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CC Resolution 2004-092RESOLUTION NO. 2004-092 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DECLARING THE PUBLIC INTEREST AND NECESSITY OF ACQUISITION OF A PORTION OF PROPERTY LOCATED AT NORTHWEST CORNER OF MILES AVENUE AND JEFFERSON STREET, LA QUINTA, CALIFORNIA (APN 604-493-014 AND 604- 493-015) 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 the northwest corner of Miles Avenue and Jefferson Street, in the City of La Quinta, bearing Riverside County Assessor Parcel Nos. 604-493-014 and 604-493-0*15,. and more specifically described in the legal description and depicted on the map attached hereto as Exhibits "A" and "B" which are incorporated herein by reference ("Property"); and WHEREAS, the City has been investigating the potential acquisition of a portion of this Property for the widening of Jefferson Street, specifically the Jefferson Street Improvement, Phase Il, 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 119/015610-0009 529093.01 a08/13/04 Resolution No. 2004-092 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 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 Quintal 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 529093.01 a08/13/04 Resolution No. 2004-092 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 the northwest corner of Miles Avenue and Jefferson Street in the City of La Quinta, bearing Assessor Parcel Nos. 604-493-014 and 604-493-015. 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 5,086 square feet of land, more specifically described in the' legal description attached hereto as Exhibit "A" and depicted in Exhibit "B". 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. 119/015610-0008 529093.01 a08/13/04 Resolution No. 2004-092 Jefferson Street Widening Project Phase II Resolution of Necessity Adopted: August 17, 2004 Page 4 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 access. 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, and the Project of necessity must occur on property adjacent to the existing roadway. 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 10, 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. 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. 1 1 . 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 119/015610-0008 529093.01 a08/13/04 Resolution No. 2004-092 Jefferson Street Widening Project Phase II Resolution of Necessity Adopted: August 17, 2004 Page 5 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 0. ADOLP Mayo City. of La Quinta, California ATTEST: aEt--!---1FREEK, CMC, .Clerk City of La Quinta, California (SEAL) 119/015610-0008 529093.01 a08/13/04 Resolution No. 2004-092 Jefferson Street Widening Project Phase II Resolution of Necessity Adopted: August 17, 2004 Page 6 APPROVED AS TO FORM: M. Af H RI E JENSON, Ci ttorney City of La Quinta, California 119/015610-0008 529093.01 a08/13/04 W CONSL M 74*4" H n w 111 PON OwR Ca .Mry 12, 200i .M >a1�074t� L/0AL DE�CIIlT10N raw 1 of 1 .IQ'l�ON �T fF OF WAY iA'N �ONq• b F% O1� 7hdWIMnprWdb dWwMdlnftC lrofts A �.C�oA*damd�dC�oni�. boip h■t parandLob'P&W V dTMot MjpNoy 241a4 ao,ol�oan ao a n* �Mwdibd b Nook N = of . s b the OMM dONCwn4►Armdor d aM Coeur* d Rod ww•••-60, r Mvd..mI Lt d *ao�ts iliewn "Noew �0'�t 6�t• Wed 41a.�i1 v soWhwV lm d raid Lat VW= NN*44*3M" Eart32Atrattba ing -1 vMM�and 74ao.-'w�Mr�y dgut A tin cons ti 00 cis 4f JBM A WAd alp an ON Twat A&P Na'47i as haft a barino and d Mr of eWM orWW Wilt i1Z.11 be n ttmm marl acid pram inc NoM 00't0"3r Wed 211.75 #Wt tfiwios NOM 04'81'rfa' Earl 11.76 hot thwios NoA� 00'�'iN Eart2�1� Mtb �s aarlrid ins darld Lot'+ . OONTA�tMlfb EuDe: �+rw Fiat IXNW tr' atipliid and iW#& wMnar ais0a a pwt P A N 'TTO do cm o"16 Awft and 6sMrw of ft= ?1ds dMa�on rMrs prap�wa0 0�►w or under aatr di�aMai. �►/oarfss ooOirrs 1�Cl1A6 r+s.r� ww EXHIBIT A (11) C"ffAL RtALTY ANALYSTS ttw. Emu AinUs = • Amaym . Aovuow 12 TWICATES R.O.W. FOR i 28 -JEFFERSON STREET 5.086 S.F. i { ; L_----,• I � � I I 30 1 I I. J I 81 � I N I i i I N to I 39 I I I N ` I I � Z 53 1 84 I I I • m ------ 4 I 3s � I ' I % urr • r i I ,C t �1• �: ]ITY� ©E� l� �--qcnra LOT 0 M V' I 2 ____LQT'P___ (N B9'31 ' 36'E 416. 39' PER Y.B. 306/49-w) �— CIL YII.BS AYmVtIB SHEET 1 OF 1 STET QONQYLTIIN 1wrr. w.fl.rr. �.� � JW,►W 12. 2M EXHIBIT B (10) CAMAL RZALTY ANALYSff Rw. EtrAu APV AO 0 ArAt.vm • A mm