To: Honorable Mayor and Members of City Council
From: Julie Lucido, Public Works Director
Prepared By: Rosa Corona, Assistant Engineer
TITLE:
Title
Acquisition of Real Property Needed for the Big Ranch Road Widening Project (City Project No. ST11PW02)
LABEL
RECOMMENDED ACTION:
Recommendation
Adopt a Resolution of Necessity to authorize commencement of litigation to acquire by eminent domain portions of the property located at 2023 Big Ranch Road (“Morse Property”) that are needed for the Big Ranch Widening Project; to seek an order of possession for the Morse Property (Code of Civil Procedure Section 1245.220); and to determine that the actions authorized by this resolution were adequately analyzed by a previous CEQA action.
Adopt a Resolution of Necessity to authorize commencement of litigation to acquire by eminent domain portions of the property located at 2033 Big Ranch Road (“Imfeld-Shueh Property”) that are needed for the Big Ranch Widening Project; to seek an order of possession for the Imfeld-Shueh Property (Code of Civil Procedure Section 1245.220); and to determine that the actions authorized by this resolution were adequately analyzed by a previous CEQA action.
Adopt a Resolution of Necessity to authorize commencement of litigation to acquire by eminent domain portions of the property located at 2047 Big Ranch Road (“JIL Property”) that are needed for the Big Ranch Widening Project; to seek an order of possession for the JIL Property (Code of Civil Procedure Section 1245.220); and to determine that the actions authorized by this resolution were adequately analyzed by a previous CEQA action.
Body
DISCUSSION:
PROJECT DESCRIPTION
The Big Ranch Road Widening Project (“Project”) consists of widening the west side of the street for a length of approximately 560 feet, installing street improvements, undergrounding existing utilities, and restriping travel lanes.
The proposed Project involves the planned acquisition of approximately 21-feet of right of way across four privately-owned parcels. This additional right of way will accommodate a new sidewalk, curb and gutter providing connectivity between the existing south and north developed segments. Construction of the half street width will also include the installation of storm drainpipes to eliminate the existing roadside ditch and mitigate seasonal stormwater ponding. The proposed Project will provide an aesthetic benefit as existing overhead utilities will be underground, not only adjacent to the four privately owned parcels but continue north up to the south side of the Salvador Creek bridge. Vehicle traffic lanes will be reconfigured maintaining the same single northbound lane but creating two southbound lanes and a combination turn lane (from Trancas Street proceeding north and transitioning into a dedicated left turn pocket to serve Catania Lane). A Class II Bicycle Lane will be striped on the west side of the road, in the southbound direction, providing another valuable bicycle segment.
PURPOSE AND NEED FOR THE PROJECT
The Big Ranch Specific Plan Area (“Area”) is in the northeastern portion of the City, bounded by Big Ranch Road on the east, Jefferson Street to the west, Trancas Street on the south, and Trower Avenue to the north. The Specific Plan for the Area was adopted by City Council Resolution 96-235 dated October 22, 1996. A key objective of the Specific Plan was to ensure that adequate infrastructure is constructed when needed for continued development of the Area. One such infrastructure improvement is widening the segment of Big Ranch Road between Trancas Street and the bridge over Salvador Creek to carry four lanes of vehicular traffic. The segment is approximately 1,050 feet in length.
Development activity along Big Ranch Road has improved the most northerly 490 feet to its ultimate width. The remaining 560 feet provides frontage to four privately-owned parcels along the west side of Big Ranch Road that have not developed since the adoption of the Specific Plan. The four parcels were annexed into the City Limits in 2009.
ACQUISITION OF PROPERTY
To proceed with the Project, the City must acquire certain private property interests from three of the four parcels annexed in 2009. When considering acquiring property interests from private property owners, the City has followed the detailed and strict requirements of California’s eminent domain laws. Through this process, as described in this report, the City has described the public interest and necessity requiring the Project and has identified the property interests that are necessary for this Project. Additionally, the City has carefully designed the Project in a manner that is most compatible with the greatest public good and the least private injury. Once the City identified the private property necessary for the Project, the City appraised the fair market value of those property interests and made offers to the owners of record to compensate those property owners the “just compensation” required under the California Constitution. Just compensation is calculated by the payment of the value of the property interest being acquired, and any damages that may be present to the remainder of the property. In addition to just compensation, owners and/or their tenants, may be entitled to loss of business goodwill damages.
