2013/02/12 City Council Resolution 2013-020RESOLUTION NO. 2013-020
A RESOLUTION OF NECESSITY BY THE CITY COUNCIL OF
THE CITY OF ROHNERT PARK, CALIFORNIA, AUTHORIZING
THE ACQUISITION OF PROPERTY BY EMINENT DOMAIN
FOR THE WILFRED AVENUE WIDENING PROJECT
WHEREAS, the City of Rohnert Park (`City ") proposes to acquire approximately 10,975 square
feet of perpetual easement and right of way, 933 square feet single - family residence structure,
approximately 1,036 square feet of outbuilding structures, and a 1.961 acre temporary
construction easement (the "Property') as more fully described and depicted in Exhibits A and B
attached hereto and incorporated herein by this reference for the Wilfred Avenue /Golf Course
Drive West Widening Project ('the Project "); and
WHEREAS, pursuant to section 1245.235 of the Code of Civil Procedure, the City scheduled a
hearing for February 12, 2013 at 5:00pm at the Council Chambers, located at 130 Avram
Avenue, Rohnert Park, CA 94928 and gave to each person whose property is to be acquired and
whose name and address appeared on the last equalized county assessment roll, notice and a
reasonable opportunity to appear at said hearing and be heard on the matters set forth herein; and
WHEREAS, said hearing has been held by the City and each affected property owner was
afforded an opportunity to be heard on said matters; and
WHEREAS, the City may now adopt a Resolution of Necessity pursuant to section 1240.040 of
the Code of Civil Procedure.
THE CITY COUNCIL OF THE CITY OF ROHNERT PARK DOES FIND,
DETERMINE, RESOLVE, AND ORDER AS FOLLOWS:
SECTION' I. The City Council hereby finds, based upon the substantial evidence contained in
the record, including the written and oral staff reports presented to the City Council with respect
to the proposed acquisition of the Property for the Project, as well as all other written and oral
testimony submitted at the February 12, 2013 hearing, as follows:
A. That the interests to be acquired by the City consist of approximately 10,975
square feet of perpetual easement and right of way, approximately 933 square feet single - family
residence structure, approximately 1,036 square feet of outbuilding structures, and a 1.961 acre
temporary construction easement (the "Property') as more fully described and depicted in
Exhibits A and B attached hereto and incorporated herein by this reference. The temporary
construction easement is for a period of three (3) months, to commence upon fourteen (14) days
written notice from the City, and shall terminate three (3) months after such commencement, but
in no event shall extend beyond completion of construction of the Project.
B. That the Project shall include the demolition of the single - family residence, and
outbuilding structures within the temporary construction easement area. A curb cut to allow
access to and from the newly widened Wilfred Avenue /Golf Course Drive West will be
constructed.
C. That the public interest, convenience and necessity require the Project and all
public uses and purposes appurtenant thereto. The Project and these public uses and purposes
are further described in the City of Rohnert Park's Agenda Staff Report, attached as Exhibit C
and incorporated herein by this reference.
D. That the Project is planned or located in the manner that will be most compatible
with the greatest public good and the least private injury.
E. That the Property is necessary for the Project and such taking is authorized by
Section 19, of Article I of the California Constitution, Sections 37350.5 and 40401 et seq. and
40404 of the California Govermnent Code, Sections 1810 and 5100 et seq. and 5115 of the
California Streets & Highways Code, Sections 5301 et seq. of the California Public Resources
Code, Sections 1230.010 et. seq. and 1240.140 of the California Code of Civil Procedure, and
other applicable law.
F. That all conditions and statutory requirements to exercise the power of eminent
domain to acquire the Property described herein have been complied with by the City.
G. That the offer required by section 7267.2 of the Government Code was made to
the owner or owners of record.
H. That the City of Rohnert Park has complied with Code of Civil Procedure section
1245.235 regarding the provision of necessary notice of the hearing on this Resolution.
