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HomeMy WebLinkAbout17498 - RESOLUTIONS - 5/1/1991 J RESOLUTION NO. 1.7498 OF THE CITY COUNCIL OF THE CITY OF J PALM SPRINGS, CALIFORNIA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE, AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY FOR PURPOSES OF CONSTRUCTING A RETENTION BASIN, ROAD WIDENING, AND PROVIDING TRAFFIC SIGNALIZATION AND ALL USES APPURTENANT THERETO SECTION 12 . - WHEREAS on May 1, 1991, after no less than 15 days written notice to the owners of property described hereafter, as those owners appeared on the last equalized County assessment: roll, the City Council of the City of Palm Springs ("City Council") held a hearing for the purpose of allowing the owners of 'the property a reasonable opportunity to appear and be: heard 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 compati➢a:1e with the greatest public good and the least private injury; and C. Whether the property proposed to be acquired is necessary for the project; and WHEREAS the City Council, as a result of said hearing, has determined that the public health, safety and welfare require the City acquisition of those parcels of real property, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, for the purpose of constructing a retention basin, road widening, and providing traffic J signalization, and to devote: to ether related purposes; and WHEREAS each of the projects for which the property to be acquired is sought has been previously reviewed under applicable environmental review procedures, and found not to cause any significant impact on the environment. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs does hereby find, determine, and declare based upon the evidence before the City Council, as follows„ Section 1: The properties -to be acquired are located within the " City of Palm Springs, County of Riverside, State of California, located along the south side of Vista Chino, consisting of 9 . 39 acres for the Retention Basin, and approximately . 36 acres for the roadway widening and traffic signalization, and are more specifically described in Exhibit "A" hereto. Section 2: The Public interest and necessity require each of ' the projects for which the property is sought, to wit A. Retention Basin. The :retention basin is an integral part , of the "Revised Master Drainage Plan for the Palm Springs Area", adopted by the Riverside Country Flood Control and Water Conservation District, and is necessary for a region-wide program of flood prevention. The Flood Control District is `36 • : Res. No. 17498 Page 2 set to begin construction on a basin outlet drain, and this site is needed as a part of that construction. ' B. Vista Chino Widening. The General Plan Street Plan, an element of the City of Palm Springs General Plan, was amended by Resolution No. 16346 on April 6, 1988a That amendment included, in Section 1, right-of-way and capacity upgrades, and indicates an increase in the number of lanes along Vista Chino from 4 to 6. Street frontage along Vista Chino is therefore required to perform this widening, to achieve consistency with the General Plan. ' C. Signalization of Vista Chino and Farrell The City of Palm Springs has adopted a Master Plan of Traffic Signals. As a part of that plan, the intersection at Vista Chino and Farrell must be changed from a two-phase traffic signal to an eight-phase signal to accommodate: additional projected traffic and maintain circulation goals stated for traffic in the General Plan. Section 3 : The projects are located in a manner most compatible with the greatest public good and the least private injury, to wit: A. Retention Basin. The site to be acquired is a merging point for three storm drains, one stretching from the site back to the Whitewater River, the second coming from residential areas north of Vista Chino, and a third coming from Indian Avenue. The natural flow of storm waters from the area north of Vista Chino is southeasterly, meaning that by placing the basin in its proposed location, the waters will flow naturally into the basin. Construction of the basin on this site will also minimize construction costs, by avoiding the extension of the storm lines, which would be required for other site. B. Road Widening. Proper widening of Vista Chino requires acquisition of right-of-way along the roadway. Circulation throughout the area will benefit from the widening. C. Signalization at Vista Chino and Farrell Proper reconfiguration of the intersection requires additional right- of-way along the intersection. Circulation throughout the area will benefit from the widening. Section 4 : The property to be acquired