Loading...
HomeMy WebLinkAbout2022-33 CC ResolutionRESOLUTION NO.2022-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RESCINDING RESOLUTION NO. 2021-69, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE I-15/FRENCH VALLEY PARKWAY IMPROVEMENTS — PHASE II (CERTAIN REAL PROPERTY INTERESTS IN CONNECTION WITH OUTDOOR ADVERTISING STRUCTURES/BILLBOARDS IDENTIFIED AS SIGN NUMBER 33321 AND SIGN NUMBER 33322, LOCATED ON PORTIONS OF THE REAL PROPERTIES IDENTIFIED AS APNS 910-060-002 & 910-060-004) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings. A. The City of Temecula ("City") is a municipal corporation, located in the County of Riverside, State of California. B. The City, in cooperation with the California Department of Transportation ("Caltrans"), seeks to construct the I-15/French Valley Parkway Improvements — Phase II ("Phase II") to improve traffic congestion and improve safety and operational efficiency within the limits of the French Valley Parkway Improvements Project ("Project"). The City completed Phase I of the Project, which was designed to provide interim relief by widening the existing southbound off - ramp at Winchester Road, construction of the southbound off -ramp at the French Valley Parkway and construction of the westbound portion of French Valley Parkway between the new off -ramp and Jefferson Avenue. As part of Phase I1, the City proposes to construct a two-lane northbound collector/distributor system along 1-15 from the Winchester Road/1-15 interchange northerly on - ramps to just north of the I-15/I-215 junction with connectors to the I-15 and 1-215. These improvements seek to alleviate congestion on I-15 at the 1-215 junction where weaving occurs as drivers choose between the 1-15 and 1-215 at the same time as they merge from Winchester Road onto the 1-15, and to improve circulation along these routes. Pursuant to Cooperative Agreement 08-1667 between the City and the State of California by and through Caltrans ("Caltrans Cooperative Agreement"), the City is the implementing agency for right of way and is responsible for acquisition of the real property interests needed for Phase II. Caltrans is the lead agency under the National Environmental Policy Act of 1969 ("NEPA") and the California Environmental Quality Act ("CEQA"). C. Phase II requires the acquisition of several property interests, including the acquisition of certain property interests consisting of the interests of Lamar Central Outdoor, Inc. ("Lamar") in and to the outdoor advertising structures/billboards identified as Sign Number 33321 and Sign Number 33322, leasehold interests in connection with Sign Number 33321 and Sign Number 33322, easement interests, if any, in connection with the use of the portions of the real property identified as Riverside County Tax Assessor's Parcel Numbers ("APNs") 910-060-002 and 910-060-004 on which Sign Number 33321 and Sign Number 33322 are located, and goodwill relating to said outdoor advertising structures/billboards located on portions of the real properties identified as APNs 910-060-002 and 910-060-004 that are impacted by Phase II (collectively "Subject Property Interests") for public use, namely for public street and highway purposes, and all uses necessary or convenient thereto, including, but not limited to, public street, highway, retaining walls, drainage, and public utilities in connection with the City's proposed construction of Phase II. D. Pursuant to Government Code Section 7260, et seq., the City obtained fair market value appraisals for the Subject Property Interests and set just compensation for the Subject Property Interests at the fair market value as determined by the City's independent appraisers. On October 22, 2021, the City extended a written offer pursuant to Government Code Section 7267.2 to Lamar. The offer was based on the independent fair market value appraisals prepared on behalf of the City that assumed that it was not feasible for Lamar to relocate the Subject Signs. The parties negotiated in good faith, but had not reached an Agreement, as of December 14, 2021, regarding the impact of the acquisition of the Property Interests and Phase II on the Subject Signs. E. On December 14, 2021, the City Council of the City of Temecula adopted Resolution No. 2021-69, a Resolution of the City Council of the City of Temecula Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the I-15/French Valley Parkway Improvements — Phase II (Certain Real Property Interests in Connection with Outdoor Advertising Structures/Billboards Identified as Sign Number 33321 and Sign Number 33322 Located on Portions of the Real Properties Identified as APNs 910-060-002 & 910-060-004). F. On January 6, 2022, the City filed a Complaint in Eminent Domain as Riverside County Superior Court Case No. CVSW2200256 to condemn the interests of Lamar in and to Sign Number 33321 and Sign Number 33322 ("eminent domain proceeding"). G. The parties resumed their negotiations after the City commenced the eminent domain proceeding, and reached an agreement regarding the Subject Property Interests pursuant to the Settlement, Dismantle Costs, and Loss of Advertising Rent Agreement Between City of Temecula and Lamar Central Outdoor, LLC in Connection with the I-15/French Valley Parkway Improvements — Phase II, which was approved by the City Council on February 22, 2022 pursuant to Resolution No. 2022-17. H. The City filed a dismissal of the eminent domain proceeding. In accordance with the terms of said Agreement, it is necessary for the City Council to rescind Resolution No. 2021-69. I. The City is authorized to rescind Resolution No. 2021-69 pursuant to Code of Civil Procedure 1245.260(c), and other provisions of law. Section 2. Adoption of Resolution Rescinding Resolution No. 2021-69. The City Council of the City of Temecula adopts Resolution No. 2022-33, a Resolution of the City Council of the City of Temecula Rescinding Resolution No. 2021-69, A Resolution of the City Council of the City of Temecula Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the 1-15/French Valley Parkway Improvements — Phase II (Certain Real Property Interests in Connection with Outdoor Advertising Structures/Billboards Identified as Sign Number 33321 and Sign Number 33322 Located on Portions of the Real Properties Identified as APNs 910-060-002 & 910-060-004). Section 3. Certification. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 261h day of April, 2022. ATTES Randi T65r, City Clerk [SEAL] 1 Matt Rahn, Mayor 1 1 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2022-33 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 26`h day of April, 2022, by the following vote: AYES: 5 COUNCIL MEMBERS: Alexander, Edwards, Rahn, Schwank, Stewart NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Randi Johl, City Clerk 4