The requested action will authorize site selection for this project. Scope Description
This project is within scope. The Legislature has approved funding for land acquisition pursuant to Section 66907 of the Government Code, which includes the purchase of real property or interests therein for the purpose of enhancing public access to Lake Tahoe and to provide a site for possible stream environment zone (SEZ) restoration. This request will authorize site selection of a rectangular-shaped parcel containing approximately 0.23 acres located on the shoreline of Lake Tahoe.
Funding and Cost Verification This project is within cost. Chapter 157, Budget Act of 2003, Items 3125-301-0005(1) and 3125-301-0005(3), provide $5,500,000 between the two appropriations for the acquisition of land or interests therein, as well as for site improvements, related to Public Access & Recreation and Stream Environment Zone & Watershed Restoration. The property interest can be acquired with the funds available and in accordance with Legislative intent.
A Notice of Exemption was filed with the State Clearinghouse on June 1, 2005, and the waiting period expired on July 5, 2005.
Condition of Property
Department of General Services, Environmental Services Section (ESS) staff conducted a site visit to the Secline Beach Access property on May 31, 2005. The 0.23-acre parcel is located near the intersection of Highways 267 and 28 in Kings Beach, Placer County, California. The parcel is designated as Lot 14, Block "S" in the WoodVista Subdivision. Lot 14 (APN 117-180-038) is developed and partially covered with asphalt paving. Improvements on the parcel include two conex (metal) storage boxes, a single-story wood building housing Bervid Custom Building and the Sweetbriar Development Company, and a small free standing wooden outdoor shed. In addition to the improvements on the parcel, there is a canoe/kayak storage frame containing six or seven water craft, possible creosote treated ties, other wood piled up against the west side of the building, a pile of metal debris, a metal streetlight fixture, and two partially buried 1-inch PVC pipes running north/south toward the lake. A wooden box containing two cameras with a coaxial cable and two wires running into the fifth window of the building was observed in a pine tree behind the building. The cameras were aimed toward the beach area of the property.
A Phase I Environmental Site Assessment report was not available. Tahoe Conservancy staff has indicated that as a condition of the escrow, the current property owners are required to demolish the existing improvements and remove all personal property. At the time of demolition, a state inspector will be present to determine if any discolored soils are unearthed during the demolition activities. If obvious discolored soils are observed, the Grantor will be required to remediate the soil to the state's satisfaction. In addition, the Grantor will indemnify the state against any liabilities associated with hazardous materials, if found, for which they are responsible. No potential problems with hazardous materials, e.g., ground and/or vegetation staining were observed during the ESS site visit and the property is compatible with the proposed future use
The project schedule is as follows:
The anticipated close of escrow is September 2005.
The purchase price shall not exceed estimated fair market value as determined by a DGS approved appraisal. DGS staff estimates the appraisal to be $700,000.
The California Tahoe Conservancy (CTC) is not aware of any lawsuits pending concerning the property. The property acquisition agreement will require delivery of title to the property free and clear of any mortgages or liens.
The property is currently improved with one concrete block duplex building, two small sheds and a paved parking area. The duplex is occupied on one side by a commercial tenant and the other side by a residential tenant and the parking lot is used to store construction equipment. The plan is to clear the site of all existing improvements and improve the property for use by the pubic as beach access. DGS will prepare a relocation plan and entitlement report to determine relocation benefits prior to acquisition approval by PWB.
The site is currently a fenced private property and the existence of any implied dedication claim for access by the public from the road to the beach is not considered detrimental since beach access is the proposed use. Further there is no evidence that all of the rights for a prescriptive rights claim, including hostile and notorious use to the exclusion of all others, have been made, let alone perfected by any potential claimant. As such, and because the property will have public access, staff does not feel this is or will be an issue to the state.
CTC may, after acquisition, perform additional site restoration work. Once this work is completed under CTC's established budget for such work, CTC's ongoing management obligation will be limited to managing the property for passive public access use, at an estimated cost of between $1,000 and $2,000 annually.
The subject property is accessible from Highway 28 and is located near the intersection of Highway 267 in Placer County.