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CC Resolution 2020-033 Chin Family - Dune Palms Bridge Eminent Domain RESOLUTION NO. 2020 – 033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING RESOLUTION NO. 2019-038, AND DECLARING THE PUBLIC INTEREST AND NECESSITY TO ACQUIRE PORTIONS OF PROPERTY LOCATED AT 46400 DUNE PALMS ROAD, ASSESSOR PARCEL NO. 600-030-010, AND APPROVING AND ADOPTING A RESOLUTION OF NECESSITY PROJECT: DUNE PALMS BRIDGE NO. 2011-05 / 111205 AND PRESERVATION OF AFFORDABLE HOUSING APN: 600-030-010 WHEREAS, the City of La Quinta, has been investigating the acquisition of portions of property located at 46400 Dune Palms Road, more specifically described in the legal description attached hereto as Exhibit 1 (the “Site”), for the purposes of making public roadway and bridge improvements pursuant to the circulation element of the General Plan of the City of La Quinta, and for preserving and protecting the affordable housing thereon; and WHEREAS, on May 1, 2018, the City Council passed Resolution No. 2018-020, declaring the public interest and necessity in acquiring various portions of the Site for the Dune Palms Roadway Project (“Roadway Project”), and pursuant thereto, filed an eminent domain action relating to the Roadway Project taking, entitled City of La Quinta v. Chin Family Properties Limited Partnership, et al. RCSC Case No PSC 1803284, filed on June 7, 2018 (“Action”). The City has secured prejudgment possession of the property interests acquired in that Action, and the case remains pending; and WHEREAS, on September 17, 2019, the City Council passed Resolution No. 2019-038, declaring the public interest and necessity in acquiring various portions of the Site for the Dune Palms Bridge Project, more specifically described in the legal descriptions and plat maps attached hereto as Exhibit 2, Exhibit 3, Exhibit 4, and Exhibit 5, which legal descriptions and plat maps are incorporated herein by reference (collectively “Bridge Right of Way”); and WHEREAS, the City has negotiated at length with the owners of the Site, and refrained from filing a second eminent domain action for the Bridge Project takings while such discussions progressed. The owners indicated an intent to consolidate the two actions, and asserted that the combined takings Resolution No. 2020-033 Dune Palms Bridge Project/Housing Project – Amendment to Resolution of Necessity No. 2019-038; 46400 Dune Palms Rd; APN: 600-030-010 Adopted: September 15, 2020 Page 2 of 10 for the two projects would likely result in the assertion of substantial claims for severance damage. At the same time, the City has identified viable and important public uses for the remaining portions of the Site, namely, for preservation, protection, and potential enhancement of affordable housing stock within the City; and WHEREAS, as a result of these discussions, the City and the Site’s owners have entered into an agreement for the City to acquire the remaining fee interest of the owner’s property, consisting of the Site owner’s real estate holding, except for hydrocarbon and mineral interests below the depth of five hundred (500) feet below the surface, excluding those interests already encompassed within Resolution 2018-020, and any active leases with any party legally occupying any of the mobile home units thereon, and excluding motor home coaches owned by such occupants, as defined in SECTION 3 below (“Site Remainder”). The agreed manner of transfer of the Site Remainder from the Site Owner to the City is through the existing Action, by amending Resolution 2019-038 to expand its reach to include both the Bridge Right of Way and the Site Remainder, and to amend the scope of the Action accordingly; and WHEREAS, pursuant to California’s Housing Element Law, for each housing element “cycle,” the City must plan to accommodate development of the number of housing units assigned to it under City’s Regional Housing Needs Assessment (“RHNA”). The City’s RNHA allocation for the current cycle, which ends in October 2021, is 364 overall units, with 152 of those units required to be developed for low- and very low-income households; and WHEREAS, the California Department of Housing and Community Development and Southern California Association of Governments are contemplating the methodology and allocation of units for the upcoming cycle (October 2021 through October 2029). Based on preliminary estimates, City’s RHNA allocation for low- and very low-income units will likely exceed 600 units; and WHEREAS, by acquiring the Site Remainder, the City will better be able to prevent, as required by State law (Government Code sections 66300- 66301), any demolition of housing units without the same number of units or more to be available at the Site, or the demolition of any protected units without being relocated and/or replaced with the same number of protected units or more; and WHEREAS, by acquiring the Site Remainder, the City may also be in a position to undertake investigations toward potential relocation and/or replacement of existing Site residents