HomeMy WebLinkAboutED 750 Grand Avenue Eminent DomainC/TYOF Agenda Item No: 4.b
n4 Meeting Date: August 15, 2016
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Economic Development
Prepared by: Tom Adams City Manager Approval:
Economic Dev. Coordinator
TOPIC: Initiation of Eminent Domain Process to acquire 750 Grand Avenue as part of the
Grand Avenue Improvement Project
SUBJECT: SAN RAFAEL CITY COUNCIL RESOLUTION OF NECESSITY AUTHORIZING THE
ACQUISITION OF PROPERTY BY EMINENT DOMAIN FOR THE GRAND AVENUE
IMPROVEMENT PROJECT (CODE OF CIVIL PROCEDURE SECTION 1245.220)
RECOMMENDATION:
Staff recommends that the City Council open the hearing on the Resolution of Necessity, take
testimony, close the hearing and consider adopting the Resolution of Necessity authorizing the
acquisition of property by eminent domain for the improvements as part of the Second and Grand
Intersection Project and the Grand Avenue Bicycle and Pedestrian Bridge Project.
BACKGROUND:
The acquisition of the privately -owned property at 750 Grand Avenue is necessary to begin work on the
Grand Avenue Improvement Project, which includes improvements to the intersection at Second Street
and Grand Avenue and the installation of a new bicycle and pedestrian bridge just south of the Second
Street and Grand Avenue intersection. The Grand Avenue Improvement Project is a high priority for the
City of San Rafael - these construction improvements are considered a key transportation infrastructure
investment for the entire community and a vital link in the City's bicycle and pedestrian infrastructure
network.
Plans to improve the connection between the East San Rafael/Canal neighborhoods and the
Downtown/ Montecito neighborhoods have been in place for over fifteen years and they are featured in
multiple City of San Rafael planning documents. The City of San Rafael General Plan 2020 completed
in 2004 includes the improvements to the intersection and bridge as a `Major Planned Circulation
Improvement' necessary to improve safety and relieve congestion. The City has acquired grant funding
for these projects from multiple agencies and they have been part of the City's Capital Improvement
FOR CITY CLERK ONLY
File No.: 3-6
Council Meeting: 08/15/2016
Disposition: Resolution 14179
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Plan for over 5 years. These projects also are included in the City's current Bicycle and Pedestrian
Master Plan as well as the City's Canal Transportation Plan.
ANALYSIS:
The City is authorized to acquire private property for a public purpose by providing "just compensation"
to the property owner through the process of eminent domain. A hearing on the Resolution of
Necessity must be held and the resolution approved by a four-fifths (4/5) vote of the City Council prior
to the City moving forward with the eminent domain process. Adoption of the Resolution of Necessity
authorizes the City to acquire the Property by eminent domain, deposit the probable amount of just
compensation with the State Treasury and obtain an order for prejudgment possession of the Property.
The purpose of the hearing on the Resolution of Necessity is to provide the property owners with an
opportunity to address the City Council on this matter relating to the City's necessity to acquire the
Property for the project. However, the amount of compensation owed for the acquisition will be decided
through continued negotiations or by a court of law, and thus, compensation is not a proper matter to
be discussed at the hearing.
State law requires that the City Council make certain findings with respect to the adoption of the
Resolution of Necessity (see Attachment 1). The findings required for the adoption of the Resolution of
Necessity, and information supporting those findings, are as follows:
1) The Public Interest and Necessity Require the Project.
This project is vital for transportation safety, and the public interest and necessity require this project.
The City will be using the property to be acquired to make improvements to the Second Street and
Grand Avenue intersection and to install a bicycle and pedestrian bridge along with sidewalk and
driveway realignment on Grand Avenue and Francisco Boulevard East. The intersection and bridge
improvements will include new expanded sidewalks, curbs, gutters, ADA compliant curb ramps and
driveway, traffic signal modification, signing, and striping, as well as the installation of a new 150' long
by 12' wide bridge across the San Rafael Canal for the exclusive use of bicycles and pedestrians. This
project will provide significant safety improvements for travel between East San Rafael and the
Downtown and Montecito areas.
