HomeMy WebLinkAboutState of California Condemnation $59,500City of La Quinta , CHECK NO: 118762
VENDOR: 09030 State of California Condemnation Fund 05/25/2018
DATE ID PO# DESCRIPTION GLACCT# AMOUNT
5/24/2018 052418 05/24/18- PROPERTY AQUISITION UNIT 82 & 83 401-0000-74010 59,500.00
CHECK TOTAL 59,500.00
t -- City of La Quinta WELLS ZO ARGO CHECK NO: 118762
f •. 78-495 CaIle Tampico
La Quinta, CA 92253
(760)777-7150
°r 05/25/20,8 $59,500.00
PAY ---Fifty Nine Thousand Five Hundred Dollars and 00/100 Cents ---
TO THE State of California Condemnation Fund
ORDER 915 Capital Mall Room 562
OF Sacramento, CA 95814-
AUTHORIZED SIGNATURE
AUTHORIZED SIGNATURE
11' 1 18 76 211■ 1: 1 2 L000 248i: 11'L, L 59 213 2413 211'
2018-05-09 Rev.1
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[DEMAND / CHECK REQUEST
Return check to requestor
Name / Title of person requesting check
DERRICK ARMENDARIZ
Department individual is associated with:
FINANCE
Mail check
D�--LAL- J1----- i. '
F1' MAY 2 5 20117
Check payable to:
STATE OF CALIFORNIA CONDEMNATION FUND 09030 59, 500.00
_..._... _, ..... Amount: $ -
�Name) - (Vendor No.) - —
915 CAPITAL MALL ROOM 562 Account Number: 401-0000-7401 0
SACRAMENTO, CA 95814 Project Number: 11 1205-LAND
Check description and invoice number:
SECOND PAYMENT TO CONDEMNATION FUND FOR UNIT 82 ($20,000) AND UNIT 83
Signature:
(Department ea
( Date)
BY:
BY:
ACCOUNT NO.
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N
PUBLIC HEARING ITEM NO. 1
City of La Quinta
CITY COUNCIL MEETING: May 1, 2018
STAFF REPORT
AGENDA TITLE: APPROVE A RESOLUTION DECLARING THE PUBLIC INTEREST AND
NECESSITY TO ACQUIRE PORTIONS OF PROPERTY LOCATED AT 46400 DUNE PALMS ROAD
FOR THE DUNE PALMS WIDENING PROJECT (PROJECT NO. 2009-04) THROUGH EMINENT
DOMAIN
RECOMMENDATION
Approve a resolution declaring that the public interest and necessity require the
acquisition of portions of property located at 46400 Dune Palms Road through eminent
domain.
EXECUTIVE SUMMARY
• The City has been negotiating with the owners of 46400 Dune Palms Road since
December 2016 to acquire the right of way for the Dune Palms Widening project
(Project).
• The Project entails building the roadway to its ultimate right of way. The right of
way being sought consists of a 2,610 square foot easement; five (5) mobile home
residences are located on this property.
• The City has negotiated to acquire the mobile homes. Two of the five have been
acquired through negotiated agreement; negotiations with the remaining mobile
home owners have reached an impasse.
• The Project design work has been completed, funding is in place, and is ready to be
implemented.
FISCAL IMPACT
The total projected cost is $743,500. The City's appraised value for the property to be
acquired (the amount offered) is $301,000, the estimated relocation costs are $300,000,
and the appraised value of the five coaches is $142,500; the total amount of just
compensation will be determined through administrative and court proceedings. CVAG is
paying for 75 percent of the project costs and the city is paying for the remaining 25
percent. The current projected right of way costs are higher than originally budgeted, but
a reduction in estimated construction costs has offset this and the city's estimated total
project cost remains unchanged.
225
The public interest and necessity require the Project, because the City's General Plan
Circulation Element calls for improvement of Dune Palms road to its ultimate right-of-way
width. This Project will accomplish that within the Project boundaries. It will allow for two
lanes of travel along Dune Palms Road in either direction and provide other streetscape
improvements.
In addition to enhanced circulation along Dune Palms Road, the Project will provide
bicycle/golf cart lanes along each side of the road, encouraging these alternate modes of
energy -efficient transportation, and will also provide a 6-foot sidewalk. The Project will
result in the least private injury because the right-of-way takings proposed are limited to
the roadway widening project boundaries, which will minimize potential impacts to
mobile home owners and residents. The Project calls for enhancement of a number of
streetscape features along the Dune Palms Mobile Estates frontage, including new curb,
gutter, underground utilities, and new street landscaping and irrigation.