At this stage in the process, the City has appraised the subject property interests and, through the City’s consulting property acquisition agents, made offers of just compensation to the owner or owners of each property for the subject property interests required for the Project. While the City seeks to adopt the subject Resolutions of Necessity to proceed with the Project, City staff will continue to negotiate with the property owners on the amount of just compensation. California’s eminent domain process authorizes a public agency to conduct “Hearings of Necessity” (as described in this report) to acquire the required property interests and proceed with construction of the Project, while the public agency continues to negotiate the amount of compensation required to be paid to the property owner.
Pursuant to Section 1245.235 of the Code of Civil Procedure, notice was given to all persons whose names and addresses appear on the last equalized County Assessment Roll as owner(s) of those property interests needed by the City. The notices consisted of sending by first-class mail on September 28, 2023, a Notice of Intention to Adopt a Resolution of Necessity to Acquire Property by Eminent Domain which notified the subject property owners that a hearing is scheduled for October 17, 2023, at 3:30 p.m., or as soon thereafter as the matter may be heard at City Hall, at which time they may appear to be heard on the matters referred to in the notice. The Notice included a reference to the State law requirement for property owners to submit a written request to appear at the hearing within 15 days of the Notice. As of the date this report was prepared, the City had received no written requests to be heard at the hearing from the affected property owners.
To construct the Project, the City must acquire the following property rights described in the attached Resolutions of Necessity:
• A permanent Right of Way Easement together with two Temporary Construction Easements (TCEs) from the property located at 2023 Big Ranch Road (APN 038-170-008) (the “Morse Property”).
• A permanent Right of Way Easement together with two Temporary Construction Easements (TCEs) from the property located at 2033 Big Ranch Road (APN 038-170-007) (the “Imfeld-Shueh Property”).
• A permanent Right of Way Easement together with two Temporary Construction Easements (TCEs) from the property located at 2047 Big Ranch Road (APN 038-170-006) (the “JIL Development Property”).
FINDINGS:
State law requires the City make certain findings with respect to the adoption of the Resolutions of Necessity. The findings must include the following:
THE PUBLIC INTEREST AND NECESSITY REQUIRE THE PROJECT:
The Project is an integral part of the City’s General Plan because it addresses the General Plan’s objectives such as Complete Streets and connectivity. A key objective of the Big Ranch Specific Plan is to ensure adequate infrastructure is constructed to support development in the plan area. Numerous prior subdivisions (including Brown and Big Ranch Road Subdivisions and Ross, Big Ranch and Sandri Estates) have either directly or indirectly relied upon completion of the Project to mitigate their respective cumulative traffic impacts. The additional right of way will also allow for a new sidewalk and curb and gutter, providing connectivity between the existing south and north developed segments of the roadway. The Project will provide an aesthetic benefit as existing overhead utilities will be underground adjacent to the privately owned parcels. Underground utilities will continue northbound to the south side of the Salvador Creek bridge. Vehicle traffic lanes will be reconfigured to allow for two southbound lanes with a combination turn lane from Trancas Street proceeding north before transitioning into a dedicated left turn pocket to serve Catania Lane. A single northbound lane will be maintained. A Class II Bicycle Lane will be striped on the west side of the road, in the southbound direction, providing another valuable bicycle segment.
Therefore, it is in the public interest and necessity to proceed with the Project.
THE PROPERTY INTERESTS SOUGHT TO BE ACQUIRED ARE NECESSARY FOR THE PROJECT:
The permanent Right of Way Easement across all three privately owned parcels is required to widen the roadway and accommodate two southbound travel lanes, install sidewalk, curb, and gutter and to install a new storm drainage system.
