The URL can be used to link to this page

Home My WebLink About2005-10-11 - AGENDA REPORTS - CROSS VALLEY GAP CLOSURE (3)a R. . ,A Curtis Nay PUBLIC HEARING City Manager Approval:WWI Item to be presented by: Agenda Item: DATE: October 11, 2005 SUBJECT: CROSS VALLEY CONNECTOR GAP CLOSURE, PROJECT NO. 51001 -RESOLUTION OF NECESSITY, SOUTHERN CALIFORNIA GAS COMPANY (SEMPRA) DEPARTMENT: Public Works RECOMMENDED ACTION 1) City Council conduct a public hearing, receive staff report, and review evidence including any oral or written comments presented; 2) Adopt a resolution authorizing the condemnation proceedings necessary for the acquisition of a public utility easement for completion of the Newhall Ranch Road/Cross Valley Connector - Copper Hill to Interstate 5 (I-5) "Gap Closure" segment, Project No. 51001; and 3) Authorize the deposit of $8,100 from Account No. S1001304 with the Los Angeles Superior Court to initiate immediate taking proceedings. BACKGROUND Construction of the proposed improvements to extend Newhall Ranch Road westward from Copper Hill to I-5 will relieve traffic congestion and promote public safety. The Gap Closure is a component of the Cross Valley Connector, and one of the top priorities of the City Council. The project requires acquisition of real property interests for a permanent public utility easement to access existing Edison facilities. The proposed alignment and supporting improvements for Newhall Ranch necessitates the removal of a portion of the existing Edison easement on Gas Company property. Upon the successful acquisition of an easement, the City will transfer the easement interest(s) to Edison.The required property is vacant and no dwellings or buildings are located on the required property. A opted= 0asa. os -ice I On June 14, 2005, the City Council authorized the City Manager to acquire real property interests as required for the right-of-way. With similar agency authority and the powers of eminent domain, the Gas Company has requested this "friendly condemnation" action in order to expedite our possession of the required property. The original offer of $8,100 was presented to the property owner on September 27, 2005. This offer was based on an appraisal dated August 22, 2005. The appraised market value reflects 3,211 square feet of property for an easement. Pursuant to California Government Code Sections 7267.2, 37350, and 40401 et seq., and California Code of Civil Procedure Section 1230.010 et seq., and Section 19, Article I of the California Constitution, and other authorities, the City of Santa Clarita is authorized to acquire property interests by eminent domain, provided certain procedural steps are followed. The Notice of Hearing was timely and duly noticed. A copy of the Notice of Hearing is attached, showing that the notice was given in accordance with the applicable statutes. Adoption of this resolution requires four of the five City Councilmembers to vote affirmative. ALTERNATIVE ACTIONS Other action as determined by the City Council. FISCAL IMPACT Funds are available to acquire the subject property needed to accommodate this future roadway in Account No. S1001304. The expense of litigation associated with the condemnation action is unknown at this time. ATTACHMENTS Notice of Public Hearing Resolution Legal Description Map City Of Santa Clarita 23920 Valencia Blvd. Phone Suite 300 (661) 259.2489 Santa Clarlta Fax California 91355.2196 (661) 259.8125 Website: www.santa-dadta.com September 27, 2005 Mr. Randall R. Morrow (14G1) Southern California Gas Company 555 W. 5th Street Los Angeles, CA 90013 CALIFORNIA OVERNIGHT Subject: Condemnation of 3,211 Square Feet of Right -of -Way Near Proposed Extension of Newhall Ranch Road, West of Aurora Drive, Santa Clarita, California, APN 2866-006-802 CONNECTOR / NEWHALL RANCH ROAD EXTENSION. PROJECT NO. S1001 Dear Owner(s), YOU ARE HEREBY NOTIFIED, pursuant to Code of Civil Procedure Section 1230.010 et. seq., that the City Council of the City of Santa Clarita intends to consider the adoption of a Resolution of Necessity for acquisition by eminent domain of easements interests of certain real property ("Property") for right-of-way purposes and all appurtenant uses, as described and depicted on Exhibit "A" and "B" attached hereto, incorporated herein by this reference. A hearing will be held on October 11, 2005 at 6:00 p.m., or as soon thereafter as the City Council can hear said matter, at the Council Chambers, located at 23920 Valencia Boulevard, Santa Clarita, California 91355. If the resolution is adopted at this meeting, it will authorize the City to acquire the property described herein by eminent domain for the construction of the Cross Valley Connector/ Newhall Ranch Road extension and related improvements (hereinafter, the "Project"). Please take further notice that you have a right to appear and be heard at said Hearing on the following matters and issues, and to have the City Council give judicious consideration to your testimony prior to deciding whether or not to adopt the proposed Resolution of Necessity: PRINTED ON RECYCLED PAPER Mr. Randall Morrow September 27, 2005 Page 2 a. Whether the public interest and necessity require the proposed project; b. Whether 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; C. Whether the property sought to be acquired by eminent domain and described in the Resolution of Necessity is necessary for the proposed project; d. Whether the offer required by Government Code Section 7267.2(a), together with the accompanying statement and summary of the basis for the amount established as just compensation, was actually made to you and whether said offer and statement/summary were in a form and contained all of the factual information required by Government Code Section 7267.2(a); e. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain (the "right to take") to acquire the property described herein, as well as any other matter regarding the right to take said property by eminent domain; and f. Whether the City has statutory authority to acquire the property by eminent domain. A copy of the proposed Resolution of Necessity will be available upon your request for inspection at the office of the City Clerk at 23920 Valencia Blvd., Suite 304, Santa Clarita, CA 91355, five (5) days after this Notice was mailed (September 27, 2005) and prior to the hearing at the place of the hearing. The amount of the compensation to be paid for the acquisition of the property is not a matter or issue being heard by the City Council at this time. Your nonappearance at this noticed hearing will not prevent you from claiming greater compensation as may be determined by a court of law in accordance with the laws of the State of California. This Notice is not intended to foreclose future negotiations between you and the representatives of the City on the amount of compensation to be paid for your property. If you desire to be heard, please be advised that a written request must be actually received by the City Clerk within fifteen (15) days after this Notice was mailed. The date of mailing appears at the end of this Notice. A failure to file a written request to appear and be heard within fifteen (15) days after the Notice was Mr. Randall Morrow September 27, 2005 Page 3 mailed will result in waiver of the right to appear and be heard on the above matters and issues that are the subject of the hearing. If you elect not to appear and not to be heard, you will only be foreclosed from raising in a court of law the issues that are the subject of this noticed hearing and that are concerned with the right to take the property by eminent domain. If you have any questions information regarding the (661)286-4046. Sincerely, Barbara Stoll Acquisition Specialist regarding this hearing, the offer, or have additional value of your property, please contact me at BS:tw s/pw/cpp/stolVgapclosure/GasCo/notice of hearing Enclosure cc: Mr. Andrew Thompson (26C2) Alan Sozio, City Attorney Robert Newman, Director of Public Works Sarona Vivanco, Senior Management Analyst Harry Corder, Senior Engineer Date of Mailing: September 27, 2005 You may use the enclosure for the purpose of notifying the City of your intent and desire to be heard. NOTICE OF HEARING REGARDING THE INTENTION OF THE SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, TO ACQUIRE PROPERTY BY EMINENT DOMAIN FOR THE CROSS VALLEY CONNECTOR /NEWHALL RANCH ROAD EXTENSION PROJECT NO. S1001 REQUEST TO APPEAR AND BE HEARD Name Telephone Address Date Signature Mail to: City Clerk City of Santa Clarita 23920 Valencia Blvd., Suite 304 Santa Clarita, CA 91355