HomeMy WebLinkAboutC.C. RES 03-085RESOLUTION NO. 03-85
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, STATE OF CALIFORNIA, AUTHORIZING AND
DIRECTING THE CITY ATTORNEY AND/OR SPECIAL
LEGAL COUNSEL TO ACQUIRE BY CONDEMNATION
CERTAIN REAL PROPERTY INTERESTS IN THE CITY OF
TUSTIN, STATE OF CALIFORNIA, AND TO OBTAIN
IMMEDIATE POSSESSION THEREOF FOR THE IRVINE
BOULEVARD/NEWPORT AVENUE INTERSECTION
ENHANCEMENT PROJECT (CIP 7118) AND DECLARING
THE PUBLIC CONVENIENCE AND NECESSITY THEREOF
The City Council of the City of Tustin ("City"), by vote of two-thirds or more of its
members, FINDS, DETERMINES, DECLARES, AND RESOLVES that:
WHEREAS, City intends to construct the Irvine Boulevard/Newport Avenue
Intersection Enhancements ("Project"), a public use, and, in connection therewith,
acquire interests in certain real property. The Project is for a public use that is a
function of City; and
WHEREAS, City intends to construct the Project to make effective the principal
purpose of street widening in compliance with the City's General Plan, including but not
limited to property to be used for the protection or preservation of the attractiveness,
safety, and usefulness of the Project as set forth in Code of Civil Procedure Section
1240.120(a); and
WHEREAS, the Project requires the acquisition of fee interests and temporary
construction easements in certain real property located at 18302 Irvine Boulevard (APN
401-283-11 ); and
WHEREAS, City is authorized to acquire the parcel(s) described in Appendix A
together with a map thereof, attached hereto and incorporated herein by this reference,
and exercise the power of eminent domain for the public use set forth herein in
accordance with the California Constitution and the California Eminent Domain Law,
Code of Civil Procedure SeCtion 1230.010 et seq. and pursuant to Streets and
Highways Code Section 10102 (street right of way); Government Code Section 54031'
(parking); Government Code Section 38730 (water facilities); Streets and Highways
Code Section 5100 et seq. (Street Improvement Act acquisitions); and
WHEREAS, the real property interests sought to be acquired for the Project
consists of one parcel and is located within the territorial limits of City and is generally
located on the southeast corner of Irvine Boulevard and Holt Avenue; and
WHEREAS, the plans for the Project are on file with the Director of Public Works
of City; and
WHEREAS,' the Project is planned and located in a manner which will be the
most compatible with the greatest public good and least private injury; and
WHEREAS, City has established the amounts it believes to be just compensation
for the hereinafter described real property interests sought to be acquired; and
WHEREAS, pursuant to Government Code Section 7267.2, City has offered to
the owners of the real property and interests therein the full amount established as just
compensation for the real property sought to be acquired; and
WHEREAS, City has provided the owners of the real property and interests
therein a written statement, a summary of the basis for the amount established as just
compensation and an appraised summary statement for the real property and interests
sought to be acquired; and
Resolution No. 03-85
Page 1 of 8
WHEREAS, a reasonable length of time has expired since the date of the offers
to the owners of the real property and interests therein sought to be acquired, and the
owners have failed to favorably respond to the offers of the amounts established by City
as just compensation; and
WHEREAS, the Project is part of the City's Capital Improvement Program, and
on December 9, 2002, the Planning Commission of City, pursuant to the provisions of
the Government Code, Section 65402, found that the proposed location, purpose, and
extent of the project is consistent with the City's General Plan; and
WHEREAS, on November 1, 1999 the City Council approved a Mitigated
Negative Declaration for the Project pursuant to Public Resources Code Section 21000,
et seq., the California Environmental Quality Act ("CEQA"), and on November 10, 1999
the City filed a Notice of Determination under CEQA with the County Clerk of the
County of Orange, California; and
WHEREAS, pursuant to the provisions of Code of Civil Procedure, Section
1245.235, on June 16, 2003 there was mailed a Notice of Hearing on the intent of City
Council to Adopt a Resolution of Necessity for acquisition by eminent domain of the real
property described in Appendix A, which Notice of Hearing, Appendix B, is attached
hereto and incorporated herein by this reference. The Notice of Hearing was mailed to
all persons whose names appear on the last equalized County Assessment Roll as
having an interest in the property described in Appendix A, and to the address
appearing on the Roll. The Notice of Hearing advised those persons of their right to be
heard on the matters referred to therein and as specified in Code of Civil Procedure
Section 1240.030 on the date and at the time and place stated therein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN, STATE
OF CALIFORNIA, finds, determines and orders as follows:
SECTION 1. The above recitations are true.
