Agenda Item Wording:
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Public hearing to consider and adopt a Resolution of Necessity to acquire property and temporary construction easements from portions of eight separate properties of APN 126-130-007, 126-130-009, 126-130-013, 126-670-023, 126-670-024, 126-700-043, 126-700-049, and 123-300-040 all of which are located along Caldwell Avenue between Santa Fe Street and Lovers Lane for the purpose of widening Caldwell Avenue (CP8268).
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Deadline for Action: None
Submitting Department: Administration
Contact Name and Phone Number:
Jim Koontz, Assistant City Attorney, jkoontz@prlawcorp.com, 372-2400
Eric Bons, Senior Civil Engineer, eric.bons@visalia.city, 713-4350
Frank Senteno, City Engineer, frank.senteno@visalia.city, 713-4331
Nick Mascia, Assistant City Manager, nick.mascia@visalia.city, 713-4323
Department Recommendation:
Staff recommends that the City Council adopt the Resolution of Necessity, which is the initial step toward eminent domain, to ensure the timely acquisition of the required property associated with the widening of Caldwell Avenue between Santa Fe Street and Lovers Lane. On-going negotiations will continue with the goal of reaching agreement in a timely manner and avoiding the legal process.
Summary:
The project is time sensitive. The project received a Senate Bill 1, Local Partnership Program (SB-1 LPP) funding grant for Right of Way Acquisition through Tulare County Association of Governments (TCAG). The grant funding has short timelines and requires the City to obtain the property rights that are necessary to construct the project, either through mutual agreement or the right to possess the property through an eminent domain action (See additional grant deadline information below).
City Council directed staff to acquire right-of-way through the normal process of appraising the property, making offers to owners, and negotiating agreements. To ensure funding is not lost, staff recommends initiating the eminent domain process in parallel with normal negotiations. Negotiations with the property owners will continue, but this added process will insure that property rights can be acquired in the event negotiations fail and the project needs to proceed to meet funding deadlines.
Background Discussion:
This project involves the widening of Caldwell Avenue so the four lanes of travel can be constructed to meet the level of service requirements stated in the Circulation Element of the Visalia General Pan within the project limits. The project includes widening Caldwell Avenue along with constructing storm drainage facilities including culverts, curb, gutter, and placement of public utilities in the revised public right-of-way. The project is intended, pursuant to the City’s approved Circulation Element, to improve and enhance pedestrian, bicycle, and vehicular circulation along Caldwell Avenue. While for many years this area of Caldwell Avenue has been a two-lane roadway this area has been transitioning from rural to urban usage which has increased the amount of traffic on the roadway. Portions of Caldwell Avenue have been widened to four lanes with development, but sections of a two-lane roadway remain. The widening project in this area will complete the buildout of Caldwell Avenue between Santa Fe Street and Lovers Lane.
Property Acquisition/Resolution of Necessity:
A map of this area showing the portions of property sought is included as an attachment to this report. The six identified subject properties referenced below are required since the street widening project cannot be completed without acquiring the designated areas. Legal descriptions and drawings showing the specific portions of each property, and, in one instance the entire parcel that is needed for the project, are attached to the Resolution of Necessity.
Exhibit 1 - APN 126-130-007 (Marks Property, entire parcel needed)
Exhibit 2 - APN 126-130-009 (January Property)
Exhibit 3 - APN 126-130-013 (TeVelde Property)
Exhibit 4 - APN 126-670-023 & 126-670-024 (Ingram Family Trust Property)
Exhibit 5 - APN 126-700-043 & 126-700-049 (Sahtout Inc. Property)
Exhibit 6 - APN 123-300-040 (Fast N Esy #16 Corp Property)
The City of Visalia pursuant to Article III of its charter, may acquire, maintain, and operate property inside or outside of the city limits for municipal purposes, which include but are not limited to the construction of streets, roads, curbs, gutters, storm drainage and wastewater conveyance facilities.
The properties that are located south of Caldwell Avenue are currently outside of City boundaries but have been identified as areas for future municipal growth under the City of Visalia General Plan. California law, Streets and Highways Code section 1810 specifically allows cities to acquire properties outside its municipal boundaries in unincorporated county areas to connect or widen streets that are located within the city and the county consents. The County of Tulare, by Tulare County Resolution No. 2023-0595 has specifically consented to the City of Visalia acquiring, by purchase or eminent domain, properties located south of Caldwell Avenue between Santa Fe Street and Lovers Lane. (A copy of Tulare County Resolution No. 2023-0595 is attached to this report for reference.)
