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Home My WebLink About19385 - RESOLUTIONS - 10/21/1998RESOLUTION NO. 19385 THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DECLARING THE PUBLIC INTEREST AND NECESSITY OF ACQUISITION OF THE PROPERTY ' LOCATED AT 1841 NORTH FARRELL ]DRIVE IN THE CITY OF PALM SPRINGS, CALIFORNIA, IDENTIFIED AS ASSESSOR PARCEL NO. 501-355-005, FOR THE PURPOSES OF IMPLEMENTING SAFETY AND NOISE A13ATEMENT MEASURES REQUIRED BY THE CONSTRUCTION OF IMPROVEMENTS TO THE PALM SPRINGS REGIONAL AIRPORT (THE "PROJECT") WHEREAS, the City of Palm Springs has been investigating the acquisition of various interests in property, including fee interest, in property located at 1841 North Farrell Drive and identified as Assessor Parcel No. S01-355-005, for the purposes of accommodating the implementation of noise abatement measures required by the construction of improvements to the Palm Springs Regional Airport (the "Project"); and WHEREAS, on October 21, 1998, after no less than 15 days written notice to the owner of the property referenced above and more specifically described and depicted in the legal description and sketch attached hereto as Exhibit "A" and "B," respectively, which legal description and sketch are ' incorporated herein by reference, the City Council of the City of Palm Springs held a hearing for the purpose of allowing the owner a reasonable opportunity to appear and be heard on the following matters: 1. Whether the public interest and necessity require the project; 2. Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; 3. Whether the property proposed to be acquired is necessary for the project; and 4. Whether the offer required by Government Code Section 7267.2 had been given; and 5. Whether the City had properly exercised all of its statutory responsibilities and duties antecedent to the exercise of eminent domain against the Property; 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 various interests in the Property more particularly described herein (the "Property"), for the purposes of accommodating the implementation of noise abatement measures required by the construction of improvements to the Palm Springs Regional Airport; and WHEREAS, the Project for which .the Property to be acquired is sought has previously been reviewed under applicable environmental review procedures, including a Final Environmental Impact Report, approved May 17, 1995; and 780/014084-0112/3197376.1 a10/23/96 R19385 Page 2 WHEREAS, the Project for which the Property to be acquired is sought has previously been reviewed under applicable noise study regulations, including a Noise Study and Noise Compatibility Plan, accepted as the Palm Springs Regional Airport Noise Compatibility Plan, 1994 on June 1, 1994; and ' WHEREAS, the Project is a part of an overall runway extension project which had a finding of no significant impact approved by the FAA on February 23, 1996; and WHEREAS, the City of Palm Springs is authorized to acquire the Property under authority of its own charter, and Government Code §§ 37350.5 and 40404; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Palm Springs, California, that the City Council does hereby find, determine and declare upon evidence presented to the City Council as follows: Section 1: The property to be acquired is located within the City of Palm Springs, County of Riverside, State of California, and is located at 1841 North Farrell Drive, and otherwise identified as Assessor Parcel No. 501-355-005. The Property the City seeks to acquire, and the Property interests sought, consist of fee simple title interest in a 16,552 square foot parcel improved with a 1,761 square foot single family residence, as more specifically described in Exhibit °A" hereto. Section 2: The public interest and necessity require ' the Project, in that the City's General Plan, specifically the Airport Master Plan, calls for the expansion of the Palm Springs Regional Airport and mitigation of noise anticipated to be caused by the construction of the improvements to the Palm Springs Regional Airport in the manner contemplated by the Project. In addition, acquisition of the Property is designed to facilitate the implementation of noise abatement measures necessitated by the construction of improvements to the Palm Springs Regional Airport, including the extension of the airport runway which mitigation and extension requires the acquisition of property inside future runway protection zones and within the CNEL 65 contours. Section 3: The Project is located in a manner most compatible with the greatest public good and least private injury, in that the noise abatement measures must of necessity involve property which is inside future runway protection zones and within the CNEL 65 contours, in order to implement the noise abatement measures needed as a result of the construction of improvements to the Palm Springs Regional Airport, including the extension of the airport runway. The Project is designed in a manner compatible with the greatest public good, in that the Project will involve implementation of noise abatement measures which will allow for the extension of the airport runway which will enhance the utility of the airport for all those travelling into and out of the Palm Springs Regional Airport. The Project will result in the least private injury in that, where possible, the property chosen for potential acquisition was done so to minimize the number of property owners affected, and to avoid impacts to properties on only one end of the extended airport runway. Section 4: The Property to be acquired is necessary for the Project, in that the contemplated noise abatement measures must occur on property inside future runway protection zones and within the CNEL 65 contours to effectively mitigate 780/0140B4-0112/3197376.1 a10/22/9B - 2 - R19385 Page 3 anticipated airport noise resulting from the construction of the improvements to the Palm Springs Regional Airport, including the expansion of the airport runway. Section 5: The offer required by Government Code Section 7267.2 has been made to the record owner, by way of a letter dated June 11, 1998. The City's acquisition agents ' have attempted to negotiate with the record owner, subsequent to this offer, but such negotiations have not: proved successful in securing the necessary property interests outside of more formal proceedings. Section 6: 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 7: The Project has been reviewed and approved under the California Environmental Quality Act by way of certification of an Environmental Impact Report, approved May 15, 1995, and a finding of no significant impact under NEPA by the FAA on February 23, 1996, and the City Council finds and determines that since the time of that certification 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 previous environmental impact reports, such ' that no further environmental review attending this proposed acquisition is necessary. Section 8: The Project has been reviewed by the Planning Commission for conformity with the City's General Plan as required by Government Code § 65402. The Planning Commission has found that the Project conforms with the City's General Plan. Section 9: The City Council hereby declares it is its intent to acquire fee simple title interest in the above - referenced Property, as more particularly described in Exhibit "A" and depicted in. Exhibit "B" attached hereto, in the City's name in accordance with the provisions of the laws of the State of California. Section 10: The law firm of Rutan & Tucker, LLP, City Attorney for the City of Palm Springs ("City Attorney") is hereby authorized and directed to prepare and prosecute in the name of the City such proceedings in the Court having proper jurisdiction thereof, as may be necessary for the acquisition of the Property described herein, 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 for the City the Property. 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. 780/014084-0112/3197376 1 a10/22/9e - 3 - R19385 Page 4 ADOPTED THIS 21st day of October, 1998. YES: Members Barnes, Hodges, Oden and Reller-Spurgin 0: None BSENT: None ABSTAIN: Mayor Kleindienst ATTEST: CITY OF PALM SPRI '_%City Clerk REVIEWED & APPROVED v�-) r FORNIA EXHIBIT A LEGAL DESCRIPTION LOT 56 OF DESERT PARK ESTATES NO. 2, AS SHOWN BY MAP ON FILE IN BOOK 28 PAGE 99 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. SKETCH 501-35 EXHIBIT B r c A �, all—-�J� POR SE114 SW114 SEC /, r4S, R 4E PARK 53 52 v M8 28199 D,a,, Po,A Er.o.rr N. 2 .5 .1 �sw m ; u4r- I I F-- L