HomeMy WebLinkAboutResolution 2009-172 N.C.S. 10/19/2009Resolution No. 2009-172 N.C.S.
of the City of Petaluma, California
SEEDING AUTH®RIZATI®N FR®1VI STATE TO C®NDUCT
RES®LUTI®N OF NECESSITI' HEARINGS F®R
S®N®1VIA 101-EAST WASHINGT®N STREET INTERCHANGE PR®,IECT
WHEREAS, California Streets and Highway Code section 130 authorizes the State of
California, Department of Transportation, ("Caltrans") and the City of Petaluma to enter into a
contract regarding the acquisition, construction, improvement or maintenance of any State
Route; and,
WHEREAS, the City of Petaluma, by Resolution No. 2009-075 N.C.S., adopted on June
1, 2009, agreed to enter into a "Cooperative Agreement," dated June 3, 2009, with Caltrans, to
acquire real property and real property interests for the East Washington Interchange
Improvements Project ("Project") to alleviate existing traffic-related impacts, which will require
that additional right-of--way be acquired along State Route 101 and the East Washington Street
Interchange to accommodate road widening and the relocation of utilities ("Cooperative
Agreement"); and,
WHEREAS, the Cooperative Agreement establishes the respective responsibilities of the
State and of the City regarding appraisal, acquisition, relocation services and other right of way
activities for the Project, including the City's responsibility to perform all right of way activities,
including all eminent domain activities, if necessary, regarding the acquisition of property to
accommodate the road widening, and relocation of utilities necessary for completion of the
Project; and,
WHEREAS,. the City of Petaluma is vested with the power of eminent domain to acquire
real property by virtue of Article, 1, section 19 of the Constitution of the State of California;
Section 37350.5 of the Government Code of the State of California; and, sections 1240.010 and
1240.110 of the Code of Civil Procedure of the State of California within the jurisdictional limits
of the City for the Project; and,
WHEREAS, timely completion of the Project requires that the City proceed under the
Cooperative Agreement to acquire certain real property for the Project; and,
WHEREAS, the State of California, Department of Transportation is requiring the City
Council of cities acquiring real property for a project relating to a State Highway to pass a
resolution determining that the City Council will hear any resolutions of necessity to acquire real
property for a project relating to a State Highway, if any are necessary; and,
WHEREAS, to proceed with the Project and the acquisition process, and in light of the
Project's schedule, critical deadlines, and pending negotiations for acquisition, it may be
necessary to conduct resolution of necessity hearings.
N®W, THEREF®RE, BE IT RES®L,VED that the City Council of the City of
Petaluma, County of Sonoma, hereby agrees to conduct resolution of necessity hearings, and to
Resolution No. 2009-172 N.C.S. Page 1
adopt or reject the proposed resolutions of necessity, as contemplated by the Cooperative
Agreement, to obtain the real property and real property interests determined to be necessary for
the Project. The City Clerk shall certify the passage and adoption of this resolution and enter it
into the book of original. resolutions.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: 1 hereby certify the foregoing Resolution was introduced and adopted by the ~ ~r ved ' s to
Council of the City of Petaluma at a Regular meeting on the 19°' day of October, f
2009, by the following vote: ~
AYES: Glass, Harris, Healy, Rabbitt, Renee, Mayor Torliatt
NOES: None
ABSEN"r: Vice Mayor Barrett
ABSTAIN: None
ATTEST: ~~1.(~(fL(~,,~/\,/ ~iLL/(,~~
.Deputy City Clerk
ey
Resolution No. 2009-172 N.C.S. Page 2