2) The Interests Sought to be Acquired are Necessary for the Project.
Given the existing conditions and constraints, the property at 750 Grand Avenue is required to proceed
with this project and the interests sought to be acquired are necessary for this project. Without this
property, the improvements described above cannot be completed and the project goals would not be
achieved. The property to be acquired is described in Exhibits A and B to the Resolution of Necessity
(Attachment 1).
3) The Project is planned or located in a manner that will be most compatible with the greatest
public good and the least private injury.
The property to be acquired will serve the greatest public good and the least private injury. In order for
the project to proceed, the City needs to acquire the entire property in order to provide adequate area
to install the bridge, widen sidewalks, realign the existing driveway egress, and reposition sidewalks at
the intersection. Engineering staff evaluated a variety of options for redesign of the intersection and the
installation of bicycle and pedestrian improvements and it was determined that acquisition of the entire
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
parcel was necessary to ensure compliance with state transportation safety standards for the
intersection and the bicycle and pedestrian movements for both the bridge and intersection.
4) The offer required by the Government Code has been made.
On June 2, 2015, the City issued a purchase offer in conformance with Government Code section
7267.2(a) to the owners of record. Since issuance of the Government Code offer, the City has made
substantial efforts to reach a negotiated settlement with the property owners of 750 Grand Avenue.
These efforts to date have been unsuccessful, but negotiations are ongoing.
The project requires that the City obtain possession in order to proceed, and thus the City is now
considering adopting the subject Resolution of Necessity. On July 14, 2016 the owners were provided
with a "Notice of Intention to Adopt a Resolution of Necessity to Acquire Property by Eminent Domain"
giving notice that the adoption of the Resolution of Necessity would be considered by the Council at its
regular meeting of Monday, August 15, 2016. A copy of the notice provided to the owners is attached
hereto as Exhibit C to the resolution.
ENVIRONMENTAL REVIEW:
The City filed a Notice of Exemption from environmental review for the Grand Avenue Improvement
Project on April 30, 2012 to May 30, 2012.
PUBLIC OUTREACH AND NOTICING:
The posting of the City Council agenda serves as the notice to the general public. Notice of the hearing
was mailed to the property owners and business tenants at least 15 days in advance of the hearing, as
required by state law.
FISCAL IMPACT:
At the current time, it is unknown as to what the ultimate cost will be for the purchase of 750 Grand
Avenue - the amount of compensation owed for the acquisition will be decided through continued
negotiations or by a court of law, and thus, compensation is not a proper matter to be discussed at the
public hearing. It should be noted that most of the acquisition budget for the property is anticipated to
come from the State Lands Fund.
OPTIONS:
1. Adopt Resolution as presented.
2. Adopt Resolution with modifications.
3. Direct staff to return with more information.
RECOMMENDED ACTION:
Conduct a Hearing and adopt the Resolution by a four-fifths (4/5) vote.
ATTACHMENTS:
1. Resolution, with Exhibits:
A — Legal Description
B — Plat Map
C — Notice of Intent to Adopt Resolution of Necessity
RESOLUTION NO. 14179
SAN RAFAEL CITY COUNCIL RESOLUTION OF NECESSITY
AUTHORIZING THE ACQUISITION OF PROPERTY BY EMINENT
DOMAIN FOR THE GRAND AVENUE IMPROVEMENT PROJECT
(CODE OF CIVIL PROCEDURE SECTION 1245.220)
WHEREAS, the City of San Rafael ("City) Grand Avenue Improvement Project
(the "Project") is a public project improving the traffic circulation and safety of Second
Street and Grand Avenue through the installation of pedestrian, bicycle, and intersection
improvements including new sidewalks, curbs, gutters, ADA compliant curb ramps and
driveway, traffic signal modification, signing, and striping, as well as the installation of a
new 150' long by 12' wide bridge across the San Rafael Canal for the exclusive use of
bicycles and pedestrians to be installed approximately 5' east of the existing bridge on
Grand Avenue south of Second Street, and sidewalk improvements for bicycles and
pedestrians along the northern end of Francisco Blvd. East; and
WHEREAS, the City desires to acquire Assessor Parcel No. 014-132-10,
commonly known as 750 Grand Avenue, San Rafael ("Subject Property"), which is
necessary to the completion of the Project; and
WHEREAS, the City is authorized to acquire the Subject Property described in
Exhibit A and shown in Exhibit B, attached hereto and incorporated herein, and to
exercise the power of eminent domain for public use in accordance with the California
