HomeMy WebLinkAboutOrdinance 2490 N.C.S. 04/21/20141
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EFFECTIVE DATE ORDINANCE NO. 2490 N.C.S.
OF ORDINANCE
May 23, 2014
Introduced by Seconded by
Mike Healy Teresa Barrett
AN ORDINANCE APPROVING AN AGREEMENT WITH THE SONOMA MARIN AREA
RAIL TRANSIT DISTRICT (SMART) FOR THE CONVEYANCE OF REAL PROPERTY
LOCATED AT HAYSTACK LANDING (APN: 005-060-062), CONSTRUCTION OF
UNDERCROSSING IMPROVEMENTS AND RESERVATION AND GRANT
OF EASEMENTS FOR A PLANNED PEDESTRIAN AND BICYCLE TRAIL (SMART)
WHEREAS, the Sonoma Marin Area Rail Transit District (SMART) requires the acquisition of a
portion of City -owned property referred to as the Haystack Landing property as identified in the
attached agreement to install railroad track bridge and related improvements in order for
SMART to operate passenger rail service in Sonoma and Marin Counties; and,
WHEREAS, the City of Petaluma recognizes the importance of regional passenger rail
service to Petaluma and Sonoma and Marin Counties, and desires to cooperate with SMART to
facilitate said rail service; and,
WHEREAS, it is desirable as part of construction of SMART's railroad track bridge and
related improvements to have constructed a concrete undercrossing structure and related
improvements ("Undercrossing Improvements") in the new railroad embankment to
accommodate the future City River Trail alignment in the area of SMART's project within the
Haystack Landing property in accordance with the terms of the attached agreement for a
future pedestrian and bicycle trail identified in the Petaluma General Plan as the River Trail; and,
WHEREAS, it is desirable in consideration of the conveyance of part of the City -owned
Haystack Landing property to reserve from such conveyance a 20 -foot wide public access
easement and a temporary construction access easement of sufficient size necessary for future
River Trail pathway construction, at no additional charge to the City, to accommodate
construction and operation of the undercrossing and associated future pathway segments,
Ordinance No. 2490 N.C.S.
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including a future pedestrian and bicycle bridge with approach(s), and/or abutment(s) on the
Haystack Landing property, in accordance with the Petaluma General Plan; and,
WHEREAS, it is desirable in consideration of the conveyance of part of the City -owned
Haystack Landing property for the City to obtain from SMART a 20 -foot wide public access
easement and a temporary construction access easement of sufficient size necessary for future
River Trail pathway construction, across SMART -owned property adjacent to the Haystack
Landing property, at no additional charge to the City, to accommodate construction and
operation of the undercrossing and associated future pathway segments, including a future
pedestrian and bicycle bridge, in accordance with the Petaluma General Plan; and,
WHEREAS, the City of Petaluma has not identified existing or foreseeable uses for the
Haystack Landing property other than the proposed River Trail public bicycle and pedestrian
facilities, and conveyance of part of the Haystack Landing property for installation of railroad
track bridge and related improvements for SMART operation of passenger rail service in Sonoma
and Marin Counties and construction of undercrossing improvements and establishment of
easements for the planned River Trail conflict with no City plans for the Haystack Landing
property and are consistent with the Petaluma General Plan; and,
WHEREAS, Section 46 of the Petaluma City Charter requires that actions providing for
expenditures of $3,000 or more for acquisition or sale of real property be taken by ordinance,
except where action is taken pursuant to general state law; and,
WHEREAS, on July 19, 2006, the SMART Board certified a Final Environmental Impact
Report ("FEIR") pursuant to the California Environmental Quality Act ("CEQA") for SMART's
passenger rail project, including replacement of numerous bridges, including the Haystack
Landing Bridge over the Petaluma River; and,
WHEREAS, on February 19, 2014, by Resolution No. 2014-01, the SMART Board adopted an
Addendum to the FEIR addressing potential environmental impacts of proposed modifications to
the Haystack Landing Bridge Replacement project, which modifications include the
Undercrossing Improvements for the future River Trail pedestrian and bicycle pathway, and the
SMART Board found that the bridge replacement project modifications will not result in any new
significant environmental effects or a substantial increase in the severity of the effects examined
in the FEIR and the 2008 Supplemental EIR.
Ordinance No. 2490 N.C.S.
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS:
1. The City Council hereby introduces this ordinance authorizing the City Manager to
execute an agreement with the Sonoma Marin Area Rail Transit District (SMART) for
the conveyance of real property located at Haystack Landing (APN: 005-060-062),
construction of undercrossing improvements and reservation and grant of easements
for a planned pedestrian and bicycle trail.
2. The City Manager is hereby authorized and directed to sign an agreement with the
Sonoma Marin Area Rail Transit District (SMART) for the conveyance of real property
located at Haystack Landing (APN: 005-060-062), construction of undercrossing
improvements and reservation and grant of easements for planned pedestrian and
bicycle substantially in the form attached to and made a part of this ordinance as
Attachment A.
3. The signed agreement shall be recorded with the Sonoma County Recorder's Office
within 30 days after signature by all parties.
INTRODUCED and ordered posted this 7th day of April, 2014.
ADOPTED this 2151 day of April, 2014 by the following vote:
Ayes:
Albertson, Barrett, Mayor Glass, Harris, Healy, Vice Mayor Kearney, Miller
Noes:
None
Abstain:
None
Absent:
None
ATTEST:
yjq�
Claire Cooper, CMC, City Clerk
PO 0"Zz
David Glass, Mayor
APPROVED AS TO FORM:
Eric W. Danly, City,,9.ttorney
V
Ordinance No. 2490 N.C.S.
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