HomeMy WebLinkAbout10/1/2008 - STAFF REPORTS - 2.J. {o ppLMS.0
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�4`�F°Ra'P CITY COUNCIL STAFF REPORT
October 1, 2008 CONSENT CALENDAR
Subject: REQUEST TO HEAR RESOLUTIONS OF NECESSITY FOR THE INDIAN
CANYON DRIVE / INTERSTATE 10 INTERCHANGE WIDENING
PROJECT
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
On October 3, 2007, the City and Caltrans entered into an agreement related to the
design and right-of-way phases of the Indian Canyon Drive / Interstate 10 Interchange
Project (City Project No. 00-14). Under the terms of the Agreement, the City is
responsible for acquiring all necessary right-of-way on behalf of Caltrans for the project,
including the requirement to pursue acquisition by eminent domain proceedings if
necessary. In the event eminent domain proceedings are required, Caltrans rules
require that the City submit a Resolution adopted by the City Council agreeing to hear
Resolutions of Necessity. The recommendation is merely a formality for obtaining
Caltrans' approval to acquire right-of-way through eminent domain in the event it is
necessary; no actual eminent domain proceedings are scheduled at this time.
RECOMMENDATION:
1) Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, AGREEING TO HEAR FUTURE
RESOLUTIONS OF NECESSITY FOR THE INDIAN CANYON DRIVE /
INTERSTATE 10 INTERCHANGE PROJECT (CITY PROJECT NO. 00-14,
CALTRANS EA 455700)."
STAFF ANALYSIS:
An original Cooperative Agreement between the City and Caltrans for the Indian
Canyon Drive / Interstate 10 Interchange Project (City Project No. 00-14) was approved
by City Council on December 5, 2001, The original agreement outlined responsibilities
of Caltrans and the City during the design phase of the project. Amendment No. 1 to
the agreement was approved by City Council on December 6, 2006, to extend the term
of the agreement to December 31, 2008,
Item No. 2 • J
Indian Canyon Onve/Interstate 10 Project
October 1,2008
Page 2
Caltrans prepared Amendment No. 2 to the agreement, which essentially restated the
entire agreement to address new Caltrans responsibilities associated with the design
and right-of-way phases. Since the City has completed the environmental phase of the
project, and obtained formal CEQA/NEPA approvals, the right-of-way appraisals and
acquisition process are underway. Whereas prior environmental and design services
costs were funded by the City and CVAG, Caltrans is providing $3,383,000 in state
Regional Improvement Plan (RIP) funding for the right-of-way phase.
Appropriate legal provisions have been added to the agreement relating to the right-of-
way phase, and the responsibilities of the City in carrying out the right-of-way
acquisition process. Specifically, Section I, Item 16 imposes an obligation on the City to
acquire all right-of-way, and states:
To acquire and furnish all right of way, if any, outside of the existing State
Highway System right of way and to perform all right of way activities, including
all eminent domain activities, if necessary...and in accordance with procedures
acceptable to STATE. These activities shall comply with all applicable State and
Federal laws and regulations, subject to STATE's Independent Quality
Assurance to ensure that the completed work and title to property acquired for
PROJECT is acceptable for incorporation into the State Highway System right of
way.
Caltrans has established specific rules and procedures for acquisition of right-of-way for
State Highway System projects, such as this one. The rules and procedures are
contained in the Caltrans Right-of-Way Manual, and include provisions for local
agencies to acquire right-of-way by eminent domain on behalf of Caltrans. Specifically,
the Right-of-Way Manual states:
The power of eminent domain can only be exercised if the condemning authority
can establish:
• The necessity of the project,
• The project location is most compatible with the greatest public good and
least private injury,
• And, the property is necessary for the project.
State statute allows the California Transportation Commission, cities and
counties to hear and adopt resolutions of necessity for the acquisition of property
needed for projects on the State Highway System. The exercise of eminent
domain to acquire property for state highway purposes can be accomplished only
by the state (Department) or by the county or city in which the property is located.
The steps involved in taking resolution requests to a local board begin during the
draft cooperative agreement phase....There must be a draft cooperative
agreement. The decision to take Resolutions of Necessity to the ... City Council
is made for the project in its entirety. In addition to any language that may appear
in the Cooperative Agreement, the local entity must obtain approval in writing
Indian Canyon Drive/Interstate 10 Project
October 1,2008
Page 3
from Headquarters Right of Way to proceed to take Resolutions of Necessity
before the appropriate local body.
If the (Local Public Agency) is to hear the resolutions, then the city council must
pass a resolution, by two-thirds vote, agreeing to hear the Resolutions of
Necessity for the project.
On June 4, 2008, the City Council approved Amendment No. 1 to Agreement No. 5090
with the County of Riverside, to provide right-of-way acquisition services on behalf of
the City for this project. Therefore, Riverside County, acting on behalf of the City, is
pursuing acquisition of required right-of-way for this project, in coordination with
Caltrans.
