The URL can be used to link to this page

Home My WebLink About14-068 CC ResolutionRESOLUTION NO. 14 -68 ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT FOR POSSESSION AND USE BETWEEN THE RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF TEMECULA IN CONNECTION WITH THE MURRIETA CREEK FLOOD CONTROL, ENVIRONMENTAL RESTORATION AND RECREATION PROJECT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. A. The City of Temecula ( "City') is a municipal corporation, located in the County of Riverside, State of California. Pursuant to Government Code section 37350, the City is authorized to purchase, lease, receive, hold and enjoy real and personal property, and control and dispose of it for the common benefit. Pursuant to Government Code section 37351, the City may control, dispose of and convey its property for the benefit of the City. ' B. The City is a local participant of the Murrieta Creek Flood Control, Environmental Restoration and Recreation Project ( "Project') pursuant to that certain Cooperative Agreement dated January 11, 2005 between the District, the City of Temecula and the City of Murrieta. The Riverside County Flood Control and Water Conservation District ( "District') has been working with the U.S. Army Corps of Engineers on the Project. The Project is comprised of several funding sources, including local participation by the Cities of Temecula and Murrieta. C. The Project was authorized as a multipurpose flood control, ecosystem restoration and recreation project. The Project is in the public interest and necessity and will benefit the community because it seeks to reduce the risk of flooding along Murrieta Creek in the Southwest area of Riverside County. The U.S. Army Corps of Engineers and the District anticipate that they will construct the Project in the following four phases, subject to the necessary federal appropriations: • Phase I — Consists of a green -belt channel starting near the USGS gauging station located downstream of Old Town that extends approximately 3,000 feet upstream to First Street in Temecula. • Phase II — Consists of a green -belt channel starting at First Street in Old Town that extends approximately 15,000 feet upstream, to Winchester Road in Temecula. Resos 14 -68 • Phase III — Consists of a 250 -acre stormwater detention basin, located near the confluence of Santa Gertrudis, Warm Springs and Murrieta Creeks in Murrieta. An approximate 50 -acre park and recreation area is included within the basin. • Phase IV — Consists of a green -belt channel starting from the basin that extends approximately 19,000 feet up stream to Vineyard Parkway (formerly Tenaja Road) in the City of Murrieta. D. On November 8, 2012, the District extended to the City a written offer to purchase an approximate 32,332 square foot (0.74 acre) portion of the City's South Side Parking Lot identified as Riverside County Tax Assessor's Parcel Numbers 922- 073 -024 and 922 - 046 -025 to construct Phase II of the Project. The 32,332 square foot portion of the City's South Side Parking Lot is referenced as RCFC Parcel Nos. 7021 - 18A1 and 7021 -32A ( "Subject Property ") . E. The City and the District have engaged in good faith negotiations for the District's acquisition of the Subject Property, but have not reached an agreement in connection with the acquisition. Based on the timing of the Project, the District seeks possession and use of the Subject Property to construct Phase II of the Project. Accordingly, the Parties desire to enter into that certain Agreement for Possession and Use Between the Riverside County Flood Control and Water Conservation District and the City of Temecula in Connection with the Murrieta Creek Flood Control, ' Environmental Restoration and Recreation Project ( "Possession and Use Agreement ") to authorize the District to possess and use the Subject Property to construct Phase II of the Project. F. Pursuant to the Possession and Use Agreement, the City grants to the District, its contractors, agents and all others deemed necessary by the District, the irrevocable and exclusive right to possession and use of the Subject Property including the right to remove and dispose of improvements within the Subject Property, subject to the rights, if any, of First & Front, a California general partnership and /or its tenant(s) to the Subject Property. In addition, the District is entitled to take possession and use the Subject Property, including but not limited to the right to begin construction of the Project, upon execution of this Agreement by both Parties. The District is solely responsible for obtaining any necessary consents from First & Front, a California general partnership and /or its tenant(s) in connection with the District's use of the Subject Property. G. Pursuant to the Possession and Use Agreement, the District agrees to continue to negotiate with the City in good faith for the District's purchase of the Subject Property. If the Parties reach a negotiated agreement for the District's purchase of the Subject Property, the Parties will enter into a Purchase and Sale Agreement to set forth the terms of the acquisition. If the Parties do not reach an agreement regarding the ' District's purchase of the Subject Property within nine months of the Effective Date of the Possession and Use Agreement, the District may file an eminent domain proceeding. If the District does not file an eminent domain proceeding within twenty- Resos 14 -68 2 four months of the Effective Date of the Possession and Use Agreement, the City may ' file an inverse condemnation proceeding. The Agreement provides that the only issue in such eminent domain or inverse condemnation proceeding is the amount of just compensation that the District will pay for the Subject Property. Section 2. A. Approval of Possession and Use Agreement and Authority of City Manager to Take Actions Necessary to Implement the Agreement in Connection with the Subject Property Identified as RCFC Parcel Numbers 7021 -18A1 and 7021 -32A B. The City Council of the City of Temecula hereby finds that authorizing the District to possess and use the Subject Property to construct Phase II of the Project is for the common benefit and for the benefit of the City. The construction of the Project will benefit the community because it seeks to reduce the risk of flooding along Murrieta Creek in the Southwest area of Riverside County. The Possession and Use Agreement will facilitate the District's construction of Phase ll. The City Council of the City of Temecula hereby approves that certain agreement entitled "Agreement for Possession and Use Between the Riverside County Flood Control and Water Conservation District and the City of Temecula in Connection with the Murrieta Creek Flood Control, Environmental Restoration and Recreation Project ", with such changes in the Possession and Use Agreement as may be mutually agreed to by the District and the ' City Manager as are in substantial conformance with the form of the Possession and Use Agreement on file in the Office of the City Clerk. The Mayor Pro Tern is hereby authorized to execute the Possession and Use Agreement on behalf of the City. A copy of the final Possession and Use Agreement, when executed by the Mayor Pro Tem, shall be placed on file in the Office of the City Clerk. Section 4. A. The City Manager (or his designee), is hereby authorized, on behalf of the City, to take all actions necessary and convenient to carry out and implement the Possession and Use Agreement, and to administer the City's obligations, responsibilities and duties to be performed under the Possession and Use Agreement, including but not limited to, other similar agreements and documents as contemplated by or as necessary and convenient to implement said Agreement. Section 5. A. The City Clerk shall certify the adoption of this resolution. Resos 14 -68 3 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 28th day of October, 2014. ATTEST- --- Randi Joht =O son, JD, MMC City Clerk [SEAL] Resos 14 -68 (Maryann Edwards, Mayor STATE OF CALIFORNIA ) ' COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl - Olson, JD, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 14 -68 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 28th day of October, 2014, by the following vote: AYES: 4 COUNCIL MEMBERS: Comerchero, Naggar, Roberts, Washington NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ABSTAIN: 1 COUNCIL MEMBERS: Edwards e44� ' Randi Johl - Olson, JD, MMC City Clerk Resos 14 -68 5