not otherwise affected by the Action or Resolution No. 2020-033 Dune Palms Bridge Project/Housing Project – Amendment to Resolution of Necessity No. 2019-038; 46400 Dune Palms Rd; APN: 600-030-010 Adopted: September 15, 2020 Page 3 of 10 contemplated to be taken for the Bridge Project, and may at some point use the entire Site Remainder as a location for new, upgraded, and expanded housing opportunities, including the potential development of low- and very low-income housing, on the Site Remainder; and WHEREAS, after not less than fifteen days’ notice to the Site owner, on September 15, 2020, the City Council of the City of La Quinta held a hearing to determine whether all of the following were met with respect to the City’s acquisition of the Bridge Right of Way and the Site Remainder: A. Whether the public interest and necessity require the Bridge Project and the Housing Project (as defined in SECTION 1, below); B. Whether the Bridge Project and the Housing Project are planned or located in a manner which is most compatible with the greatest public good and the least private injury; C. Whether the Bridge Right of Way and the Site Remainder proposed to be acquired are necessary for the Bridge Project and the Housing Project; D. Whether the offer required by Government Code § 7267.2 had been given to the owners of record for the property interests proposed to be acquired; and E. Whether the City had properly exercised all of its statutory responsibilities and duties antecedent to the exercise of eminent domain to acquire the Bridge Right of Way and the Site Remainder, including environmental review under NEPA and CEQA; 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, in addition to the rights of way presently being pursued in the Action, the Site Remainder and the Bridge Right of Way; and WHEREAS, the City of La Quinta is authorized to acquire the Site Remainder and the Bridge Right of Way under authority of its own charter, and Government Code §§ 37350.5 and 40404. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, that the City Council does hereby find, determine and declare upon evidence presented to the City Council as follows: SECTION 1. The project for which the Bridge Right of Way is being acquired is the Dune Palms Bridge Project, a project to replace the existing low water crossing with an all-weather access bridge on Dune Palms Road at Resolution No. 2020-033 Dune Palms Bridge Project/Housing Project – Amendment to Resolution of Necessity No. 2019-038; 46400 Dune Palms Rd; APN: 600-030-010 Adopted: September 15, 2020 Page 4 of 10 the Coachella Valley Storm Water Channel, and to improve Dune Palms Road (“Bridge Project”). The Project for which the Site Remainder is being acquired is the preservation of existing affordable housing in the City, consistent with Government Code sections 66300-66301, and other provisions of law (“Housing Project”). SECTION 2. The Bridge Right of Way to be acquired by the City consists of: A. A permanent easement for street and public utility purposes over some approximately 3,040 square feet, as more specifically described in Exhibit 2 hereto, and depicted in Exhibit 3 hereto, which easement shall consist of the following: A perpetual exclusive easement for public right of way, street, drainage, pedestrian and utility purposes, including all use of the Easement Area for purposes incident to public right-of-way use, including but not limited to the construction, maintenance, and operation of a roadway, or other transportation facilities, underground and above ground utilities and appurtenances, cable communication or telecommunication facilities; directional, street identification, or roadway informational signage; traffic control devices; curbs; gutters; sidewalks; 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. B. A temporary construction easement over approximately 13,508 square feet, as more specifically described in Exhibit 4 hereto, and depicted in Exhibit 5 hereto, which easement shall consist of the following: The temporary construction is a nonexclusive easement which permits City of La Quinta, its officers, agents, 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 4 and Exhibit 5, from adjacent public rights of way, as reasonably necessary for purposes incidental to the construction of the Bridge Project in the manner proposed. The temporary construction easement shall include the right to perform within the temporary construction easement area, all such necessary activities which are reasonably incidental to the construction work being performed on said property in connection with the Bridge Project in the manner proposed, including any necessary excavation; grading; earth fill; compaction; slough or perimeter wall construction; installation of concrete forms; landscaping; Resolution No. 2020-033 Dune Palms Bridge Project/Housing Project – Amendment to Resolution of Necessity No. 2019-038; 46400 Dune Palms Rd; APN: 600-030-010 Adopted: September 15, 2020 Page 5 of 10 irrigation, utility, and sign relocation; accommodation of private