City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ken Zuidervaart, Planning Director
Date: 02/11/2025
Subject: Resolution of Necessity - N. Ripon/River Road
RECOMMENDED ACTION:
Staff recommends that the City Council adopt a Resolution of Necessity to authorize the acquisition by eminent domain of a fee interest in a portion of 21800 S. North Ripon Road, Ripon, CA (APN 245-180-23) for the River Road/North Ripon Road Signalization Project.
BACKGROUND:
A. Project Description
The traffic at the intersection of River Road and North Ripon Road is currently controlled by stop signs in all four directions. The City of Ripon is planning to improve the intersection by moving forward with the River Road/North Ripon Road Signalization Improvement Project (the “Project”), which includes installing a traffic signal and necessary transition lanes on River Road and North Ripon Road, as shown in Figure 1.
Figure 1
This Project will provide the following benefits:
Optimize the operations of the intersection to reduce travel delay. Enhance safety of the intersection.
Reduce air quality impacts by coordinating operations with other traffic signals on River Road.
The City of Ripon has acquired the right-of-way on three of the four corners of the intersection of River Road and North Ripon Road necessary to move forward with the Project, most recently by purchasing 39,726 square feet of right-of-way on the north-east corner of the intersection from the Azevedo family on February 14, 2023.
At this time, the City of Ripon has not been able to purchase the right-of-way on the south-east corner of the project. The parcel located on this corner is 19.54 acres and owned by David B.
Hegarty Family LTD PTP. The parcel is mostly developed in agricultural uses (almond orchard) with a single-family home that currently is located approximately 25 to 30 feet from the edge of the existing right-of-way, a detached garage, and an outbuilding. The single-family home will be impacted by the proposed project.
In order to complete the Project, 21,258 square feet of the parcel (“Subject Property”) would need to be acquired along with the single-family home, as shown in Figure 2.
Figure 2
B. Negotiations to Date
The City of Ripon obtained an appraisal of the Subject Property from Cogdill & Associates, Inc.
On January 9, 2024 the City of Ripon sent the property owner a Government Code offer letter (Attachment 1) offering the full amount of that appraisal as just compensation for the proposed acquisition.
Mr. Hegarty indicated that he would obtain his own appraisal. However, to date, the City of Ripon has not received an appraisal prepared for Mr. Hegarty. Therefore, staff recommends that the City Council adopt a Resolution of Necessity to initiate eminent domain proceedings.
DISCUSSION:
Under California law, the City cannot acquire private property via eminent domain unless and/or until the City Council has adopted a Resolution of Necessity by a two-thirds majority vote after holding a public hearing. The statutory requirement is that a public entity adopt a Resolution of Necessity before initiating a condemnation action.
Staff recommends that the City Council adopt a Resolution of Necessity to authorize the acquisition by eminent domain of a fee interest in a portion of 21800 S. North Ripon Road, Ripon, CA (APN 245-180-23) for the Project. Specifically, an approximately 21,528 square foot portion of this parcel comprised of strips of land along River Road and North Ripon Road. The Subject Property is more particularly described and depicted in the attachments labeled Exhibit A and B to the Resolution of Necessity. The Project is necessary to provide operational and enhanced safety benefits at the intersection of River Road and North Ripon Road.
The hearing on the Resolution of Necessity affords the property owner the opportunity to address the City Council on the necessity of acquiring the Subject Property for the Project. However, the amount of compensation the property owner is entitled to receive should not be discussed at the hearing. That does not mean that negotiations for the acquisition of the Subject Property are at an end. If the City Council adopts the Resolution of Necessity, after the hearing, negotiations for the acquisition of the Subject Property may continue.
In order to adopt a Resolution of Necessity, the City Council must make the following findings:
1. The public interest and necessity require the proposed project;
2. The property described in the resolution is necessary for the proposed project;
3. The proposed project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury; and
4. That either the offer required by Section 7267.2 of the Government Code has been made to the owner(s) of record or the offer has not been made because the owner cannot be located with reasonable diligence.
This staff report provides data and information addressing each of these issues below.
1. The Public Interest and Necessity Require the Project First, the City Council must find that the public interest and necessity require the Project.
As an intersection for a Major Arterial (River Road) and Minor Arterial (North Ripon Road) that serves as an important connection in the regional transportation network, staff has determined that the appropriate traffic control measures for such an intersection is a traffic signal. The Project will provide operational and enhanced safety benefits that are in the public’s interest.
2. The Interests Sought to be Acquired are Necessary for the Project Second, the City Council must find that the interests sought to be acquired are necessary for the Project. As previously described, the Subject Property is necessary for the Project. The Project could not be constructed as designed without the acquisition of the Subject Property.
3. The Project is Located in such a Manner as to Offer the Greatest Public Benefit with the Least Private Detriment
Third, the City Council must find that the Project is located in such a manner as to offer the greatest public benefit with the least private detriment. In connection with the Project’s design, staff evaluated various options and determined that the Signalization Project was the preferred option as it provides the same configuration of the next intersection on River Road, west of the Project.
The Project, as currently proposed, offers the greatest public benefit with the least private detriment because, it requires the acquisition of the least possible amount of private property required for the Project.
4. A Government Code Offer Has Been Delivered To the Property Owner Fourth, the City Council must find that the City has extended an offer for the Subject Property pursuant to Government Code section 7267.2 to the property owner. On January 9, 2024, the City of Ripon sent an offer in conformance with Government Code section 7267.2(a) to the property owner (Attachment 1). Since sending the offer, the City has reached out to the property owner to ascertain whether a negotiated purchase is possible. To date, these efforts have been unsuccessful.
