|
Agenda Item
ASR
Control 23-000184 |
||
|
MEETING
DATE: |
03/28/23 |
|
|
legal entity taking action: |
Board
of Supervisors |
|
|
board of supervisors district(s): |
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, Brookhurst
Street Widening Project
|
ceo CONCUR |
County Counsel Review |
Clerk of the Board |
||||||||
|
Concur |
Approved
Agreement(s) and Resolution(s) |
Public
Hearing |
||||||||
|
|
|
2/3
Vote |
||||||||
|
|
|
|
||||||||
|
Budgeted: Yes |
Current Year
Cost: $1,080,900 |
Annual Cost: N/A |
||||||||
|
|
|
|
||||||||
|
Staffing Impact: |
No |
# of Positions: |
Sole Source: N/A |
|||||||
|
Current Fiscal Year Revenue: N/A
|
||||||||||
|
Prior Board Action: 12/4/2018 #31, 4/24/2018 #15,
4/13/2021 #32 |
||||||||||
RECOMMENDED
ACTION(S):
|
1. |
Conduct public hearing. |
|
|
2. |
At the conclusion of the hearing, make
the following California Environmental Quality Act findings: |
|
|
|
a) |
The City of Anaheim, as lead agency
under CEQA for the Brookhurst Street Precise Alignment Plan Project, adopted
Mitigated Negative Declaration SCH# 2010041037 on June 22, 2010. The County
of Orange, as a responsible agency under CEQA Guidelines Section 15381, has
reviewed and considered the MND prepared by the City of Anaheim, and
certifies that it has done so, pursuant to CEQA Guidelines Section 15050(b). |
|
|
b) |
There are no significant environmental
effects within the jurisdiction of the County of Orange which require a
finding on the part of the County of Orange. |
|
|
c) |
The circumstances of the project are
substantially the same as described in MND SCH# 2010041037 and 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 which was not known or could have been known when MND SCH#
2010041037 was certified has become known. |
|
|
d) |
There are no feasible alternatives or
feasible mitigation measures within the separate authority of the County of
Orange to impose, which would substantially lessen or avoid any significant
effect the project would have on the environment, pursuant to CEQA Guidelines
section 15096 (g)-(h). |
|
|
e) |
As a responsible agency, the County of
Orange is authorized, pursuant to CEQA Guidelines section 15096, to rely on
the MND SCH# 2010041037 adopted by the City of Anaheim. |
|
3. |
Adopt the Resolutions of Necessity
attached as Attachments D through J. |
|
|
|
|
|
|
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 S 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 will allow the County of
Orange to acquire easements for the Brookhurst Street Widening Project will
support widening the west side of Brookhurst Street to provide a third
southbound lane, bike lane, sidewalk, walls, landscape parkways and drainage
improvements within the County of Orange unincorporated areas in the City of
Anaheim.
BACKGROUND
INFORMATION:
On December 4, 2018, the Board
approved Cooperative Agreement MA-080-19010444 (Agreement) between the County
of Orange (County) and City of Anaheim (City) to widen Brookhurst Street from
Guinida Lane to Cerritos Avenue. Brookhurst Street is designated as a six-lane
major arterial highway on the Orange County Transportation Authority (OCTA)
Master Plan of Arterial Highways and is currently deficient to handle the daily
traffic volume per OCTA's 2016 Traffic Flow Map. The Brookhurst Street
Widening-Phase 2 (Project) will add a third southbound lane to close a gap
within this reach and mitigate a traffic bottleneck. This Project was included
in the OC Public Works 7-Year Capital Improvement Program approved by the Board
of Supervisors (Board) on April 24, 2018. On April 13, 2021, the Board approved
Amendment No. 1 to the Cooperative Agreement between County of Orange and City
of Anaheim for Funding, Design and Construction for Brookhurst Street Widening,
Phase 2, to increase the County of Orange's financial obligation by $710,000,
for a revised cumulative total of $3,210,000.
In June 2015, the City completed the
Brookhurst Street Widening, Phase 1 Project, which included the widening of
Brookhurst Street from Ball Road to Katella Avenue from four to six lanes, with
the exception of the segment within the County’s unincorporated jurisdiction
between Guinida Lane to Cerritos Avenue, which was only widened to five lanes.
