Agenda Item Wording:
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First Reading of Ordinance 2022-03 which authorizes the sale of approximately 1.48 acres to the State of California as part of the Caldwell Avenue/State Route 99 interchange project.
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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, 372-2400
Chantha Chap, Civil Engineer, chantha.chap@visalia.city, 713-4418
Frank Senteno, City Engineer, frank.senteno@visalia.city, 713-4331
Nick Mascia, Assistant City Manager, nick.mascia@visalia.city, 713-4323
Department Recommendation:
Approve first reading of ordinance authorizing sale of the subject property, (Four fifth vote required)
Background Discussion:
The State of California (“Caltrans”) is proposing to reconstruct and expand the Caldwell/Avenue 280 interchange with State Route 99. Caltrans needs to acquire property around the interchange, including property owned by the City of Visalia. This is a state highway project and Caltrans would be authorized to utilize the power of eminent domain to acquire the necessary property for this project.
The City’s Wastewater Division owns the property located at the northwest corner of SR 99 and Caldwell Avenue. The property is approximately 442.06 acres and is currently being leased for agricultural use. Caltrans has identified 1.48 acres of property that it needs to permanently acquire for the interchange project and an additional 3,854 square feet of property that Caltrans would need on a temporary basis during construction of the project. No significant impacts are expected to result from the taking on the remainder property. Legal descriptions and aerial photographs showing the subject area are included with this report for reference.
City engineering staff reviewed the proposed take area and does not dispute that it would be needed for the Project based on the design prepared by Caltrans. The Project, once completed, will provide a benefit traffic flow and access between Caldwell Avenue and State Route 99, which will benefit to City residents as well as that state highway.
The attached ordinance authorizes the City Manager to negotiate with Caltrans and sign a purchase agreement for compensation to the City for the subject property based on its fair market value. City Manager is also authorized to revise the existing lease of the subject property with the tenant to reflect the taking by Caltrans.
It is noted that surplus land requirements are not applicable in instances where another government agency is acquiring land for a governmental purpose, which includes the proposed acquisition and usage by Caltrans.
It is also noted that a majority four-fifth vote is required for the sale of any City property.
Fiscal Impact:
No significant impacts, sale of City property will require compensation to the City’s Wastewater Fund for the fair market value of the area being acquired for the interchange project.
Prior Council Action:
None.
Other:
None.
Alternatives:
None recommended.
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to approve the first reading of Ordinance No. 2022-03, authorizing the sale of the designated property to the State of California for the Caldwell and Highway 99 Project. (Four fifths vote required)
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CEQA Review:
The acquisition of the property is part of the environmental review being prepared by the State of California for its highway project.
Attachments:
1. Ordinance No. 2022-03
2. Legal Description
3. Map showing take areas