I. That the Project was previously approved by the City pursuant to a Notice of
Exemption on September 25, 2012, that the City filed a notice of exemption with the County
Clerk on September 26, 2012 who posted it that same day through October 29, 2012, that the
condemnation action proposed in this Resolution was anticipated in the Project's approval and is
a subsequent action toward implementing the Project, and that the acquisition efforts proposed
do not involve any substantial changes to the Project, nor would they cause new or more severe
impacts.
SECTION 2. Based upon the forgoing facts, findings and conclusions, the City Council hereby
declares its intention to acquire the Property in accordance with all applicable laws of the State
of California governing proceedings in eminent domain.
SECTION 3. If any portion of the area of the Property has been appropriated to some public
use, the public use in furtherance of the Project is a more necessary and paramount public use,
pursuant to Code of Civil Procedure section 1240.610 or, alternatively, will not unreasonably
interfere with or impair the continuance of the public use as it then exists or may reasonably be
expected to exist in the future, pursuant to Code of Civil Procedure section 1240.510.
SECTION 4. The law firm of Burke, Williams & Sorensen, LLP, is authorized and directed to
bring an action in the Superior Court of the State of California, County of Sonoma, against all
owners and claimants of the Property described herein for the purpose of acquiring the Property
for the public use of the Project and to do all things necessary to prosecute such an action to its
final determination in accordance with applicable law. The authorized attorneys are instructed to
make an application to the court for an order fixing the amount of security by way of money
deposits as the court may direct and for an order permitting the City to take possession and use of
the Property for the use and purposes herein described.
SECTION 5. The City Manager is authorized to engage the services of any consultant deemed
necessary to complete the acquisition of the Property and to sign and verify any and all
complaints or other instruments necessary to maintain and complete an action in eminent
domain.
SECTION 6. This Resolution shall take effect immediately upon its adoption.
SECTION 7. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 12th day of February, 2013.
:9
ATTEST:
Buergler, City Clerk
TO FORM:
Kenyon, City Attorney
Pam Stafford, Mayor
AHANOTU: RIe BELFORTE: t -0 MACKENZIE: OJI CALLINAN: iAIC- STAFFORD: -115
AYES: ( 5 ) NOES: ( 0 ) ABSENT: ( 0 ) ABSTAIN: ( 0 )
I, JoAnne Buergler , City Clerk of the City of Rohnert Park, do hereby
certify that the foregoing Resolution was duly passed and adopted by the City Council of
the City of Rohnert Park at a regular meeting of the City Council held on the 12th day
of February , 2013 by the following vote:
YESES: (5) COUNCIL MEMBERS: Ahanotu, Belforte, Mackenzie, Callinan
and Mayor Stattord
NOES: (0) COUNCIL MEMBERS: None
ABSENT:(0) COUNCIL MEMBERS: None
ABSTAIN(0) COUNCIL MEMBERS: None
ATTACHMENTS
EXHIBIT A
LEGAL DESCRIPTION
EXHIBIT B
PLAT MAP
EXHIBIT C
CITY'S STAFF REPORT
RBF CONSULTING
500 Ygnacio Valley Road, Suite 300
Walnut Creek, California 94596
October 26, 2012
J N: 50- 100964
Page 1 of 1
EXHIBIT "A"
LEGAL DESCRIPTION
RIGHT OF WAY AND UTILITY
EASEMENT
APN 045 -075 -001
That certain parcel of land situated in the County of Sonoma, State of California, being a portion of the
West Half of Lot 161, Santa Rosa Farms No. 2, filed on March 7, 1910 in Book 21 of Maps, at Page 14, in
the Office of the County Recorder of said Sonoma County and being a portion of the West Half of Lot 161
as described in the Quitclaim Deed, from Alvin C. Tesconi Trust Agreement to Tesconi Properties LLC.,
recorded on December 22, 2005, in Document Number: 2005188352 of Official Records, at said County
Recorder's Office, more particularly described as follows:
BEGINNING at the intersection of the easterly right of way line of Dowdell Avenue as shown on said map
(21 M 14) with the southerly right of way line of Wilfred Avenue as shown on said map (21 M 14);
Thence, easterly along said southerly right of way line of Wilfred Avenue, South 89 °35'41" East
267.31 feet, to the easterly line of the property as described in said document (2005188352);
Thence, southerly and along said easterly line South 00 °24'40" West 40.00 feet;
Thence, westerly and parallel with said southerly right of way line North 89 °35'41" West 240.82 feet;
Thence, South 36 °39'55" West 16.09 feet;
Thence, westerly and parallel with said southerly right of way line North 89 °35'41" West 17.00 feet to said
easterly right of way line of Dowdell Avenue;
Thence, northerly along said easterly right of way line North 00 °26'27" East 52.98 feet to the POINT OF
BEGINNING.