SECTION 2. The July 7, 2003 staff report has been read and considered along
with all evidence presented at the hearing.
SECTION 3. The hearing set out in the Notice of Hearing was held on July 7,
2003 at the time and place stated therein, and all interested parties were given an
opportunity to be heard. The hearing was closed.
SECTION 4. Based upon the evidence presented, including the staff report and
all written and oral evidence presented at the hearing, this City Council by vote of
two-thirds or more of its members, further FINDS, DETERMINES, DECLARES, AND
RESOLVES each of the following:
a. The public interest and necessity require the proposed Project.
b. The proposed Project is planned or located in the manner that will be the
most compatible with the greatest public good and the least private injury.
c. The property described in Appendix A is necessary for the proposed Project.
The offer required by Government Code Section 7267.2(a), together with the
accompanying statement of and summary of the basis for the amount
established as just compensation, was made to the owner or owners of
record, which offer and accompanying statement/summary were in a form
and contained all of the factual disclosures provided by Government Code
Section 7267.2(a).
SECTION 5. All conditions and statutory requirements necessary to exercise the
power of eminent domain ("the right to take") to acquire the property described herein
have been complied with by City.
Resolution No. 03-85
Page 2 of 8
SECTION 6. The City Attorney or Special Legal Counsel, Hahn & Hahn, is
hereby AUTHORIZED and EMPOWERED:
a.
To acquire in the name of City, by condemnation, the property described in
Appendix A, in accordance with the provisions of the California Eminent
Domain Law and the California Constitution;
b. To acquire the property in fee simple absolute unless a lesser estate is
described in Appendix A;
C.
To prepare or have prepared and to prosecute or to retain counsel to
prosecute in the name of City such proceedings in the proper court as are
necessary for such acquisition;
d.
To deposit the probable amount of compensation based on an appraisal, and
to apply to the court for an order permitting City to take immediate
possession and use of the property for the public uses and purposes.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin on the 7th day of July 2003
15-A-MELA STOKER
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
SS
I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing Resolution No. 03-85 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 7th day of
July, 2003, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Bone, Davert, Kawashima, Thomas, Worley (5)
None (0)
None '' (0)
None (0)
PAMELA STOKER
CITY CLERK
Resolution No. 03-85
Page 3 of 8
Appendix A
CONTENTS
Ao
Exhibit"A" Legal Description Parcel 100-1
Exhibit "A" Legal Description Parcel 200-1
Temporary Construction Easement
Resolution No. 03-85
Page 4 of 8
EXHIBIT "A"
PARCEL 100-1
THAT PORTiON OF LOT 9 OF THE VANDERLIP AND ROWAN TRACT, IN THE CITY OF 'rUST[N, COUNTY
OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK S PAGE 160 OF
MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED 'AS FOLLOWS:
COMMENCING (P.O.C.) AT' THE MOST 'SOUTHERLY POINT OF PARCEL I AS
DESCRIBED IN AN OFFER OF DEDICATION RECORDED MARCH 14, 1983 IN THE OFFICE
OF THE COUNTY RECORDER OF ORANGE COUNTY AS INSTRUMENT NO;. 83-'10923.5,
SAID POINT ALSO BEING ON THE SOUTHERLY END OF A 'CURVE, CONCAVE
SOUTHEASTERLY, THE RADIUS OF WHICH. BEARS NORTH 89°52'18'' EAST 27.00 FEET;
THENCE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL ! AND NORTHEASTERLY
ALONG SAID CURVE A DISTANCE OF 2.8.1 FEET THROUGH A CENTRAL ANGLE OF
05?58'05" TO THE TRUE POINT OF BEGZNN[NG (T.P.O.B.); THENCE CONTINUING
ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL .1 AND NORTHEAETERLY ALONG
SAID CURVE 36.84 FEET THROUGH A CENTRAL ANGLE OF 78°10'1.1"; THENCE NON-
TANGENT TO SAID CURVE SOUTH 44°55'28" WEST 34.05 FEET TO THE TRUE POINT
OF BEGZNNZNG.
CONTAINING 141 SQUARE FEET = 0.00 ACRES, MORE OR LESS.
ALL AS MORE PARTiCULARLY SHOWN ON EXHIB1T "B"~ ATTACHED HERETO AND .BY REFERENCE MADE
A PART THEREOF.
· .
