SR-505-001-04 (15)
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City Council Report
City Council Meeting: August 8, 2006
Agenda Item: 1C
To:
Mayor and City Council
From:
Martin Kennerly, Acting Director Resource Management Department
Subject:
Colorado/Ocean Avenue Sewer Relief Project: Setting Date for Hearing to
Consider a Resolution of Necessity to Acquire a Sewer Easement
Recommended Action
It is recommended that the Santa Monica City Council set a hearing date of September
26, 2006, to consider adoption of a Resolution of Necessity to acquire a sewer
easement for the Colorado/Ocean Avenue Sewer Relief Project from Felcor Hotel Asset
Company, LLC, for property located at 120 Colorado Boulevard, site of the Holiday Inn.
Executive Summary
The City is designing the Colorado/Ocean Avenue Sewer Relief project to serve the
portion of the City located north of Colorado Avenue. The new sewer alignment crosses
the Holiday Inn property, east of the hotel building, runs under the 1-10 freeway,
ultimately connecting to the sewer main in Ocean Avenue. The City first presented a
written offer in March 2006, and a revised offer in July 2006, to acquire the easement,
but has not as yet received an acceptance or counter-offer. Acquisition of the easement
may require that the City exercise its eminent domain authority. Staff requests that the
City Council schedule a hearing for September 26, 2006, to consider adoption of a
Resolution of Necessity and that in accordance with State Law, the property owner be
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given a reasonable opportunity to appear and be heard. Following adoption of the
Resolution, the City may file suit in Superior Court to obtain possession of the
easement.
Discussion
An existing 30" diameter sewer main serves as the backbone to the City's northern
sewage collection system, handling two-thirds of all wastewater flows from that section
of the community. The sewer line originates at Colorado Avenue, runs under the
western portion of the Holiday Inn site, just west of the hotel building (near the area of
the swimming pool), under the 1-10 Freeway, crosses beneath the former Rand
Corporation property and connects to a recently lined 39" diameter main under Ocean
Avenue. This sewer line was damaged during the Northridge earthquake in 1994.
After extensive analysis, the City determined that the best approach to meet the City's
sewer needs, from both an engineering feasibility and cost-effectiveness standpoint, is
to construct a new sewer main from Colorado Avenue, under the eastern portion of the
Holiday Inn site, under the 1-10 Freeway and under the former Rand property, ultimately
connecting to the sewer main under Ocean Avenue. Once the new eastern line is
operational, the existing western main will be available for backup sewer services.
The proposed location of the relief sewer requires the acquisition of an easement at 120
Colorado Avenue, the Holiday Inn site. The design of the easement is currently
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underway and is proposed to be about 25 feet wide, approximately 83 feet in length,
and approximately 30 feet below the surface. A portion of the proposed easement is
located beneath an existing storm drain easement. The proposed easement is located
under an area now used by the Holiday Inn for surface parking, just east of the existing
hotel building. The City offered to acquire the easement from the property owner, but
has received no response.
Design of the easement is underway. Engineering staff proposes construction to begin
in spring 2007. The City needs to secure possession to the easement before
construction begins. If the easement cannot be acquired through negotiations, it may
need to be acquired through the use of eminent domain.
Prior to acquiring property through eminent domain, State law requires that the City
conduct a hearing at which persons whose property is to be acquired by eminent
domain have a reasonable opportunity to appear and be heard. After considering the
testimony and other information, the Council may adopt a Resolution of Necessity to
acquire the property through eminent domain. The Resolution of Necessity must be
approved by two-thirds of all members of the City Council. After a Resolution is
adopted, the City may file suit in the Superior Court to obtain possession of the
easement.
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Staff recommends that Council set September 26, 2006, as the date of the hearing to
consider the Resolution of Necessity for acquisition of the sewer easement at 120
Colorado Avenue.
Previous Council Actions
On February 28, 2006, the City Council approved an agreement with Black & Veatch to
design the project, and authorized staff to explore and negotiate the possible acquisition
of a sewer easement.
Environmental Analvsis
The project is Categorically Exempt from CEQA and NEPA and a Notice of Exemption
is expected to be filed by August 30, 2006, prior to Council consideration of the
Resolution of Necessity.
Public Outreach
Notice of the hearing will be delivered by first class mail to the property owner at least
15 days prior to the date of hearing, as specified by State Law CCP 1245.350, and by
certified mail, return receipt requested.
BudaeVFinanciallmpact
The Federal Emergency Management Agency provided funds for various upgrade
projects throughout the City as a result of the 1994 Northridge Earthquake. If the City
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takes steps to acquire the sewer easement through a negotiated purchase agreement
or through eminent domain after adopting a Resolution of Necessity at the hearing on
September 26, 2006, sufficient budgeted funds will be available for the acquisition of the
sewer easement at Account E130873.555060.
Prepared by:
Miriam Mack, Economic Development Manager
Approved:
Forwarded to Council:
Martin Kenne Iy
Acting Director, Resource Mana
Department
Attachment: Map showing location of proposed Sewer Easement
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NOTE:
REQUIRED EASEMENT IN
ELEVA liON IS 25 FT HIGH
8ETVlEEN EL. 17.00 AND 42.00.
50' 40' 0 BO'
1""""'\....--
160'
1"=80'
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FI GURE 1
COLOADO OCEAN RELIEF SENER
REQUIRED 5E~ER EASE~ENT
NITHIN HOLIDAY INN PRDPERTY
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