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CC Resolution 2004-090RESOLUTION NO. 2004-090 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 80025 VISTA GRANDE, LA QUINTA, CALIFORNIA (APN 649-142-001) FOR JEFFERSON STREET IMPROVEMENTS, PHASE II, PROJECT NO. 2000-19 WHEREAS, the City of La Quinta has been the investigating potential acquisition of a portion of property located at 80025 Vista Grande, in the City of La Quinta, bearing Riverside County Assessor Parcel No. 649-142-001, and more specifically described in the legal description and depicted on the map attached hereto as Exhibits "A" through "D" which are incorporated herein by reference ("Property"); and WHEREAS, the City has been investigating the potential acquisition of this Property for the widening of Jefferson Street, specifically the Jefferson Street Improvement, Phase II, Highway 111 to Indio Boulevard, Project No. 2000-19 ("Project"); and WHEREAS, on August 17, 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 domain against the Property; and 119/015610-0008 528127.01 a08/18/04 Resolution No. 2004-090 Jefferson Street Widening Project Phase II Resolution of Necessity Adopted: August 17, 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 a portion of 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. 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. 119/015610-0008 528127.01 a08/13/04 Resolution No. 2004-090 Jefferson Street Widening Project Phase II Resolution of Necessity Adopted: August 17, 2004 Page 3 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 ll, Highway 111 to Indio Boulevard Project, Project No. 2000-19. 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. 3. The Property to be acquired is located within the City of La Quinta, County of Riverside, State of California, located at 80025 Vista Grande, in the City of La Quinta, bearing Assessor Parcel No. 649-142-01. The Property the City seeks to acquire consists of the following: a. A perpetual exclusive easement for public right-of-way and roadway purposes, including all use. of -the Property for purposes incident to public right-of-way use, including but not limited to the construction, maintenance, and operation of a roadway, underground and above ground utilities and appurtenances, cable communication or telecommunication facilities, directional, street identification, or motorist or pedestrian informational signage, traffic control devices, curbs, gutters, sidewalks, landscaping, drainage and sewage facilities, and transportation facilities such as bus bays, benches, bus or train stops, bicycle pathways ,or facilities for railway or other public transportation vehicles .or manners of conveyance of approximately 663 square feet of land, more specifically described in the legal description attached hereto as Exhibit "A" and depicted in the map attached as Exhibit "B". b. A temporary construction easement over approximately 870 square feet of Property, more specifically described in Exhibit "C" and depicted in Exhibit "D" attached hereto. The temporary construction easement shall consist of the interests described below: The temporary construction easement is a nonexclusive easement which permits City of La Quinta, its officers, employees, and contractors, to enter upon, occupy and pass over the temporary construction easement area more specifically described in the Legal description attached as Exhibit "C" as 119/015610-0008 528127.01 a08/13/04 ' Resolution No. 2004-090 Jefferson Street Widening Project Phase II Resolution of Necessity Adopted: August 17, 2004 Page 4 deemed reasonably necessary for all purposes incidental to reconstructing and widening of Jefferson Street in accordance with the approved street construction (the "Project"). The temporary construction easement shall include the right to perform within the temporary construction easement area, any necessary excavation; grading; earth fill; compaction; installation of concrete forms; landscaping; irrigation; utility; and sign relocation; accommodation of private drainage facilities; and deposit of tools, equipment and material for all such necessary activities which are reasonably incidental to the work being performed on said property in connection with the Project. Such incidental activities shall include, but not be limited to, utilizing the temporary construction easement area for adjusting grade differentials between the planned street and the adjoining real property and/or matching existing concrete and/or asphalt paved areas, and/or natural grade areas, or such work as may pertain to on -site improvements to render the temporary construction easement area or the larger parcel to which it pertains in the same functional condition as reasonably practicable to the condition before the Project in terms of access, irrigation, and relation of public right-of-way improvements to the larger parcel. The temporary construction easement shall not include the right to store any materials or park any vehicles which are not incidental to the work to be performed on site in connection with the Project, nor to block all vehicular access to the larger parcel of the property of which the temporary construction easement area is a part, nor exercise the uses of the easement outside of the temporary ' construction easement area. In connection with the exercise of the temporary construction easement rights hereunder, City shall protect all structures on the temporary construction easement area in place, and shall protect or restore all improvements thereon. The rights granted hereunder shall commence fourteen (14) days after written notification to the property owner of the commencement of construction of the Project and shall continue in full force and effect until written notice to the owner of record that the temporary construction easement is no longer needed by the .City, or twelve (12) months after notice of the initiation of the temporary construction easement, whichever is earlier. Upon termination of the temporary construction easement, the temporary construction easement area shall be restored to a condition that is as functionally equivalent as is practicable to its condition prior to the commencement of the work, consistent with the Project as designed and as to be constructed. 119/015610-0008 528127.01 a08/UM Resolution No. 2004-090 Jefferson Street Widening Project Phase II Resolution of Necessity Adopted: August 17, 2004 Page 5 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 findings 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 Whitewater River that will provide greater vehicular safety, including during flood events, and providing additional opportunities for wildlife movement and habitat acdess. The proposed Project will result in the least private injury in that the design of the roadway widening must of. necessity occupy land which is immediately adjacent to the existing roadway, in order to maintain the continuity of the alignment of the road for all users. The Property to be taken for -the project is necessitated and established by the street alignment in an effort to minimize any disproportionate burden or impact of the required property being taken' from individual property owners. 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. The offer required by Government Code Section 7267.2 has been made to the owner of record, by way of a letter dated June 8, 2004. 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. 8. Notice of the resolution of necessity hearing was provided to the owners of record by way of mailed, written notice sent on July 26, 2004. 119/015610-0008 528127.01 a08/13/04 Resolution No. 2004-090 Jefferson Street Widening Project Phase 11 Resolution of Necessity Adopted: August 17, 2004 Page 6 9. 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. 10. The City Council hereby declares its intent to acquire the Property in the City's name in accordance with the provisions of the laws of the State of California. 11. 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. 12. 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 17th day of August, 2004, by the following vote to wit: _ AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None DONALD O. ADOLP , Ma or City of La Quinta, California 119/015610-0008 528127.01 a08/18/04 Resolution No. 2004-090 Jefferson Street Widening Project Phase 11 Resolution of Necessity Adopted: August 17, 2004 Page 7 ATTEST: J S. GREEK, CMC, City erk City of La Quinta, California (SEAL) APPROVED AS TO FORM: . KATH RINE JEN ON, City Attorney City of La Quinta, California 119/015610-0008 528127.01 a08/13/04 Subj�c! 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