CC Resolution 2004-143RESOLUTION NO. 2004-143
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, DECLARING THE PUBLIC
INTEREST AND NECESSITY OF ACQUISITION OF
PROPERTY LOCATED ALONG JEFFERSON STREET,
LA QUINTA, CALIFORNIA (APN 649-071-010) FOR
JEFFERSON STREET IMPROVEMENTS, PHASE II,
PROJECT 2000-19
WHEREAS, the City of La Quinta on August 17, 2004 adopted Resolution
No. 2004-091 declaring the public interest and necessity of acquisition of property
located along Jefferson Street, La Quinta, California (APN 649-090-010, 649-090-
01 1, 649-080-013 and 649-071-010) for Jefferson Street Improvements, Phase II,
Project 2000-19. The City Council of the City of La Quinta desires to amend the
Resolution to consider acquiring in fee that property known as APN 649-071-010.
WHEREAS, the City of La Quinta has been investigating potential acquisition
�--- of property located along Jefferson Street, in the City of La Quinta, bearing
Riverside County Assessor Parcel No. 649-071-010, and more specifically
described and depicted in the legal descriptions and maps attached hereto as
Exhibit "A," which is 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 2000-19
("Project"); and
WHEREAS, on November 16, 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;
Resolution No. 2004-143
.Jefferson Street Widening Project Phase 11 - Resolution of Necessity
Adopted: November 16, 2004
Page 2
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
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
I 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 acquis.ition 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 21152 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
Resolution No. 2004-143 ;
Jefferson Street Widening Project Phase II - Resolution of Necessity
Adopted: November 16, 2004
Page 3
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; and
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; and
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,
Project 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 along Jefferson Street, in the City
of La Quinta, bearing Assessor Parcel No. 649-071-010. The Property the City
seeks to acquire consists of the following:
a. Fee simple title to approximately 1129 square feet of land as to
APN No 649-071-010, more specifically described in the legal description attached
hereto as Exhibit "A" and depicted in the map attached as Exhibit "B."
Excepting and reserving from all of the above all oil, gas, hydrocarbon
substances and minerals of every kind and character lying more than 500 feet
below the surface of said land, together with right to drill into, through and to use
and occupy all parts of said land lying more than 500 feet below the surface
thereof for any and all purposes incidental to the exploration for and production of
oil, gas, hydrocarbon substances or minerals from said other lands or, but without,
Resolution No. 2004-143
Jefferson Street Widening Project Phase II - Resolution of Necessity
Adopted: November 16, 2004
Page 4
however, any right to use either the surface of said land or any portion of said land
within 500 feet of the surface for any purpose or whatsoever, as reserved in deeds
of record.
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
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 111 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 continuity of alignment requires the roadway
expansion to occur immediately adjacent to the existing right of way.
7. The offer required by Government Code Section 7267.2 has been
made to the owner of record, by way of letters dated June 3, 2004, June 8, 2004
and July 27, 2004. City staff has attempted to negotiate with the record owners
and their representatives subsequent to the issuance of these offers, but the
negotiations have not proved successful in securing the necessary property
interests.
Resolution No. 2004-143
Jefferson Street Widening Project Phase II - Resolution of Necessity
Adopted: November 16, 2004
Page 5
8. Notice of the Resolution of Necessity hearing was provided to the
owners of record by way of mailed, written notices sent on July 26, 2004, August
2, 2004 and October 29, 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.
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 16th day of November, 2004, by the following vote to wit:
AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
Resolution No. 2004-143
Jefferson Street Widening Project Phase II - Resolution of Necessity
Adopted: November 16, 2004
Page 6
ors� 0, U-�&
DONALD O. ADOLAH, kt4or
City of La Quinta, California
ATTEST:
JU . CREEK, CMC, CI Jerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
r
M. KATVtRINE JENSO , City Attorney
City of La Quinta, California
Resolution No. 2004-143
Jefferson Street Widening Project Phase II - Resolution of Necessity
Adopted: November 16, 2004
Page 7
Exhibit A
Legal Description
The real property and improvements thereon situated in the State of
California, County of Riverside, City of La Quinta, are described as follows:
Lot 19 of Tract 2190, as Shown by Map on File in Book 41, Pages 55, .56
and 57 of Maps, Records of Riverside County, California.
Excepting Therefrom the South 35 Feet of Said Lot 19.
Also Excepting Therefrom the Following Described Property:
Commencing at the Northwest Corner of Lot 18 of Said Tract;
Thence South 00 04' 39" East, 18.71 Feet to the True Point of Beginning;
Thence South 00 04' 39" East, 95.00 Feet;
Thence North 891 55' 21 ", 100.00 Feet to the East Line of Said Lot 19;
Thence North 01 04' 39" West, 95.00 Feet;
Thence South 890 55' West, 100.00 Feet, to the True Point of Beginning.
APN 649-071-010
Resolution No. 2004-143
Jefferson Street Widening Project Phase II - Resolution of Necessity
Adopted: November 16, 2004
Page 8
Exhibit B
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EXHIBIT 8 21