The property proposed to be acquired is necessary for the Project because a roadway
widening project must of necessity occupy land immediately adjacent to the prior existing
right-of-way. In this instance, the other side of the roadway has already been configured
to its ultimate right-of-way, in connection with the construction of the adjacent high
school, by the local school district. Therefore, the right-of-way need only be widened on
the side of the roadway where the proposed acquisition piece is located.
The Project has been reviewed under the California Environment Quality Act, and a
Mitigated Negative Declaration, EA 2016-009, and was approved on July 20, 2016. The
limitations period for any direct legal challenge to that mitigated negative declaration
has passed. In addition, City staff has identified no substantial changes to the proposed
Project since that time, no substantial changes with respect to the circumstances under
which the Project is proposed to be undertaken, nor any new information of substantial
importance indicating any new significant effects, additional severity of previously
identified effects, or new or newly -feasible mitigation measures which might
substantially reduce identified significant effects since that time, which would require
major revisions of the negative declaration. As such, City staff recommends that the City
Council find that the previous mitigated negative declaration adequately analyzes the
Project, including the property acquisition proposed through this resolution of necessity.
The owner has an opportunity to address the City Council regarding the findings proposed
under the resolution of necessity, the CEQA finding, and the potential acquisition of the
property by eminent domain in general. Mailed notice of tonight's resolution of necessity
hearing was provided to the owner of the mobile home park, and the owners of each of
the remaining affected individual coaches, on March 27, 2018. That notice indicated that
the resolution of necessity hearing, originally scheduled for April 3, 2018, would be
rescheduled to May 1, 2018.
As of the time of this writing, one piece of correspondence regarding the proposed
resolution was received by the City, from the mobile home park owner. That
correspondence, dated March 27, 2018, will be added to the record of proceedings on the
resolution. The letter objected that the City is also considering a project to improve the
nearby bridge spanning the Coachella Valley Storm Water Channel, and alleges the City is
227
RESOLUTION NO. 2018 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, DECLARING THE PUBLIC INTEREST
AND NECESSITY TO ACQUIRE PORTIONS OF PROPERTY
LOCATED AT 46400 DUNE PALMS ROAD, AND APPROVING
AND ADOPTING A RESOLUTION OF NECESSITY
WHEREAS, the City of La Quinta. has been investigating the acquisition of
portions of property located at 46400 Dune Palms Road for the purposes of making
public roadway improvements pursuant to the circulation element of the General Plan
of the City of La Quinta; and
WHEREAS, on May 1, 2018, after no less than fifteen (15) days written notice to
the owners of the Property referenced above, and more specifically described in the
legal descriptions attached hereto as "Exhibit A, and B", which legal descriptions are
incorporated herein by reference ("Property"), the City Council of the City of La Quinta
held a hearing for the purposes of allowing the record owners and occupants of such
property reasonable opportunity to appear and be heard regarding the City's
identification of the "Project" as the Dune Palms Widening Project ("Project"), and on
the following matters:
A. Whether the public interest and necessity require the project;
B. Whether the Project is planned or located in a manner which 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 had been given to
the owners of record; and
E. Whether the City had properly exercised all of its statutory responsibilities
and duties antecedent to the exercise of eminent domain against the
Property including review under 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 the Property more
particularly described herein for the purposes of the Project; and
WHEREAS, the Project for which the Property to be acquired is sought has
previously been reviewed under applicable environmental review procedures,
including the Mitigated Negative Declaration (MND), EA 2016-009, approved on July
20, 2016, in accordance with the California Environmental Quality Act (CEQA); and
WHEREAS, the City of La Quinta is authorized to acquire the Property under
authority of its own charter, and Government Code §§ 37350.5 and 40404.
229
Resolution No. 2018-
Resolution of Necessity to Acquire Portions of 46400 Dune Palms Road for the Dune Palms Widening Project
Adopted: May 1, 2018
Page 3 of 4
widened street section will consist of a 72 feet curb to curb street section, which will
provide two 11 foot travel lanes in both directions; a 12 foot wide raised median; an 8
foot bicycle/golf cart lane along each side of the road, adjacent to the curb; and a 6
foot wide sidewalk. This will enhance the utility of the area and help improve traffic
circulation. The Project is designed in a manner compatible with the least private
injury in that the acquisition has been limited to the Project boundaries, so as to
minimize disruption to residences, and the 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.
SECTION 5. The Property is necessary for the proposed Project, in that the roadway
widening must of necessity occur on property immediately adjacent to the existing
roadway.
SECTION 6. The offer required by Government Code § 7267.2 has been made to the
record owners, by way of letter dated December 13, 2016. 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. Staff has attempted to negotiate with the record
owners subsequent to this offer, but such negotiations have not proved successful in
securing all the necessary property interests required for the Project, outside of more
formal proceedings.