The project has been budgeted by the City and the project planning has been moving forward. The City has also been working with public utilities to relocate those utilities within the existing right of way. Construction of the project is being planned to start next year (2024). City staff began the acquisition process several months ago but has not been able to reach mutual agreement to acquire these properties. City staff are seeking to begin the eminent domain process now to avoid having to delay the project timeframe but will continue to reach out to these property owners and attempt to reach agreement over the proposed purchases.
In order to have sufficient space for construction of the roadway and adjacent road improvements, the City is seeking to acquire temporary construction easements behind permanent right of way acquisitions. These temporary easements will be for a period of 48 months and are for the purpose of allowing City contractors to access the designated portion of the property for purposes of constructing the road improvements. Permanent improvements in the temporary construction easement, such as fencing, paving, trees, and sprinklers, area will be protected in place and replaced if damaged during the project.
California Code of Civil Procedure section 1245.235 requires notice of hearing to those persons whose name and address appear on the last equalized county assessment roll. This notice of hearing was sent to the owners of record within the required time period prior to this hearing.
In order to adopt a resolution of necessity the Visalia City Council must make the following findings:
1. The public interest and necessity require the proposed project.
2. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury.
3. The property described in the resolution is necessary for the proposed project.
4. That either the offer required by Government Code section 7267.2 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.
The public interest and necessity require the proposed project. Caldwell Avenue is a designated arterial in the Circulation Element of the Visalia General Plan. It is intended to be utilized by high volumes of traffic as development occurs in this area. Such development has and will continue to occur in the area. The existing two-lane capacity is not sufficient for high traffic volumes. Completing the project and widening the roadway will make it more efficient for vehicles and pedestrians.
The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the lease private injury. A no-build alternative is not feasible because of traffic congestion and the improvements cannot be completed without acquiring the subject properties.
The properties described in the resolution are necessary for the project. Widening the lanes cannot be done without acquiring the subject properties.
The subject properties were appraised and offer letters seeking to acquire the subject properties for the appraised values were sent in accordance with Government Code section 7267.2 to the property owners.
Below is a list of the properties and a description of the areas needed for the street widening project, legal descriptions and drawings showing the take areas of each property are attached to the Resolution of Necessity:
1. Fred Dale Marks and Paula Bobbie Marks, Property Owners, APN 126-130-007 - This residential property is at the southeast corner of Caldwell Avenue and the future Ben Maddox Way alignment. The entire property is being sought because the road widening and intersection improvements will take the existing residence and nearly all of the property, in addition a storm drainage basin is planned that will likely take the remainder of the property. It is noted that if the acquisition by the City for this project will leave a remnant, then such remnant will be of such size, shape, and condition to be of little market value and the City is seeking to acquire any remnant of this parcel pursuant to Code of Civil Procedure section 1240.420.
2. Rick G. January and Patricia A. January, Property Owners, APN 126-130-009 - This property is also south of Caldwell Avenue and located east of the Marks property. The property consists of a residential unit, being rented, a shop, and a separate yard facility for a landscaping business. The project requires 6,384 square feet for permanent right of way and 4,560 square feet for a temporary construction easement.
3. Bernard Alan TeVelde and Rebecca Dee TeVelde, Property Owners, APN 126-130-013-This triangular shaped property is a residence with a small berry orchard and fruit stand bordered by an irrigation canal to the southern edge of the property. It is outside the municipal boundaries of Visalia. The project needs to acquire 14,600 square feet or 0.34 acres permanently and a temporary construction easement over 7,959 square feet or 0.18 acres.
4. Forrest Jones, Trustee of the Ingram Family Irrevocable Trust, Property Owner, APN 126-670-023 and APN 126-670-024 - This is the property used by Ingram Equipment Co., Inc. and is located north of Caldwell. The property has several shop buildings, and a residence that also serves as an office. The take area over both parcels is 3,849 square feet or 0.09 acres, although a portion of this area is within the Tulare Irrigation Canal easement, leaving 3,586 square feet or 0.08 acres of usable land area being taken. There is also a temporary construction easement needed over both parcels, 8,757 square feet or 0.20 acres for the project.
5. Sahtout, Inc., Property Owner, APN 126-700-043 and APN 126-700-049 - This is a vacant property north of Caldwell between Stover and Ben Maddox Way. A portion of the property is currently used for growing annual crops and a fruit stand. The project requires a temporary construction easement over 0.14 acres or 6,167 square feet over both parcels.