CONTAINING 10,975 Square Feet, more or less.
BASIS OF BEARINGS The, bearings and distances contained herein are based upon the Record of
Survey filed December 16, 2011 in Book 747 of Maps at Pages 50 -53, in said County Recorder's Office.
SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of Record.
EXHIBIT "B" attached and by this reference made a part hereof. ; r,
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David Baumann, P.L_S. 7309 N o. 7,3
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SKETCH TO ACCOMPANY A
LEGAL DESCRIPTION FOR
WILFRED AVENUE
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CITY OF ROHNERT PARK
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STATE OF CALIFORNIA
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TESCONI PROPERTIES
DOCUMENT NUMBER: 2005188352
S00 °24'40 "W
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APN 045- 075 -002
ATLANTIC RICHFIELD
COMPANY
DOCUMENT NUMBER:
2000119461
SANTA ROSA FARMS NO. 2
21 14
APN 045 -075 -003
APN 045- 075 -009
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RBF CONSULTING
500 Ygnacio Valley Road, Suite 300
Walnut Creek, California 94596
October 26, 2012
JN: 50- 100964
Page 1 of 2
EXHIBIT "A"
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
EASEMENT
APN 045- 075 -001
That certain parcel of land situated in the County of Sonoma, State of California, being a portion of the
West Half of Lot 161, Santa Rosa Farms No. 2, filed on March 7, 1910 in Book 21 of Maps, at Page 14, in
the Office of the County Recorder of said Sonoma County and being a portion of the West Half of Lot 161
as described in the Quitclaim Deed, from Alvin C. Tesconi Trust Agreement to Tesconi Properties LLC.,
recorded on December 22, 2005, in Document Number: 2005188352 of Official Records, at said County
Recorder's Office, more particularly described as follows:
COMMENCING at the intersection of the easterly right of way line of Dowdell Avenue as shown on said
map (21 M 14) with the southerly right of way line of Wilfred Avenue as shown on said map (21 M 14);
Thence, easterly along said southerly right of way line of Wilfred Avenue, South 89 °35'41" East
267.31 feet, to the easterly line of the property as described in said document (2005188352);
Thence, southerly and along said easterly line South 00 °24'40" West 40.00 feet to the TRUE POINT OF
BEGINNING;
Thence, leaving said easterly line, westerly and parallel with said southerly right of way line North
89 °35'41" West 240.82 feet;
Thence, South 36 °39'55" West 16.09 feet;
Thence, westerly and parallel with said southerly right of way line North 89 °35'41" West 17.00 feet to said
easterly right of way line of Dowdell Avenue;
Thence, southerly along said easterly right of way line South 00 °26'27" West 307.12 feet to the southerly
line of said Lot 161;
Thence, easterly along said southerly line South 89 °26'39" East 267.50 feet;
Thence, leaving said southerly and northerly North 00 °24'40" East 320.80 feet to the TRUE POINT OF
BEGINNING.
CONTAINING 1.961 Acres, more or less.
H: \PDATA \50100964\Admin \leg al \W ilfred \9641eg017- TCE.docx
RBF CONSULTING
500 Ygnacio Valley Road, Suite 300
Walnut Creek, California 94596
TEMPORARY CONSTRUCTION
EASEMENT
APN 045- 075 -001
October 26, 2012
JN: 50- 100964
Page 2 of 2
BASIS OF BEARINGS The bearings and distances contained herein are based upon the Record of
Survey filed December 16, 2011 in Book 747 of Maps at Pages 50 -53, in said County Recorder's Office.
SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of Record.
EXHIBIT "B" attached and by this reference made a part hereof.
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David Baumann, P.L.S. 7309
License Expires March 31, 2013
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CONSULTING
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CEMBER 21, 2012
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DEVELOPMENT SERVICES 2/12/13 City Council Agenda
Item Nos. 7 -11
SUPPLEMENTAL
City of Rohnert Park 130 Avram Avenue Rohnert Park, CA 94928 [7071588.2243 Fax: [707] 794 -9242
DATE: February 12, 2013
TO: City Council
FROM: Patrick Barnes, Deputy City Engi.ee
RE: Corrections to Wilfred Avenue Improvement Project Acquisition Agenda Items 7
through 11
Please be advised that the Resolution Number 2013 -020, for City Council Agenda Item Number
8, Resolution of Necessity for Authorizing Acquisition and Condemnation of .Rea] Property
Identified as lands of Tesconi Properties .L.LC, APN 045- 075 -001, for the Wilfred Avenue
Improvement Project, has been revised and is hereby replaced by the attached Resolution
Number 2013 -020. The following sentence has been added to Section 1, Paragraph A:
The temporary construction easement is for a period of three (3) months, to commence
upon fourteen (14) days written notice from the City, and shall terminate three (3) months
after such commencement, but in no event shall extend beyond completion of
construction of the Project.
Please also be advised that there was a typographical error in Staff Reports for City Council
Agenda Item Numbers 7, 8, 9, 10, and 11. In the body of all five (5) staff reports, there is a list
of three (3) findings. The -first finding in all five (5) reports is hereby revised as follows:
1. That the public interest, convenience and necessity require the aeq}tisitie the
proposed project. As proposed and more particularly provided for above and in the
JEPA, the Wilfred Avenue Improvement Project will serve public purposes, for example,
it will mitigate traffic, circulation and public safety impacts of the Casino;
Finally, there was a typographical error in Staff Report for City Council Agenda Item Number 7.
In the body of the staff report, there is a list of three (3) findings. The third finding in the report
is hereby revised as follows:
That the property interest sought to be acquired is necessary for the Wilfred Avenue
Improvement Project. This section of Wilfred Avenue will be widened to create two
through lanes in each direction, an eastbound left turn lane, a westheend an eastbound
right turn lane, and bike lanes, consistent with the City of Rohnert Park's Genera] Plan.
The improvements include storm water capture, flood mitigation, water quality treatment
and require that existing utilities be relocated to accommodate the roadway and drainage
improvements.
ATTACHMENT: Resolution Number 2013 -020
�Y.i�Il3tT C-
ITEM NO. 8
Mission Statement
"We Care for Our Residents by Working Together to Build a
Better Community for Today and Tomorrow."
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA REPORT
Meeting Date: February 12, 2013
Department: Development Services
Submitted By: Darrin Jenkins, Assistant City Manager
Prepared By: Patrick Barnes, Deputy City Engineer
Agenda Title: Resolution of Necessity for Authorizing Acquisition and Condemnation of Real
Property Identified as lands of Tesconi Properties LLC, APN 045- 075 -001, for
the Wilfred Avenue Improvement Project
RECOMMENDED ACTION: Staff recommends the City Council:
1. Conduct a hearing on the attached Resolution finding and determining that the public
interest, convenience and necessity require the acquisition of certain property identified
as lands of Tesconi Properties LLC, APN 045- 075 -001, for the Wilfred Avenue
Improvement Project; and
2. Review the evidence presented, including this staff report and public comments and close
the hearing; and
3. Adopt the attached Resolution authorizing the commencement of eminent domain
proceedings so as to acquire the interest in real property described therein (Note: This
requires an affirmative supermajority [4/5] vote of the City Council).
