specific plans for the Page 4 expansion project are prepared additional environmental evaluation will be conducted which will include an analysis of the project's possible impacts on natural resources. SOURCES: City of Tustin Community Development Dept. Field Observation MITIGATION MEASURES/MONITORING REQUIRED: None Required 10. RISK OF UPSET - The proposed land acquisition will not involve a risk of an explosion or the release of hazardous substances in the event of an accident or upset conditions. The proposed land acquisition is required for the enlargement/reconstruction of the City's Main Street water reservoir. At the time that the site specific plans for the expansion project are prepared additional environmental. evaluation will be conducted which will include an analysis of the project'.s possible risk of upset. SOURCES: Orange County Fire Department MITIGATION MEASURES/MONITORING REQUIRED: None Required_ 11. POPULATION - As the proposed land acquisition does not involve any residential development, it will not result in direct or indirect effects upon population and housing. The proposed land acquisition is required for the enlargement/reconstruction of the City's Main Street water reservoir. At the time that the site specific plans are prepared additional environmental evaluation will be conducted which will include an analysis of the project's possible impacts on population. SOURCES: City of Tustin Community Development Dept. MITIGATION MEASURES/MONITORING REQUIRED: None Required 12. HOUSING - The proposed land acquisition will not result in direct or indirect effects on housing. The proposed land acquisition is required for the enlargement/reconstruction of the City's Main Street water reservoir. At the time that the site specific plans for the expansion project are prepared additional environmental evaluation will be conducted which will include an analysis of project's possible impact on housing. Page 5 SOURCES: City of Tustin Community Development Dept. MITIGATION MEASURES/MONITORING REQUIRED: None Required 13. TRANSPORTATION/CIRCULATION - The proposed land acquisition will not generate substantial additional vehicular movement, nor will it have any effects on existing parking facilities or demand for new parking. There will be no substantial impact upon existing transportation systems or alterations to present patterns of circulation or movement of people and/or goods. Additionally, there will be no alterations to waterborne, rail, or air traffic or an increase in hazards. The proposed land acquisition is required for the enlargement/reconstruction of the City's Main Street water reservoir. At the time that the site plan specific plans for the expansion project are prepared additional environmental. evaluation will -be conducted which will include an analysis of the project'.s possible impacts on transportation and circulation. SOURCES: City of Tustin Public Works Department MITIGATION MEASURES/MONITORING REQUIRED: None Required 14. PUBLIC SERVICES - All public services are existing and are adequate for the proposed land acquisition. SOURCES: City of Tustin Public Works Department City of Tustin Community Development Dept. City of Tustin Police Department Orange County Fire Department MITIGATION MEASURES/MONITORING REQUIRED: None Required 15. ENERGY - The proposed land acquisition would not result in a significant usage of energy and existing facilities would be available to adequately serve the site. The proposed land acquisition is required for the enlargement/reconstruction of the City's Main Street water reservoir. At the .time that the site plan specific plans for the expansion project are prepared additional environmental evaluation will be conducted which will include an analysis of the project's possible impacts on energy. SOURCES: City of Tustin Public Works Department MITIGATION MEASURES/MONITORING REQUIRED: None Required - Page 6 16. UTILITIES - The proposed land acquisition will not result in a need for new systems or substantial alterations to the following utilities: power or natural gas, communications, water, sewer or septic tanks, storm water drainage, and solid waste and disposal. The proposed land acquisition is required for the enlargement/reconstruction of the City's Main Street water reservoir. At the time that the site plan specific plans for the expansion project, are prepared additional environmental evaluation will be conducted which will include an analysis of the project's possible impacts on utilities. SOURCES: City of Tustin Public Works Department MITIGATION MEASURES/MONITORING REQUIRED: None Required 17. HUMAN HEALTH - The proposed land acquisition will not result in the creation of any health hazard or potential health hazard or expose people to any health hazard. The proposed land acquisition is required for the - enlargement/reconstruction of the City's Main Street water reservoir. At the time that the site plan specific plans for the expansion project, are prepared additional environmental evaluation will be conducted which will include an analysis of the project's possible impacts on human health. SOURCES: City of Tustin Building Division MITIGATION MEASURES/MONITORING REQUIRED: None Required 18. SOLID WASTE - The proposed land acquisition will create no additional solid waste requiring disposal. The proposed land acquisition is required for the enlargement/reconstruction of the City's Main Street water reservoir. At the time that the site plan specific plans for the expansion project, are prepared additional environmental evaluation will be conducted which will include an analysis of the project's possible solid waste impacts. SOURCES: City of Tustin Public Works Department MITIGATION MEASURES/MONITORING REQUIRED: None Required 19. AESTHETICS - The proposed land acquisition will not result in the obstruction of any scenic vista or view open to the Page 7 public, nor will it result in the creation of an aesthetically offensive site open to public