is necessary for the projects, to wit: A. Retention Basin: The Revised Master Drainage Plan for the Palm Springs Area calls for a retention basin of sufficient size to accommodate the flows of all storm drains which will drain into the basin. Under the proposed designs of that plan, and under the siting factors specified above, the property is necessary for the retention basin. B. Road Widening. Vista Chino cannot be extended to the six lanes called for by the General Plan without additional right-of-way. An easement is required to make this right of way available. C. Sianalization of Vista Chino and Farrell. The eight- phase signal requires reconfiguration of the Iles. No. 17498 •, Page 3 intersection, which cannot be accomplished without an easement to the propert.� to be acquired. Section 5: The Acquisition of said property shall be submitted to and favorably reported upon to the City Council. by the City of Palm Springs Planning Commission as to conformity with the City's adopted General Plan pursuant to Section 65402 of the California Government Code. r Section 6: The offers required by Government Code Section , 7267 .2 have been made to the owners of record of the properties to be acquired, by letters from December 13 , 1991 to February 13, 1991, and the City has made all. reasonable efforts to reach a negotiated acquisition. Section 7: Each of the projects for which the property is sought has been reviewed under applicable environmental regulations, and has been deteir.mine:d not to cause significant adverse environmental impacts, to writ: A. Retention Basin. Resolution F 83-18 of the Riverside County Flood Control and Water Conservation District examined the entire Revised Maste:a- Drainage Plan for -the Palm Springs area, and approved a Negative Declaration declaring that the project had no significant environmental effects. The City of Palm Springs reviewed the: project, issued a negative declaration, and filed a Notice of Determination finding no significant effects from the project, in Case: No. 5.0253 GPA. 13. Road Widening_ The City of Palm Springs approved a negative declaration for Amendments to the General Plan Street Plan on April 6, 1988 . A Notice of Determination was filed in conjunction with the negative declaration on April 28 , 1988. C. Traffic Siunalizat.it_On_._, The City of Palm Springs completed a Preliminary Environmental Studies Form, for the signalization at Farrell. and Vista Chino, concluding there will be no significant adverse environmental effects from the project, on July 15, 1989,. Under NEPA, 'the project was ' determined to qualify for a categorical exclusion. In addition, the City determined on February 22 , 1989 that the ` Amendment of the General Plan for a Master Plan of 'Traffic Signals, including the project, would not create adverse environmental effects, and a negative declaration was approved for the project. A Notice of Determination for the negative declaration was filed May 23, 1989 . The City finds no conditions or circumstances exist with respect to the projects which have not been adequately analyzed as indicated above and that with respect to the Retention Basin, the project is categorically exempt from further CEQA review under CEQA guidelines 15325 (d) , in that the retention basin will provide undeveloped area which will prevent encroachment of development into flood plains. Section 8: The City Council of the City of Palm Springs does hereby declare that it is its intention to acquire said properties in the City's name in accordance with the provisions of the laws of the United States of America and the State of California with reference to condemnation procedures. Section 9: The law firm of Rutan & Tucker is hereby authorized and directed to prepare, institute, and prosecute in the name of 363 Res. No. 17498 Page 4 Section 9: The law firm of Rutan & Tucker is hereby authorized and directed to prepare, institute, and prosecute in the name of ' the City of Palm Springs such proceedings, in the proper court having jurisdiction thereof, as may be necessary for the acquisition of the fee interest to said property. Said counsel are also authorized and directed to obtain any necessary order of the court granting to the City the right of immediate possession and occupancy of the property. Section 10: The Secretary of the City Council of the City of Palm Springs shall certify to the adoption of this Resolution. ADOPTED this 1st day of May , 1991. AYES: Councilmembers Broich, Hodges, Murawski , Neel and Mayor Bono NOES: None ABSENT: None ATTEST„ ^ CITY F PALM SPR /, !CALIFORNIA i —By- City Clerk ity nager REVIEWED & APPROVED EXHIBIT "A" LEGAL DESCRIPTION File No. R-88-064 R--90-066 R-•84-016 A portion of the land held by: Bureau of Indian Affairs Agency, Al.ottee: Anthony 'Albert Welmas Allotment No: 99-C CP 87-2,3 , Vista Chino Street Widening - Parcel 1 & 2 CP 89-10, Vista Chino/Farrell Traffic signals - Parcel 3 CP 91-01, Vista Chino Retention Basin - Parcel 4 Parcel 1 : Being a portion of the North half of the .Northeast: quarter of the Northwest quarter of Section 12 , T. 4S. R. 4E. S.B.B. & M. and being more particularly described as follows: A strip of land 19 . 