Agenda Item Wording:
title
Second reading and adoption of Ordinance 2023-01 authorizing the sale of approximately 367 square feet to the State of California as part of Caltrans project to rehabilitate State Route 216, Lovers Lane and East Millcreek Parkway.
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Deadline for Action: None
Submitting Department: Administration - CIP Engineering
Contact Name and Phone Number:
Jim Koontz, Assistant City Attorney, Jkoontz@prlawcorp.com, (559) 372-2400
Frank Senteno, City Engineer, Frank.Senteno@Visalia.City, (559) 713-4331
Nick Mascia, Assistant City Manager, Nick.Mascia@Visalia.City, (559) 713-4323
Department Recommendation:
Staff recommends City Council perform the second reading and adopt the ordinance authorizing sale of the subject property.
Summary:
On February 21st, the first reading of the ordinance occurred at the regular City Council meeting. Staff is now returning to perform the second reading and ask City Council to adopt Resolution 2023-01. The resolution authorizes the City Manager to complete the transaction and transfer ownership of the property located at Lovers Lane and East Millcreek Parkway.
Background Discussion:
The State of California (“Caltrans”) is proposing to rehabilitate portions of State Route 216, which include roadways in the area of Lovers Lane and East Millcreek Parkway. The project requires updating the area around the curb ramp at this location. Caltrans needs to acquire property around this intersection to complete the work and the necessary property is owned by the City of Visalia. This area is considered a state highway and Caltrans would be authorized to utilize the power of eminent domain to acquire the property.
The take area consists of 367 square feet total, of which 138 square feet is unencumbered and 229 square feet is subject to an existing easement for roadway usage. The property is part of the adjacent Mill Creek Parkway, which the City owns and maintains. No significant impacts to the park area are expected to result from the taking as it is all within the area near the intersection in and around the existing sidewalk. The ownership of this area will change but its availability for pedestrian and vehicle travel will not. Legal descriptions and aerial photographs showing the subject area are included with this report for reference. The property was appraised for $500.00, and City staff does not dispute this valuation. Caltrans has offered an incentive payment of $1,000 to quickly resolve the acquisition, which the City should be eligible to receive.
City engineering staff reviewed the proposed take area and does not dispute that it would be needed for the Caltrans project. The Project, once completed, will provide a benefit for traffic and pedestrians that use the state highway in the area which also provides benefits to the City.
The attached ordinance authorizes the City Manager to complete the transaction and transfer ownership of the property.
It is noted that surplus land requirements are not applicable in instances where another government agency is acquiring land for a governmental purpose, including the subject usage by Caltrans, which it has the right to take by eminent domain for state highway purposes.
Fiscal Impact:
No significant impacts, sale of City property will require compensation to the City for the fair market value of the area being acquired for the interchange project.
Prior Council Action:
February 21,2023 - Approved 1st Reading of Ordinance
January 17, 2023 - Approval of Appraised Value and Authorization to enter into a purchase agreement with Caltrans (Closed Session).
Alternatives:
N/A
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to approve Ordinance No. 2023-01, authorizing the sale of the designated property to the State of California.
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Environmental Assessment Status:
Completed by State of California Department of Transportation (Caltrans)
CEQA Review:
The sale of this property to Caltrans should not be considered a project requiring CEQA review by the City of Visalia as the sale of land of this land to Caltrans is not likely to cause a physical change in the environment or cause a reasonably indirect physical change in the environment. Environmental review of the highway project is being prepared by the State of California not the City of Visalia.
Attachments:
1. Legal Description
2. Location Map
3. Draft Ordinance