Constitution and the California Eminent Domain Law, Code of Civil Procedure section
1230.010, et seq., section 1240.410, section 1240.610, and pursuant to Government
Code sections 40401, 40404, and 37350.5, and Streets and Highways Code section
10102; and
WHEREAS, on July 13, 2016, the City mailed a notice of hearing on the intent of
the City Council of the City of San Rafael to adopt a Resolution of Necessity for
acquisition by eminent domain of the Property described in Exhibit A, which notice is
attached hereto as Exhibit C. Notice of this hearing was mailed to all persons whose
name(s) appear on the last Equalized County Assessment Roll as having an interest in
the property described in Exhibit A, and to the addresses appearing on the Roll. The
notice of hearing advised the persons of their right to be heard on the matters referred
to in the notice on the date and at the time and place stated; and
WHEREAS, the hearing set out in said notice was held on August 15, 2016 at
the time and place stated therein, and all interested parties were given an opportunity to
be heard.
NOW, THEREFORE, THE CITY OF SAN RAFAEL CITY COUNCIL HEREBY
FINDS and DETERMINES that:
1. The public interest and necessity require the Project.
2. The Project is planned or located in a manner that will be most compatible
with the greatest public good and the least private injury.
3. The Subject Property described herein in Exhibit A is necessary for the
Project.
4. The offer required by section 7267.2 of the Government Code was made
to the owner or owners of record.
5. The City has complied with all conditions and statutory requirements
necessary to exercise the power of eminent domain to acquire the Subject Property
described herein.
6. The City filed a Notice of Exemption from April 30, 1012 to May 30, 2012
to comply with the California Environmental Quality Act ("CEQA") for the Project.
7. The City Attorney or his duly authorized designee be, and he is hereby,
authorized and directed to institute and conduct to conclusion an action in eminent
domain for the acquisition of the estates and interests aforesaid and to take such action
as he may deem advisable or necessary in connection therewith.
8. The City may deposit with the State Treasury the probable amount of
compensation and obtain an order permitting the City of San Rafael to take prejudgment
possession of the Subject Property.
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the
foregoing Resolution was duly and regularly introduced and adopted at a regular
meeting of the City Council of said City held on Monday, the 15th day of August 2016,
by the following vote, to wit:
AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ESTHER C. BEIRNE, City Clerk
OAK #4836-4712-5556 vl
EXHIBIT rlAr,
DESCRIPTION
FEE ACQUISITION
APN: 014-132-10
All that land as deeded to Harold Geister and Aurelia Geister in Instrument
Number 91-07185 of Official Records, recorded February 4, 1991, Marin County
Recorder's Office, said land referred to herein is located in the City of San
Rafael, County of Marin, State of California, more particularly described as
follows:
Beginning at the Northwest corner of said land as deeded to Harold Geister and
Aurelia Geister, said corner lying along the easterly right of way line of Grand
Avenue; thence S 15105'46"W 192.09 feet along said easterly right of way line,
said easterly right of way line being coincident to the westerly of said land
deeded to Geister, to the Southwest corner thereof, said Southwest corner lying
along the northerly line of a 100 foot wide right of way for San Rafael Canal;
thence S74°46'36"E 45,20 feet along the southerly line of said land, said southerly
line being coincident to said northerly line of San Rafael Canal, to the Southeast
corner of land thereof; Thence N08°40'53"E 196.09 feet along the easterly line of
said land to the Northeast corner thereof; thence N81 °27'06"W 23.45 feet along
the northerly line of land thereof to the point of beginning,
END OF DESCRIPTION
Basis of Bearing: The easterly line of Grand Avenue which bears N15°05'46"E as
per Record of Survey filed in Book 12 of surveys, at Page 27, Marin County
Records,
The property described herein is shown on the attached plat, Exhibit B, and by
this reference made a part thereof,
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Exhibit C
Michael Geister and Joan Johnson as Co -Trustees
of the Second Amended Geister Trust of 1991
2180 Magnolia Avenue
Petaluma, CA, 94952
NOTICE OF INTENTION
TO ADOPT A RESOLUTION OF NECESSITY
TO ACQUIRE PROPERTY BY EMINENT DOMAIN
. CITY OF SAN RAFAEL
(Grand Avenue Improvement Project)
MAYOR GARY O. PHILLIPS
VICE MAYOR KATE COLIN
!MBER MARIBET}I BUSHEY
LMENIBER JOHN GANI BLIN
CUYUGAN MCCULLOUGH
CITY CLERK
PHONE: 415-485-3066
FAX: 415-485-3133
Re: Notice of Hearing Regarding Adoption of a Resolution of Necessity to Acquire Property
by Eminent Domain [California Code of Civil Procedure section 1245.235].