00 feet in width, the Easterly line of said strip being described as follows: Commencing at the North quarter corner of said Section 12 ; , Thence along the North line of said Section 12 South 89042100" West 25 . 00 feet; Thence leaving the North line South 00014/ 00/1 West 70 . 36 feet to the TRUE POINT OF BEGINNING; Thence continuing along said :Line South 0014 /00/1 West 100 . 00 feet to its terminus . Parcel 2 : Being a portion of the North half of the Northeast: quarter of the Northwest quarter of Section 2.2 , T. 4S . R. 4E. S .B.B. & M. and being more ,particularly described as follows: Commencing at the North quarter corner of said section 12 ; Thence along the North line of said Section 12 South 89042100" West 64 . 38 feet; Thence leaving said North line South 00013/ 00/1 East 40 . 00 feet to the TRUE POINT OF BEGINNING;. " Thence South 89042 / 00/1 West 1268 . 67 feet: to the centerline of the 60 . 00 wide Cerritos road; Thence South 0019 "39 " West 29 . 25 feet; Thence South 89040/ 21/1 East 30 , 00 feet to a point on a non-tangent curve concave Southeast having a radius of 20 . 00 feet; i Thence Northeasterly along said curve 31. 20 feet through a central angle of 89022 /21/1 to a point on a line that is paLrallel with and 50 . 00 feet South of the North :Line of Section 12 ; Thence along said parallel line North 89042 / 00/1 East 1219 . 08' feet; r Thence North 0018 ' 00" West 10 . 00 feet to the TRUE POINT OF BEGINNING. EXHIBIT "A" -� Parcel 3 : Being a portion of the North half of the Northeast quarter of the Northwest quarter of Section 12 , T. 4S, R. 4E. S .B.B. & M. and being ' more particularly described as follows: Beginning at the North quarter corner of said Section 12 ; Thence along the North line of said Section 12 South 69042/ 0011 West 25. 00 feet; Thence leaving said North line South 0001410011 West 40.00 feet to the TRUE POINT OF BEGINNING; Thence South 0001410011 West 30 . 36 feet; ` Thence North 8904610011 West 19 . 00 feet to a point on a non-tangent curve concave Southwest with a radius of 20 . 00 feet; Thence Northwesterly along said curve through a central angle of r 90032/ 0011 an arc distance of 31. 60 feet to a point on a line that is parallel to and 50 . 00 feet South of the North line of said Section 12 ; Thence North 0018 / 0011 West, 10 . 00 feet to a point on a line that is parallel with and 40 . 00 feet South of the North line of Section 12 ; Thence along said parallel line North 89042 /00/1 East 39 .38 feet to the TRUE POINT OF BEGINNING. Parcel 4 : Being a portion of the North half of the Northeast quarter of the Northwest quarter of Section 12 , T. 4S . R. 4E. S.B.B. & M. and being t more particularly described as follows: Beginning at the North quarter corner of said Section 12 ; Thence along the North line of said Section 12 South 89042 / 0011 West 666 . 52 feet; Thence leaving the North line of said Section 12 South 00018 / 0011 East 50 . 00 feet to the TRUE POINT OF BEGINNING; r Thence South 0001810011 East 615 . 16 feet; Thence North 89040 / 21/1 West 673 . 23 feet; Thence North 0001913911 East 588 . 37 feet; Thence South 89040 / 21/1 East 30 . 00 feet to the beginning of a non- tangent curve concave Southeasterly with a radius of 20 . 00 feet, a radial line to said beginning bears North 89040/ 2111 West; Thence Northeasterly along said curve through a central angle of 8902212111 an arc distance of 31. 20 feet to a point on a line that is parallel with and 50 . 00 feet South measured at right angles from the North line of said Section 12 ; Thence along said parallel line North 89042 ' 0011 East 616 .75 feet to the TRUE POINT OF BEGINNING. .� CERRITOS 2p�4' ROAD ' �\ \ \ \ \ \ \�\\_ \\. PARKVIEW EAST•'.. , p n 'o 1 S'HARON RD. r x 0 o p F _ + AO u f) a yrap • ' O i.1Y VN J^- _ \\LI. G map°°I=pp"w ^. FARRELL DRIVE CITY OF PALM SPRINGS •REAL PROPERTY DIVISION N ACQUISI7 fiN.OF LAND FOR VISTA, CHINO A DRIVE WIDENING, VISTA CHINO••FARRELL TRAFFIC SIGNALS AND VISTA CFgINO DATE:_ `iu,owN�* RETENTION BASIN /// DESIGN N BY: SCALE: --=FILE NO.— NONE R J R •64 Port of tha NE 1/4 of the NW I/4 of Sad 12 R-94-IR CHECKED BY< APPROVED OY; 5FIEET NO,