CC Resolution 2004-022RESOLUTION NO. 2004-022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, DECLARING THE PUBLIC
INTEREST AND NECESSITY OF ACQUISITION OF
PROPERTY LOCATED AT 46-250 JEFFERSON STREET,
LA QUINTA, CALIFORNIA (APN 649-090-003) FOR
JEFFERSON STREET IMPROVEMENTS, PHASE II,
PROJECT 2000-19
WHEREAS'r the City of La Quinta has been investigating potential acquisition
of property located at 46-250 Jefferson Street, in the City of La Quinta, bearing
Riverside County Assessor Parcel No. 649-090-003, and more specifically
described in the legal description attached hereto as Exhibit "A," which is
incorporated herein by reference ("Property"); and
WHEREAS, the City has been investigating potential acquisition of this
Property for the widening of Jefferson Street, specifically the Jefferson Street
Improvement, Phase II, Highway 111 to Indio Boulevard, Project 2000-19
("Project"); and
WHEREAS, on February 3, 2004, after no less than 15 days written notice
to the record owners of the Property, as shown on the title information obtained by
the City, and the last equalized assessment roll, the City Council of the City of La
Quinta held a public hearing for the purpose of considering, and allowing the record
owners of the Property a reasonable opportunity to appear and be heard on, all of
the following matters:
A. Whether the public interest and necessity require the Project;
B. Whether the Project is planned or located in a manner that 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;
D. Whether the offer required by Government Code § 7267.2 has been
made; and
E. Whether the City has properly exercised all of its statutory
responsibilities and duties antecedent to the legal exercise of eminent
I domain against the Property; and
Resolution No. 2004-022
Jefferson Street Widening - Resolution of Necessity
Adopted: February 3, 2004
Page 2
WHEREAS, the City Council has received various factual information bearing
upon each of the matters referenced above, including but not limited to, the
representations made within, and evidence attached to, the staff report prepared
by staff for consideration in connection with the hearing; 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 fee interest in
the Property for the purposes of the widening of Jefferson Street; and
WHEREAS, the Project was originally reviewed and approved under the
California Environmental Quality Act ("CEQA") in the 1999 Initial Study/Mitigated
Negative Declaration SCN 99031046 ("1999 IS/MND"), which was certified by the
City Council on May 18, 1999, in City Council Resolution No. 99-66; and
WHEREAS, on August 19, 2003, the City Council adopted Resolution No.
2003-076, wherein it certified an Addendum to the 1999 IS/MND. The Addendum
updated the information about the project and found that the project will cause no
effects on the environment that cannot be reduced to a level of insignificance
based on the mitigation measures adopted in connection with the 1999 IS/MND.
The Addendum further supports that the project modifications that have occurred
since 1999 would not result in significant environmental impacts. The Addendum
was prepared in accordance with CEQA Guideline 15162, and concludes that no
further environmental review is necessary for the acquisition of right-of-way and
the construction of the proposed roadway improvements; and
WHEREAS, on August 20, 2003, the City filed a Notice of Determination
regarding the certification of the Addendum with the Riverside County Clerk, in
compliance with Section 21 152 of the Public Resources Code; and
WHEREAS, in considering the Resolution of Necessity, the City Council has
considered the environmental information contained in the Addendum, along with
information in the 1999 IS/MND; and
WHEREAS, on August 12, 2003, the Planning Commission considered
whether the potential acquisition of the properties along Jefferson Street was
consistent with the City's General Plan, in accordance with Government Code
Section 65402. The Planning Commission concluded that the acquisitions of the
properties would be in conformity with the General Plan, and adopted Planning
Commission Resolution 2003-059 reflecting such findings.
Resolution No. 2004-022
Jefferson Street Widening - Resolution of Necessity
Adopted: February 3, 2004
Page 3
WHEREAS, on November 18, 2003, the City adopted the Relocation Plan for
the Jefferson Street Widening Project, Phase II, La Quinta, California, prepared by
Overland, Pacific & Cutler, Inc. The Relocation Plan has been transmitted to the
California Department of Housing and Community Development.
WHEREAS, the City of La Quinta is authorized to acquire the Property for
street improvement purposes under the authority of its own charter, and under the
authority granted by Government Code Sections 37350.5 and 40404.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La
Quinta, California, as follows:
1. The recitals set forth correct are true and correct and are adopted as
the findings of the City Council.
2. The Project for which the acquisition of the Property is required is the
Jefferson Street Improvement, Phase II, Highway 111 to Indio Boulevard Project.
The project will include the widening of Jefferson Street from two lanes generally
to a six -lane, arterial highway, with a typical 120' cross-section.
r--
3. The Property to be acquired is located within the City of La Quinta,
County of Riverside, State of California, located at 46-250 Jefferson Street, in the
City of La Quinta, bearing Assessor Parcel No. 649-090-003. The Property the
City seeks to acquire consists of fee simple title to approximately 7,841 square
feet of land, more specifically described in the legal description attached hereto as
Exhibit "A".
