Tulare council approves steps to secure easement for Prosperity/West traffic signal; staff to return with eminent domain timeline

The Tulare City Council on Jan. 7 approved a staff request to begin legal work to acquire an easement needed to move forward with a planned traffic signal at Prosperity Avenue and West (item 6.3).

City staff said Southern California Edison requires an easement from a single property owner because overhead wires that must be relocated would otherwise overhang adjacent private property. Michael (city staff) told council the city has acquired the right-of-way necessary for standard street improvements but that Edison has been unsuccessful obtaining the easement on its own and asked the city to assist to expedite the project.

Council members pressed staff on cost and timing. Staff said the city will need legal exhibits and a legal description prepared before an appraisal can be requested; that appraisal is required so the city can make a written offer based on appraised value before pursuing a resolution of necessity and a possible eminent domain action. City attorney Megan said the council cannot adopt a resolution of necessity tonight; the statutory process requires an appraisal, an offer, notice and a public hearing before a resolution can be approved.

Staff estimated additional consultant and right-of-way services of roughly $6,000 to $7,000 to amend the consultant contract if the city exceeds the contract's 10% amendment threshold. Staff also said the property owner has been contacted multiple times but remains skeptical of the city's intentions and fairness of offers.

Councilmember Maderos moved to approve the staff recommendation to proceed; the council approved the motion. Several council members asked staff to expedite the appraisal and related legal work and directed staff to target returning to council with a resolution of necessity by the Feb. 18 meeting if feasible; staff said it would aim for that timetable but emphasized the appraisal, legal exhibits and notice requirements are prerequisites and that timing depends on those outside steps.

The action does not immediately take property by eminent domain; it authorizes the staff steps needed to prepare for acquisition and appraisal so the city can make an offer and, if necessary after required notices and a hearing, pursue a resolution of necessity under state law.

The traffic signal project remains in the city's capital improvement program; staff said coordination with Edison on undergrounding and relocation timing will affect bid schedules for the contractor.

Council and staff framed the vote as an effort to expedite a long-delayed safety improvement while preserving the legal process required before any forced acquisition.

The council approved the motion; staff will return with the appraisal and, if appropriate, a resolution of necessity for council consideration.