|
Agenda Item
ASR
Control 22-000161 |
||
|
MEETING DATE: |
03/08/22 |
|
|
legal entity taking action: |
Board of Supervisors |
|
|
board of supervisors
district(s): |
3, 4 |
|
|
SUBMITTING
Agency/Department: |
County Executive Office (Approved) |
|
|
Department contact
person(s): |
Thomas A. Miller (714) 834-6019 |
|
|
|
James Treadaway (714) 667-9700 |
|
Subject: Condemnation Action, OC Loop
Carbon Canyon Channel Bikeway Project Segment D
|
ceo CONCUR |
|
Clerk of the Board |
||||||||
|
Concur |
Approved Agreement(s) and Resolution(s) |
Public Hearing |
||||||||
|
|
|
2/3 Vote |
||||||||
|
|
|
|
||||||||
|
Budgeted: Yes |
Current Year Cost:
$356,925 |
Annual Cost:
N/A |
||||||||
|
|
|
|
||||||||
|
Staffing Impact: |
No |
# of Positions:
|
Sole Source:
N/A |
|||||||
|
Current Fiscal Year Revenue: N/A
|
||||||||||
|
Prior Board Action: 5/23/2017
#19, 9/27/2016 #41, 5/10/2016 #45, 8/8/2017 #9 |
||||||||||
RECOMMENDED ACTION(S):
|
1. |
Conduct public hearing. |
|
|
2. |
At the conclusion of the hearing, make the following findings: |
|
|
|
a) |
Find that the Final Initial Study/Mitigated Negative Declaration No. IP 16-343 was previously adopted by the Board of Supervisors on August 8, 2017, and reflects the independent judgment of the County as lead agency and satisfies the requirements of CEQA for the OC Loop Carbon Canyon Channel Bikeway Gap Closure Segment D Project. |
|
|
b) |
The circumstances of the Project are substantially the same and Mitigated Declaration No. IP 16-343 adequately addressed the effects of the OC Loop Carbon Canyon Channel Bikeway Gap Closure Segment D Project. No substantial changes have been made in the Project, no substantial changes have occurred in the circumstances under which the Project is being undertaken, and no new information of substantial importance to the Project that was not known or could not have been known when the previous Mitigated Negative Declaration No. IP 16-343 was adopted has become known; therefore, no further environmental review is required. |
|
|
c) |
Mitigated Negative Declaration No. IP 16-343 is adequate to satisfy the requirements of CEQA for the proposed condemnation action. |
|
3. |
Adopt the Resolutions of Necessity attached as Attachments E through Q. |
|
|
4. |
Direct and authorize the Auditor-Controller, upon request by County Counsel, to encumber and transfer funds to the State Treasurer's Condemnation Deposits Fund, in amounts to be specified by County Counsel, in a total amount as described in the Resolutions of Necessity; and to be made as one or more deposits of estimated compensation in the condemnation proceedings; and to encumber such additional funds, and to transfer funds as may be requested by County Counsel, and if necessary to satisfy any court orders for higher deposits or payment of greater compensation , or as necessary to pay for title insurance and other fees and costs in connection with the acquisition of the Subject Property Interests pursuant to each Resolution of Necessity. |
|
|
5. |
Authorize the retention of outside eminent domain counsel, BDG Law Group, PLC, and delegate authority to County Counsel to enter into a legal services agreement in substantially the form as attached hereto as Attachment AE and authorize BDG Law Group, PLC and/or County Counsel to initiate condemnation proceedings to condemn the interests in real property. |
|
SUMMARY:
Conducting a public hearing and considering adoption of Resolutions of Necessity that allow the County to acquire easements for the OC Loop Carbon Canyon Channel Bikeway Project will close one of the remaining gaps in the OC Loop, a planned 66-mile continuous facility for bicyclists and pedestrians.
BACKGROUND INFORMATION:
The OC Loop is a planned alternative transportation corridor
comprised of 66-miles of regional non-motorized recreational/commuter cycling
and pedestrian routes that provide seamless connections and an opportunity for
people to bike, walk and connect to some of California’s most scenic beaches
and inland destinations. Approximately 88% of the OC Loop is in place and is
used by hundreds of thousands of people each year. The existing
recreational/commuter cycling, and pedestrian segments of the OC Loop include
the Santa Ana River Bikeway, the Coastal Bikeway and several miles of the
Coyote Creek Bikeway and San Gabriel River Bikeway.