L.S. BAI'EMAN, P.L.S. #3757
LICENSE EXPIRES ]UNE 30, 2004
Resolution No. 03-85
Page 5 of 8
EXHIBIT "B"
PARCEL 1OO-1
SHEET 1 OF 1
NO0'O 7'42 '~
HOLT
PCL. 1J2
-- O.R. 6569-995-~
AVE.
PCL. 132.2
O.R. 6569-99J--~
/
/I
PARCEL 100-1 --/ '
POR, LOT D
VANDERLIP & R O'WAN TRA CT
.M.R, LA, C O. '5~180
O.R. 8591-667
,,
UNE TABLE
[ L I I S44'55 '28 "Hz J4.05'
CURVE TABLE
CURVE DELTA RADIUS LENGTH
C 1 05'58'05" 2 7. 00' 2.81'
C2 78'10'11" 27.00' 36.84'
--OR.
.. 5161'84
0 20 4.0 80
GRAPHIC SCALE: 1"=¢0'
I t 141 I o.ooI
{AS1. Oonsulting Engineers
SUITE 200
IRVINE, CA 92618
949) 727-7099 F'AX:(949) 727-7097
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PREPARED UNDER THE DIRECTION OF
L.S. BATEMAN, .P.LS. 3757 DATE
UCENSE EXPIRES 06/50/2004 '
Resolution No. 03-85
Page 6 of 8
EXHIBTI' "A"
PARCEL 200-1
TEMPORARY CONSTRUCTTON EASEMENT
THAT PORTZON OF LOT 9 OF'THE VANDERLIP AND ROWAN TRACT, IN THE Ci-I-Y OF TUSTIN, COUNTY
OF ORANGE, STATE OF CAI1'FORNIA, AS SHOWN ON MAP RECORDED IN BOOK 5 PAGE 160 OF
MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CAI tFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING (P.O.B.) AT THE MOST soUTHERLY POINT OF PARCEL i AS DESCRIBED
IN AN OFFER OF DEDICA'I'ION RECORDED MARCH 14, 1983 IN THE OFFICE OF THE
COUNTY RECORDER OF ORANGE COUNTY AS INSTRUMENT NO. 83-109215, SKID
POINT ALSO BEING ON THE END OF A CURVE, .CONCAVE SOUTHEASTERLY, THE
RADIUS OF WHICH BEARS NORTH 89°S2'18'' EAST 27.00 FEET; THENCE ALONG THE
SOUTHEASTERLY LINE OF SAID PARCEL 1 AND NORTHEASTERLY ALONG SKID CURVE A
DISTANCE OF 2.81 FEET THROUGH A CENTRAL ANGLE OF 05°58'05"; THENCE NON-
TANGENT TO SAID CURVE NORTH 44°55~8'' EAST 34.05 FEET TO SAID
SOUTHEASTERLY LINE OF S~ID PARCEL Z, BEING THE BEGINNING OF A NON'TANGENT
CURVE,' CONCAVE SOUTHERLY, THE RADIUS OF WHICH BEARS SOLJTH 05*59'2'6" EAST
27.00 FEET; THENCE ALONG SKID SOUTHEAS-i'ERLY LINE EASTERLY 'ALONG SAID.
CURVE 2.81 FEET THROUGH A CENTRAL ANGLE OF 05*58'05"; THENCE NORTH
89058'39'' EAST 161.27 FEET TO THE WESTERLY LINE OF THAT CERTAIN PARCEL OF
LAND DESCRIBED IN THE GRANT DEED TO THE ORANGE COUNTY FLOOD CONTROL
DISTl~ICT RECORDED MARCH 24, 1960 IN BOOK 5161, PAGE 84 OF OFFICIAL RECORDS '
, RECORDS OF SKID ORANGE COUNTY; THENCE ALONG SAID LINE'SOUTH 00°07'42"
EAST i0.00 FEET; THENCE SOUTH 89058'39'' WEST 159.80 FEET; THENCE SOUTH
44°55'28'' WEST 40.29 .FEET TO THE EASTERLY RIGHT-OF-WAY OF HOLT AVENUE;
THENCE ALONG EASTERLY LINE OF PARCEL 132 AS DESCRIBED IN AN EASEMENT DEED
TO THE COUNTY OF ORANGE RECORDED MAY 31~ 1963 IN BOOK 6569, PAGE 993' OF
OFFICIAL RECORDS OF SKID ORANGE COUNTY, SAID LINE BEING THE EASTERLY
RIGHT-OF-WAY NORTH 00007'42'' WEST 11.47 FEE'ETO THE POZNT OF BEGINNING. '
CONTAINZNG 1,992 SQUARE FEET = 0.05 ACRES, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B"~ ATTACHED HERETO AND BY REFERENCE MADE
A PART THEREOF.
