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 Trower Avenue Widening Project (City Project No. ST14PW05)
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 2415 Trower Avenue (“Wolfson Property”) that are needed for the Trower Avenue Widening Project; to seek an order of possession for the Wolfson 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 2427 Trower Avenue (“Gundling Property”) that are needed for the Trower Avenue Widening Project; to seek an order of possession for the Gundling 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 2433 Trower Avenue (“Gundling Property”) that are needed for the Trower Avenue Widening Project; to seek an order of possession for the Gundling 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 2437 Trower Avenue (“Marof Property”) that are needed for the Trower Avenue Widening Project; to seek an order of possession for the Marof 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 Trower Avenue Widening Project (“Project”) consists of widening the southside of Trower Ave for a length of approximately 290 feet, installing street improvements, undergrounding existing utilities, and restriping travel lanes.
The proposed Project involves the planned acquisition of approximately 22 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 east and west developed segments. The proposed Project will provide an aesthetic benefit as existing overhead utilities will be underground. Vehicle traffic lanes will be reconfigured maintaining the same single eastbound, westbound, and two-way turn lane, but street parking and a Class II bicycle lane will be added on the southside.
PURPOSE AND NEED FOR THE PROJECT
The Linda Vista Specific Plan Area No. 3 (“Area”) is in the northwestern portion of the City, bounded by Solano Avenue to the east, Dry Creek Road to the west, Redwood Road on the south, and City Limit/West Salvador Avenue to the north. The Specific Plan for the Area was adopted by City Council Resolution 88-54 dated March 1, 1988. 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 Trower Avenue between Linda Vista Avenue and Dry Creek Road.
Development activity around Trower Avenue has improved the segment to its ultimate street width. The remaining 290 feet provides frontage to four privately-owned parcels along the south side of Trower Avenue that have not developed since the adoption of the Specific Plan.
ACQUISITION OF PROPERTY
To proceed with the Project, the City must acquire certain private property interests. 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 Temporary Construction Easement (TCE) and a fee simple acquisition from a portion of the property located at 2415 Trower Avenue (APN 007-172-023; the “Wolfson Property,” single family residence).
A Temporary Construction Easement (TCE) and a fee simple acquisition from a portion of the property located at 2427 Trower Avenue (APN 007-172-020; the “Gundling Property,” multi family residence).
A Temporary Construction Easement (TCE) and a fee simple acquisition from a portion of the property located at 2433 Trower Avenue (APN 007-172-019; the “Gundling Property,” single family residence).
A Temporary Construction Easement (TCE) and a fee simple acquisition from a portion of the property located at 2437 Trower Avenue (APN 007-172-018; the “Marof Property,” single family residence).
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 its objectives to enhance transportation options and promote mobility through increased connectivity of existing infrastructure. One of the General Plan’s circulation element goals for collector streets such as Trower Avenue is to provide an interconnected pedestrian network providing access between residential areas. It is in the public interest and necessity to provide a “complete streets” facility to ensure that people of all ages and abilities can safely move through the neighborhood and beyond. Likewise, it is in the public interest and necessity to construct new sidewalk, curb, and gutter providing connectivity between the existing east and west developed segments and provide an aesthetic benefit as existing overhead utilities will be underground.
THE PROPERTY INTERESTS SOUGHT TO BE ACQUIRED ARE NECESSARY FOR THE PROJECT:
The permanent Right of Way and Easements for all four privately owned parcels are required to widen the roadway and accommodate the travel, bicycle, and parking lanes and to install sidewalk, curb, and gutter.
The TCEs for all four privately owned parcels are required to conform new improvements (i.e., conform new driveway approaches to existing driveways) and to underground existing overhead utilities that serve the property owners. The TCEs are also necessary to provide adequate access for the contractor to physically construct the permanent improvements. The footprint of each TCE is intended to be the minimum area needed for the construction with any disturbance restored to pre-project conditions.
WOLFSON PROPERTY (Single Family Residence)
APN 007-172-023
The real property interests for acquisition consist of permanent right of way and a TCE in a portion of the subject parcel located at 2415 Trower Avenue. The half-acre parcel has no frontage improvements along Trower Avenue Road. The property is improved with a single-family residence and carport.
The proposed permanent right-of-way acquisition contains 1,650 square feet and is immediately adjacent to the public right of way. The 22-foot-wide strip is required to widen the roadway and accommodate a travel lane, parking, and install sidewalk, curb, and gutter.
