To: Board of Directors, Sonoma Valley County Sanitation District
Department or Agency Name(s): Sonoma County Water Agency
Staff Name and Phone Number: Kevin Campbell 547-1921
Vote Requirement: 2/3rd
Supervisorial District(s): First
Title:
Title
8:30 A.M. - Sonoma Valley County Sanitation District Sewer Trunk Main Replacement Project Phase 4C - Acquisition of Property Rights and Resolution of Necessity
End
Recommended Action:
Recommended action
A) Authorize General Manager to execute Agreements for Purchase and Sale of Property Rights and to accept easements and license agreements with property owners for the Sonoma Valley County Sanitation District Sewer Trunk Main Replacement Project Phase 4C in substantially the form provided to the Board. (First District) (2/3rd Vote Required)
B) Determine that the acquisition of real property for the Sonoma Valley County Sanitation District Sewer Trunk Main Replacement Project Phase 4C (Project) is necessary for public purposes that the Sonoma Valley County Sanitation District (District) serves. (First District)
C) Adopt Resolutions authorizing acquisition of real property rights as required for the Project, encumbering real property situated in the County of Sonoma, California identified as follows: Maryann C. Walsh, Trustee of the Maryann C. Walsh Survivor’s Trust of the John R. Walsh and Maryann C. Walsh 2002 Revocable Trust, under Agreement dated May 31, 2002, Assessor’s Parcel Numbers 056-531-006 and 056-611-009; Michael D. Gomez and Jamie H. Gomez, co trustees of the Michael D. Gomez and Jamie H. Gomez Family Trust dated February 18, 1999, Assessor’s Parcel Number 056-531-005; Peter Kwong and Mary Seybert-Kwong, Assessor’s Parcel Number 056-531-002; Audra Puccini, Successor Trustee of the Gayle L. Puccini-Morris Living Trust dated May 14, 1998, Assessor’s Parcel Number 056-531-001; Richard E. Neff and Karen A. Neff, Assessor’s Parcel Number 056-581-036 and 056-481-037; Robert E. Smith, Trustee of the Robert E. Smith Trust dated Feb 4, 2004 (Living Revocable Trust), Assessor’s Parcel Number 056-481-003; Ezekial Neely and Catherine J. Markham, Assessor’s Parcel Number 056-481-022; Donald Vincent Orsow, Trustee of the Don Orsow Trust Dated June 18, 2009, Assessor’s Parcel Number 056-433-048; Luciano Tristan and Julia Harkins, Assessor’s Parcel Number 056-433-063; Nico Saldana and Sandra Miranda Saldana, Assessor’s Parcel Number 056-433-061; Phillip C. Hall and Lorna N. Hall, Assessor’s Parcel Number 056-433-062; and Emmet Michael Hegerhorst, Jr., trustee, Emmet Michael Hegerhorst, Jr. 1990 Trust dated December 6, 1990, Assessor’s Parcel Number 056-433-039 for public purposes for construction of the Project. (First District) (2/3rd Vote Required)
D) Authorize and direct County Counsel and the General Manager to take all necessary steps to obtain said real property rights in connection with the construction, maintenance, and continued operation of the Project, including such steps which may be required to acquire the real property interests necessary for the Project through the exercise of eminent domain. (First District) (2/3rd Vote Required)
E) Authorize Auditor and Treasurer to issue and honor warrants for payment of acquisition prices under the agreements, in amounts no greater than the just compensation amounts set forth in this agenda item.
end
Executive Summary:
This item would authorize the actions necessary to acquire property rights from twelve owners to construct the Sonoma Valley County Sanitation District’s (District) Sewer Trunk Main Replacement Project Phase 4C (Project).
District staff requests that the Board of Directors authorize the General Manager to execute Agreements for Purchase and Sale of Property Rights and to accept easements and license agreements with property owners for the Project in substantially the form provided to the Board.
Should the District be unable to reach agreement with a property owner, this item will also allow the District to proceed with acquiring property rights needed for the Project under eminent domain.
Discussion:
The Sonoma County Water Agency (Sonoma Water) manages and operates eight sanitation districts and zones in Sonoma County under contract, including the District.