1. Notice of the Intent of the City of San Rafael to Adopt a Resolution of
Necessity and Hearing. The City Council of the City of San Rafael intends to hold a hearing to
consider whether a Resolution of Necessity should be adopted which, if adopted, will authorize
the City of San Rafael ("City") to acquire the real property described herein by eminent domain
for the Grand Avenue Improvement Project ("Project"). Attached hereto as Exhibit "A" is a
legal description and plat map depicting the property which is required for the Project. You are
being sent this notice as your name appears on the last equalized Marin County assessment roll.
DATE OF HEARING: August 15, 2016
TIME OF HEARING: 7 p.m., or as soon thereafter as the matter may be heard.
PLACE OF HEARING: The regular meeting place of the City Council of the
City of San Rafael, City Council Chambers, City Hall, 1400 Fifth Avenue, San
Rafael, California.
2, Notice of Your Right to Appear and Be Heard. You have a right to appear and
be heard before the City Council at the above scheduled hearing on the following matters and
issues, and to have the City Council give consideration to your testimony prior to deciding
whether or not to adopt the proposed Resolution of Necessity:
a. Whether the public interest and necessity rcquirc the Project;
b. Whether the Project is planned or located in the manner that will be most
compatible with the greatest public good and the least private injury;
1400 FIFTH AVENUE • PO Box 151560 -SAN RAFAEL, CA 94915-1560
N""V. CITYOFSANRAFAEI,.ORG;
C. Whether the interest in property sought to be acquired by eminent domain
is necessary for the Project, and
Whether the offer required by Goverinnent Code section 7267.2 was made
to the owner of record.
The statutes which authorize the City to acquire the property by eminent domain for the
Project include, but are not limited to, Article 1, Section 19 of the Constitution of the State of
California, Sections 37350.5, 40401, 40404 of the Government Code and sections 1810 and
10102 of the Streets and Highway Code, Section 1240.140, and Section 1230.010 et seq. of the
Code of Civil Procedure.
3. Failure to File a Written Request to Be Heard within Fifteen (15) Days After
the Notice Was Mailed Will Result in Waiver of the Right to Appear and Be Heard. If you
desire to be heard, please be advised that you must file a written request with the City Cleric
within fifteen (15) days after this notice was mailed. You must file your request to be heard at:
City Cleric, City of San Rafael City Hall, 1400 Fifth Avenue, P. 0, Box 151560, San Rafael, CA
94915-1560. Should you elect to mail your request to the City Cleric, it must be actually
received by the clerk for filing within fifteen (15) days after this notice was mailed. The date of
mailing appears at the end of this notice,
California Code of Civil Procedure section 1245.235(b)(3) provides that "[f]ailure to file
a written request to appear and be heard within 15 days after the notice was mailed will result in
waiver of the right to appear and be heard" on the, above matters and issues which are the subject
of the hearing.
4. You Will Not Waive the Right to Claim Greater Compensation if You Do
Not Appear at the Hearing. The amount of the compensation to be paid for the interest, if any,
that you may have in the property related to the City's proposed property acquisition is not a
matter or issue being heard by the City Council at this time. Your nonappearance at this noticed
hearing will not prevent you from claiming greater compensation, as determined by a court of
law in accordance with the laws of the State of California. This notice is not intended to
foreclose future negotiations between you and the representatives of the City on the amount of
compensation to be paid for your property.
