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Home My WebLink About9/17/2014 - STAFF REPORTS - 2.B. �oF P a�M sPq iy a Y N oS c'44 FOM1N,P' CITY COUNCIL STAFF REPORT September 17, 2014 CONSENT CALENDAR Subject: ACQUISITION OF RIGHT-OF-WAY FOR THE SOUTH PALM CANYON DRAINAGE IMPROVEMENT PROJECT, FEDERAL-AID PROJECT NO. BR-NBIL (502), CITY PROJECT NO. 06-18 From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department SUMMARY The City is ready to proceed in acquiring all necessary right-of-way for the South Palm Canyon Drainage Improvement Project, Federal Aid Project No. BR-NBIL (502), City Project No. 06-18. The recommended action will allow the City Manager to approve the acquisition of individual segments of right-of-way as negotiations are settled with different property owners. RECOMMENDATION: 1) Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO APPROVE THE ACQUISITION OF RIGHT-OF-WAY FOR THE SOUTH PALM CANYON DRAINAGE IMPROVEMENT PROJECT, FPN BR-NBIL (502), CITY PROJECT NO. 06-18. STAFF ANALYSIS: The City has completed the environmental phase of the project, and obtained formal California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) approvals, the acquisition process is now underway. On May 23, 2012 Caltrans issued an E-76, authorizing federal funding for the right-of- way phase of the project. For the last two years, the City has worked on the right of way phase and has determined the necessary right of way for the project and is now ready to present offer letters to the various property owners. This project involves acquiring right-of-way and/or temporary construction easement from 3 different parcels owned by EC Land Holdings and US Department of ITEM NO. City Council Staff Report September 17,2014—Page 2 Acquisition of Right of Way for South Palm Canyon Drainage Improvement Project, CP 06-18 Interior/Bureau of Indian Affairs (BIA). Appraisals have been completed and offers to acquire right-of-way will be presented to all of the owners. A fourth parcel, APN 513- 460-032 for a temporary construction easement, will be handled through the BIA at no cost to the City. Therefore, it is staff's recommendation that the City Council authorize the City Manager to acquire the various parcels of right-of-way and/or temporary construction easements for the South Palm Canyon Drainage Improvement Project (City Project No. 06-18), in conformance with the City Charter and Title 7 "Procurement and Contracting". FISCAL IMPACT: The total appraised value is $126,336, but the final negotiated price of the various easements and rights-of-way will vary. Funds are available in account numbers 261- 4491-50221 (88.53%) and 133-4298-50221 (11.47%) SUBMITTED: Prepared by: Recommended by: / %ZI _ Savat Khamphou David J. Barakian Assistant Director of Public Works/ Director of Public Works/City Engineer Assistant City Engineer Approved by: David H. Ready, City Attachments: 1. Resolution 2. Vicinity Map 3. Project Location Map 4. Right of Way Impact Exhibit 02 ATTACHMENT RESOLUTION 03 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO APPROVE THE ACQUISITION OF RIGHT- OF-WAY FOR THE SOUTH PALM CANYON DRAINAGE IMPROVEMENT PROJECT, FEDERAL AID PROJECT NO. BR-NBIL (502), CITY PROJECT NO. 06-18 WHEREAS, the City of Palm Springs ("City"), has proposed to construct a 4-lane bridge to replace a low water crossing on South Palm Canyon Drive over the Arenas Canyon South Drain Canal in Palm Springs, Federal Aid Project No. BR-NBIL (502), City Project No. 06-18, a local public agency project, ("Project"); and WHEREAS, the Project requires the acquisition of various parcels of permanent right-of- way and temporary easements, from a variety of different property owners; and WHEREAS, pursuant to the terms of a Master Agreement No. 08-5282R, the City shall acquire and furnish all right of way, if any, and to perform all right of way activities, including all eminent domain activities, if necessary, in accordance with procedures acceptable to Caltrans, in compliance with all applicable State and Federal laws and regulations; and WHEREAS, Caltrans is performing complete oversight of the City's right-of-way activities for the Project, in accordance with its own procedures and all applicable State and Federal laws and regulations; and WHEREAS, Title 7 "Procurement and Contracting" of the Palm Springs Municipal Code, ("Code'), established procedures for the procurement of supplies, services, and construction of public projects, and defined the authority for the procurement function including signatory authority for purchase orders and written contracts which bind the City for the acquisition of equipment, supplies, labor or services within the budget approved by the City Council and within the monetary limits established by the City Council; as provided in Section 318 the City Charter; and WHEREAS, Section 318 of the City Charter allows the City Council by Resolution to authorize the City Manager to bind the City, with or without a written contract, including by purchase order, for the acquisition of equipment, materials, supplies, labor, services or other items included within the budget approved by the City Council, and may impose a monetary limit upon such authority; and WHERAS, the public's interest is best served by implementing a streamlined process for the acquisition of right-of-way and easements for the Project, whereby the City Council authorizes the City Manager to acquire any and all right-of-way and easements for the Project pursuant to the terms of the Agreement. 04 Resolution No. Page 2 THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council hereby authorizes the City Manager to approve any and all agreements for the acquisition of permanent right-of-way or temporary easements, as the case may be, for the South Palm Canyon Drainage Improvement Project, Federal Aid Project No. BR-NBIL (502) City Project No. 06-18. Section 2. The City Manager may designate the Director of Public Works/City Engineer, or his designee, to execute and process any and all escrow documents or other forms on behalf of the City Manager, as may be necessary to facilitate the transfer of property, subject to the approval of the City Attorney. ADOPTED THIS 17th day of September, 2014. David H. Ready, City Manager ATTEST: James Thompson, City Clerk 05 Resolution No. Page 3 CERTIFICATION STATE OF CALIFORNIA ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on September 17, 2014, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California 106 De art Hot Springs F reSnO Joshua Tree National Parii Las VJe`gas Patin Springs ' m 1 r sill, San Di' 'go 0 ,W .,; _ Mks 111 Palm Igs Cathedral City Tho nd Palms Mt San Jacinto State Park " Project Vicinity Ra •ho Mirage Idyllwild-Pine Cove E 6 m San Bernardino National Forest Palm Des rl U m E R yq N �9 Source ESRI2008,Dokken Engineering 04/2sW10,Orealed Sy.K.Smith FIGURE 1 PROJECT VICINITY e 08-RIV-S.Palm Canyon Drive-PM 10.6 Federal Project No.NBIL(502) South Palm Canyon Drive Bridge Project 0 1 2 3 4 5 Miles Palm Springs,Riverside County,California 11a0 OCCURS CIO 35 Project Location r �; COMRATS I' N D I A l n 1 J ' r � r E 'R,-IV A T I i uatlrenglea; n Eiginaenna 010;Ueaten By:K.SrniN FIGURE 2 PROJECT LOCATION 08-RIV-S.Palm Canyon Drive-PM 10.6 19 Federal Project No.NBIL(502) D 0.25 0.5 0.75 1 South Palm Canyon Drive Bridge Project Miles Palm Springs,Riverside County,California 08 NV \\\ IM \a w\oo IN �� OWNS .r• . r i