The District’s wastewater collection system includes approximately 188 miles of gravity flow pipelines. The sewer trunk main of the collection system is 10 miles in length, beginning in the Town of Glen Ellen and ending at the District’s wastewater treatment plant on 8th Street East, south of the City of Sonoma in unincorporated Sonoma County.
The District’s wastewater treatment plant and collection system operations are regulated and permitted by the San Francisco Bay Regional Water Quality Control Board (Regional Board). Currently the District operates under the Waste Discharge Requirements adopted in Regional Board Order (Order) Number R2-2014-0020 and National Pollutant Discharge Elimination System Permit Number CA0037800, dated May 14, 2014. In addition, the collection system is subject to State Water Resources Control Board (State Board) Order Number 2006-003-DWQ, Statewide General Waste Discharge Requirements for Sanitary Sewer Systems Sanitary Sewer Water Quality Order Number 2006-0003, and State Board Order Number WQ 2013-0058-EXEC (Amending Monitoring and Reporting Program for Statewide General Waste Discharge Requirements for Sanitary Sewer Systems).
In April 1999, the Regional Board issued a Notice of Violation to the District in response to wet-weather overflows from the collection system. Accordingly, the District began the collection system replacement project. This ongoing effort consists of replacing or repairing approximately 26 miles of the collection system.
As a result of threatened or continued discharge violations of the District’s operating Order, the Regional Board adopted Cease and Desist Order Number R2-2015-0032 (Cease and Desist Order) on June 10, 2015. The Regional Board provided a schedule to allow the District time to remedy the problem of discharging violations and to develop a phased project to bring the District into compliance with the Cease and Desist Order. The time schedule requires the District to complete a capital improvement phased project and achieve full compliance with all applicable Waste Discharge Requirements by October 31, 2022.
Project Location
The Project is located in areas within unincorporated Sonoma County in the southern portion of Sonoma Valley and areas within the unincorporated towns of El Verano and Boyes Hot Springs. The Project is within the District’s service area boundary, west of State Route 12 (Highway 12) and south of Orchard Avenue. The Project would be located within new easements within private properties, a portion of a private street, and public streets in the unincorporated public right-of-way.
Community Meeting
On September 6, 2017, Sonoma Water staff conducted a community meeting at Sonoma Charter Elementary School in the City of Sonoma. The purpose of the meeting was to inform the public of the purpose of and need for the Project, and discuss a proposed project description, public review process, and California Environmental Quality Act process.
California Environmental Quality Act Document
Sonoma Water staff, on behalf of the District, as a lead agency under CEQA, prepared an Initial Study and Mitigated Negative Declaration of Environmental Impact (Initial Study) for the Project pursuant to the requirements of the CEQA {California Public Resources Code sections 21000 et seq.), the State CEQA Guidelines (Code of Regulations, Title 14, Division 6, Chapter 3), and Sonoma Water's Procedures for the Implementation of CEQA. The Initial Study discloses potential environmental impacts of implementing the Project; identifies the means to avoid or reduce potential significant adverse impacts on the environment; and concludes the construction, operation, and maintenance of the Project would not have a significant adverse effect on the environment.
The Notice of Completion, and Notice of Availability and Notice of Intent to Adopt the Initial Study (Notice of Availability) were filed with the California Governor's Office of Planning and Research's State Clearinghouse and the Sonoma County Clerk's office. The Initial Study was released on December 7, 2018, for a 31-day review period ending January 7, 2019. The Notice of Availability was sent to responsible and trustee agencies, individuals, and to 3,772 property owners within a half-mile radius adjacent to the Project area. The Notice of Availability was also published in the Press Democrat on December 9, 2018 and the Sonoma Index Tribune on December 11, 2018, and posted on Sonoma Water's website on December 7, 2018. Copies of the Initial Study were available for review at Sonoma Water's administrative office and the Sonoma Valley Regional Library in the Project area, and an electronic version of the document was made available on Sonoma Water's website. The Notice of Completion was mailed, along with 15 copies of the Summary Form for Electronic Document Submittal, and 15 electronic copies of the Initial Study, to the State Clearinghouse. During this review period, the District received two comments, via letter and email, in response to the Initial Study and were addressed by Sonoma Water staff.