BACKGROUND AND ANALYSIS: The subject of this resolution is the initiation of eminent
domain to obtain legal possession of right -of -way along the south side of Wilfred Avenue,
located in the City of Rohnert Park. Attached for ease of reference is a map titled Exhibit B to
the Resolution.
The widening of Wilfred Avenue /Golf Course Drive West is called for in the City's and
County's respective general plans. The City of Rohnert Park entered into a Joint Exercise of
Powers Agreement ( "JEPA ") with Sonoma County representatives, and the Federated Indians of
Graton Rancheria ( "Tribe) to facilitate the road widening of Wilfred Avenue (hereinafter Wilfred
Avenue Improvement Project). The Wilfred Avenue Improvement Project helps mitigate traffic
impacts of proposed development and implements the City and County General Plan
Transportation Elements.
' The City renamed Wilfred Avenue to Golf Course Drive West within the City limits to be consistent with the
existing Golf Course Drive, recently connected to Wilfred Avenue underneath a new overpass on Highway 101.
ITEM NO
Pursuant to California Government Code sections 6500 et seq., 7267.2, 37350.5, and 40401 et
seq. and 40404, and California Code of Civil Procedure Section 1230.010 et seq., 1240.410 and
1240.020, and Section 19, Article I of the California Constitution, and other authorities,
including authorization in the JEPA, the City is authorized to acquire the subject property by
eminent domain, provided certain procedural steps are followed.
A portion of the necessary right of way for the Wilfred Avenue Improvement Project has been
acquired through voluntary negotiations, which are continuing. At this time, negotiations have
not been successful with a few property owners, including 10,975 square feet for a perpetual
easement and 1.961 acres (85,421 square feet) for a temporary construction easement, which is
the subject of this Resolution. Formal offers to acquire the necessary road right -of -way were
made to the property owner by both the Tribe and the City — but the owner has not executed an
agreement to voluntarily sell the easement. The background for the subject property is
described in the attaclunents, which will be addressed by City staff at the hearing.
The property identified in the attached Resolution is owned by Tesconi Properties, LLC. The
use to which the property is currently put is a single family residence. The property is zoned
SP - Specific Plan/C -R- Regional Commercial. The lot is 2.51 Acres (109,336 square feet)
[gross area] in size and includes a 2 bedroom, 1 bath single family residence and some
outbuilding structures.
The Project shall include the demolition of the single - family residence, and outbuilding
structures within the temporary construction easement area. A curb cut to allow access to and
from the newly widened Wilfred Avenue /Golf Course Drive West will be constructed.
Due to the length of time that has elapsed since the first offers were made, staff is recommending
acquiring the easements from the subject property mentioned above through the City's eminent
domain powers. This will allow the acquisition process to proceed in a timely and orderly
manner in order to meet project construction deadlines. A delay in obtaining all of the required
right -of -way for this project within the current schedule may delay the project construction for an
additional year.
The City must make an offer to purchase to the property owner, which offer must be transmitted
in writing, based upon an appraisal. The City tendered a statutory Offer to Purchase (Exhibit 1)
to the Property owner as required by law based upon an approved appraisal. To date, the offer
has not been accepted.
In order to meet construction timing obligations, it is now necessary that an action in eminent
domain be commenced to acquire the property interests referenced herein. Prior to the filing of
an eminent domain action, the City must hold a hearing on the proposed Resolution of Necessity,
(Exhibit 2) and provide the owner of the affected property an opportunity to be heard, provided
that the owner has filed a request to be heard in writing with the City prior to the hearing.
In addition, the hearing must be duly noticed. Attached is a copy of the Notice of Hearing,
which was delivered in accordance with the applicable statutes (Exhibit 3).
After conducting the public hearing, if the City finds that the public necessity so requires, the
PA
ITEM NO. 8
City should adopt the attached Resolution of Necessity, authorizing condemnation proceedings
for the purpose of acquiring the property which is described therein.
The findings, which need to be made, are as set forth in the Resolution of Necessity.