On December 19, 2024 and again on January 17, 2025, the City mailed the property owner a Notice of Intent to consider adoption of a Resolution of Necessity to acquire the Property by eminent domain at its regular meeting of February 11, 2025. A copy of the notice provided to the property owner is in Attachment 2.
Statutory Authority for Acquiring the Subject Property through Eminent Domain The City of Ripon is authorized to acquire the Subject Property for the Project pursuant to statutes including, but not limited to, California Constitution, Article 1, Section 19; the California Eminent Domain Law, Code of Civil Procedure Section 1230.010 et seq., including, but not limited to, sections 1240.010 through 1240.050 inclusive, and sections 1240.110, 1240.120, 1240.150, 1240.220, 1240.320, 1240.330, 1240.350, 1240.410, 1240.510, 1240.610, 1240.650, and 1240.660; Government Code section 37350.5; Streets & Highway Code section 10102; and other provisions of law.
Environmental Assessment
The City of Ripon fully complied with the California Environmental Quality Act, Public Resources Code Section 21000 et seq., for acquiring the Subject Property when on August 24, 2023, the City of Ripon determined that the Project is categorically exempt from CEQA pursuant to 14 California Code of Regulation, section 15061(b)(3) (Common Sense Exemption). The City filed the Notice of Exemption in accordance with Public Resources Code section 21152 on September 12, 2023. No further environmental review is required.
Attachments:
1. Hegarty Offer Letter - 1-9-24
2. Cover Letter for Resolution of Necessity - 2nd Notice - 1-17-25
3. Hegarty Exhibit A
4. Hegarty Exhibit B
5. Notice of Hearing on Resolution of Necessity
RESOLUTION NO. 25-8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIPON DIRECTING THAT AN ACTION IN EMINENT
DOMAIN BE INSTITUTED FOR THE ACQUISITION OF
REAL PROPERTY FOR CONSTRUCTION OF TRAFFIC
IMPROVEMENTS LOCATED AT THE SOUTH/EAST
CORNER OF EAST RIVER ROAD AND NORTH RIPON
ROAD
WHEREAS, the City of Ripon is a political subdivision of the State of California and is authorized to acquire real property by eminent domain to carry out the powers or functions of the City; and
WHEREAS, the real property to be taken consists of a Fee Simple interest in that land more particularly described in the attached Exhibit “A,” and illustrated in the attached Exhibit “B”; and
WHEREAS, the public interest and necessity require the acquisition of said interest in real property for the purpose of constructing a traffic signal to provide operational and enhanced safety benefits at the intersection of River Road and North Ripon Road; and WHEREAS, notice has been properly given to all whose name and address appears on the last Equalized County Assessment Roll per the provisions of Section 1245.235 of the California Code of Civil Procedure, and a public hearing has been held at which all persons whose property may be acquired by eminent domain have been given a reasonable opportunity to appear and be heard by the City Council on the matters set forth in Code of Civil Procedure Sections 1240.030 and 1240.610; and
WHEREAS, a two-thirds vote of all of the members of the City Council is required for adoption hereof; and
WHEREAS, due consideration of all oral and documentary evidence introduced has been given.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ripon that the following findings be made:
1. That the public interest and necessity require the acquisition of the fee interest in the real property described in Exhibit “A” attached hereto and incorporated by this reference for the purpose of constructing a traffic signal to provide operational and enhanced safety benefits to improve the health, safety and welfare of vehicle operators, pedestrians and adjacent residents;
2. That the property to be acquired and the project to be developed are planned and located in a manner that will be most compatible with the greatest public good and the least private injury. This finding can be made because there is no adjacent and adjoining land that could be acquired and improved to serve the needs of the Project;
3. That the property sought to be acquired is necessary for the proposed project. This finding can be made because there is no adjacent and adjoining land that could be acquired and improved to serve the needs of the Project;
4. That the offer required by Section 7267.2 of the Government Code has been made to the owner of record.
BE IT FURTHER RESOLVED as follows:
1. That the law office of Malm Fagundes, acting as special counsel for the City of Ripon and/or its designated special counsel, is hereby authorized to institute and conduct to the conclusion an action in eminent domain in the Superior Court of the State of California for the County of San Joaquin for the acquisition of the described interest in real property and to take such action as is necessary to accomplish this upon direction of the City Council.
2. That the law office of Malm Fagundes, acting as special counsel for the City of Ripon and/or its designated special counsel, is also hereby authorized to obtain an order for prejudgment possession of the herein described real property and any other orders reasonably necessary for the prosecution of the action in eminent domain, or which may be necessary for the orderly completion of the proposed project.
BE IT FURTHER RESOLVED that the City of Ripon is directed to draw all necessary warrants payable to the State Treasurer in the amount specified in a written statement or summary of the basis for probable compensation prepared in accordance with Code of Civil Procedure Sections 1255.010, et seq.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 11th day of February, 2025, by the following vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER:Michael Restuccia, Council Member
AYES: de Graaf, Barton, Uecker, Restuccia, Zuber
THE CITY OF RIPON,
A Municipal Corporation
By ________________________________
DANIEL DE GRAAF, Mayor
ATTEST:
By: ___________________________
LISA ROOS, City Clerk