The District submitted a request for Sonoma County General Plan 2020 (General Plan) consistency review to the Sonoma County Permit & Resource Management Department (Permit Sonoma) and to the City of Sonoma Planning Department for the City of Sonoma 2020 General Plan. As neither Department responded within the required 40 day response period, the Project is deemed to be consistent with both General Plans.
Acquisition of Property Rights Required for the Project
The existing trunk main that has been in service since 1959 traverses multiple private properties in an existing easement. In order to construct the replacement trunk main as part of the current Project, the District must obtain new property rights to facilitate access, construction, operation, and maintenance of the Project on and through those same privately owned properties. These rights include permanent access easements and temporary construction agreements for the period of constructing the Project. The District requires property rights from twelve property owners. The District must acquire permanent sewer easements from seven of the property owners and temporary construction easements from all twelve of the property owners. The District has received one signed temporary construction easement from one of the property owners. This item allows the District to execute the agreements with the owners that the District has come to an agreement with, and to use eminent domain to acquire real property rights from the remaining property owners. Should the owners agree to the approved form and execute the agreements, the delegated authority will allow the General Manager to execute the agreements on behalf of the District which eliminates the need for eminent domain.
District staff appraised the value for just compensation for all of the property rights required for the Project at $254,910.
All the subject property owners have been notified of their rights, under the California Code of Civil Procedure, to have the District pay for an independent appraisal of the value of the rights sought by the District. To date, staff has not received a request from any property owner for the District to pay for an independent appraisal.
As previously stated, construction of the Project requires real property rights from twelve property owners. Upon completion of the Project, any superseded easements retained by the District shall be vacated where applicable or requested by the property owner. The following property rights are needed to construct the project:
1. From Maryann C. Walsh, Trustee of the Maryann C. Walsh Survivor’s Trust of the John R. Walsh and Maryann C. Walsh 2002 Revocable Trust, under Agreement dated May 31, 2002, an approximately 160-foot long permanent sewer easement, 15 feet wide, containing 2,609 square feet and a temporary construction easement approximately 300 feet long, 10 feet wide, containing 3,305 square feet. The permanent easement and temporary construction easement to be acquired are part of a larger parcel (Assessor’s Parcel Numbers 056-531-006 and 056-611-009) totaling 6.89-acres. Just compensation for this acquisition is $9,700. This property is not subject to a deed of trust.
2. From Michael D. Gomez and Jamie H. Gomez, co trustees of the Michael D. Gomez and Jamie H. Gomez Family Trust dated February 18, 1999, a permanent sewer easement approximately 200 feet long, 15 feet wide, containing 3,585 square feet and a temporary construction easement consisting of three areas totaling approximately 160 feet long, 10 feet wide. The combined temporary construction easement areas contain 1,896 square feet. The permanent easement and temporary construction easement to be acquired are part of a larger parcel (Assessor’s Parcel Number 056-531-005) totaling 56,192 square feet (1.29-acres). Just compensation for this acquisition is $93,800. This property is not subject to a deed of trust.
3. From Peter Kwong and Mary Seybert-Kwong, husband and wife as community property with right of survivorship, a permanent sewer easement approximately 84 feet long, 15-feet wide, containing 1,411 square feet and an irregularly shaped temporary construction easement consisting of two areas. The combined temporary construction easement areas contain 709 square feet. The permanent sewer easement and temporary construction easement to be acquired are part of a larger parcel (Assessor’s Parcel Number 056-531-002) totaling 26,572 square feet (0.61-acres). Just compensation for this acquisition is $19,500. This property is subject to a deed of trust with Guaranteed Rate, Inc.
4. From Audra Puccini, Successor Trustee of the Gayle L. Puccini-Morris Living Trust dated May 14, 1998, a permanent sewer easement approximately 82 feet long, 15 feet wide, containing 1,560 square feet and a temporary construction easement, approximately 60 feet long, 10 feet wide, containing 598 square feet. The permanent sewer easement and temporary construction easement are part of a larger parcel (Assessor’s Parcel Number 056-531-001) totaling 26,572 square feet (0.61-acres). Just compensation for this acquisition is $16,300. This property is not subject to a deed of trust.