drainage facilities; and deposit of tools, equipment, and material. Such incidental activities shall include, but not be limited to, utilizing the temporary construction easement area for adjusting grade differentials between the 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 by the City of La Quinta to render the temporary construction easement area in the same functional condition as reasonably practicable to the condition before the Bridge 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 Bridge Project, nor to block all vehicular access to the larger parcel of 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, nor to exclude the owner or occupant of the larger parcel from the temporary construction easement area, except as reasonably necessary under standard public works construction safety practices, to ensure public safety. In connection with the exercise of the temporary construction easement rights hereunder, and except as otherwise shown in the approved plans for the Bridge Project, City shall protect all structures on the temporary construction easement area in place, and shall protect or restore all improvements thereon. The temporary easement rights granted hereunder shall commence the date the Bridge Project right of way is certified 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 forty-eight (48) months after notice of the initiation of the temporary construction easement, whichever is earlier. In no event shall the temporary construction easement remain in effect after December 31, 2025. 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 Bridge Project as designed and as to be construed in the manner proposed. Resolution No. 2020-033 Dune Palms Bridge Project/Housing Project – Amendment to Resolution of Necessity No. 2019-038; 46400 Dune Palms Rd; APN: 600-030-010 Adopted: September 15, 2020 Page 6 of 10 City shall in the exercise of its non-exclusive rights under this temporary construction easement not unreasonably interfere with pedestrian or vehicular access to the larger parcel of which the Bridge Right of Way is a part. C. The mobile home and single-family residence improvements, and appurtenant improvements, to Space 1 and Space 31 of 46400 Dune Palms Road. SECTION 3. The Site Remainder to be acquired is located within the City at 46400 Dune Palms Road (Assessor Parcel No. 600-030-010), and consists of all portions of the fee interest in that property, except for: a) the portions already being acquired in the Action as part of the Roadway Project and more specifically described in Resolution 2018-020, b) hydrocarbon and mineral interests below the depth of five hundred (500) feet below the surface, and c) leasehold interests and motor home coaches owned by legally occupying tenants. SECTION 4. The public interest and necessity require the Bridge Project, in that the City's General Plan, and specifically the Circulation Element, calls for the improvement of Dune Palms Road in the manner contemplated by this project. The Bridge Project is designed to relieve regional traffic congestion and improve the ability of traffic to navigate over areas prone to flooding, which will enhance the traffic handling capacity of the streets. The public interest and necessity require the Housing Project, in that State law requires the City to take measures to prevent the demolition or potential loss of affordable housing, and to utilize resources of the City’s Housing Authority to promote, preserve, and enhance affordable housing opportunities within its jurisdiction. SECTION 5. The Bridge Project is located in a manner most compatible with the greatest public good and 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 Bridge Project is designed in a manner compatible with the greatest public good, in that the Bridge Project will involve improvements to allow for improvement of Dune Palms Road in either direction, and provide other streetscape improvements, in addition to constructing a low water crossing over the Coachella Valley Storm Water Channel at Dune Palms Road. In addition to enhanced circulation along Dune Palms Road, the Bridge Project will provide bicycle/golf cart lanes, Resolution No. 2020-033 Dune Palms Bridge Project/Housing Project – Amendment to Resolution of Necessity No. 2019-038; 46400 Dune Palms Rd; APN: 600-030-010 Adopted: September 15, 2020 Page 7 of 10 encouraging these alternate modes of energy-efficient transportation, and will also provide a 6-foot sidewalk. This will enhance the utility of the area and help improve traffic circulation. The Bridge Project is designed in a manner compatible with the least private injury in that the acquisition has been limited to the Bridge Project boundaries, so as to minimize disruption to private property. The scope of the temporary construction easements has been restricted to define reserved uses for the owners to minimize disruptions, and to limit the City’s uses to activities necessary or beneficial to project construction. The Bridge Project provides streetscape upgrades along the remaining property's