Likewise, the TCEs for all three privately owned parcels are required to conform new improvements (i.e., conform new driveway approaches to existing driveways), to underground existing overhead utilities that serve the individual properties, and to connect new property drain inlets to the new storm drainage system. The TCEs are also necessary to provide adequate access for the contractor to physically construct the permanent improvements. The footprint of the TCEs are intended to be the minimum area needed for the construction with any disturbance restored to pre-project conditions.
MORSE PROPERTY (Single Family Residence)
APN 038-170-008
The real property interests for acquisition consist of permanent right of way and two TCEs in a portion of the subject parcel located at 2023 Big Ranch Road. The parcel contains 1.51 acres with no frontage improvements along Big Ranch Road. The property is improved with a single-family residence along with several miscellaneous structures.
The proposed permanent right of way acquisition contains 4,704 square feet and is immediately adjacent to the public right of way. The 20.78-foot-wide strip is required to widen the roadway and accommodate two southbound travel lanes, install sidewalk, curb, and gutter and to install a new storm drainage system.
One TCE with an area of 2,823 square feet is located across the parcel frontage and contains the property’s driveway and open space. The TCE is necessary to provide adequate access for the contractor to physically construct the permanent improvements necessary to reconfigure the driveway entrance onto Big Ranch Road and to connect the new property drain inlets to the new storm drainage system.
The second TCE with an area of 240 square feet is located on the right side of the single-family residence and contains no structures or improvements. The TCE is necessary to underground existing overhead utilities that serve the single-family residence.
The footprints of the TCEs are intended to be the minimum area needed to facilitate construction. Any disturbance within the TCEs will be restored to pre-project conditions.
IMFELD-SHUEH PROPERTY (Multi Family Residence)
APN 038-170-007
The real property interests for acquisition consist of a permanent right of way and two TCEs in a portion of the subject parcel located at 2033 Big Ranch Road. The one-acre parcel has no frontage improvements along Big Ranch Road. The property is improved with a single-family residence and detached garage.
The proposed permanent right-of-way acquisition contains 2,203 square feet and is immediately adjacent to the public right of way. The 20.78-foot-wide strip is required to widen the roadway and accommodate two southbound travel lanes, install sidewalk, curb, and gutter and to install a new storm drainage system.
One TCE with an area of 1,908 square feet is located across the parcel frontage and contains the property’s driveways and landscape. The TCE is necessary to provide adequate access for the contractor to physically construct the permanent improvements necessary to reconfigure the driveway entrance onto Big Ranch Road and to connect the new property drain inlets to the new storm drainage system.
The second TCE with an area of 575 square feet is located on the right side of the single-family residence and contains landscape and concrete areas. The TCE is necessary to underground existing overhead utilities that serve single-family residence.
The footprints of the TCEs are intended to be the minimum area needed to facilitate construction. Any disturbance within the TCEs will be restored to pre-project conditions.
JIL DEVELOPMENT PROPERTY (Single Family Residence)
APN 038-170-006
The real property interests for acquisition consist of a permanent right of way and two TCEs in a portion of the subject parcel located at 2047 Big Ranch Road. The one-acre parcel has no frontage improvements along Big Ranch Road. The property is improved with a single-family residence and adjoining garage.
The proposed permanent right-of-way acquisition contains 2,203 square feet and is immediately adjacent to the public right of way. The 20.78-foot-wide strip is required to widen the roadway and accommodate two southbound travel lanes, install sidewalk, curb, and gutter and to install a new storm drainage system.
One TCE with an area of 1,908 square feet is located across the parcel frontage and contains the property’s driveways and landscape. The TCE is necessary to provide adequate access for the contractor to physically construct the permanent improvements necessary to reconfigure the driveway entrances onto Big Ranch Road and to connect the new property drain inlets to the new storm drainage system.
The second TCE with an area of 970 square feet is located on the right side of the single-family residence and contains a concrete driveway and landscape. The TCE is necessary to underground existing overhead utilities that serve the single-family residence.
The footprints of the TCEs are intended to be the minimum area needed to facilitate construction. Any disturbance within the TCEs will be restored to pre-project conditions.
