Santa Cruz County
CA

Agenda Item
DOC-2021-364

Adopt resolution approving and accepting terms and conditions for the easement acquisition agreement related to the Highway 1 41st/Soquel Auxiliary Lanes & Chanticleer Pedestrian/Bicycle Crossing Project; authorize the Deputy CAO/Director of Public Works to execute the agreement on behalf of the County; approve amendment to the Cooperative Agreement for Real Property services with the SCCRTC, increasing compensation by $226,390; authorize the Chair of the Board to execute the deed associated with said agreement, and take related actions, as recommended by the Deputy CAO/Director of Public Works

Information

Department:DPW: Real PropertySponsors:Deputy CAO/Director of Public Works Matt Machado
Category:DPW RPROP - Board LetterFunctions:General Government, Land Use & Community Services

Financial Impact

The acquisition cost for the necessary permanent and temporary easements is $554,800. The value of these real property interests will be paid by Santa Cruz County Regional Transportation Commission via reimbursement to the County.

Board Letter

Recommended Actions

1)              Adopt resolution approving and accepting the terms and conditions related to the enclosed easement acquisition agreement;

 

2)              Authorize the Deputy CAO/Director of Public Works to execute said agreement on behalf of the County;

 

3)              Authorize the Chair of the Board to execute the easement deed associated with said agreements on behalf of the County;

 

4)              Approve the enclosed Amendment Two to the existing Cooperative Agreement for real property services between the County of Santa Cruz and the Santa Cruz County Regional Transportation Commission dated June 13, 2019, increasing compensation by $226,390; and

 

5)              Authorize the Auditor-Controller-Treasurer-Tax Collector of the County of Santa Cruz to approve payment of claims for said agreements in the amounts indicated therein.

 

Executive Summary

The acquisition of permanent and temporary easement rights over APN 029-013-54 are required to support the Highway 1 41st/Soquel Auxiliary Lanes and Chanticleer Pedestrian/Bicycle Overcrossing Project.  Real Property has negotiated the final acquisition agreement and transfer documentation and these documents are now ready for approval by the Board.

 

Background

The County of Santa Cruz (County) in cooperation with the Santa Cruz County Regional Transportation Commission (RTC) and the California Department of Transportation (Caltrans) propose improvements to Highway 1 from 41st to Soquel and to construct a Pedestrian/Bicycle Overcrossing at Chanticleer (Project).  To proceed with the Project, the County must acquire certain permanent and temporary rights over APN 029-013-54 owned by Soquel Creek Water District (SCWD).

 

On March 9, 2021, the Board approved a Resolution of Necessity authorizing County Counsel to institute eminent domain proceedings to obtain possession of the required real property interests over APN 029-013-54 to support the Project.  The Resolution of Necessity was required to meet the strict funding and construction deadlines associated with the Project; after lengthy negotiation efforts failed to procure an agreement between the County and SCWD.  Notwithstanding the Resolution of Necessity, the County still intended to continue good faith negotiations with SCWD to avoid the necessity of an eminent domain action.

County and SCWD have now negotiated the final acquisition agreement to acquire the necessary permanent and temporary rights over APN 029-013-54 and avoid the lengthy and costly litigation process associated with the eminent domain action.  The property rights have been professionally appraised by a certified appraiser and reviewed by two (2) additional third-party appraisers.  The acquisition agreement offers just and reasonable compensation.  As such, Real Property now recommends the Board approve the acquisition agreement and associated documents.

 

Analysis

The proposed real property acquisition is required to proceed with the Project.  The Project is located and planned in a manner that is most compatible with the greatest public good and the least private injury.  However, due to engineering requirements and site constraints, the Project cannot be undertaken without acquiring certain property interests.  The Project will offer significant benefit for the community by reducing congestion and improving transportation safety along the Highway 1 corridor and constructing significant new infrastructure to support pedestrian and bicycle transportation.

Body

Strategic Plan Elements

3.B Reliable Transportation- Community Mobility

3.C Reliable Transportation - Local Roads

4.A Sustainable Environment- Outdoor Experience

6.C County Operation Excellence - County Infrastructure

 

The Highway 1 41st/Soquel Auxiliary Lanes & Chanticleer Pedestrian/Bicycle Overcrossing Project supports these goals in the County Strategic Plan by providing significant new transportation infrastructure to reduce traffic congestion, improve public safety, and enhance pedestrian and bicycle transportation and opportunities for outdoor activities.

 

Meeting History

Apr 27, 2021 9:00 AM Video Board of Supervisors Regular Meeting

Resolution No. 98-2021

RESULT:APPROVED [UNANIMOUS]
MOVER:Ryan Coonerty, Third District Supervisor
SECONDER:Manu Koenig, Vice Chair, First District Supervisor
AYES:Manu Koenig, Zach Friend, Ryan Coonerty, Greg Caput, Bruce McPherson

Discussion

Type in your comments here
Posted by Becky Steinbruner on 4/27/2021 at 2:06 AM
Dear Board of Supervisors, I am glad that Soquel Creek Water District has agreed to accept $554,800 as payment for deed easement on the property proposed for the Advanced Wastewater Treatment Plant and not force expensive eminent domain legal action. How will the extremely loud noise of the multiple reverse osmosis pumps, now unhoused in the District's Modified PureWater Soquel Project, be mitigated? Those pumps are very loud, and would operate 24/7. How will the risk of vandalism to the multiple large above-ground hazardous chemical storage tanks that would be located directly adjacent to the Pedestrian / Bicycle Overpass be mitigated to prevent potential risks to the public? The District refuses to conduct a Subsequent EIR for their Modified Project, and refuses to allow any further meaningful public comment under CEQA. Can the Board please address such public safety risks with the District upon payment of over half a million dollars from taxpayers? Thank you very much. Sincerely, Becky Steinbruner
Posted by Becky Steinbruner on 4/27/2021 at 2:05 AM