5. From Richard E. Neff and Karen A. Neff, husband and wife, as Joint Tenants, a permanent sewer easement, approximately 150 feet long, 15 feet wide, containing 2,316 square feet and a temporary construction easement, irregularly shaped, containing 1,172 square feet. The permanent sewer easement and temporary construction easement to be acquired are part of a larger parcel (Assessor’s Parcel Numbers 056-481-036 and 056-481-037) with a combined total of 34,050 square feet (0.782-acres). Just compensation for this acquisition is $29,000. This property is subject to a deed of trust with Wells Fargo Bank, N.A.
6. From Robert E. Smith, Trustee of the Robert E. Smith Trust dated Feb 4, 2004, a permanent sewer easement approximately 102 feet long, 15 feet wide, containing 1,535 square feet and a temporary construction easement consisting of 4 areas with a total combined area of 2,810 square feet. The permanent sewer easement and temporary construction easement to be acquired are part of a larger parcel (Assessor’s Parcel Number 056-481-003) totaling 52,272 square feet (1.20-acres). Just compensation for this acquisition is $11,800. This property is subject to a deed of trust with Redwood Credit Union.
7. From Ezekial Neeley and Catherine J. Markham, husband and wife, as joint tenants, a permanent sewer easement 95 feet long, 15 feet wide, containing 1,380 square feet and a temporary construction easement consisting of 5 areas with a total combined area of 985 square feet. The permanent sewer easement and temporary construction easement to be acquired are part of a larger parcel (Assessor’s Parcel Number 056-481-022) totaling 8,500 square feet. Just compensation for this acquisition is $69,100. This property is subject to a deed of trust with Well Fargo Bank, N.A.
8. From Nico Saldana and Sandra Miranda Saldana, husband and wife as joint tenants, a permanent sewer easement approximately 60 feet long, 19 feet wide, containing 1,129 square feet and a temporary construction easement approximately 60 feet long, 5 feet wide containing 371 square feet. The permanent sewer easement and temporary construction easement to be acquired are part of a larger parcel (Assessor’s Parcel Number 056-433-061) totaling 8,700 square feet. Just compensation for this acquisition is $530. This property is subject to a deed of trust with Mortgage Electronic Registration Systems, Inc.
9. From Philip C. Hall and Lorna N. Hall, husband and wife, as Joint Tenants, a permanent sewer easement approximately 60 feet long, 19 feet wide, containing 1,111 square feet and a temporary construction easement approximately 60 feet long, 5 feet wide, containing 389 square feet. The permanent sewer easement and temporary construction easement to be acquired are part of a larger parcel (Assessor’s Parcel Number 056-433-062) totaling 8,700 square feet. Just compensation for this acquisition is $540. This property is subject to a deed of trust with Mortgage Electronic Registration Systems, Inc.
10. From Luciano Tristan and Julia Harkins, husband and wife as community property, a permanent sewer easement approximately 60 feet long, 19 feet wide, containing 1,093 square feet and a temporary construction easement approximately 60 feet long, 5 feet wide, containing 407 square feet. The permanent sewer easement and temporary construction easement to be acquired are part of a larger parcel (Assessor’s Parcel Number 056-433-063) totaling 8,700 square feet. Just compensation for this acquisition is $540. This property is subject to a deed of trust with Mortgage Electronic Registration Systems, Inc.
11. From Emmet Michael Hegerhorst Jr., trustee, Emmet Michael Hegerhorst, Jr. 1990 Trust Dated December 6 1990, a temporary construction easement approximately 110 feet long, 14 feet wide, containing 1,558 square feet. The temporary construction easement is part of a larger parcel (Assessor’s Parcel Number 056-433-039) totaling 13,700 square feet. Just compensation for this acquisition is $2,300. This property is not subject to a deed of trust.
