HomeMy WebLinkAboutAgenda Item (2).pdfBoard Agenda Item 10
DATE:November 5, 2019
TO:Board of Supervisors
SUBMITTED BY:Steven E. White, Director
Department of Public Works and Planning
SUBJECT:Public Hearing to consider adopting a Resolution of Necessity to facilitate the
Travers Creek Bridge Replacement Project on Lincoln Avenue
RECOMMENDED ACTION(S):
Conduct a public hearing to consider adopting a Resolution of Necessity, per California Code of
Civil Procedure, Section 1245.230, authorizing eminent domain proceedings and the deposit of
funds ($7,500) with the State of California - Condemnation Deposit Fund, to facilitate the Travers
Creek Bridge Replacement on Lincoln Avenue, Federal Project No. BRLO-5942(226) (4/5 vote).
This public hearing will allow your Board to consider whether the findings can be made for the adoption of
the proposed resolution. If the findings are made, the proposed resolution will authorize and direct County
Counsel to institute eminent domain proceedings, pursuant to Government Code, Section 25350.5, Streets
and Highways Code, Section 943, and California Code of Civil Procedure, Section 1230.010, et seq., to
acquire necessary real property interests to facilitate the Travers Creek Bridge Replacement Project on
Lincoln Avenue (Project). The proposed resolution would also authorize and direct the
Auditor-Controller/Treasurer-Tax Collector to deposit funds ($7,500) with the State of California -
Condemnation Deposit Fund, however, the hearing is not for consideration of matters involving
compensation. This item pertains to a location in District 4.
ALTERNATIVE ACTION(S):
Your Board may reject the adoption of the Resolution. Rejecting the adoption of the Resolution will prevent
the County from obtaining possession of the necessary road easement to proceed with the Project. If
possession of the necessary road easement is not obtained, the Project will be cancelled and will result in
the de-obligation of the allocated Federal funding. Any funds received by the County for this project to date
would require reimbursement to the Federal Highway Administration from the Road Fund.
FISCAL IMPACT:
There is no increase in Net County Cost associated with the recommended action. The total estimated cost
for real property interests subject to a proposed resolution is $7,500. The Project is eligible for 100%
reimbursement under the Federal Highway Bridge Program (HBP). Funds for the necessary parcel are
included in the Road Fund 0010, Subclass 11000. Sufficient appropriations and estimated revenues are
included in the Department of Public Works and Planning’s Org 4510 FY 2019-20 Adopted Budget.
Warrants or checks in the amount of $7,500, or lesser amount as certified by the Director of Public Works
and Planning, or his designee, will be issued from the Public Works and Planning Department’s - Roads
Org 4510, made payable to the State of California - Condemnation Deposit Fund, on behalf of the individual
Page 1 County of Fresno File Number: 19-1194
File Number: 19-1194
property owners listed in Exhibit A, attached.
DISCUSSION:
On October 8, 2019, your Board adopted Resolution No. 19-1042, setting the public hearing for November 5,
2019 at 9:00 a.m., or as soon thereafter as practicable. During the hearing, your Board will consider the
adoption of a Resolution of Necessity for condemnation as required by California Code of Civil Procedure,
Section 1245.230. The resolution is required precedent to the commencement of eminent domain
proceedings to meet construction commitments for the Project. If approved, the proposed resolution will
authorize and direct County Counsel to institute eminent domain proceedings to acquire certain real property
interests, and the Auditor-Controller/Treasurer-Tax Collector’s Office to issue a check, in the amount of
$7,500, for deposit in the State of California - Condemnation Deposit Fund.
The Project would allow replacement of the structurally deficient wooden two-lane bridge on Lincoln Avenue,
with a new two-lane concrete box culvert that meets current standards. The Project requires real property
interests from portions of five parcels; all but one permanent easement have been acquired through
negotiation.
In May 2019, an appraisal was obtained by a third party consultant of the 0.072-acre parcel that complied
with all statutory requirements and based on which just compensation for the subject property was
established. The just compensation established and the offer were equal to the appraisal amount of the
subject property.
On May 31, 2019, the initial offer ($7,500) was made to the vested owners of the remaining parcel, which
represented the full amount of the approved and reviewed appraisal. The Department’s Real Property Agent
made several follow-up efforts to settle with the owners. On June 14, 2019, one of the vested owners
contacted the Department’s Real Property Agent and stated they would not sell or sign anything to the
County.
The eminent domain process cannot proceed unless your Board approves the recommended action. To
provide such approval, your Board must make the following findings:
·The public interest and necessity require the proposed project.
·The proposed project is planned or located in the manner that will be most compatible with the
greatest public good and least private injury.
·The real property interests described in the Resolution are necessary for the proposed project.
·The offer required by section 7267.2 of the Government Code has been made to the owners of
record of the property which is the subject of real property acquisition associated with the proposed
Project.
The Department asserts and recommends that such findings would be accurate and appropriate. Your
Board is authorized to acquire certain real property interests by eminent domain pursuant to California
Government Code, Section 25350.5, California Streets and Highways Code, Section 943, and California
Code of Civil Procedure, Section 1230.010, et seq.
Upon your Board’s adoption of the Resolution of Necessity, the Department’s Real Property staff will
continue efforts to reach a mutually satisfactory agreement with the property owners during eminent domain
proceedings.
Page 2 County of Fresno File Number: 19-1194
File Number: 19-1194
The name and address of each of the property owners subject to today’s public hearing to consider the
adoption of a Resolution of Necessity, as required by law, precedent to the commencement of eminent
domain proceedings are shown on Exhibit A, attached. The property owners identified in Exhibit A were
mailed a Notice of the public hearing, including the date, time, and location of the hearing. The location of
the property is shown on Exhibit B, attached. The general location of the Project is shown on the Location
Map.
It is important to note that, in accordance with applicable codes and regulations, the hearing is expressly not
for consideration of matters involving compensation. Although property owners who attend may wish to
discuss compensation and related issues, it is recommended that your Board limit the discussion strictly to
the validity of the findings stated above.
REFERENCE MATERIAL:
BAI #50, October 8, 2019
BAI #08, March 12, 2019
BAI #34, February 12, 2019
BAI #45, October 23, 2018
BAI #47, August 21, 2018
BAI #36, August 25, 2015
BAI #34, September 17, 2013
ATTACHMENTS INCLUDED AND/OR ON FILE:
Exhibit A
Exhibit B
Location Map
On file with Clerk - Resolution
On file with Clerk - Affidavit of Notice
CAO ANALYST:
Sonia M. De La Rosa
Page 3 County of Fresno File Number: 19-1194