6. Fast N Esy #16 Corporation, Property Owner, APN 123-300-040 - This property located on the northwest corner of Ben Maddox Way and Caldwell. The property consists of nut processing facility with office/retail space. The project requires 109 square feet of right of way and a temporary easement over 4,951 square feet.
Funding Deadline:
As previously mentioned in the Summary Section above, this project received a Senate Bill 1, Local Partnership Program (SB-1 LPP) funding grant for Right of Way Acquisition. The SB1-LPP funds have a expenditure deadline of June 30, 2024. However, this project also has a Construction allocation of funds deadline of 6/30/2024, which is met through an allocation request to Caltrans that includes submittal of a completed application package. Caltrans will certify that a project’s plans, specifications and estimate are complete, and that environmental and right-of-way clearances are secured. The allocation request must be made on established due dates in order to be on the California Transportation Commission (CTC) agenda to meet the 6/30/2024 allocation deadline. Staff’s goal is to submit the allocation request to Caltrans on March 20, 2023.
Fiscal Impact:
The total project budget is $21,602,080 which is funded through a variety of sources as described in the below budget table.
Project Budget:
|
Measure R Regional (Fund 133) |
|
$19,431,780 |
|
Measure R Local (Fund 131) |
|
$783,300 |
|
Senate Bill1 - Local Partnership Program (Fund 281) |
|
$1,387,000 |
|
Total Project Estimate |
|
$21,602,080 |
Estimated Project Expenditures:
|
Environmental Process |
|
$250,000 |
|
Design and Right-of-Way |
|
$3,425,985 |
|
4 Creeks Contract (Design, RW, & Const. Eng.) |
$1,310,985 |
|
|
Estimate City Design & RW Support |
$250,000 |
|
|
RW Estimate |
$1,600,000 |
|
|
Estimate Pole Relocation at Burke Street |
$140,000 |
|
|
Estimate Culvert Permits |
$75,000 |
|
|
Estimate Electrical Service |
$50,000 |
|
|
Construction Cost Estimates |
|
$17,926,095 |
|
Construction Estimate Nov. 2022 (modified) |
$16,946,095 |
|
|
Est. Construction Mgmt. (from CP9485)* |
$500,000 |
|
|
Est. Construction Testing (from CP9485)* |
$200,000 |
|
|
Estimate City Construction Staff & Misc. Const. |
$200,000 |
|
|
Estimate Construction Surveying/Staking 4 Creeks |
$80,000 |
|
|
Total Project Estimate |
|
$21,602,080.00 |
*(CP9485 = Caldwell Improvements Akers to Shady)
There are sufficient project funds available at this time, therefore no appropriation of funds is required at this time. The project estimate is currently under review and will be updated as plans near completion and a revised engineer’s estimate is submitted.
Prior Council Action:
November 21, 2022: Council, in closed session, approved property appraisals and authorized City staff and consultant to purchase the properties.
October 4, 2021: Council accepted and authorized an appropriation of $1,387,000 from the Senate Bill 1 - Local Partnership Program (SB1-LPP) for the Caldwell Avenue Widening from Santa Fe to Lovers Lane Project (CP8268)
September 21, 2020: Council authorized approval of Amendment Number 2 with 4 Creeks Inc. in the amount of $489,755.00 bringing the contract from $768,000.00 to $1,257,755.00 for additional services related to the Caldwell Avenue Widening from Santa Fe to Lovers Lane (CP8268)
April 20, 2020: Council authorized amending the Measure R Supplemental Agreement for the Caldwell Avenue Widening from Santa Fe to Lovers Lane (CP8268) due to increase in the scope of work.
May 2, 2016: Council authorized a contract with 4 Creeks Engineering Co. for RFP 15-16-49 to prepare Plans, Specifications, and Estimate for the Caldwell Avenue Widening from Santa Fe to Lovers Lane.
Alternatives:
Continue negotiations without beginning eminent domain. This could potentially delay the start date and impact funding deadlines of the project if an agreement is not reached before City staff is ready to start construction.
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to adopt the Resolution of Necessity.
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Environmental Assessment Status:
Addressed under the construction project, no separate review required for the property acquisition.
Attachments:
1) Resolution of Necessity
2) Legal Description of take areas
3) Tulare County Resolution No. 2023-0595
4) Location Map
5) APN Location Map