2013/02/12 City Council Resolution 2013-023RESOLUTION NO. 2013-023
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 1,285 square
feet of perpetual easement and right of way (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 1. 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 1,285 square
feet of perpetual easement and right of way, (the "Property ") as more fully described and
depicted in Exhibits A and B attached hereto and incorporated herein by this reference.
B. That the Project shall include the replacement of two driveway approaches on the
remaining property to provide access to and from the newly widened Wilfred Avenue /Golf
Course Drive West.
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.
Page 1 of 5
2013 -023
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 Government 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.
Page 2 of 5
2013 -023
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.
19
ATTEST:
�Xnnj-Buergler, City Clerk
AS TO FORM:
Kenyon, City Attorney
Pam Stafford, Mayor
AHANOTU:Ddf BELFORTE: `/ MACKENZIE: A'JE CALLINAN: P O U STAFFORD: P") C-
AYES: ( 5 ) NOES: ( O ) ABSENT: (p ) ABSTAIN: ( p )
Page 3 of 5
2013 -023
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 to or
NOES: (0) COUNCIL MEMBERS:
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
Page 5 of 5
2013 -023
RBF CONSULTING
500 Ygnacio Valley Road, Suite 300
Walnut Creek, California 94596
October 26, 2012
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EXHIBIT "A"
LEGAL DESCRIPTION
RIGHT OF WAY AND
UTILITY EASEMENT
APN 045 - 054 -021
That certain parcel of land situated in the County of Sonoma, State of California, being a portion of Lot
151, 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 Lot 151 as described in the Trust
Transfer Deed, from Raymond F. Loosli and Sophie Loosli to the Loosli 1993 Trust, recorded on March
28, 2006, in Document Number: 2006036300 of Official Records, at said County Recorder's Office, more
particularly described as follows:
BEGINNING at the intersection of the westerly line of said Lot 151 with the northerly right of way line of
Wilfred Avenue as shown on said map (21 M 14);
Thence, easterly along said northerly right of way of Wilfred Avenue South 89 °35'41" East 276.36 feet to
the westerly line of the parcel of land described in the Deed, from Walter C. Rogers to Paula Mendenhall,
recorded on November 18,1994, in Document Number 19940129484 of Official Records, at said County
Recorder's Office;
Thence, northerly along said westerly property line North 00 °26'16" East 9.89 feet;
Thence, westerly and leaving said westerly line South 87 °57'24" West 162.05 feet;
Thence, along the arc of a tangent 1064.00 foot radius curve to the right concave northerly, through a
central angle of 02 °26'55'', an arc distance of 45.47 feet;
Thence; westerly North 89 °35'41" West 69.01 feet to the previously mentioned westerly Lot line;
Thence, southerly along said westerly lot line South 00 °26'06" East 2.00 feet to the POINT OF
BEGINNING.
CONTAINING 1,285 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.
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EXHIBIT C
DEVELOPMENT SERVICES 2/12/13 City Council Agenda
Item Nos. 7 -11
SUPPLEMENTAL
City of Rohnert Park 130 Avram Avenue Rohnert Park, CA 94928 [707] 588 -2243 Fax: [707] 794 -9242
fT,T�T(sT;7\ II11111fit1
DATE: February 12, 2013
TO: City Council
FROM: Patrick Barnes, Deputy City Engiiee "
RE: Corrections to Wilfred Avenue Improvement Project Acquisition Agenda Items 7
through I 1
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 Real Property
Identified as lands of Tesconi Properties LLC, 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- aegttisit;ierr a€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:
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, a westbetind an eastbound
right 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.
ATTACHMENT: Resolution Number 2013 -020
ITEM NO. 11
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: Damn 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 the Loosli 1993 Trust, APN 045- 054 -021, for the
Wilfred Avenue hnprovement Project
RECOMMENDED ACTION: Staff recommends the City Council:
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 the Loosli 1993 Trust, APN 045- 054 -021 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 north side of Wilfred Avenue,
located in the County of Sonoma. Attached for ease of reference is a map titles 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.
1 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. 11
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 1,285 square feet for a perpetual
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 attachments, which will be addressed by City staff at the hearing.
The property identified in the attached Resolution is owned by Raymond Francis Loosli and
Sophi Ann Loosli, as Trustees of the Loosli 1993 Trust under Declaration of Trust dated May
13, 1993, as reinstated March 14, 2006. The use to which the property is currently put is a
single family residence. The property is zoned RR 136 -10 - Rural Residential District. The lot
is 7.23Acres (314,939 square feet) in size and includes a 1 bedroom, 1 bath single family
residence and some outbuilding structures.
The Project shall include the replacement of two driveway approaches on the remaining property
to provide access to and from the newly widened Wilfred Avenue /Golf Course Drive West.
Due to the length of time that has elapsed since the first offers were made, staff is recommending
acquiring the easement 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.
Consistent with Section 1240.140 of the Code of Civil Procedure, the JEPA provides for the City
to exercise its authority to acquire property outside its territorial limits, including all right of way
and temporary easements necessary to develop the Wilfred Avenue Improvement Project,
pursuant to Streets and Highways Code Section 1810, with the County's consent as provided for
in Section 3.1.12 of the JEPA, as well as Public Resources Code Section 5301 et seq., and Streets
and Highways Code Section 5115.
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
2
ITEM NO. 11
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
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.
That the property interest sought to be acquired is necessary for the Wilfred Avenue
Improvement Project. This property is within County Limits, but the City of Rohnert
Park's General Plan, Sphere of Influence, and Urban Growth Boundary indicate that the
future potential City limits will incorporate this property. The City's General Plan calls
for the widening of Wilfred Avenue from Redwood Drive to Lagner to two through lanes
in each direction with a center turn lane for a total of five lanes. This project would
widen that section to four lanes, with one westbound through lane, two eastbound
through lanes, a westbound left turn lane, and safety shoulders incorporating bike lanes.
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. Most of the Wilfred Avenue improvements will be located on the south
side of Wilfred Avenue, but an irregularly shaped strip of land (9.89 feet in width at the
widest point and 2.0 feet at the narrowest point) is needed from this property for the
proposed street improvements.
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
ITEM NO. 11
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
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
10
ITEM NO. 11
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
5