4. The public interest and necessity require the Project, in that it is
consistent with the City's General Plan, and specifically the City's Circulation
Element. The City Council hereby adopts the finding set forth in Planning
Commission Resolution 2003-059. Pursuant to the Coachella Valley Area
Transportation Study, the Valley's population is one of the fastest growing areas in
Southern California and expected to increase. This project is necessary to
accommodate the projected growth and population increase and accommodate safe
traffic movements.
5. The Project is located in a manner most compatible with the greatest
public good and the least private injury, in that the improvements will include the
widening of Jefferson Street from two lanes to a six -lane arterial highway providing
much needed additional traffic handling capacity over the Jefferson Street arterial
to accommodate both present and future traffic demands. The proposed Project
will also widen and construct a multiple span, all weather bridge over the
Resolution No. 2004-022
Jefferson Street Widening - Resolution of Necessity
Adopted: February 3. 2004
Page 4
Whitewater River that will provide greater vehicular safety, including during flood
events, and providing additional opportunities for wildlife movement and habitat
access. The proposed Project will result in the least private injury because the
right-of-way being acquired is limited to properties immediately adjacent to the
existing roadway, and includes full acquisition of potentially affected residences to
minimize potential impacts from roadway construction and operation of habitable
structures. The Project is designed in a manner compatible with the greatest public
good in that the Project will involve road widening so as to improve an important
link between Highway 1 1 1 and 1-10.
6. The Property to be acquired is necessary for the Project, in that the
Project is designed to relieve regional traffic congestion and improve the capacity
of the street which will require continuity in the roadway alignment and traffic
handling capacity of the streets.
7. Portions of the Property sought to be acquired include area outside of
the proposed alignment of the Project's proposed roadway and public right-of-way
improvements. Pursuant to Code of Civil Procedure sections 1240.410, the City
Council finds that such property will be left in such size, shape, or condition to be
of little market value, and this constitutes a remnant whose acquisition is
authorized under the above -referenced statute. This remnant finding is supported
by a petition submitted to the City through the course of project planning,
requesting selection of the project design alternative which resulted in full
acquisitions as currently planned for the Project.
8. The offer required by Government Code Section 7267.2 has been
made to the owner of record, by way of a letter dated July 29, 2003. City staff
has attempted to negotiate with the record owners and their representatives
subsequent to the issuance of this offer, but the negotiations have not proved
successful in securing the necessary property interests.
9. Notice of the resolution of necessity hearing was provided to the
owners of record by way of mailed, written notice sent on December 29, 2003.
10. 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 Property 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 Section 1240.510 and 1240.610.
11. The City Council hereby declares its intent to acquire fee simple
ownership of the Property, more specifically described in Exhibit "A" hereto, in the
City's name in accordance with the provisions of the laws of the State of
California.
Resolution No. 2004-022
Jefferson Street Widening - Resolution of Necessity
Adopted: February 3, 2004
Page 5
12. The Project has been reviewed and approved under CEQA through the
1999 IS/MND and the Addendum thereto. The City finds that as reflected in the
Addendum, that 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
alternatives which has become available, and no subsequent changes have been
proposed in the Project which would require further environmental review.
13. The law firm of Rutan & Tucker, LLP, City Attorney for the City of La
Quinta ("City Attorney"), is hereby authorized and directed to' prepare and
prosecute in the name of the City such proceedings in a court having proper
jurisdiction thereof, as may be necessary for the acquisition of the Property
described herein, including without limitation, seeking prejudgment possession of
such Property, and to prepare and file such pleadings, documents, and otherwise
prosecute such actions as may be necessary in the opinion of the City Attorney to
acquire the Property for the City. Such attorneys are specifically authorized to take
whatever steps and/or procedures as are available to them under the Eminent
Domain Law of the State of California, relating to acquisition of the Property.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta
City Council held this 3rd day of February, 2004, by the following vote to wit:
AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
att�4 kL
DON ADOLPH, Mayor
City of La Quinta, California
Resolution No. 2004-022
Jefferson Street Widening - Resolution of Necessity
Adopted: February 3, 2004
Page 6
ATTEST:
J . GREEK, CMC, - lerk
City of La Quinta, California
(City Seal)
APPROVED AS TO FORM:
R- /( se /—\,
M. KAT ERINE JENSO , City Attorney
City of La Quinta, California
Resolution No. 2004-022
Jefferson Street Widening - Resolution of Necessity
Adopted: February 3, 2004
Page 7
EXHIBIT "A"
The real property and improvements thereon situated in the State of
California, County of Riverside, City of La Quinta, are described as follows:
Lot 37 Of Tract 2190, As Shown By Map On File In Book 41 Pages 55, 56 And 57
Of Maps, Riverside County Records.
APN 649-090-003