Specifically, the City must find:
1. That the public interest, convenience and necessity require the acquisition of the
proposed project. As proposed and more particularly provided for above and in the
JEPA, the Wilfred Avenue Improvement Project will serve public purposes, for example,
it will mitigate traffic, circulation and public safety impacts of the implementation of the
city's general plan and nearby casino development;
2. That the Wilfred Avenue Improvement Project is planned or located in the manner that
will be most compatible with the greatest public good and the least private injury.
Wilfred Avenue is already in existence. As such, the widening of the currently- existing
road will offer the least injury to private property as the construction of a new, wider road
would require the acquisition of additional property. Additionally, constructing a new,
wider road at a different location at this point would be unreasonable and unnecessarily
costly to the public.
3. That the property interest sought to be acquired is necessary for the Wilfred Avenue
Improvement Project. This section of Wilfred Avenue will be widened to create two
through lanes in each direction, an eastbound left turn lane, and bike lanes, consistent
with the City of Rohnert Park's General Plan. The improvements include storm water
capture, flood mitigation, water quality treatment and require that existing utilities be
relocated to accommodate the roadway and drainage improvements. The Wilfred
Avenue improvements will require demolition of the on -site improvements, including the
single family residence, which necessitates the acquisition of a temporary construction
easement, in addition to the permanent roadway easement.
Questions relating to value are not relevant to this proceeding. This action begins a process
where the property owner will be allowed to make their case to the court as to the value of their
property. However, that does not mean that negotiations for the acquisition of the property
interests are at an end. After the hearing, counsel and the City's right -of -way consultant will
continue to negotiate with the owner and diligently pursue satisfactory conclusions to the right -
of -way acquisitions.
ENVIRONMENTAL ANALYSIS:
With respect to environmental review, the Wilfred Avenue Improvement Project was previously
approved by the City pursuant to a Notice of Exemption on September 25, 2012. The Notice of
Exemption relied upon a statutory exemption in Government Code Section 12012.56 which
acknowledges that federal environmental review had already been conducted for the Casino and
its offsite impacts such as traffic. That exemption provides that the timely mitigation
accomplished through an intergovernmental agreement, such as the JEPA, of any significant
effect on the environment, including traffic and public safety impacts, and compensation
3
ITEM NO. 8
therefore, which is attributable in whole or in part to the Casino is not a project for CEQA
purposes. The City filed a notice of exemption with the County Clerk on September 26, 2012
who posted it that same day through October 29, 2012.
The acquisition of land for widening Wilfred Avenue by eminent domain, which proceedings are
proposed to be initiated herein by adoption of a Resolution of Necessity, was anticipated in the
approval of the Wilfred Avenue Improvement Project and is a subsequent action toward
implementing said project. As a result, staff has determined that efforts to acquire the property
described herein have already been analyzed and found to be statutorily exempt from CEQA.
Adopting the Resolution of Necessity and initiating eminent domain proceedings does not
involve any substantial changes to the Project, nor would such action cause new or more severe
environmental impacts. For those reasons, neither the obligation to comply with CEQA nor is
the statute of limitations on that prior action are re- triggered by this action toward implementing
the project.
OPTIONS CONSIDERED: Project will not be constructed as planned.
FISCAL IMPACT/FUNDING SOURCE: In accordance with the JEPA, the Tribe is solely
responsible for paying for all design, permitting, construction, review, inspection, project
management, staff, legal, right of way acquisition, and operating and maintenance costs incurred
for the construction of the Wilfred Avenue Improvement Project.
Department Head Approval Date: 2/7/2013
City Manager Approval Date: 2/7/2013
City Attorney Approval Date: 1/30/2013
Attachments (list in packet assembly order):
Exhibit 1. Offer Letter
Exhibit 2. Resolution of Necessity with Exhibits (legal description and plat map)
Exhibit 3. Notice of Hearing regarding intent of the City Council for the City of Rohnert
Park to consider the adoption of a resolution of necessity to acquire property by
eminent domain
S