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HomeMy WebLinkAboutStaff Report 3.F 6/16/2014(E) DATE: June 16, 2014 Im FROM Honorable Mayor and Members of the City Council through City Manager Dan St. John, F.ASCE — Director, Public Works and Utilities Curt Bates, P.E. — City Engineer SUBJECT: Second Reading of Ordinance Authorizing the City Manager to Purchase and Accept Permanent and Temporary Construction Easements from Sonoma Marin Area Rail Transit (SMART) for the Purposes of Construction, Re -Constriction, Operation, Repair and Maintenance of a Sheet Pile Wall Extension, Flood Control Improvements and Related Improvements for the Petaluma River Flood Control Project. RECOMMENDATION It is recommended that the City Council adopt an ordinance authorizing the City Manager to Purchase and accept permanent and temporary construction easements from Sonoma Marin Area Rail Transit (SMART) for the purposes of construction, re -construction, operation, repair and maintenance of a sheet pile wall extension, flood control improvements and related improvements for the Petaluma River flood control project. BACKGROUND AND DISCUSSION On June 2, 2014, the City Council approved the first reading of an ordinance authorizing the City Manager to purchase and accept the easements required to complete the sheet pile wall extension. The Council approved the ordinance by a vote of 6-0, with Councilmember Miller absent. The recommended action provides for second reading and adoption of the ordinance. The staff report for the first reading of this item at the June 2, 2014 Council meeting is provided in attachment 2 for further background information. FINANCIAL IMPACTS The total valuation of the easements was agreed to be $25,000 as indicated herein. Funding for the easements is through the Petaluma River Flood Control Project Payran Reach United States Army Corps of Engineers —City Project Number Cl 6301307. The City is required to provide the requisite land and has sufficient finding from the Storni Water Impact Fee fund to purchase the easement. Agenda Review: City Attorney Finance Director City Manager I ATTACHMENTS 1. Ordinance 2. Staff Report of First Reading from June 2, 2014 City Council Meeting Attachment 1 ORDINANCE AUTHORIZING THE CITY MANAGER TO PURCHASE AND ACCEPT PERMANENT AND TEMPORARY CONSTRUCTION EASEMENTS FROM THE SONOMA MARIN AREA RAIL TRANSIT DISTRICT (SMART) FOR THE PURPOSES OF CONSTRUCTION, RE -CONSTRUCTION, OPERATION, REPAIR AND MAINTENANCE OF A SHEET PILE WALL EXTENSION, FLOOD CONTROL IMPROVEMENTS AND RELATED IMPROVEMENTS FOR THE PETALUMA RIVER FLOOD CONTROL PROJECT. WHEREAS, the City of Petaluma and United States Army Corps of Engineers desires to complete the remaining components of work on the Petaluma River Flood Control Project, including the sheet pile wall extension upstream of the Lakeville Street Bridge ("Sheet Pile Wall Project"); and WHEREAS, to construct the Sheet Pile Wall Project, it is necessary for the City of Petaluma to acquire and purchase permanent and temporary construction easements on property owned in fee title by the Sonoma Marin Area Rail Transit District (SMART), said property identified as Assessor Parcel Number 006-051-073, and the easement grant deed, legal descriptions and plats as shown in Exhibit A to this ordinance; and WHEREAS, by Resolution 95-242 N.C.S. adopted on September 5, 1995 the Petaluma City Council certified an Environmental Impact Report for the Petaluma River Flood Control Project, including the Sheet Pile Wall Project, in accordance with the requirements of the California Environmental Quality Act ("CEQA"); and WHEREAS, Section 46 of the Petaluma City Charter requires that actions providing for specific improvements or the appropriation or expenditure of any public money totaling $3,000.00 or more for the appropriation, acquisition, sale or lease of real property, must be taken by ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: The City Council hereby approves the acquisition and purchase of permanent and temporary construction easements on property owned in fee title by the Sonoma Marin Area Rail Transit District (SMART), said property identified as Assessor Parcel Number 006-051-073, and the easement grant deed, legal descriptions and plats as shown in Exhibit A which is attached to and made a part of this ordinance. 2. The City Manager is hereby authorized and directed to purchase, accept and record in the Sonoma County Recorder's Office said easements on behalf of the Petaluma City Council. 