Agenda Item Wording:
title
Public hearing to consider and adopt a Resolution of Necessity to acquire portions from three separate properties APN 077-780-003; 077-640-001, and 077-650-001 generally located along Shirk Street between Riggin Avenue and Goshen Avenue for the purpose of widen Shirk Street. Resolution 2021-51 required.
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Deadline for Action: None
Submitting Department: Public Works
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, Public Works Director, nick.mascia@visalia.city, 713-4323
Department Recommendation:
It is recommended that the Visalia City Council adopt the Resolution of Necessity needed to ensure the acquisition of the required properties in a timely manner.
Background Discussion:
This project involves the widening of Shirk Street, specifically the east side of Shirk Street so that the four lanes of travel called for to meet level of service requirements stated in the Circulation Element of the Visalia General Plan can be completed throughout the project area. To achieve the widening along the easterly side of Shirk Street, this project requires right-of-way acquisitions from the three properties described in this report.
A map of this area showing the three properties and portions of property sought is included as an attachment to this report. The three 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 that is needed for the project are attached to the Resolution of Necessity.
APN 077-780-003 - See Exhibit 1 (Scalia Inc. property)
APN 077-640-001 - See Exhibit 2 (James and Lindsey DeGroot property)
APN 077-650-001 - See Exhibit 3 (Rocky Floyd White property)
The project includes widening Shirk Street along with constructing the 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 and vehicular circulation along Shirk Street. While for many years this area of Shirk Street 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.
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 the construction of streets, roads, curbs, gutters, storm drainage and wastewater conveyance facilities, all municipal purposes.
The project has been budgeted by the City and the project planning has been moving forward. The City has already begun working with public utilities to relocate those utilities within the existing right of way that can be relocated. The remainder of the project is being planned to start early next year.
City staff began the acquisition process several months ago but has not been able to reach mutual agreement to acquire these remaining properties. Notices of Decision to Appraise were sent to the property owners on December 23. 2020. Appraisals and appraisal reviews were completed on January 15, 2021 and offer letters meeting the requirements stated in Government Code section 7267.2 were mailed to the property owners on March 9, 2021. City staff is seeking to begin the eminent domain process now to ensure that property rights can be acquired to avoid having to delay the project timeframe. Staff will continue to reach out to the property owners and attempt to reach agreement over the proposed purchases.
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. Shirk Street 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 and more lanes are needed to more efficiently allow travel. As part of the project, curb ramps in the area will be modified and brought up to meet current accessibility requirements. The current curb ramps in the area do not meet requirements or are non-existent in some locations. The project will make the roadway 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. Initial transportation planning and preliminary engineering shows that there is insufficient right of way and budget available to fully implement the ultimate arterial street design of 110 foot right of way with medians throughout the entire corridor as required by the Circulation Element; however there is sufficient right of way width available, via right of way acquisitions along the easterly half of Shirk, to reasonably, and economically implement an operational improvement widening of Shirk Street by delaying the median construction and still provide for 4 lanes of traffic. An operational improvement widening will be implemented as soon as possible, and the full, ultimate arterial street design requirements will be implemented as a subsequent phase, as further development occurs, and the needed right of way is dedicated to the City.
The properties described in the resolution are necessary for the project. Widening the lanes and constructing the sidewalks cannot be done without acquiring the subject properties.
Right-of Way Acquisition
There are three properties involved in this resolution of necessity and they will all be permanent acquisitions of a portion of the existing parcel:
|
Property Owner |
APN |
Total Current Useable Property Size (Sq. Ft.) |
Portion Required (Sq. Ft.) |
|
Scalia Inc. |
077-780-003 |
663,115 |
27,012 (9,169*) |
|
Lindsey and James DeGroot |
077-640-001 |
216,153 |
17,920 (4,480*) |
|
Rocky Floyd White |
077-650-001 |
209,495 |
30,567 (8,303*) |
*Indicates the square footage of each property that is already subject to preexisting easements and not considered part of the useable property.
Fiscal Impact:
The total project cost is $12.6 million is funded by various local sources:
|
Fund |
Description |
Amount |
|
111 |
Local Gas Tax |
$2,240,699 |
|
131 |
Measure R Local |
$1,900,000 |
|
231 |
Wastewater Trunkline |
$8,493,721 |
|
TOTAL = |
$12,634,420 |
Prior Council Action:
March 1, 2021 - Closed session conference with real property negotiators to review terms and conditions of proposed purchase.
June 21, 2021 - Closed session conference with real property negotiators to review terms and conditions of proposed purchase.
Other: N/A
Alternatives:
Continue negotiations without beginning eminent domain. This could potentially delay the start date 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 2021-51
2) Legal Descriptions of take areas
3) Map of Project Area