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Home My WebLink About18043 - RESOLUTIONS - 2/17/1993 RESOLUTION NO. 18043 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,FINDING AND DETERMININiG THAT THE PUBLIC INTEREST CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY FOR PURPOSES OF EXPANI:)ING THE CITY'S PARK AND RECREATION FACILITIES WHEREAS on February 17, 1993, 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 of 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 compatible 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 D. Whether the offers required by Government Code Section 721i7.2 had been given; and WHEREAS, the City Council, as a result of said hearing„ has determined that the public health, safety, and welfare require the City to acquire 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 expanding the City's park and recreation facility; and WHEREAS, the project for which the property to be acquired is sought has previously been reviewed under applicable environmental review procedures, and found not to cause any significant environmental impact on the environment; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE; CITY OF PALM SPRINGS that the City Council does hereby find, determine, and declare upon the evidence presented to 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 east of El Cielo Road, south of Mesquite Avenue and west of Demuth :Park, consisting of some .33 acres, and are more specifically described in Exhibit "A" hereto. Section 2. The public interest and necessity require the project for which the property is sought, to wit: The City's proposed General Plan now under consideration identifies the properties as "park and recreation." The General Plan calls for a goal in the City of providing five acres of recreation land per on thousand population. Currently, the City has some 3.1 acres of public park land per every thousand persons in the City. Acquisition of this land is ae Resolution No. 18043 Page 2 ' necessary to effectuate development of the land for park and recreation purposes. Both because of the fragmented ownership of the parcels in this area, and because park and recreation uses do not generate the type of profits which lead to private park development, public acquisition will be required to effectuate the General Plan "park and recreation" designation. Section 3. The project is located in a manner most compatible with the greatest public good and the least private injury, to wit: The properties are located in an area zoned water course, which indicates that the properties are subject to flooding. Moveover, although the lots are subdivided, all lot sizes are substandard in terms of current development requirements for the City. Consequently, the properties are burdened by serious development constraints. Conversion of these properties to public recreational uses will maximize public benefits. The properties fall within the Tahquitz Creek scenic recreational corridor, previously designated by the City as a recreational area. The plat which includes the individual parcels is bounded on three sides by recreational uses. The Demuth Park lies to the east, the Mesquite Country Club lies to the west, and to the south is the McCallum Desert Preserve. Consequently, acquisition of these parcels will allow integration of these parcels into an overall recreational area, consistent with the General Plan designation and sound planning policies for integrated park and recreation facilities. Section 4. The property to be acquired is necessary for the project, to wit: The project requires assemblage of properties for eventual expansion of park and recreational uses. Full integration of the park and recreation uses require acquisition of all subdivided parcels within the plat. Failure to acquire all parcels will result in the creation of private "islands" within public ownership, which will seriously limit the recreational uses to which the property may be put. The City is authorized by law to acquire property for park and recreational purposes under Government Code Section 40404. Section 5. The acquisition of this property was 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. Such findings were made by the Planning Commission on October 14, 1992. 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 dated from November 11, 1991, to June, 1992. The City has made all reasonable efforts to reach a negotiated acquisition, but negotiation efforts have not proved successful. Resolution No. 18043 Page 3 Section 7. The project for which the property is sought has been reviewed under applicable environmental regulations, and has been determined not to cause significant adverse environmental impacts, as evidenced by the initial study/environmental assessment for case 5.0622-misc. The City finds no conditions or circumstances exist with respect to the project which has not been adequately analyzed as indicated in that document. 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 Procedure 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 Council are also authorized and directed to obtain any necessary order of the court granting the City the right of immediate possession and occupancy'of the property. ADOPTED this 17th day of February 1993. AYES: Members Lyons, Hodges, Relller-Spurgin, Schlendorf & Mayor Maryanov NOES: None ABSENT: None ATTEST: CPI( PALM SP G ALIFORNIA ByCity 1, Clerk City Man ger REVIEWED & APPROVED: 4� R-88-022 Owner: R-89-041 Avedis and Jacqueline Kasparpan 4607 Maubert Am Los Angeles, CA 90027 Lots 50, 51 and 52 in Block 3 as sii®win on that map entitled "Map of Palm Springs Addition Nu. 2 bo Mg the South 1/2. of Trot 9, Section 19 T43 R5B S.B.M. according to Map of Palm Valley Colony Lands recorded in San Dicgo Co. Cal. being tlic S.W. Y of S.W. '1 of N.W. 1/4 of said Section," filed for record on April 29, 1899 in Map Book 2, Page 30, Records of Riverside County. AP N 680-111-051 . 680-111-052 680-111-053 ]EXHIBIT "A" Page 1 of J OL4Nr-�6 --r-- B"-a— v t QO 7 • y, fFM_.N_J �Qi,lLpn! 1 � � e.rr1°_ � flIL0.0 1' .. rt•rr._—. 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Duncan 8033 Sunset Blvd., No. 38 ' Los Angeles, CA 90046 Lois 48 and 49 in Block 3 as shown on that neap entitled "Map of Palns Springs Addition No. 2 being the South J/x of Lot 9 Section 19 T4S R5B S.B.M. according to Map of Patin Valley Colony Lands recorded in San Diego Co. Cal. being the S.W. '/4 of S.W. /, of N.W. '/ of said Section," filed for record on April 29, 1899 in Map Book 2, Page 30, Rccords of Riverside County. AP N 680-111-054 680-111-055 EXHIBIrr "A " Page 3 of 4 �7sQ n Y IVIVF_ .. / -15n r. 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