HomeMy WebLinkAboutStaff Report 3.C 01/26/2015Agenda Item #3.0
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DATE: January 26, 2015
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Dan St. John, F. ASCE —Director, Public Works and Utilities
Larry Zirmner, P.E. — Deputy Director, Public Works and Utilities
SUBJECT: Adoption (Second Reading) of an Ordinance Authorizing the City Manager to
Sign Two Easements Deeds Transferring Easement Rights from the City of
Petaluma to PG&E Related to the East Washington Interchange Project
RECOMMENDATION
It is recommended that the City Council adopt the attached Ordinance Authorizing the City
Manager to Sign Two Easements Deeds Transferring Easement Rights from the City of Petaluma
to PG&E Related to the East Washington Interchange Project.
BACI{GROUND
On January 5, 2015, the City Council unanimously approved, with a vote of 7-0, the first reading
of an ordinance authorizing the City Manager to sign two easement deeds transferring easement
rights from the City of Petaluma to PG&E related to the East Washington Interchange Project.
The recommended action provides for second reading and adoption of the ordinance. The staff
report for the first reading of this item at the January 5, 2015 Council meeting is provided for
further background information.
FINANCIAL IMPACTS
The funding for the project is shared between the City and the Sonoma County Transportation
Authority through a Cooperative Agreement. That agreement requires the City to pay a specific
portion of specific phases of the project up to a total coimnitment of $4 Million. The work
involved in developing the subject ordinance and easement documents is funded out of the
project CIP budget and reimbursed in part through the SCTA agreement. The project is expected
to be completed within the approved budget. The transfer will be done at no cost to PG&E, and
no revenue to the City of Petaluma.
ATTACHMENTS
Ordinance
2. Staff Report from January 5, 2015
® Items listed below are large in volume and are not attached to this report, but may be viewed in the
City Clerk's office.
I Settlement Agreement
ORDINANCE NO. N.C.S.
EFFECTIVE DATE
Attachment 1
Introduced by Seconded by
AN ORDINANCE AUTHORIZING THE TRANSFER OF CITY EASEMENT RIGHTS
LOCATED ON APN 007-350-008 RELATED TO THE EAST WASHINGTON
INTERCHANGE PROJECT TO PACIFIC GAS AND ELECTRIC
WHEREAS, East Washington Interchange Project required the construction of new on and off
ramps to U.S. 101 and the realignment of utility lines; and
WHEREAS, the East Washington Interchange Project required the acquisition of certain
easement rights at APN 007-350-008, owned by Syers Property I, L.P., to construct and maintain
the East Washington Interchange Project; and
WHEREAS, the Final Order of Condemnation —Action in Eminent Domain recorded
September 12, 2012 as hrstrument No. 2012089139, the "Settlement Agreement and General
Release of All Claims" between the City of Petaluma and Syers Property, I. L.P. dated April 30,
2012 ("Settlement Agreement") and the Judgment of Condemnation — Action in Eminent
Domain on file with the Sonoma County Superior Court, Case No. SCV 249701, July 17, 2012,
granted the City three perpetual easements referred to as: 1) Joint (Utility) Trench Easement, 2)
Salutary Sewer and Water Easement, and 3) Overhead Transmission Easement as described in
paragraph 15 of the Settlement Agreement, attached hereto as Exhibit A; and
WHEREAS, Pacific Gas and Electric Company is responsible to construct, reconstruct, install,
inspect, maintain, replace, remove, and use facilities of the type hereinafter specified, together
with a right of way therefore, within the easement area as hereinafter set forth, and also ingress
thereto and egress therefrom, over, and across said lands; and
WHEREAS, the City desires to transfer and PG&E desires to accept the Joint (Utility) Trench
Easement and Overhead Transmission Easement: and
WHEREAS, Section 46 of the City Charter of the City Petaluma requires that actions for the
acquisition, sale, or lease of real property be taken by Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PETALUMA AS FOLLOWS:
Section 1: The City Council approves the transfer of the Joint (Utility) Trench Easement and
Overhead Transmission Easement as defined in paragraph 15 of the Settlement Agreement to
PG&E.