THE PROJECT IS PLANNED OR LOCATED IN THE MANNER THAT WILL BE MOST COMPATIBLE WITH THE GREATEST PUBLIC GOOD AND LEAST PRIVATE INJURY:
Big Ranch Road is located on the northeastern side of the city’s limits. The east side of the road is undeveloped, has no frontage improvements, and is outside the City limits in the unincorporated county. The west side of the road has developed throughout the years, except for some areas, including the privately-owned parcels in this report. The privately-owned parcels are located between fully developed areas. The unimproved area along the parcels creates a safety hazard for pedestrians and bicyclists who commute between residential areas on the north and point-of-interest areas on the south. The roadside ditch along the parcels becomes overwhelmed during storms and creates nuisance ponding hazards on the roadway and for the privately-owned parcels.
While private property adjacent to the Project will have some impact, the new, widened roadway will offer improved safety by increasing sight lines of oncoming traffic at the driveways. The new curb, gutter, and drainage system will alleviate seasonal drainage problems by conveying existing stormwater runoff along Big Ranch Road and properties to the existing system. The TCEs are required to conform new improvements to existing private improvements, storm drainpipes, and underground existing overhead utilities. To minimize private injury, the City will limit its use of the property to no more than necessary to complete improvements, and access to the properties will continue uninterrupted through the construction period except during the reconstruction of the driveway aprons.
GOVERNMENT CODE SECTION 7267.2 OFFER:
The City has made an offer of just compensation to each owner of record for the rights required for this Project, in accordance with Government Code section 7267.2. Each offer was based on an appraisal of the fair market value of the property rights being acquired. In each case, efforts were made to acquire each required property or property right through negotiated purchase and sale instead of condemnation. Attempts to negotiate a settlement involved meetings with, and calls and emails to the property owners.
PROCESS
To proceed with these property acquisitions through the eminent domain process, a public hearing will be opened to provide an opportunity for members of the public to address the City Council; but, more importantly, the hearing will provide an opportunity for each affected property owner, or their representatives, to provide their comments to Council regarding the matters included in each Resolution of Necessity (attached to this report).
It will be important to keep in mind that the purpose of the hearing, and the recommended action (to approve each Resolution of Necessity) is to consider the necessity to acquire the identified interests in property for the Project, based on the criteria summarized in this report. The ultimate amount of just compensation to be paid by the City, in accordance with requirements of eminent domain law, is beyond the scope of Council’s action to approve the Resolution of Necessity. It will be the City’s goal to continue to negotiate an amount of compensation that is consistent with the requirements of law and mutually agreeable to both parties; however, if an agreement is not reached, the City and property owner(s) will have the amount of just compensation determined by a judicial process in the Napa County Superior Court.
Following approval of the Resolutions of Necessity by a two-thirds vote of the City Council, the City Attorney will be authorized to deposit the probable amount of just compensation with the State Treasury, and file an action in the Napa County Superior Court to obtain an order for prejudgment possession of the property interest sought by the City.
FINANCIAL IMPACTS:
Street Improvement Fee (SIF) funds previously collected from private developers for the purposes of constructing transportation projects identified in the City’s General Plan are the primary source of funds for this Project. The recommended action will have no financial impact on the General Fund. Sufficient funds remain within the existing appropriation, and no additional appropriations are being sought at this time.
CEQA:
The potential environmental effects of the Recommended Action(s) described in this Agenda Report were fully examined as part of Resolution R2017-073, dated June 6, 2017, wherein the City Council adopted the Preliminary Design and Mitigated Negative Declaration and Mitigation Monitoring Reporting Program in conjunction with the Big Ranch Road Widening Project.
DOCUMENTS ATTACHED:
ATCH 1 - Graphic Depiction of Project
ATCH 2 - Resolution of Necessity for Morse Property
EXS A - E for Attachment 2
ATCH 3 - Resolution of Necessity for Imfeld-Shueh Property
EXS A - E for Attachment 3
ATCH 4 - Resolution of Necessity for JIL Development Property
EXS A - E for Attachment 4
NOTIFICATION:
Notices of Intention to Adopt a Resolution of Necessity to Acquire Property by Eminent Domain were mailed to all the subject property owners on September 28, 2023.