HomeMy WebLinkAboutReso 14-20 Declaring Necessity to Acquire Easement (PGE)_certifiedANY
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City of Morro Bay
Morro Bay, CA 93442
(805) 772-6205
www.morrobayca.gov
CERTIFICATION
I, Dana Swanson, City Clerk for the City of Morro Bay, hereby certify that
the attached Resolution No. 14-20, adopted by the City Council at its regular
meeting held on February 11, 2020, is a true and correct copy of the original
document.
DATED: February 20, 2020
Dana Swanson, City Clerk
RESOLUTION NO. 14-20
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA,
DECLARING THAT PUBLIC INTEREST AND NECESSITY REQUIRE ACQUISITION OF A
PERMANENT EASEMENT INTEREST IN A PORTION OF THE PROPERTY KNOWN AS
ASSESSOR'S PARCEL NO. 066-331-036
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, for the public purposes set forth herein, the City of Morro Bay, California is
authorized to acquire property through the exercise of eminent domain pursuant to Section 19 of Article
1 of the California Constitution, Section 1230.010 et seq. of the California Code of Civil Procedure, and
Sections 37350, 37350.5 and 40404 of the California Government Code; and
WHEREAS, "Project" for the purposes of this acquisition consists of upgrading the City's
wastewater treatment and water supply infrastructure, including construction of a new water
reclamation facility ("WRF"), new pipelines, and pump stations, conveyance of wastewater to the new
WRF and treated recycled water to new wells for groundwater injection/replenishment and potable
reuse, and the decommissioning of the existing wastewater treatment plant ("WV TP") (collectively, the
'Project"); and
WHEREAS, in order to carry out and make effective the principal purpose of the Project, it is
necessary for the City to acquire a permanent easement interest (the "Easement Interest") in a portion
of certain privately -owned real property located in the City of Morro Bay, County of San Luis Obispo,
California with Assessor's Parcel No. 06&331-036 ("Property"), as more particularly described and
depicted in Exhibits "A" and "B" which are incorporated by this reference; and
WHEREAS, on or about December 2, 2019, the City made a written offerto the record ownerto
acquire the Easement Interest in the Property at an amount that was not less than the appraised fair
market value, in compliance with Government Code Section 7267.2(a), and the owner and the City
have not been able to reach a negotiated agreement regarding the acquisition of the Easement Interest;
and
WHEREAS, on January 24, 2020, a Notice of Intent to Adopt a Resolution of Necessity ("Notice
of Intent," a copy of which is attached hereto as Exhibit "C" and incorporated by this reference) was
mailed to all persons whose names appear on the last equalized County Assessment Roll as having an
ownership interest in the Property, and to the address appearing on said Roll and to other addresses,
which Notice of Intent advised said persons of their right to be heard on the matters referred to therein
on the date and at the time and place stated therein; and
WHEREAS, the hearing set out in said Notice of Intent was held on February 11, 2020, at the
time and place stated therein and all interested parties were given an opportunity to be heard on the
following matters:
(a) Whether the public interest and necessity require the Project;
(b) Whether the Project is planned or located in a manner which is most compatible with the
greatest public good and the least private injury;
01181.0032 629090.7 PKL
(c) Whether the Easement Interest proposed to be acquired is necessary for the Project;
(d) Whether the offer meeting the requirements of Government Code Section 7267.2 has been
given; and
(e) Whether the offer required by Section 7267.2 of the Government Code was made in the form
and substance required by law.
WHEREAS, the staff report to the City Council regarding this matter is incorporated herein by
this reference in its entirety; and, as a result of such hearing,. the City Council has determined that
public health, safety, and welfare require the City to acquire the Easement Interest for the stated
purposes; and
WHEREAS, the City Council, as a result of such hearing, has determined that the public health,
safety, and welfare require the City to acquire the Easement Interest for the stated purposes.
NOW THEREFORE, BE IT RESOLVED, that the City Council hereby does find, determine, and
declare based upon evidence presented to it as follows:
Section 1. The facts and conclusions referenced in this Resolution, and the findings made
by the City Council herein, are supported by substantial evidence contained in the record of this
proceeding, including, but not limited to, the staff report. The staff report, in its entirety, is supportive of
all of the findings made in this Resolution.
Section 2. The Easement Interest consists of a permanent easement interest in the real
property located within the City of Morro Bay, County of San Luis Obispo, State of California,
Assessor's Parcel No. 06&331-036, and more specifically described in Exhibits "A" and "B" hereto.
Section 3. The City Council finds as follows:
(a) The public interest, convenience, and necessity require the Project.
The Project consists of upgrading the City's wastewater treatment and water supply
infrastructureI including construction of a new WRF, new pipelines, and pump stations,
conveyance of wastewater to the new WRF and treated recycled water to new wells for
groundwater injection/replenishment and potable reuse, and the decommissioning of the
existing WVVTP. The existing WWTP was built in 1954 and provides wastewater
treatment services to the City and unincorporated communities within the surrounding
area. The WWTP was built before modern State and Federal water quality standards
and does not meet federal Clean Water Act (CWA) standards for full secondary
treatment. Instead, the WWTP has been operating under a CWA waiver since 1984.