This project involves acquiring right-of-way from 29 different parcels owned by 15
different property owners. Appraisals have been completed and offers to acquire right-
of-way have been presented to all of the owners. Although the acquisition process is
currently underway, and some property owners have already consented to the proposed
acquisition, acquisition by eminent domain may be required in one or two cases.
Therefore, to be prepared, staff recommends that the City Council adopt the attached
Resolution, which only indicates to Caltrans that the City agrees to hear Resolutions of
Necessity on behalf of the state for this project. No specific eminent domain proceeding
is being contemplated at this time, however, adoption of the attached Resolution will
allow staff to coordinate with Caltrans to receive the State's approval to commence with
eminent domain proceedings should they be required for this project.
FISCAL IMPACT:
None.
OJ- �J L
David J. Barakian Thomas J. Wils n
Director of Public Works/City Engineer Assistant City Manager
David H. Ready, C' ager
ATTACHMENTS:
1. Resolution
ATTACHMENT
RESOLUTION
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AGREEING TO HEAR
FUTURE RESOLUTIONS OF NECESSITY FOR THE
INDIAN CANYON DRIVE / INTERSTATE 10
INTERCHANGE PROJECT (CITY PROJECT NO. 00-14,
CALTRANS EA 455700)
WHEREAS, the City of Palm Springs ("City") is empowered to acquire by eminent
domain any property to carry out its powers or functions pursuant to Article I, Section 19
of the California Constitution, and Section 1230.010 et seq. of the California Code of
Civil Procedure, known as the "Eminent Domain Law"; and
WHEREAS, pursuant to Streets and Highways Code Section 102, the state of
California, acting by and through its Department of Transportation ("Caltrans"), may
acquire by eminent domain any property necessary for state highway purposes; and
WHEREAS, the City, in cooperation with Caltrans, has proposed to widen Indian
Canyon Drive on both sides of Interstate 10 (1-10) near the interchange, to widen and
relocate existing ramps and to replace the existing overcrossing structure on 1-10 at
Indian Canyon Drive, City Project No. 00-14, Caltrans Project EA 455700, a local public
agency project on the State Highway System, ("Project"); and
WHEREAS, on October 3, 2007, the City approved Amendment No. 2 to City
Agreement No. 4429, Caltrans Agreement No. 8-1165, a Cooperative Agreement
regarding the preliminary engineering, design, and all right-of-way activities associated
with the Project ("Agreement"); and
WHEREAS, pursuant to the terms of the Agreement, the City shall acquire and furnish
all right of way, if any, outside of the existing State Highway System right of way and to
perform all right of way activities, including all eminent domain activities, if necessary, in
accordance with procedures acceptable to Caltrans, in compliance with all applicable
State and Federal laws and regulations; and
WHEREAS, all local public agency projects on the State Highway System, within
existing or proposed State Highway System rights-of-way, are subject to the
requirements of the Caltrans Right-of-Way Manual, ("Manual'); and
WHEREAS, Section 17.04.09.00 "Condemnation for LPA Projects — General' of the
Manual references state law allowing the City to hear and adopt resolutions of necessity
for the acquisition of property needed for local public agency projects on the State
Highway System, provided that the City has passed a resolution, by two-thirds vote,
agreeing to hear Resolutions of Necessity for the Project, and
. . j a
Resolution No.
Page 2
WHEREAS, the City shall follow all State and Federal laws and regulations, and rules
specified in the Manual, in the issuance of any Notices of Intent to adopt a Resolution of
Necessity, and in the adoption of Resolutions of Necessity, and
WHEREAS, the City Attorney shall be designated to process and approve the issuance
of any Notices of Intent to adopt a Resolution of Necessity, and the adoption of any
Resolutions of Necessity, and to confirm all State and Federal laws and regulations are
satisfied with regard to the acquisition of property for State Highway purposes for the
Project.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. The City Council hereby agrees to acquire property for State Highway
purposes, and to hear the Resolutions of Necessity for the Indian Canyon
Drive/Interstate 10 Interchange, City Project No. 00-14, Caltrans Project EA 455700.
Section 2. If requested by the Riverside County Board of Supervisors, ('Board"), the
City Council hereby agrees to hear Resolutions of Necessity on behalf of the Board, in
the event acquisition of property for State Highway purposes for the Indian Canyon
Drive/Interstate 10 Interchange, located in unincorporated Riverside County at the
northeast quadrant of the Interchange, requires eminent domain proceedings.
Section 3. The City Council hereby designates its City Attorney to prepare, review,
process, and approve any Notices of Intent to adopt a Resolution of Necessity, and the
adoption of any Resolutions of Necessity, and to confirm all State and Federal laws and
regulations are satisfied with regard to the acquisition of property for State Highway
purposes for the Indian Canyon Drive/Interstate 10 Interchange, City Project No. 00-14,
Caltrans Project EA 455700.
ADOPTED THIS 1st day of October, 2008.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
r
Resolution No.
Page 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on October 1, 2008, by the
following vote:
AYES:
NOES:
ABSENT,-
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California