DATE: June 4, 2024
TO: Board of Supervisors
SUBMITTED BY: Steven E. White, Director
Department of Public Works and Planning
SUBJECT: Conveyance of Right-of-Way to the City of Selma
RECOMMENDED ACTION(S):
TITLE
1. Approve the request by the City of Selma to acquire rights-of-way, in an identified unincorporated area of the County as needed for development of street and sewer improvements along Golden State Boulevard, South Amber Avenue (between East Saginaw Avenue and East Floral Avenue), East Floral Avenue (between East Amber Avenue and the existing City of Selma limits) and Nebraska Avenue (between East Amber Avenue, Cornelia Avenue, and the existing City of Selma limits), including by perfecting the public’s interest in portions of the existing rights-of-way, which are either prescriptive or impliedly dedicated to the public, in parcels adjacent to the existing County rights-of-way, but excluding eminent domain actions.
2. Approve and authorize Chairman to execute Quitclaim Deeds conveying the County’s interest in rights-of-way to the City of Selma, in an identified unincorporated area of the County as needed for the development of street and sewer improvements along Golden State Boulevard, South Amber Avenue (between East Saginaw Avenue and East Floral Avenue), East Floral Avenue (between East Amber Avenue and the existing City limits), and Nebraska Avenue (between East Amber Avenue, Cornelia Avenue and the existing City limits). ($0) (4/5 vote).
REPORT
Approval of the fist recommended action will authorize the City of Selma (City), following its written request (Attachment A), to acquire additional road rights-of-way (ROW) in the unincorporated area along Golden State Boulevard, South Amber Avenue (between East Saginaw Avenue and East Floral Avenue), East Floral Avenue (between East Amber Avenue and the existing City limits), and Nebraska Avenue (between East Amber Avenue, Cornelia Avenue and the existing City limits). The City has been advised that your Board’s approval of the recommended action does not include approval to undertake eminent domain proceedings. Approval of the second recommended action authorizes the Chairman to execute the conveyance of the County’s interest in road ROW to the City via the proposed Quitclaim Deeds. This item pertains to locations in District 4.
ALTERNATIVE ACTION(S):
If your Board does not approve the recommended actions, the City will be unable to acquire rights-of-way and construct street and sewer improvements.
FISCAL IMPACT:
There is no Net County Cost associated with this item. The City will acquire the County’s existing interest in the road ROW from the County for no payment ($0). The City will be responsible for ensuring it has adequate rights to utilize the existing ROW and additional adjacent property from the property owners. The street and sewer improvements will be constructed with no cost to the County. Construction management of the work will be performed by the City, and the Department of Public Works and Planning staff will provide oversight inspection of the improvements through application of an encroachment permit for the work in County areas. As specified in Attachment A, the City will be responsible for continued maintenance of the improvements as the owner of the ROW.
DISCUSSION:
The City plans to make street and sewer improvements along Golden State Boulevard, South Amber Avenue (between East Saginaw Avenue and East Floral Avenue), East Floral Avenue (between East Amber Avenue and the existing City limits), and Nebraska Avenue (between East Amber Avenue, Cornelia Avenue, and the existing City limits). East Saginaw Avenue and South Amber Avenue are local roads while Golden State Boulevard is designated as a “Super Arterial” in the County General Plan. Super Arterials provide for mobility within the county and its cities, carrying through traffic on continuous routes and joining major traffic generators, freeways, expressways, and other arterials. Access to abutting private property and intersecting local streets is restricted. East Floral Avenue and East Nebraska Avenue are designated as “Collectors” in the County General Plan. Collectors provide for internal traffic movement within communities, and connect local roads to arterials, super arterials, and expressways. Direct access to abutting private property shall generally be permitted.
The County’s interest in segments of E. Saginaw Avenue, E. Nebraska Avenue, S. Amber Avenue, E. Floral Avenue, and Golden State Boulevard ROW will be conveyed at no cost to the City. Government Code section 25365, subd. (a) allows your Board to, by a four-fifths vote, grant, convey, quitclaim, assign, or otherwise transfer to several certain types of public agencies, including a city, or exchange with those public agencies, any real or personal property, or interest therein belonging to the County, upon the terms and conditions as are agreed upon, and without complying with any other provisions of the Government Code, provided that the property or interest therein to be granted and conveyed or quitclaimed is not required for County use.
The City will need to acquire ROW from adjacent parcels to complete the street and sewer improvements with approval of your Board. Approval of the first recommended action allows the City to purchase or otherwise establish marketable title to those impliedly dedicated portions of Dakota Road, in addition to acquiring additional property to widen the existing ROW. The City has been advised that your Board’s approval of the recommended action does not include approval to undertake eminent domain proceedings.
In accordance with the requirements of Government Code section 25365, subd. (c), staff has published a notice of this intended action one time, at least one week prior to this action, in a newspaper of general circulation published in the County.
The proposed Quitclaim Deeds for the County’s portion of the ROW have been prepared for your Board’s approval and execution by the Chairman. Staff recommends approval of the conveyance of these portions of County ROW to the City of Selma pursuant to Government Code section 25365(a). The proposed ROW conveyance is consistent with the need for street and utility improvements per the plans provided by the City. Department staff has reviewed the improvement plans, and any work within the County ROW will be processed through an encroachment permit.
OTHER REVIEWING AGENCIES:
This item was coordinated with the City of Selma.
ATTACHMENTS INCLUDED AND/OR ON FILE:
Attachment A - City of Selma Request and Map
On file with Clerk - Quitclaim Deeds
CAO ANALYST:
Salvador Espino