However, if you elect not to appear and be heard, you will be foreclosed from
raising in a court of law the issues which are the subject of this noticed hearing and which
are concerned with the right to take the property by eminent domain.
If the City Council elects to adopt the Resolution of Necessity, then within six months of
the adoption of the Resolution, the City of San Rafael will commence eminent domain
proceedings in Superior Court. In that proceeding, the Court will determine the amount of
compensation to which you are entitled.
CITY OF SAN RAFAEL
By: -R"--. ,
Esther C. Beirne, City Cleric
Dated and mailed on: ��.
Courtesy Copy:
Daniel Gamer, Esq,
55 Professional Center Parkway 4H
San Rafael, CA 94903
Darryl Browne
3 8 Meadow Drive
Mill Valley, CA 94941
John H, Corcoran, Esq,
24 Professional Center Parkway, Suite 240
San Rafael, CA 94903
Peter Mozaffari
Marin Auto Group
750 Grand Avenue
San Rafael, CA 94901
EXHIBIT "A"
DESCRIPTION
FEE ACQUISITION
APN: 014-132-10
All that land as deeded to Harold Geister and Aurelia Geister in Instrument
Number 91-07185 of Official Records, recorded February 4, 1991, Marin County
Recorder's Office, said land referred to herein is located in the City of San
Rafael, County of Marin, State of California, more particularly described as
follows:
Beginning at the Northwest corner of said land as deeded to Harold Geister and
Aurelia Geister, said corner lying along. the easterly right of way line of Grand
Avenue; thence S15°05'46"W 192.09 feet along said easterly right of way line,
said easterly right of way line being coincident to the westerly of said land
deeded to Geister, to the Southwest corner thereof, said Southwest corner lying
along the northerly line of a 100 foot wide right of way for San Rafael Canal;
thence S74°46'36"E 45,20 feet along the southerly line of said land, said southerly
line being coincident to said northerly line of San Rafael Canal, to the Southeast
corner of land thereof; Thence N08140'53"E 196.09 feet along the easterly line of
said land to the Northeast corner thereof; thence N81 °27'06"W 23.45 feet along
the northerly line of land thereof to the point of beginning.
END OF DESCRIPTION
Basis of Bearing: The easterly line of Grand Avenue which bears N15°05'46"E as
per Record of Survey filed in Book 12 of surveys, at Page 27, Marin County
Records,
The property described herein is shown on the attached plat, Exhibit B, and by
this reference made a part thereof.
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ROUTING SLIP / APPROVAL FORM
INSTRUCTIONS: Use this cover sheet with each submittal of a staff report before approval
by the City Council. Save staff report (including this cover sheet) along
with all related attachments in the Team Drive (T:) --> CITY COUNCIL
AGENDA ITEMS 4 AGENDA ITEM APPROVAL PROCESS 4 [DEPT -
AGENDA TOPIC]
Agenda Item #
Date of Meeting: 8/15/2016
From: Tom Adams
Department: Economic Development
Date: 8/4/2016
Topic: Hearing on Resolution of Necessity to acquire 750 Grand Ave.
Subject: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
ADOPTING A RESOLUTION OF NECESSITY AUTHORIZING THE ACQUISITION OF
PROPERTY BY EMINENT DOMAIN FOR 750 GRAND AVENUE (APN 014-132-10) AS PART OF
THE GRAND AVENUE IMPROVEMENT PROJECT TO INCLUDE THE SECOND AND GRAND
AVENUE INTERSECTION IMPROVEMENTS AND THE GRAND AVENUE BICYCLE AND
PEDESTRIAN BRIDGE
Type: ® Resolution ❑ Ordinance
❑ Professional Services Agreement ® Other: Staff Report
APPROVALS
® Finance Director
Remarks: MM - approved 8/8
® City Attorney
Remarks: LG -Approved 8/8/16 with recommended changes.
® Author, review and accept City Attorney / Finance changes
Remarks: changes accepted, item now final.
M City Manager
Remarks:
FOR CITY CLERK ONLY
File No.:
Council Meeting:
Disposition:
