Loading...
97-150WHEREAS, the City of Anaheim has been investigating the acquisition of various interests in property, including fee interests on property located at 700 Convention Way, for the purposes of making public improvements, as part of the Anaheim Resort Area Specific Plan, and the Convention Center Improvements; and WHEREAS, on August 5, 1997, after no less than fifteen (15) days written notice to the owners of the Property referenced above, and more specifically described in the legal descriptions attached hereto as Exhibit "A," which legal descriptions are incorporated herein by reference, the City Council of the City of Anaheim held a hearing for the purposes of allowing the record owners of such property reasonable opportunity to appear and be heard on the following matters: RESOLUTION NO. 97R -150 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUISITION OF PORTIONS OF PROPERTY LOCATED AT 700 CONVENTION WAY FOR THE PURPOSES OF CONDUCTING PUBLIC IMPROVEMENT (R /W 5200 -2). A. Whether the public interest and necessity required the Project; B. Whether the Project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; C. Whether the Property proposed to be acquired is necessary for the Project; and D. Whether the offer required by Government Code 7267.2 had been given to the owners of record; and whether the City had properly exercised all of its statutory responsibilities and duties antecedent to the exercise of eminent domain against the Property; and WHEREAS, the City Council, as a result of such hearing, has determined that the public health, safety and welfare require that the City acquire various interests in the Property more particularly described herein "Property for the purposes of expanding and improving the Convention Center; and WHEREAS, the Project for which the Property to be acquired is sought has previously been reviewed under applicable envir- onmental review procedures, including Environmental Impact Report No. 313 (Anaheim Resort); and WHEREAS, the City of Anaheim is authorized to acquire the Property under authority of its own charter, and Government Code 37350.5, 37501 and 40404; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim, California, that the City Council does hereby find, determine and declare upon evidence presented to the City Council as follows: SECTION I. The Project consists of the expanding and improving of the Convention Center, including installation of landscaping and public utilities. SECTION II. The Property to be acquired is located within the City of Anaheim, County of Orange, State of California, and is located at 700 Convention Way, (Assessor Parcel No. 137 -031- 09). The portions of Property the City seeks to acquire, and the Property interests sought, consist of the following: A. Fee simple title to approximately 25,277.33 square feet at the West end of the Property, as more specifically described in Exhibit "A" hereto. SECTION III. The public interest and necessity require the Project, in that the City's General Plan, focuses on encouraging tourism as a fundamental goal for this area of the City. A key component of this is a thriving convention business, and the existence and availability of facilities capable of accommodating large conventions. The City derives revenue from the utilization of convention facilities in the City both directly through payments to the Convention Center, and indirectly from the sales tax, transient occupancy tax, and other revenue which comes from the secondary business resulting from visitors who come to the City as a part of large conventions. The City has lost a certain portion of large convention business to other locations because of the current capacity and other constraints of the Convention Center. Consequently, an expansion of the Convention Center facilities and attendant parking is required to maintain and enhance the City's Convention Center component of its overall tourist attraction strategy. SECTION IV. The Project is located in a manner most compatible with the greatest public good and least private injury, in that the design of the Convention Center expansion must of necessity occupy land immediately adjacent to the existing Convention Center, in order to maintain the operational integration and convenience of a unified facility, including circulation improvements to serve such a facility. The Project is located in a manner most compatible with the least private injury, in that the take has been configured to avoid disturbing -2- any existing structures. In addition, the Project is expected to generate secondary economic benefit to businesses located on properties immediately adjacent to the areas taken, as a result of the increased attractiveness of the Convention Center for large convention facilities, and the increased number of visitors large conventions attract. SECTION V. The Property is necessary for the proposed Project, in that the Convention Center improvements must of necessity occur on property immediately adjacent to the existing Convention Center, in order to provide an integrated facility. SECTION VI. The offer required by Government Code 7267.2 has been made to the record owners, by way of letter dated July 15,1997. Staff has attempted to negotiate with the record owners subsequent to this offer, but such negotiations have not proved successful in securing the necessary property interests outside of more formal proceedings. SECTION VII. To the extent any of the property to be taken herein is devoted to a public use, the City finds that the proposed use for the Project is compatible with, or more necessary to, such public use, and that the City is authorized to acquire the Property pursuant to Code of Civil Procedure 1240.510 and 1240.610. SECTION VIII. The Project has been reviewed and approved under the California Environmental Quality Act by way of certification of Environmental Impact Report No. 313, and the City Council finds and determines that since the time of that certification there have been no subsequent changes with respect to the circumstances under which the Project is to be undertaken, no new information of substantial importance regarding significant effects or mitigation measures or alternative which has become available, and no subsequent changes have been proposed in the Project which would require important revisions to the previous environmental impact reports, such that no further environmental review attending this proposed acquisition is necessary. SECTION IX. The law firm of Rutan Tucker, LLP, special counsel for the City of Anaheim, and the City Attorney are hereby authorized to prepare and prosecute in the name of the City, such special proceedings in the proper court having jurisdiction thereof, as are necessary for acquisition of the Property described herein, and to prepare and file such pleadings, documents, and otherwise prosecute such actions as may be necessary in the opinion of such attorneys to acquire for the City the Property. Such attorneys are specifically authorized to take whatever steps and /or procedures are available to them under the Eminent Domain Law of the State of California, including, but not limited to, seeking orders for prejudgment possession of the property. The City Attorney is authorized to assign any work in such action to other attorneys as the City Attorney may deem appropriate. -3- THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 5th day of Augus 1997. ATTEST: Sd..a 1 CI CLERK OF TH CITY OF ANAHEIM 0023848.01UnslaughtUune 30, 1997 4 MAYOR OF THE CIT 0 ANA STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 97R -150 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 5th day of August, 1997, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 97R -150 on the 5th Day of August, 1997. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 5th day of August, 1997. (SEAL) CITY CLERK OF THE CITY OF ANAHEIM I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 97R -150 was duly passed and adopted by the City Council of the City of Anaheim on August 5th, 1997. CITY CLERK OF THE CITY OF ANAHEIM