view. The proposed land acquisition is required for the enlargement/reconstruction of the City's Main Street water reservoir. At the time that the site specific plans for the expansion project are prepared additional environmental evaluation will be conducted which will include an analysis of the project's possible aesthetic impacts•. SOURCES: City of Tustin Community Development Dept. MITIGATION MEASURES/MONITORING REQUIRED: None Required 20. RECREATION - The proposed land acquisition will not result in an impact upon the quality or quantity of existing recreational opportunities. SOURCES: City of Tustin Community Services Department MITIGATION MEASURES/MONITORING REQUIRED: None Required 21. CULTURAL RESOURCES - The proposed land acquisition is across the street from the boundaries of the Cultural Resources District and a building at the corner of Prospect Avenue and Main Street which has been identified on the City's Historical Survey. The proposed land acquisition, however, will not result in any impact on cultural resources. At the time tht site specific plans are prepared additional environmental evaluation will be conducted which will include an analysis of the project's possible impacts on natural resources. SOURCES: City of Tustin General Plan MITIGATION MEASURES/MONITORING REQUIRED: None Required 22. MANDATORY FINDINGS OF SIGNIFICANCE - The proposed land acquisition would not result in any adverse environmental impacts. The proposed land acquisition is required for the enlargement/reconstruction of the City's Main Street water reservoir. At the time that the site specific plans for the expansion project are prepared additional environmental evaluation will be conducted which will include possible Mandatory Findings of Significance. SOURCES: As previously noted MITIGATION MEASURES/MONITORING REQUIRED: None Required Project Title: Project Location: Project Description: Project Proponent: Contact Person: NEGATIVE DECLARATION CITY OF .TUSTIN 15222 Del Amo Ave. Tustin, CA 92680 Prospect Avenue Property Acquisition File NO.: P.W. 2984 East side of Prospect Avenue, A.P. No. 401- 582-02, one lot north of Main Street. Acquisition of the land City of Tustin, Public Works Department Robert S. Ledendecker Telephone: 544-8890 Ext. 281 The Public Works 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: DX That there is no substantial evidence that the project may have a significant effect on the environment. n That potential significant affects were identified, but revisions have been included in the project plans 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 Public Works 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. REVIEW PERIOD ENDS 4:30 p.m. on June 17, 1991 DATED: MAY 22 , 1991 �� —4�-►� Robert S. Ledendecker Director of Public Works June 27, 1991 Mr. Robert Ledendecker Director of Public Works/City Engineer City of Tustin 15222 Del Amo Tustin, CA 92680 Re: May 22, 1991 notification declaration and initial study property on the easterly side of identified as APO 401-582-02. Dear Bob: 1STIN PUBLIC WORKS DEPT, or a negative regarding the Prospect Avenue, This letter is to follow up your May 22, 1991 request for the above referenced subject matter. Please accept our apologies for the lateness in responding to your request. We do understand that a public hearing was held on June 17, 1991. Since we were on vacation on that date we were not able to attend that City Council meeting. We further understand that there may be further public hearings through which this letter may serve as a notification of our concerns. Currently we own the multifamily unit building located at 330, 332 and 334 Preble Drive, APO 401-593-03. Our concerns are as follows: 1. NOISE. The noise generated from the pump facilities should be mitigated by sound proofing material and operational times that do not inconvenience the residential users of the areas joining the properties. We have noticed that the pumps operating at the current facility at the Tustin Water Works Deportment have been noisome in the past and we believe that this should also be mitigated with the construction of the new facility. 2. DRAINAGE. Although the new site facility does not pose a drainage problem to our site, the existing Water Works Department does present a drainage problem to our property at the easterly end. The alley, which currently serves as an ingress and egress to our building, at one time, was a street that connected from Third to Main Street. With development that occurred in the early 1960's, the street was abandoned and a portion of it became the alley way that currently exists at this time. Since that time, the northeasterly portion of the Water Works Department has been used as storage and Page 2 Bob Ledendecker City of Tustin AP# 401-582-02 has been bermed up with the soil in that area. This has prevented our property from having drainage which, in the past, went into the catch basins at the curb returns on Main Street. We would like to request that the drainage in this back portion of the existing Water Works Department be mitigated through the installation of an inlet tying in with the catch basin on Main Street, or providing a concrete swail that would also facilitate drainage properly. 