Title
Facilities, a division of the Chief Administrative Office, recommending the Board:
1) Approve and authorize the Chair to sign retroactive Agreement 10238 with the State of California Department of Transportation in the amount of $66,600 to be paid to the County for a Drainage Easement on Property described as Parcel Number 38837-3 & 5 and the Temporary Construction Easement on the properties described as Parcel Numbers 38837-1, 2, 4, & 6 in South Lake Tahoe; and
2) Terminate Agreement 9766 with the State of California Department of Transportation upon execution of the updated Agreement.
FUNDING: N/A
Body
DISCUSSION / BACKGROUND
The California Department of Transportation (Caltrans) is proposing a project in El Dorado County for State highway drainage purposes, a public use for which Caltrans has the authority to exercise the power of eminent domain. The County's property, identified as Parcel Nos. 38837-1, 2,3, 4,5, 6, are within the project area and are needed for the State’s project. Caltrans is interested in acquiring a Drainage Easement and a Temporary Construction Easement (TCE) needed for construction of the public improvement.
In October and December 2025, the Board approved Legistar files 25-1347 and 25-1840, authorizing a Temporary Construction Easement (TCE) with the State of California Department of Transportation under Agreement 9766 for a 32-month term. Following approval, Caltrans notified the County that the project start date would be delayed and requested an additional 12 months be added to the easement term, along with an adjustment to the compensation amount. During preparation of the amendment, it was discovered that Agreement 9766 had not been fully executed, as one of the required Caltrans signatures had not been obtained. As a result, the parties agreed to prepare a new Temporary Construction Easement (TCE) reflecting the updated 44-month term and revised fair market value compensation. The original compensation amount of $55,900 has been updated to $66,600 in the new agreement.
The term for Caltrans' possession and use of the TCE will be for a period of 44 months commencing on April 16, 2026, and terminating on December 16, 2029. If the parcels are no longer necessary for construction purposes, the agreement may be terminated early by Caltrans upon written notice to the County. The State is offering to pay the County $66,600 in Fair Market Value Just Compensation for the timely signing of the TCE.
ALTERNATIVES
The Board could deny the State the TCE and the County would not receive the compensation.
PRIOR BOARD ACTION
Legistar file 25-1347 - October 21, 2025 - Board approval and authorization for the Chair to sign Agreement 9766 with the State of California Department of Transportation
Legistar file 25-1840 - December 9, 2025 - Board approval and authorization for the Chair to sign Easement Deed to be added to Agreement 9766 with the State of California Department of Transportation.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel
City of South Lake Tahoe
Procurement and Contracts
CAO RECOMMENDATION / COMMENTS
Approve as recommended.
FINANCIAL IMPACT
The County would receive a payment from the State in the amount of $66,600 in Fair Market Value Just Compensation which will be deposited into the Facilities Maintenance budget.
CLERK OF THE BOARD FOLLOW UP ACTIONS
Obtain the Chair's signature on one original, filling in the location (Placerville) and signature date on page 1 of the Agreement and deliver to Ross Garner in Procurement and Contracts.
STRATEGIC PLAN COMPONENT
N/A
CONTACT
Chuck Harrell, Facilities Division Manager