The TCE has an area of 525 square feet. The TCE is necessary to provide adequate access for the contractor to physically construct the permanent improvements necessary to reconfigure the driveway entrance onto Trower Avenue and to underground existing overhead utilities that serve the single-family residence.
The footprint of the TCE is intended to be the minimum area needed to facilitate construction. Any disturbance within the TCE will be restored to pre-project conditions.
GUNDLING PROPERTY (Multi Family Residence)
APN 007-172-020
The real property interests for acquisition consist of permanent right of way and a TCE in a portion of the subject parcel located at 2427 Trower Avenue. The 0.54-acre parcel has no frontage improvements along Trower Avenue Road. The property is improved with a multi-family residence.
The proposed permanent right-of-way acquisition contains 1,650 square feet and is immediately adjacent to the public right of way. The 22-foot-wide strip is required to widen the roadway and accommodate a travel lane, parking, and install sidewalk, curb, and gutter.
The TCE has an area of 779.50 square feet. The TCE is necessary to provide adequate access for the contractor to physically construct the permanent improvements necessary to reconfigure the driveway entrance onto Trower Avenue and to underground existing overhead utilities that serve the multi-family residence.
The footprint of the TCE is intended to be the minimum area needed to facilitate construction. Any disturbance within the TCE will be restored to pre-project conditions.
GUNDLING PROPERTY (Single Family Residence)
APN 007-172-019
The real property interests for acquisition consist of permanent right of way and a TCE in a portion of the subject parcel located at 2433 Trower Avenue. The 0.47-acre parcel has no frontage improvements along Trower Avenue Road. The property is improved with a single-family residence.
The proposed permanent right of way acquisition contains 1,430 square feet and is immediately adjacent to the public right of way. The 22-foot-wide strip is required to widen the roadway and accommodate a travel lane, parking, and install sidewalk, curb, and gutter.
The TCE has an area of 341 square feet. The TCE is necessary to provide adequate access for the contractor to physically construct the permanent improvements necessary to reconfigure the driveway entrance onto Trower Avenue and to underground existing overhead utilities that serve the single-family residence.
The footprint of the TCE is intended to be the minimum area needed to facilitate construction. Any disturbance within the TCE will be restored to pre-project conditions.
MAROF PROPERTY (Single Family Residence)
APN 007-172-018
The real property interests for acquisition consist of permanent right of way and a TCE in a portion of the subject parcel located at 2437 Trower Avenue. The 0.48-acre parcel has no frontage improvements along Trower Avenue Road. The property is improved with a single-family residence.
The proposed permanent right of way acquisition contains 1,635 square feet and is immediately adjacent to the public right of way. The 22-foot-wide strip is required to widen the roadway and accommodate a travel lane, parking, and install sidewalk, curb, and gutter.
The TCE has an area of 462 square feet. The TCE is necessary to provide adequate access for the contractor to physically construct the permanent improvements necessary to reconfigure the driveway entrance onto Trower Avenue and to underground existing overhead utilities that serve the single-family residence.
The footprint of the TCE is intended to be the minimum area needed to facilitate construction. Any disturbance within the TCE 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:
Trower Avenue is located within the Linda Vista Neighborhood and has been developed to its full street width, except along the four privately-owned parcels in this report. The unimproved strip creates a potential safety hazard for pedestrians and bicyclists who commute between the Linda Vista Neighborhood.
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 sidewalk, curb and gutter will provide a fully connected system for both pedestrian and bicycle facilities. The TCEs are required to install the conform to existing private improvements 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 made 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 R2018-021, dated February 20, 2018, wherein the City Council adopted the Preliminary Design and Mitigated Negative Declaration and Mitigation Monitoring Reporting Program in conjunction with the Trower Avenue Widening Project.
DOCUMENTS ATTACHED:
ATCH 1 - Graphic Depiction of Project
ATCH 2 - Resolution of Necessity for Wolfson Property
EXS A - E for Attachment 2
ATCH 3 - Resolution of Necessity for Gundling Property
EXS A - E for Attachment 3
ATCH 4 - Resolution of Necessity for Gundling Property
EXS A - E for Attachment 4
ATCH 5 - Resolution of Necessity for Marof Property
EXS A - E for Attachment 5
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.