The OC Loop is broken into segments for planning, funding,
and construction. This Board item addresses the one-half mile section of the OC
Loop that will run parallel to the Carbon Canyon Channel in the City of
Placentia.
On March 10, 2015, the Board approved acceptance of the
Active Transportation Program Cycle 1 grant award for the initial Project
Approval and Environmental Document phases along the OC Loop. The grant award
provided $266,000 for Segment D (0.5 mile along the Carbon Canyon Channel
within the City of Placentia) and $465,000 for Segments F and H (2.1 miles
along El Cajon Bikeway within the City of Yorba Linda, portions of the City of
Anaheim and unincorporated County right-of-way). Additional grant funding in
the amount of $1,551,400 was accepted by the Board on September 27, 2016, from
the Orange County Transportation Authority’s Bicycle Corridor Improvement Program
for the Final Design phase and Right-of-Way acquisition for Segment D.
On May 10, 2016, the Board approved agreement MA-012-16011750
with LSA Associates, Inc. (LSA) for architect-engineer environmental
documentation services for Segments D, F and H of the OC Loop Project in an
amount not to exceed $825,000 for the period from May 10, 2016, to May 9, 2021.
LSA has since completed the environmental documentation, including the
Mitigated Negative Declaration, for Segment D of the OC Loop.
On May 23, 2017, the Board approved the County’s Seven-Year
Capital Improvement Program (CIP) for FY 2017-18 through 2023-24 that
identifies roadway, flood and active transportation projects. Under the CIP, OC
Parks and OC Public Works each provide $2.5 million annually toward bikeway
improvements, which include OC Loop gap segment projects. Segment D of the OC
Loop is a project specifically identified in the CIP project list. County
funding indicated in the CIP will also help to provide leverage for future
grant opportunities for the construction phase of the projects.
On August 8, 2017, the Board approved the preliminary
engineering concept plans for Segment D and adopted Final Initial
Study/Mitigated Negative Declaration No. IP 16-343.
The recommended action and adoption of the proposed Resolutions of Necessity (Resolutions), would find and declare the public interest and necessity require the property interests to be obtained to complete the Project, which closes one of the remaining gaps in them OC Loop, a planned 66-mile continuous facility for bicyclists and pedestrians, to meet the August 2022, project deadline to receive the above referenced $1,551,400 in grant funding from Orange County Transportation Authority’s Bicycle Corridor Improvement Program.
A more detailed description of the intended public use of, and necessity for, these easement acquisitions (Subject Property Interests) is contained in the accompanying OC Public Works Memoranda (Memoranda), attached hereto as Attachment B, providing substantial information supporting the requested findings contained in the proposed Resolutions. The information presented in this Agenda Staff Report and in that Memoranda are legally sufficient to show that the public interest and necessity require the Project. The County is authorized to acquire the Subject Property Interests and to exercise the power of eminent domain for the public uses described herein and in the accompanying OC Public Works Memoranda under the California Constitution and the California Eminent Domain Law (Code of Civil Procedure Sections 1230.010 et seq., and 1240.010 et seq., including without limitation Sections 1240.110, 1240.410, and 1240.420), Government Code Section 25350.5 and the Act.
Accordingly, OC Public Works requests your Board adopt the proposed Resolutions to authorize and direct County Counsel and/or outside eminent domain counsel, BDG Law Group, PLC, to file and pursue proceedings to condemn and acquire the Subject Property Interests, which are more particularly described in the proposed Resolutions of Necessity attached as Exhibits E through Q.