frontage, including a new block wall, new landscape and irrigation, relocation and undergrounding of existing utilities, and improved driveway access. The Housing Project is located in a manner most compatible with the greatest public good and least private injury, in that it permits the preservation of existing affordable housing, and assures the existing occupants that such housing will remain in the near term, while effectuating public policies requiring the preservation and enhancement of affordable housing. The Housing Project comports with the least private injury because it affords the opportunity for enhanced affordable housing to serve all La Quinta residents, and offers the Site Remainder owners an opportunity to avoid multiple eminent domain proceedings to recover uncertain damages. SECTION 6. The Bridge Right of Way is necessary for the proposed Bridge Project, in that the bridge must of necessity be constructed on property immediately adjacent to the existing flood channel, and the roadway improvements must occur adjacent to the existing roadway, to maintain continuity. The Site Reminder is necessary for the proposed Housing Project, in that the bridge and roadway widening projects have already affected the Site, and existing affordable housing, which is proposed to be preserved, is already present on the Site. SECTION 7. The offer required by Government Code § 7267.2 for the Bridge Right of Way was made to the record owners, by way of letter dated June 10, 2019. In addition, on the same date, offer letters were sent to the owners of the individual coaches included within the area of the proposed easement. The offer required by Government Code § 7267.2 for the Site Remainder was made to the record owners, by way of letter dated October 3, 2019, and by way of the Settlement Agreement negotiated between the City and the property owners. Resolution No. 2020-033 Dune Palms Bridge Project/Housing Project – Amendment to Resolution of Necessity No. 2019-038; 46400 Dune Palms Rd; APN: 600-030-010 Adopted: September 15, 2020 Page 8 of 10 SECTION 8. 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 Bridge Project and the Housing Project is compatible with, or more necessary to, such public use, and that the City is authorized to acquire the Bridge Right of Way and Site Remainder pursuant to Code of Civil Procedure sections 1240.510 and 1240.610. SECTION 9. The Bridge Project has been reviewed and approved under the Mitigated Negative Declaration, EA 2017-0013, approved on February 14, 2018 (“MND”). The Bridge Project was the subject of a Categorical Exclusion approved by the FHWA on January 17, 2018. The City Council finds and determines that since the time of the adoption of that MND, 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 alternative which has become available, and no subsequent changes have been proposed in the Project which would require important revisions to the MND such that no further environmental review attending this proposed acquisition is necessary. City Council finds and determines that the acquisition of the Site Remainder for the Housing Project is exempt from review under CEQA under title 14, California Code of Regulations sections 15061(b)(3), 15301, and 15326. The acquisition is exempt under the “common sense” exception, because it involves no physical change in the environment, only a change in the ownership of property. Second, section 15301 exempts projects that relate to existing facilities, that propose no substantial modifications, such as is the case here. Finally, section 15326 exempts acquisitions of housing units pursuant to a housing assistance plan. SECTION 10. The law firm of Rutan & Tucker, LLP, which serves as the Office of the City Attorney for the City of La Quinta, is hereby authorized to prepare and prosecute in the name of the City, such special proceedings in the proper court having jurisdiction thereof, as are necessary for acquisition of the Bridge Right of Way and the Site Remainder in the Action, or as otherwise may be permitted by law, and to prepare and file such pleadings, documents, and otherwise prosecute such actions as may be necessary in the opinion of such attorneys to acquire such property interests for the City. Such attorneys are specifically authorized to take whatever steps and/or procedures are available to them under the Eminent Domain Law of the State of California, including, but not limited to, seeking orders for prejudgment possession of the property. The City Attorney is authorized to assign any work in such action to other attorneys as the City Attorney may deem appropriate, and in the RESOLUTION NO. 2020-033 EXHIBIT 1 ADOPTED: SEPTEMBER 15, 2020 RESOLUTION NO. 2020-033 EXHIBIT 1 ADOPTED: SEPTEMBER 15, 2020 RESOLUTION NO. 2020-033 EXHIBIT 2 ADOPTED: SEPTEMBER 15, 2020 RESOLUTION NO. 2020-033 EXHIBIT 3 ADOPTED: SEPTEMBER 15, 2020 RESOLUTION NO. 2020-033 EXHIBIT 4 ADOPTED: SEPTEMBER 15, 2020 RESOLUTION NO. 2020-033 EXHIBIT 4 ADOPTED: SEPTEMBER 15, 2020 RESOLUTION NO. 2020-033 EXHIBIT 5 ADOPTED: SEPTEMBER 15, 2020