The Agreement stipulates that the
City will be the lead agency for the design, right-of-way engineering and
construction of the Project. The County’s obligation per the Agreement is to
acquire the right-of-way from property owners within the unincorporated County
and pay the actual cost and expenses of the County portion of the Project. The Project was originally planned to start
construction in FY 2019-20; however, due to right-of-way delays, the Project’s
construction will begin in FY 2023-24.
A more detailed description of the
intended public use of, and necessity for, these acquisitions is contained in
the accompanying OC Public Works Memoranda, attached hereto as Attachment B,
which is incorporated herein by this reference and that provides substantial
information supporting the requested findings contained in the proposed
Resolutions of Necessity. 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
recommended action and adoption of the proposed Resolutions of Necessity
(Resolutions) would find and declare the public interest and necessity for the
Project and require the property interests to be obtained to complete the
Project.
Accordingly, OC Public Works and
CEO Real Estate request 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 Attachments D through J.
Upon
completion of the Project, the County will also work cooperatively with the
City to adjust the City and County right-of-way boundary within the Project in
accordance with a Precise Alignment Plan, with plats and legal descriptions
based on approved project plans, to be provided by the City. The County will
then transfer all acquired rights to the City and will be relieved of
maintenance responsibilities and liability for this stretch of Brookhurst
Street thereafter.
Compliance with CEQA: The City of
Anaheim as lead agency under CEQA for this project adopted Mitigated Negative
Declaration (MND) SCH# 2010041037 on June 22, 2010. The County of Orange as a
responsible agency under CEQA Guidelines section 15381, has reviewed and
considered the adopted MND SCH# 2010041037 and certifies it has done so. As a
responsible agency, the County of Orange is authorized by Guidelines section
15096 to rely on the adopted MND by the City of Anaheim.
FINANCIAL
IMPACT:
Appropriations are included in OC
Road-Capital Improvement Projects, Fund 174's, FY 2022-23 Budget.
|
# |
Property
Owner Name |
Amount |
Project Parcel No. |
Account Coding with JCN |
|
1 |
Pham |
$1,700 |
Z23-169 |
174-080-174-P13R-3600-EQ18016R |
|
2 |
Inge Realty |
$2,300 |
Z23-168 |
174-080-174-P13R-3600-EQ18016R |
|
3 |
Nguyen |
$55,100 |
Z23-164 & 164.1 |
174-080-174-P13R-3600-EQ18016R |
|
4 |
Ibrahim Family |
$119,000 |
Z23-163 & 163.1 |
174-080-174-P13R-3600-EQ18016R |
|
5 |
Smith |
$118,000 |
Z23-162 & 162.1 |
174-080-174-P13R-3600-EQ18016R |
|
6 |
April |
$164,000 |
Z23-161 & 161.1 |
174-080-174-P13R-3600-EQ18016R |
|
7 |
Alaa and Ali Ibrahim |
$14,700 |
Z23-156 |
174-080-174-P13R-3600-EQ18016R |
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 - Resolution of Necessity (Pham)
Attachment E - Resolution of Necessity (Inge Realty)
Attachment F - Resolution of Necessity (Nguyen)
Attachment G - Resolution of Necessity (Ibrahim)
Attachment H - Resolution of Necessity (Smith)
Attachment I - Resolution of Necessity (April)
Attachment J - Resolution of Necessity (Alaa & Ali Ibrahim)
Attachment K - Notice of Intent to Consider Adoption of a Resolution of
Necessity (Pham)
Attachment L - Notice of Intent to Consider Adoption of a Resolution of
Necessity (Inge Realty)
Attachment M - Notice of Intent to Consider Adoption of a Resolution of
Necessity (Nguyen)
Attachment N - Notice of Intent to Consider Adoption of a Resolution of
Necessity (Ibrahim)
Attachment O - Notice of Intent to Consider Adoption of a Resolution of
Necessity (Smith)
Attachment P - Notice of Intent to Consider Adoption of a Resolution of
Necessity (April)
Attachment Q - Notice of Intent to Consider Adoption of a Resolution of
Necessity (Alaa & Ali Ibrahim)
Attachment R- Legal Services Agreement