SECTION 7. 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 Project 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 §§ 1240.510 and 1240.610.
SECTION B. The Project has been reviewed and approved under the Mitigated
Negative Declaration (MND), EA 2016-009, approved on July 20, 2016. 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.
SECTION 9. The law firm of Rutan & Tucker, LLP, which serves as the Office of the City
Attorney for the City of La Quinta, are 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 Property described herein, to prepare
and file such pleadings, documents, and otherwise prosecute such actions as may be
necessary in the opinion of such attorneys to acquire for the City the Property. Such
231
CONSENT CALENDAR ITEM NO. 1
CITY COUNCIL
MINUTES
TIJESDAY. MAY1, 2018
CALL TO ORDER
A regular meeting of the La Quinta City Council was called to order at 3:00 p.m. by
Mayor Evans.
PRESENT: Councilmembers Fitzpatrick, Pena, Radi, Mayor Evans
ABSENT: Councilmember Sanchez
MOTION - A motion was made and seconded by Councilmembers Radi/Fitzpatrick to
excuse Councilmember Sanchez delay in participating in the May 1, 2018, Council
meeting. Motion passed: ayes 4, noes 0, abstain 0, absent 1 (Sanchez).
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - None
CONFIRMATION OF AGENDA
City Manager Spevacek said Riverside County Sherriff Department Lieutenant Manning
will introduce Police Chief Captain Misty Reynolds under the Announcements,
Presentations, and Written Communications section of the agenda.
Councilmember Pena said he will recuse himself from discussion and vote on Closed
Session Item No. 1 due to a potential conflict of interest stemming from the proximity
of the project to his residence.
Council concurred.
CLOSED SESSION
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8 FOR REAL PROPERTY LOCATED ON
AVENDIA MONTEZUMA (APNs 773-072-028 and 773-077-015) AND AVENIDA
VILLA (APN 773-076-018)
CITY NEGOTIATOR: FRANK J. SPEVACEK, CITY MANAGER
PROPERTY OWNER: CITY OF LA QUINTA
UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT AND/OR
DISPOSTION OF THE PROPERTY IDENTIFIED
COUNCILMEMBER SANCHEZ JOINED THE MEETING AT 3:03 PM
CITY COUNCIL MINUTES Page 1 of 8
MAY 01, 2018
7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AL QUINTA, CALIFORNIA,
DECLARING THE PUBLIC INTEREST AND NECESSITY TO ACQUIRE PORITONS OF
PROPERTY LOCATED AT 46400 DUNE PALMS ROAD, AND APPROVING AND
ADOPTING A RESOLUTION OF NECESSITY
Motion passed unanimously.
DEPARTMENTAL REPORTS
All reports are on file in the City Clerk's Office.
City Attorney Irhke said there was an article in the Desert Sun reporting that the City
received a response letter from the Fair Political Practices Commission (FPPC)
concluding its investigation based on a citizen's complaint submitted back in 2016
concerning the City Manager. The FPPC concluded that there was no evidence
showing there was any financial interest with the City Manager that would be subject
to further review; thus, the case has been closed.
MAYOR'S AND COUNCIL MEMBERS' ITEMS
Councilmembers were very pleased with the City's Birthday celebration over the
weekend.
Councilmember Pena reported that staff received confirmation from Burrtec Waste &
Recycling that their sweeping schedule has been changed to follow trash pick-up days.
Brief Council discussion followed regarding the perpetual inclusion of public safety
agencies, Police and Fire; under the Department Reports section of the agenda, and
not when quarterly reports are provided.
Councilmember Fitzpatrick commended Burrtec for their assistance and partnership in
providing public restrooms at the City's south parking lot while it served as temporary
overflow parking for the camping festival goers. Council also commended City staff
for implementing an on -the -go contingency plan to alleviate the festival camping
situation caused by the high winds. Further discussion followed regarding
miscellaneous festival concerns, including giving affected agencies proper notice to
develop contingencies, as well as home owners' properties that were used as landing
spots, to ensure compliance.
Mayor Evans said the Volunteer Appreciation Luncheon on Thursday, May 3, 2018,
conflicted with her General Assembly meeting. Councilmembers Fitzpatrick and Radi
said they will be attending the event.
Mayor Evans noted that the Southern California Association of Governments
Conference would be May 3-4, 2018. There will be a Tourism Rally, a quick bus tour
taking the attendees from the conference venue to California State University San
Bernardino for an economic impact of tourism during National Tourism Week.
CITY COUNCIL MINUTES Page 7 of 8 MAY 01, 2018
13
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