Section 2: The City Manager is authorized and directed to execute documents reasonably
necessary to complete the transfer of the Joint (Utility) Trench Easement and Overhead
Transmission Easement as defined in paragraph 15 of the Settlement Agreement to PG&E.
Section 3: If any section, subsection, sentence, clause, phrase or work of this Ordinance is
for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent
jurisdiction or preempted by State legislation, such decision or legislation shall not affect the
validity of the remaining portions of this Ordinance. The City Council of the City of Petaluma
hereby declares that it would have passed and adopted this Ordinance and each and all provisions
thereof irrespective of the fact that any one or more of said provisions be declared
unconstitutional, unlawful other otherwise invalid.
Section 4: This Ordinance shall become effective thirty (30) days after the date of its
adoption by the Petaluma City Council.
Section 5: The City Clerk is hereby directed to publish or post this Ordinance or a synopsis
for the period and in the manner provided by the City Charter and any other applicable law.
4
Attachment 2
(i)
DATE: January 5, 2015
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Dan St. John, F. ASCE —Director, Public Works and Utilities
Larry Zimmer, P.E., - Deputy Director, Public Works and Utilities
SUBJECT: Introduction (First Reading) of an Ordinance Authorizing the City Manager to
Sign Two Easements Deeds Transferring Easement Rights from the City of
Petaluma to PG&E Related to the East Washington Interchange Project
It is recommended that the City Council introduce the attached Ordinance Authorizing the City
Manager to Sign Two Easements Deeds Transferring Easement Rights from the City of Petaluma
to PG&E Related to the East Washington Interchange Project.
BACKGROUND
This same first reading was introduced at the December 15°i meeting and passed unanimously
(6-0, with one absent). However. because certain recitals were inadvertently omitted thus the
item needs to be reintroduced.
The East Washington Interchange Project, which realigned the on and off ramps, was ajoint
project with the City and Caltrans. The new ramp alignments required property rights
acquisitions to build the new ramps and realign utility lines. The City was required to initiate
condemnation proceedings with Syers Properties (Assessor's Parcel Number 007-350-008), the
owner of a portion of the Plaza Shopping Center property, in order to complete the Caltrans -led
construction project. The Final Order of Condemnation - Action of Eminent Domain (Final
Order) was recorded September 12, 2012. The City and Syers Property agreed to the Settlement
Agreement and General Release of All Claims dated April 30, 2012.
The Final Order transferred all property rights to the City of Petaluma although some of those
rights need to be with Caltrans or PG&E. The two attached easement deeds are specifically to
transfer easement rights within the Syers parcel to PG&E for their maintenance and repair of
their underground and overhead facilities.
The Settlement Agreement describes the City's easement rights in general terns. The previously
attached Easement Deeds were very specific in the easement rights that were being conveyed
from the City to PGE. In order to avoid any discrepancy between the easement rights the City
has received, and the easement rights the City will be conveying, the ordinance has been revised
to authorize the transfer of the City rights under the Settlement Agreement, and the actual
easement deeds will closely trach: the language as set forth in the Settlement Agreement.
FINANCIAL IMPACTS
The funding for the project is shared between the City and the Sonoma County Transportation
Authority through a Cooperative Agreement. That agreement requires the City to pay a specific
portion of specific phases of the project up to a total commitment of $4 Million. The work
involved in developing the subject ordinance and easement documents is funded out of the
project CIP budget and reimbursed in part through the SCTA agreement. The project is expected
to be completed within the approved budget. The transfer will be done at no cost to PG&E, and
no revenue to the City of Petaluma.
ATTACHMENTS
1. Ordinance
2. Staff Report from December 15, 2014
❑X Items listed below are large in volume and are not attached to this report, but may be viewed in the
City Clerk's office.
3. Settlement Agreement