12. From Donald Vincent Orsow, Trustee of the Don Orsow Trust Dated June 18, 2009, a temporary construction easement approximately 46 feet long, 14 feet wide, containing 646 square feet. The temporary construction easement to be acquired is part of a larger parcel (Assessor’s Parcel Number 056-433-048) totaling 12,330 square feet. Just compensation for this acquisition is $900. This property is subject to a deed of trust with the Secretary of Housing and Urban Development.
The District has reached agreement with four of the property owners, Richard E. Neff and Karen A. Neff, Audra Puccini, Robert E. Smith, and Emmet Michael Hegerhorst, and have signed agreements from the owners. While it is hoped that the remaining eight properties will also reach agreement, timing related to the Regional Water Quality Control Board Cease and Desist Order makes it necessary to proceed with a Hearing of Necessity.
Based upon the experience of District right-of-way staff while negotiating similar acquisition agreements for the Project, the remaining property owners may wish to alter the provisions of the District’s standard agreements (which are on file with the Clerk). Although such revisions do not result in a material and substantial increase in risk to the District or in the cost to carry out the Project, the time necessary to bring each revised easement agreement back to the Board of Directors for separate approval would make it extremely difficult to construct the Project subject to the Cease and Desist Order. To achieve the timeline outlined by the Cease and Desist Order and meet the 2021 construction schedule, District staff is requesting that the Board delegate authority to the General Manager to negotiate and execute agreements to acquire the necessary property rights, at a price no greater than those set forth above, in the form presented to this Board, or in such other form as approved by County Counsel, and to execute certificates of acceptance and any other documents and take other actions as are necessary to close the transactions.
All property to be acquired, excepting Audra Puccini and Emmet Michael Hegerhorst, which have signed agreements and do not require consent from a lender, are described and shown for reference in a Resolution for each specific property.
The item was budgeted for the Sonoma Valley County Sanitation District Construction Fund for Fiscal Year 2020/2021.
To date, efforts at negotiations with the subject property owners to acquire easement rights necessary for the Project are ongoing. The public interest and necessity require the proposed Project because the Project is necessary to comply with the Regional Board Cease and Desist Order and improve the collection system to eliminate wet weather overflows. Accordingly, it is necessary to obtain the property through the process of eminent domain. Adoption of the Resolution of Necessity enables District staff and County Counsel to proceed with the condemnation process to acquire the necessary property rights to construct the Project. If the Resolution of Necessity is adopted, District staff will continue to negotiate with the Owners. If those negotiations are unsuccessful, the matter would be referred to County Counsel for applicable legal action.
In order to acquire the property by eminent domain, the Board must now hold a hearing and adopt a Resolution of Necessity, which includes making the following findings:
1. A description of the property location and the use for which the property is to be taken.
2. A finding that an offer has been made to the owners of record in accordance with law.
3. A finding that public interest and necessity require the Project.
4. A finding that the Project is planned in a manner which is most compatible with the greatest public good and least private injury.
5. A finding that the property is required for the Project.
Prior Board Actions:
01/29/19: Authorize filing a Notice of Determination for Sewer Trunk Main Replacement Project Phases 4A, 4B & 4C and authorized acquisition of property rights needed for Phase 4B portion of Project
Fiscal Summary
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Expenditures |
FY 20-21 Adopted |
FY21-22 Projected |
FY 22-23 Projected |
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Budgeted Expenses |
$254,910 |
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Additional Appropriation Requested |
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Total Expenditures |
$254,910 |
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Funding Sources |
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General Fund/WA GF |
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State/Federal |
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Fees/Other |
$254,910 |
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Use of Fund Balance |
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Contingencies |
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Total Sources |
$254,910 |
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Narrative Explanation of Fiscal Impacts:
The item was budgeted for the Sonoma Valley County Sanitation District Construction Fund for Fiscal Year 2020/2021.
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Staffing Impacts: |
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Position Title (Payroll Classification) |
Monthly Salary Range (A-I Step) |
Additions (Number) |
Deletions (Number) |
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Narrative Explanation of Staffing Impacts (If Required):
None
Attachments:
Resolutions of Necessity 1-10
Related Items “On File” with the Clerk of the Board:
None