I-S. BATEMAN, P.I -S. #3757
LICENSE EXPIRES .1UNE 30, 2004'
DATE
Resolution No. 03-85
Page 7 of 8
EXHIBIT "B"
PARCEL 200-1
HOLT
N00'07'42 "W
PCL. 152
~ O. Ro 6569-99J~
P.O.i
LINE TABLE
LINE 8~RING . 'LENGTH
, L I . N44'55'28"E 54. 05'
L2 S00'07'42"E 10. 00'
L5 S44'55'28"HI 40.29'
L4 N00'07'42'141 11.47'
CURVE TABLE
05'58 '05" 2 7. 00' 2. 81'
· C2 I 05'58'05" ~ 27.00' 2.81'
O.R. 8591-667
POR. LOT D
VANDERLIP
/,./.L ~ L A.
II
II
I
OR
& R O WA.N TRACT
PARCEL 200-1
O.R. 83-10921
O.R. 5161-84
20 40 80
I
GRAPHIC SCALE: 1"--40'
I 11.992t o.os I
[( .~.$1.. Consulting Engineers
16241 LAGUNA CYN. RD.
SUITE 200
IRVINE.. CA 92618'
949) 727-7099 FAX:(949) 727-7097
AVE.
10'
L2
l
PCL. 1,.72.2
6569-99,3
I
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so5'59'26
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PREPARED UNDER THE DIRECTION OF
L.S. BATEMAN, P.LS. 3757 DATE
LICENSE EXPIRES 06/30/200¢
Resolution No. 03-85
Page 8 of 8
RESOLUTION 03-86
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ADOPTING THE CITY BUDGET
AND APPROPRIATING FROM THE ANTICIPATED
REVENUES OF THE CITY FOR THE FISCAL YEAR 2003-
2004
WHEREAS, in accordance with Section 1415h of the Tustin City Code, the City
Manager has prepared and submitted to the City Council a Proposed Annual Budget for
the 2003-2004 fiscal year, beginning July 1,2003; and
WHEREAS, the City Council, as the legislative body of the City, has reviewed
this proposed budget;
NOW, THEREFORE, the City Council of the City of Tustin does hereby resolve,
determine and order as follows:
SECTION 1. A certain document is on file in the office of the City Clerk of the City
of Tustin, being marked and designated "City of Tustin Draft Budget 2003-2004". Said
document, as prepared by the City Manager and reviewed and adjusted by the City
Council, is hereby adopted for the fiscal year commencing July 1, 2003.
SECTION 2. The following sums of money are hereby appropriated from the
anticipated revenues of the City of Tustin for the 2003-2004 fiscal year.
GOVERNMENTAL FUNDS
General Fund
Capital Projects
Tustin Street Lighting District
Tustin Landscape & Lighting District
Equipment Replacement Fund
Risk Management Funds
$34,715,234
9,391,652
417,000
500,600
1,030,000
1,220,748
TOTAL GOVERNMENTAL FUNDS
$47,275,234
SPECIAL REVENUE FUNDS
SCAQMD
Asset Forfeiture
Public Safety Augmentation
Supplemental Law Enforcement
Marine Base Closure
CDBG
Measure "M"
Gas Tax
Park Development
Reassessment District 95-1
TOTAL SPECIAL REVENUE FUNDS
$0
0
23O,0OO
0
0
1,858,743
16,035,924
3,386,014
4,165,927
395,000
$26,071,608
WATER ENTERPRISE
Operations/Debt Service
Capital Improvements
TOTAL APPROPRIATION WATER ENTERPRISE
$9,786,429
6,399,900
$16,186,329
Resolution No. 03-86
Page 1 of 2
TUSTIN LEGACY ENTERPRISE
Operations
TOTAL TUSTIN LEGACY ENTERPRISE
$2,189,363
$2,189,363
GRAND TOTAL
$91,722,534
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin on the 7th day of July 2003
· TRACYLWILLS WORLEY /
MAYOR
P~-'~ S"~EI~
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
SS
I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing Resolution No. 03-86 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 7th day of
July, 2003, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED: None
COUNCILMEMBER ABSENT: None
Bone, Davert, Kawashima, Thomas, Worley (5)
(0)
(0)
PAMELA STOKER
CITY CLERK
Resolution No. 03-86
Page 2 of 2