Item 4.1 - Espola Road Safety Improvement Project Status Update(F)
City of Poway
COUNCIL AGENDA REPORT
APPROVED
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APPROVED AS AMENDED
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(SEE MINUTES)
DENIED
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REMOVED
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CONTINUED
Resolution No.
DATE: August 15, 2017
TO: Honorable Mayor and Members of the City Council
FROM: Robert Manis, Director of Development Services %m
CONTACT: Taryn Kjolsing, Senior Civil Engineer
(858) 668-4622 or tkjolsinga-poway.org �v`
SUBJECT: Status Update for the Espola Road Safety Improvements
Project
Summary:
This report presents a status update on design of the Espola Road Safety Improvements
Project. Three property owners have not responded to the City's requests for easements
and it is recommended that eminent domain be used to obtain the easements so the
project can be constructed.
Recommended Action:
It is recommended that the City Council direct the City Attorney to initiate the eminent
domain process to acquire the three remaining easements necessary to construct the
project as currently designed.
Discussion:
The Espola Road Safety Improvements Project will construct a pathway separated from
the edge of the road by lodge pole fencing for a majority of the length of the improvements.
The pathway will be decomposed granite for use by pedestrians, bikes, and horses. The
pathway will extend from the existing sidewalk south of Mountain Road to the existing
sidewalk south of Willow Ranch Road.
As part of the project, on April 15, 2014 and June 7, 2016, the City Council approved
resolutions establishing the intent to create two undergrounding utility districts. On May
16, 2017, Council finalized the creation of the undergrounding utility districts.
Undergrounding will extend from Mountain Road to 130 feet south of Willow Ranch Road.
The current project design requires permanent and temporary construction easements
from 16 properties. So far, the City has received signed easements for 13 of the
properties. Staff recently sent the remaining three property owners a final easement offer
letter with a deadline of August 4 to sign the easement documents and accept the City's
offer to purchase easements.
Attachment A shows the three properties where easements have not yet been obtained.
The following is the current status of the three remaining easements:
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Status Update for the Espola Road Safety Improvements Project
August 15, 2017
Page 2
15161 Huntington Court: homeowner had previously told staff they are amenable
to the project and will sign the easement documents when they return from
vacation. On August 1, the homeowner contacted City staff and expressed a
willingness to sign the easement documents so long as the City took action on an
open code case regarding vegetation management on a vacant neighboring
property. This is an ongoing code compliance case and the City has issued a
notice and order to the neighboring property owner requiring them to remove the
overgrown vegetation within 10 days.
15157 Huntington Court: property is a vacant lot and the owner lives in a different
state. All contact with the owner has been through a relative who says the owner
is out of town but will sign the easement documents when he returns. We have
not had any contact from the homeowner or their representative since June 21.
The homeowner has been unresponsive to the City's most recent correspondence.
15004 Espola Road: the property owner has not agreed to the appraised value of
the right-of-way needed. To date, the homeowner has been unresponsive to the
City's final offer letter.
Milestones remaining prior to bidding the project include:
1. Obtain all required easements (as noted above)
2. Incorporate plans from all utility companies
3. Finalize design of pedestrian improvements
4. Advertise project for construction bid
For construction to begin in early January 2018, the following schedule must be met:
• First Advertisement For Construction Bid October 26
• Second Advertisement For Construction Bid November 2
• Bid Opening November 15
• Contract Award by Council December 5
• Contracts due back from Contractor December 18
• Construction Notice to Proceed January 2
If easements from all sixteen property owners are not obtained, the City's options include:
The City Council could exercise eminent domain to obtain the remaining necessary
easements. This would require expenses for legal proceedings, but would allow
the project to be constructed per the design originally approved by the City Council.
The eminent domain process can take a path that is parallel to the bid and contract
process to reduce the potential for a delay in construction; or
The pathway could be moved adjacent to the street and narrowed to five feet in
width to stay within the City's existing right-of-way easement. This could be done
for the entire length of the project or just adjacent to properties where easements
are not obtained.
Moving the pathway adjacent to the street and eliminating the separation between the
pathway and the road would most likely cause the utility companies to have to redesign
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Status Update for the Espola Road Safety Improvements Project
August 15, 2017
Page 3
their systems to place their infrastructure (cabinets, handholes, etc.) in the street or on
private property outside of the narrowed pedestrian pathway. The underground conduits
would be relocated to either under the street or under the proposed pathway. This could
cause some delay to the project completion, and would also place pedestrians closer to
the roadway.
In order to remain as close to the current schedule as possible, to keep the project as
originally designed, and to maximize safety, staff is recommending that the City Council
direct the City Attorney to initiate the legal proceedings necessaryto acquire the easements
for the remaining three properties by eminent domain. The first step would be to schedule
a Resolution of Necessity for Council consideration at the September 5, 2017 City Council
Meeting. If this direction is provided, notices will be provided to the three property owners,
advising of their right to appear and be heard on September 5. The City could also apply
for an order for immediate possession to take possession of the property prior to resolution
of its fair market value. The City Attorney would handle these proceedings. It could take
approximately three months to obtain the order for immediate possession.
Environmental Review:
This matter involves an update on the status of a City capital improvement project and is
not subject to the California Environmental Quality Act. The project itself is covered by
the Espola Road Improvement Project Final Environmental Impact Report certified by the
City Council on June 4, 2013.
Fiscal Impact:
Appropriations to date for the Espola Road Safety Improvements Project (CIP #12010)
total $2,400,000, and expenditures/encumbrances to date total $237,822. The
undergrounding of the southern portion of the project will utilize the City's available 20A
utility undergrounding allocation. The undergrounding of the northern portion of the
project will utilize $2,600,000 previously appropriated from the uncommitted General
Fund reserve (CIP #12015) as part of the Council prioritized projects group. Project cost
estimates include the cost of the right-of-way and temporary construction easements. No
additional appropriations are being requested at this time. Should the City Council direct
the City Attorney to initiate the legal proceedings necessary to acquire the remaining three
easements by eminent domain, a future additional appropriation for attorneys' fees and
court costs, unknown at this time, may be requested at a later date.
Public Notification:
A public notice was mailed to property owners fronting Espola Road within the Espola
Road Safety Improvements Project limits, and to other interested parties.
Attachments:
A. Espola Road Easement Signing Status
Reviewed/Approved By: Reviewed By:
Wendy Kaserman Morgan Foley
Assistant City Manager City Attorney
Approved By
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Tina M. White
City Manager
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4 of 4 ATTACHMENT A August 15, 2017, Item #4.1
OWA
4 of 4 ATTACHMENT A August 15, 2017, Item #4.1