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HomeMy WebLinkAbout10/15/2008 - STAFF REPORTS - 2.L. ;�f 7 pLM SA4 fy C u n <lFORN� CITY COUNCIL STAFF REPORT October 15, 2008 CONSENT CALENDAR Subject: ACQUISITION OF RIGHT-OF-WAY FOR THE INDIAN CANYON DRIVE / INTERSTATE 10 INTERCHANGE WIDENING PROJECT From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department SUMMARY On October 3, 2007, the City and Caltrans entered into an agreement related to the design and right-of-way phases of the Indian Canyon Drive/Interstate 10 Interchange Project (City Project No. 00-14). Under the terms of the Agreement, the City is responsible for acquiring all necessary right-of-way on behalf of Caltrans for the project. 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 INDIAN CANYON DRIVE/INTERSTATE 10 INTERCHANGE PROJECT (CITY PROJECT NO. 00-14, CALTRANS EA 455700)." STAFF ANALYSIS: An original Cooperative Agreement between the City and Caltrans for the Indian Canyon Drive/Interstate 10 Interchange Project (City Project No. 00-14) was approved by City Council on December 5, 2001. The original agreement outlined responsibilities of Caltrans and the City during the design phase of the project. Amendment No. 1 to the agreement was approved by City Council on December 6, 2006, to extend the term of the agreement to December 31, 2008. Caltrans prepared Amendment No. 2 to the agreement, which essentially restated the entire agreement to address new Caltrans responsibilities associated with the design and right-of-way phases. Since the City has completed the environmental phase of the Item No. 2 L Indian Canyon Drive/Interstate 10 Project October 15,2008 Page 2 project, and obtained formal CEQA/NEPA approvals, the right-of-way appraisals and acquisition process are underway. Whereas prior environmental and design services costs were funded by the City and CVAG, Caltrans is providing $3,383,000 in state Regional Improvement Plan (RIP) funding for the right-of-way phase. On June 4, 2008, the City Council approved Amendment No. 1 to Agreement No. 5090 with the County of Riverside, to provide right-of-way acquisition services on behalf of the City for this project. Therefore, Riverside County, acting on behalf of the City, is pursuing acquisition of required right-of-way for this project, in coordination with Caltrans. This project involves acquiring right-of-way from 29 different parcels owned by 15 different property owners. Appraisals have been completed and offers to acquire right- of-way have been presented to all of the owners. The County has forwarded to the City the first of what will be many approved settlements, an acquisition of a temporary construction easement to allow for reconstruction of Garnet Avenue. The appraised value of the temporary construction easement was $5,820. As this project is a locally funded State Highway Project, and the right-of-way being acquired is on behalf of and for the state of California, specifically the Department of Transportation (Caltrans), Caltrans assumes complete oversight of the right-of-way acquisition process, including: approval of the right-of-way agent (in this case, Riverside County on behalf of the City), approval of appraisal and fair market value, approval of all notices and offer letters, and approval to acquire. The City, being the lead agency for this project, is acting merely as the conduit for acquisition of the right-of- way for Caltrans in order to construct the widened Interchange. Therefore, it is staffs recommendation that the City Council make appropriate findings and authorize the City Manager to acquire the various parcels of right-of-way or temporary construction easements for the Indian Canyon Drive/Interstate 10 Interchange Project (City Project No. 00-14), in conformance with the City Charter and Title 7 "Procurement and Contracting". The final negotiated price of the various easements and rights-of-way will vary, but will range from as low as $1,000 to $1,700,000. The intent of staffs recommendation is to avoid the administrative burden of bringing each individual acquisition with a negotiated settlement in excess of $25,000 ` to the City Council for approval as they are received; and to ensure that right-of-way acquisition for this project is unimpeded and streamlined. FISCAL IMPACT: The City Council's blanket authorization for the City Manager to acquire on behalf of the City Council all right-of-way for Caltrans related to the Indian Canyon Drive/Interstate 10 Interchange Project, will authorize the expenditure of funds for right-of-way currently estimated at approximately $2,500,000. Pursuant to the agreement with Caltrans, the state has encumbered $3,383,000 in state Regional Improvement Plan (RIP) funds for acquisition of right-of-way for this project. Indian Canyon Drive/Interstate 10 Project October 15,2008 Page 3 SUBMITTED: David J. Barakian Thomas J. Wils Director of Public Works/City Engineer Assistant City Manager David H. Ready, Cj agg ATTACHMENTS: 1. Resolution ATTACHMENT 1 RESOLUTION 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 INDIAN CANYON DRIVE I INTERSTATE 10 INTERCHANGE PROJECT (CITY PROJECT NO. 00-14, CALTRANS EA 455700) WHEREAS, the City of Palm Springs ("City"), in cooperation with the state of California, acting by and through its Department of Transportation ("Caltrans"), has proposed to widen Indian Canyon Drive on both sides of Interstate 10 (I-10) near the interchange, to widen and relocate existing ramps and to replace the existing overcrossing structure on 1-10 at Indian Canyon Drive, City Project No. 00-14, Caltrans Project EA 4,95700, a local public agency project on the State Highway System, ("Project"); and WHEREAS, on October 3, 2007, the City approved Amendment No. 2 to City Agreement No. 4429, Caltrans Agreement No. 8-1165, a Cooperative Agreement regarding the preliminary engineering, design, and all right-of-way activities associated with the Project ("Agreement"); and WHEREAS, Section 2, Item 3, of the Agreement obligates Caltrans to cover the costs of all right-of-way acquisition for the Project, up to the amount of$3,383,000 and states: To deposit with CITY within twenty-five (25) days of receipt of billing therefor, the amount of $3,383,000, which figure represents STATE's lump sum total not to exceed amount for Right of Way capital support costs for 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 the Agreement, the City shall acquire and furnish all right of way, if any, outside of the existing State Highway System right of way 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 Resolution No. Page 2 approved by the City Council and within the monetary limits established by the City Council; as provided in Section 318 of 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. 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 Indian Canyon Drive/Interstate 10 Interchange, City Project No. 00-14, Caltrans Project EA 455700. 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 15th day of October, 2008. David H. Ready, City Manager ATTEST: James Thompson, City Clerk Resolution No. Page 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) 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 October 15, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN. James Thompson, City Clerk City of Palm Springs, California