However in 2018, the City received a time schedule order (TSO) from the Central Coast
Regional Water Quality Control Board requiring compliance with full CWA secondary
treatment requirements by February 2023. Failure to be in compliance by the deadline
would result in the City having to pay substantial fines and penalties, in addition to still
needing to eventually bring the WWTP into compliance with current water quality
standards. As a result, the Project is necessary to replace the WWTP, bring the City
into compliance with all State and Federal water quality standards, and provide forwater
reclamation and increased water supply security forthe City and surrounding community
in light of climate change and water scarcity.
01181.0032 629090.7 PKL
(b) The Project is planned and located in a manner which is most compatible with the greatest
public good and the least private injury.
The WRF itself will be located away from coastal hazard threats at a more inland and
higher elevation to decrease chances of significant adverse impacts on coastal
resources. The proposed location of the Project further minimizes adverse impacts on
public views, public access, and recreation by being built on vacant, agricultural land
further away from the coastline and outside the immediate vicinity of existing
commercial and residential uses. Other potential locations for the Project are technically
infeasible, provided poor hydraulics and constructability, or increased adverse
environmental impacts. Furthermore, the location of the Easement Interest is on
property already dedicated for public use as a bikepath. Relocating the Easement
Interest would adversely affect more private property not already dedicated to a public
use, would adversely affect sensitive cultural resource areas, and would significantly
increase construction costs and risks.
(c) The taking of the Easement Interest as described above is necessary for the Project.
Without the Easement Interest, water and effluents would not be able to be transported
to and from the new WRF, the pump stations, or wells, and there would be no injection
wells to provide replenishment for groundwater within the area. In other words, without
the Easement Interest, the Project could not be constructed.
(d) The requirement of Government Code Section 7267.2 that a written offer to purchase the
property be made has been met and the offer was made in the form and manner required by law.
A written offer to purchase the Easement Interest, based on an appraisal of the fair
market value of the Easement Interest, was made to the owner of the Easement Interest
on or about December 2, 2019.
Section 4. The acquisition of the Easement Interest is authorized by Section 19 of Article 1
of the California Constitution, Section 1230.010 et seq. of the California Code of Civil Procedure, and
Sections 37350, 37350.5, and 40404 of the California Government Code.
Section 5. As to any portion of the Easement Interest that is currently appropriated for a
public use, the use for which the Easement Interest is sought to be taken is a more necessary public
use, and the City is empowered to take such Easement Interest for a more necessary public use
pursuant to Code of Civil Procedure Section 1240,610. Specifically, the Easement Interest is a more
necessary public use than the existing public use as a bikepath easement, since the Project cannot be
constructed without the Easement Interest being located at the proposed location. Moreover, the
proposed Easement Interest for the pipelines, which will be underground, is not anticipated to
substantially interfere with or adversely affect the public use of the existing bikepath, and the two public
uses may coexist on the Property.
Section 6. The environmental impacts and effects of the Project were fully addressed and all
obligations imposed by the California Environmental Quality Act have been complied with for the
Project.
Section 7, The City hereby declares its intent to acquire the Easement Interest in the City's
name in accordance with the provisions of the law of the State of California and finds that all conditions,
statutory requirements and prerequisites to the exercise of the power of eminent domain to acquire the
01181.0032 629090.7 PKL __
Easement Interest described herein have been complied with by the City.
Section 8. The City Council authorizes the City Manager and the City Attorney to execute
such documents as may be necessary to implement the acquisition of the Easement Interest and to
direct the law firm of Aleshire & Wynder, LLP to commence proceedings in a court of competent
jurisdiction, as may be necessary, to acquire the Easement Interest by eminent domain, including the
filing of an application for an Order for Possession prior to Judgment, if necessary, in accordance with
the provisions of the California Eminent Domain Law and the Constitution of California.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting
thereof held on this 11t" day of February 2020, by the following vote:
AYES: Headding, Addis, Davis, McPherson
NOES: Heller
ABSENT: None
ATTEST:
410�--
ANA SWANSON, City Clerk
0l I81.0032 629090.7 PKL
Exhibit A
Exhibit A
City of Morro Bay WRF Offsite Pipeline Project
PG&E - APN 066-331-036
August 2019
Page 1 of 2 Pages
That portion of Lot 2, Lot Line Adjustment 01-97, Case MBAL 97-239, in the City of Morro Bay, County of San Luis
Obispo, State of California, as described in the Certificate of Compliance recorded February 26,1998 as Document
Number 1998-010270 of Official Records of said County, and as shown on the map filed in Book 77, Page 26 of
Record of Surveys in the office of the County Recorder of said County, described as follows:
Beginning at the northeast corner of said Lot 2, being the beginning of a curve to the left, concave northeasterly,
the radial center of which bears N62°51'50"E, a distance of 4080.00 feet,
Thence 15f, along the easterly line of said Lot 2, and along said curve, through a central angle of 02°07'S1",
an arc distance 151.74 feet to an angle point in said easterly line;
Thence 2"d, continuing along said easterly line, S27°12'08"E, a distance of 628.32 feet to an angle point
therein;
Thence 3'd, continuing along said easterly line, S44°10'05"E, a distance of 44.29 feet to an angle point
therein,
Thence 4�h, continuing along said easterly line, S17°19'03"E, a distance of 136.90 feet to an angle point
therein;
Thence 5th, continuing along said easterly line, S45°31'03"E, a distance of 208.26 feet to the southeasterly
corner of said Lot 2;
Thence 6`h, along the southerly line of said Lot 2, N82°25'S6"W, a distance of 51.98 feet to an angle point
therein;
Thence 7'h, continuing along said southerly line, N80°32'04"W, a distance of 49.03 feet to an angle point
therein;
Thence 8`h, continuing along said southerly line, N720441421fW, a distance of 23.27 feet, more or less, to a
line parallel with, and lying 70.00 feet westerly of, said easterly line of Lot 2;
Thence 9th, leaving said southerly line, and along said parallel line, N45°31'03"W, a distance of 123.44
feet;
Thence 1011, continuing along said parallel line, N17°19'03"W, a distance of 137.77 feet;
Thencellth, continuing along said parallel line, N44°10'05"W, a distance of 38.02 feet;
Thence 12th, continuing along said parallel line, N27°12'08"W, a distance of 637.50 feet to the beginning
of anon -tangent curve to the right, concave northeasterly, the radial center of which bears N60°45'02"E,
a distance of 4150.00 feet;
Thence 13th, continuing along said parallel line, and along last said curve, through a central angle of
02°45'02", an arc distance of 195.72 feet, more or less, to the northerly line of said Lot 2;
Thence 141h, along said northerly line, 585°42'10"E, a distance of 81.78 feet to the Point of Beginning.
Job
No.
0117-01961
0117-01961
PGE Strip.docx
""" GUIDA
:■■■■m SURVEYING INC.
Exhibit A
City of Morro Bay WRF Offsite Pipeline Project
PG&E - APN 066-331-036
August 2019
Page 2 of 2 Pages
Containing 1.85 acres, more or less.
This description has been prepared by me, or under my direction, in conformance with the Professional Land
Surveyors Act.
Justin P. Height, PLS 6167
Job
No.
0117-01961
0117-01961
PGE Strip.docx
Date
""" GUIDA
:.■■■m SURVEYING INC.
Exhibit B
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January 24, 2020
CITY OF MORRO BAY
CITY HALL
595 Harbor Street
Morro Bay, CA 98442
VIA REGULAR AND CERTIFIED MAIL RETURN RECEIPT REQUESTED
Pacific Gas &Electric Company
245 Market St.
San Francisco, CA 94120
Pacific Gas &Electric Co.
P. O. Box 7054
San Francisco, CA 94120
Re: APN: 066-331-036 (City of Morro Bay)
Property: Morro Bay Water Reclamation Facility Project
Subject: Notice of Intent to Adopt Resolution of Necessity
Dear Property Owner:
On December 2, 2019, the City of Morro Bay (the "City") made an offer to purchase an
easement on the property identified as Assessor's Parcel No. 066-331-036 , in the City of Morro
Bay, California. The City reiterates its previous offer to purchase the easement for $113,000,
subject to the conditions stated in the offer.
Xou are also hereby notified that the City intends to consider the adoption of a resolution
of necessity authorizing acquisition of an easement in the property by eminent domain. The
City's governing body will consider that resolution at a meeting to be held at the following time
and place.
Date: February 11, 2020
Time: 5:30 p.m.
Location: City of Morro Bay,
California
Veterans
Memorial Hall, 209 Surf Street, Morro Bay,
You have the right to appear at the meeting and be heard on the following issues:
1. Whether the public interest and necessity require the project;
2. Whether the project is planned and located in the manner that will be most
compatible with the greatest public good and the least private injury;
3. Whether the easement in the property sought to be acquired is necessary for the
project;
4. Whether the offer required by Section 7267.2 of the Government Code has been
made to the owners(s) of record; and
01181.0032/6156G1.1 www.morrobayca.gov � (805) 772-6201 � www.faceboolc.com/CityofMorroBay
January 24, 2020
Page 2
5. Whether the offer required by Section 7267.2 of the Government Code was made
in the form and substance required by law.
NOTICE: If you fail to We a written request to be heard at the hearing within 15
days after the date of this letter, then the City may decide not to hear or consider any evidence
which you may have to present. Please also be advised that, if you do not appear and present
information to the City at the hearing, then you may be precluded fiom later challenging the
City's authority to acquire an easement in the property through its use of the power of eminent
domain.
Neither• the pendency of the City's consideration of the resolution of necessity, nor the
initiation of formal eminent domain proceedings, in any way prevents further negotiations from
occurring for the acquisition of an.easement in the property, and the City will be most willing to
continue such negotiations.
6200.
If you have any comments or questions, please do not hesitate to contact me at (805) 772-
Thank you for your cooperation in this matter.
Veiy huly yours,
Scott Collins
City Manager
cc: Rob Livicic, PE/PLS, Public Worlcs Director (via email)
Christopher Neumeyer, City Attorney (via email)
Ol 181.0032/G 15661.1