3. ARCHITECTURAL STANDARDS. The current Water Works Department is on the border of the Historical District and the Spanish Style Architecture which is prevalent along Newport Avenue. Thus it conforms to neither standard and should have some cost effective upgrades (even if it is just painted a different color). Thank you for your time in considering this matter. Please provide us with any further direction that we should take in following through with these concerns. Sincerely, I? O(M� Jeff R. Thompson Cherie A. Thompson file: 415\NEGDECL.LET 6 aFICE OF THE CITY CLERK • TO: JAMES G. ROURKE, CITY ATTORNEY FROM: BEVERLEY WHITE, DEPUTY CITY CLERK SUBJECT: REQUESTED TRANSCRIPT FROM CITY COUNCIL MEETING DATE: JULY 2, 1991 Following is the transcript you requested from the July 1, 1991 City Council meeting: cp - Mayor Puckett 1p - Mayor Pro Tem Pontious re - Councilmember Edgar jp - Councilmember Potts ep - Councilmember Prescott jr - James Rourke wh - William Huston mb - Michael Baruch cp The next item on the agenda; Eminent Domain Hearing - Acquisition of Real Property (Assessor's Parcel No. 401-582-02/Perfit Property). ep Ah, Mr. Mayor, I'd like to abstain on this issue, 'cause I have an interest in property at 220 E. Main Street. cp Alright, let the record show that Mr. Prescott abstains. Ah, do we have a staff report by John Shaw, Jim Rourke? jr Ah, Mr. Mayor and members of the City Council, this is one of the first steps in the process of acquiring the property at ah on the east side of Prospect between Main and Third, immediately adjacent to the Tustin Water Works property on Main Street. Ah, notice has been given to the property owner, it's a public hearing, you take any testimony by the property owner or anybody else that wants to submit testimony and then it's necessary for the Council if the process of acquisition is to go forward, to adopt Resolution 91-90 which makes the findings of public interest and necessity requiring the acquisition of the property, that the project is planned and located in a manner most compatible with the greatest public good and least private injury. The property is necessary for the project and that an offer for the purchase of the property's been made to the owner of the property. All those things have been done and in the staff's opinion are appropriate to be found by the Council. So the hearing should be open and testimony taken. cp OK, alright, this is a public hearing, so I will open the public hearing at 7:30 p.m., anyone wishing to speak either for or against acquisition of the Perfit property, this is your opportunity. mb My name is Michael Baruch, ah 12100 Wilshire Blvd, Los Angeles, 90025. I'm here representing June Perfit who is the property owner and I'd like to know, first and foremost, why this property is necessary for the project in question and why ah this prop. why this ah project itself is necessary for the City. cp Christine? Jim? jr Well, if Bob were here he could speak ah more ah fully on the matter than I can, but the property is contiguous with the City's Water Works property on Main Street and as you can see from the staff report it's the intention proposal of the staff to ah construct, or reconstruct the reservoir there to include this Perfit property and possibly also to put a well, an additional well on the Perfit Page 2 • Transcript 7-1-91 Council Meeting mb I understand that, what the—what the necessity of the project is, why is this property necessary for that project. jr I think I've adequately responded to that. mb Can you..can you please rephrase it? jr What was that? mb Can you please restate it? jr Pardon me? mb You said you adequately explained that. jr That's what I said. mb I didn't quite hear why. jr You didn't hear about the reservoir and the well site? mb Yeah, I heard about the reservoir and the well site. jr Well, that's it. mb Well, why is this particular property necessary over any other particular piece in the.City? jr Well it's obviously contiguous with the existing Water Works property of the City. It's the place to put the reservoir, it's a place to possibly put another well site. Ah, it's a very logical and reasonable place to do that. mb OK. I'd still at this time like to raise an objection to the necessity requirement. cp OK. So noted. mb Thank you. cp Is there anyone else wishing to speak? Either for or against this property? Seeing no one, we'll close the public hearing and open for discussion. re I move that we approve Resolution 91-90. jp Through the Chair I'd like to just say something first. 1p Second. I'll second for discussion. cp Mr. Potts... OK, alright. Further discussion? jp Since, since we are using eminent domain I'd like it clear that um we aren't taking somebody and moving them out of a residence to take over property. We do have a need for the water. The attorney ah for Mrs. Perfit asked that and there is the need there, we're not just taking someone's property and I think, if you look at our conditions where our water ah needs are, especially in a drought, and due to the economic conditions I'd like to state that we didn't take a low bid, that Councilman Prescott had us ah reappraise the property and the higher bid was taken. Um, so, we're not trying to ah go in and take someone's property and not give them adequate compensation and I just wanted to be on the record as clarifying that before we voted on an eminent domain ah project. Page 3 • Transcript 7-1-91 Council Meeting need a large reservoir to contain ah that ah water that we're generating 'cause it will make it fair more efficient. Furthermore, there has been for years, advertisement of that particular vacant property for sale, and so the only issue becomes certain that a fair price levied, and certainly our appraisal process established a fair price, so I have no misgivings that we're going to serve the community well by acquiring the site and building a bigger reservoir. cp I agree. Further discussion? jr Mr. Mayor. Council has, I think, has probably received this letter that came in today from Mr. and Mrs. Thompson I guess it is, I don't know that that specifically is involved, but the Council might make note of it and... re Perhaps my motion can acknowledge the receipt of the letter as well as moving approval. jp I would concur with that because there are some real good valid concerns in this letter. cp Is there a second to the motion? jr I'm sure that the staff will deal with those ... 1p I accept that. jp ..inaudible.. bh Those—those are details we would like at the project design. cp Further discussion? It's been moved and seconded to adopt Resolution No. 91-90, all those in favor signify by saying 'aye.' re Aye. 1p Aye. jp Aye. cp Passes 4-0, one abstention.