FINANCIAL IMPACT:
Appropriations are included in the Fund 174 FY 2021-22 Budget for issuance of a one-time total cost of $356,925 in the amounts and from the Fund No. listed below:
FUND DEPT BUDGET CNTL UNIT OBJ DEPT OBJ JOB NUMBER
174 080
174 PM06 1900
CIPR EQ17410R
|
|
Property Owner Name |
Amount |
|
1 |
Dave R. Leeper, Trustee of the Dave R. Leeper Trust dated October 30, 2014 |
$44,100 |
|
2 |
Paramount Imperial Villas, LP |
$12,250 |
|
3 |
Mike Robert Lamb and Jennifer Lynn Lamb, Trustees of the Michael and Jennifer Lamb Trust |
$37,400 |
|
4 |
Edward Islas |
$53,100 |
|
5 |
Ralph Wu |
$25,900 |
|
6 |
James and Wendy Ellington |
$32,400 |
|
7 |
Mark and Robin Sugamele |
$41,700 |
|
8 |
Dorothy Egu |
$1,200 |
|
9 |
Evangelical Friends Church Southwest |
$9,700 |
|
10 |
Robert W. Brunskill & Waltraut A. Brunskill TTEES FBO THE Robert W. Brunskill & Waltraut A. Brunskill TRST DTD 5-12-88 |
$62,000 |
|
11 |
William A. Prescott and Jennifer R. Prescott, as co-trustees of the W.A. Prescott Living Trust, established June 5, 2014 |
$5,200 |
|
12 |
Seyed A. Shazadeh Safavi |
$2,975 |
|
13 |
Nicole Panos and Politimi Vagenas |
$29,000 |
Payments will be made upon Board approval of the proposed recommended actions. Additional presently unknown costs may also include payments for title fees and other costs upon recordation, as well as the potential for other required payments that a court may order be deposited and/or paid in the condemnation actions. Any unknown costs will be absorbed within the existing appropriation of Fund 174.
STAFFING IMPACT:
N/A
REVIEWING AGENCIES:
OC Public Works
ATTACHMENT(S):
Attachment A -
Code Provisions
Attachment B - OC Public Works Memorandum
Attachment C - Real Estate Acquisition
Questionnaire
Attachment D - CEQA Notice of
Determination IP 16-343
Attachment E - Resolution of Necessity
(Leeper)
Attachment F - Resolution of Necessity
(Paramount)
Attachment G - Resolution of Necessity
(Lamb)
Attachment H - Resolution of Necessity
(Islas)
Attachment I - Resolution of Necessity
(Wu)
Attachment J - Resolution of Necessity
(Ellington)
Attachment K - Resolution of Necessity
(Sugamele)
Attachment L - Resolution of Necessity
(Egu)
Attachment M - Resolution of Necessity
(Evangelical Friends)
Attachment N - Resolution of Necessity
(Brunskill)
Attachment O - Resolution of Necessity
(Prescott)
Attachment P - Resolution of Necessity
(Safavi)
Attachment Q - Resolution of Necessity
(Panos Vagenas)
Attachment R - Notice of Intent to
Consider Adoption of a Resolution of Necessity (Leeper)
Attachment S - Notice of Intent to
Consider Adoption of a Resolution of Necessity (Paramount)
Attachment T - Notice of Intent to
Consider Adoption of a Resolution of Necessity (Lamb)
Attachment U - Notice of Intent to
Consider Adoption of a Resolution of Necessity (Islas)
Attachment V - Notice of Intent to
Consider Adoption of a Resolution of Necessity (Wu)
Attachment W - Notice of Intent to
Consider Adoption of a Resolution of Necessity (Ellington)
Attachment X- Notice of Intent to Consider Adoption of a
Resolution of Necessity (Sugamele)
Attachment Y - Notice of Intent to
Consider Adoption of a Resolution of Necessity (Egu)
Attachment Z - Notice of Intent to
Consider Adoption of a Resolution of Necessity (Evangelical Friends)
Attachment AA - Notice of Intent to
Consider Adoption of a Resolution of Necessity (Brunskill)
Attachment AB- Notice of Intent to
Consider Adoption of a Resolution of Necessity (Prescott)
Attachment AC - Notice of Intent to
Consider Adoption of a Resolution of Necessity (Safavi)
Attachment AD - Notice of Intent to Consider Adoption of a Resolution of
Necessity (Panos Vagenas)
Attachment AE - Legal Services Agreement