4 DATE: June 2, 2014 Attachment 2 TO: Honorable Mayor and Members of the City Council through City Manager FROM: Dan St. John, F.ASCE — Director, Public Works and Utilities Curt Bates, P.E. — City Engineer SUBJECT: Introduction of Ordinance Authorizing the City Manager to Purchase and Accept Permanent and Temporary Construction Easements from Sonoma Marin Area Rail Transit (SMART) for the Purposes of Construction, Re -Construction, Operation, Repair and Maintenance of a Sheet Pile Wall Extension, Flood Control Improvements and Related Improvements for the Petaluma River Flood Control Project. RECOMMENDATION It is recommended that the City Council introduce an ordinance authorizing the City Manager to Purchase and accept permanent and temporary construction easements from Sonoma Marin Area Rail Transit (SMART) for the purposes of construction, re -construction, operation, repair and maintenance of a sheet pile wall extension, flood control improvements and related improvements for the Petaluma River flood control project. The City of Petaluma and United States Army Corps of Engineers (USACOE) have completed the majority of the Petaluma River Flood Control project in the Payran Street neighborhood. There are three sections of construction work that need to be completed prior to the USACOE certifying the project as fully complete. Sections of remaining work include the sheet pile channel wall upstream of the SMART railroad bridge, sheetpile cap repair, minor slide (northwest bank) repair upstream of the railroad bridge, and repair of the San Carlos outfall. The minor slide repair and the San Carlos outfall repair are needed to correct damage done in the 2005 flood event. The sheetpile cap repair will address the loosening of the cap on the existing sheetpile wall sections; they are to reduce incidences of trespass on the sheetpile wall and not part of the designed flood protection. The focus of this action is the sheet pile chamiel wall wort: upstream of the Lakeville Street Railroad Bridge. Compliance with the California Environmental Quality Act ("CEQA") for the Agenda Review: City Attorney Finance Director City Manager 5 Petaluma River Flood Control Project was accomplished pursuant to a Final Environmental Impact Report certified on September 5, 1995 by adoption of Resolution No. 95-242 N.C.S. Accordingly, environmental review of the sheet pile channel wall work for which easements are to be acquired pursuant to this action has already been completed. The proposed item meets Council Goal: "Maintain a safe Petaluma'. Construction of sheet pile walls and tie back systems are required on the southeast bank of the Petaluma River as part of the flood control project, adjacent to and upstream of the Lakeville Street railroad bridge. At the time of original construction, the railroad bridge had not yet been replaced so tie in of the sheetpile walls to the new bridge is now needed. Permanent and temporary construction easements are required on both sides of the river in order to build, operate and maintain the sheet pile walls and basil: stabilization improvements. In May 2011, City staff hired commercial real estate appraiser Fred L. Hardeastle (California State Certification No. AG05288), to assess the valuation of the easements. The total valuation for the two temporary construction easements and two permanent easements was determined to be $19,600. In August of 2011, representatives from SMART contracted with Tattersall and Company to prepare a separate appraisal of the easements, the value of which was determined to be $30,016. After negotiations, the City and SMART agreed on a total valuation of $25,000 for all four easements. FINANCIAL IMPACTS The total valuation of the easements was agreed to be $25,000 as indicated herein. Funding for the easements is through the Petaluma River Flood Control Project Payran Reach United States Army Corps of Engineers —City Project Number C16301307. The City is required to provide the requisite land and has sufficient funding from the Storm Water Impact Fee find to purchase the easement. ATTACHMENTS 1. Ordinance 6 ORDINANCE AUTHORIZING THE CITY MANAGER TO PURCHASE AND ACCEPT PERMANENT AND TEMPORARY CONSTRUCTION EASEMENTS FROM THE SONOMA MARIN AREA RAIL TRANSIT DISTRICT (SMART) FOR THE PURPOSES OF CONSTRUCTION, RE -CONSTRUCTION, OPERATION, REPAIR AND MAINTENANCE OF A SHEET PILE WALL EXTENSION, FLOOD CONTROL IMPROVEMENTS AND RELATED IMPROVEMENTS FOR THE PETALUMA RIVER FLOOD CONTROL PROJECT. WHEREAS, the City of Petaluma and United States Anny Corps of Engineers desires to complete the remaining components of work on the Petaluma River Flood Control Project, including the sheet pile wall extension upstream of the Lakeville Street Bridge ("Sheet Pile Wall Project"); and WHEREAS, to construct the Sheet Pile Wall Project, it is necessary for the City of Petaluma to acquire and purchase permanent and temporary construction easements on property owned in fee title by the Sonoma Marin Area Rail Transit District (SMART), said property identified as Assessor Parcel Number 006-051-073, and the easement grant deed, legal descriptions and plats as shown in Exhibit A to this ordinance; and WHEREAS, by Resolution 95-242 N.C.S. adopted on September 5, 1995 the Petaluma City Council certified an Environmental Impact Report for the Petaluma River Flood Control Project, including the Sheet Pile Wall Project, in accordance with the requirements of the California Environmental Quality Act ("CEQA" ); and WHEREAS, Section 46 of the Petaluma City Charter requires that actions providing for specific improvements or the appropriation or expenditure of any public money totaling $3,000.00 or more for the appropriation, acquisition, sale or lease of real property, must be taken by ordinance; 7 NOW, THEREFORE, BE 1T ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: The City Council hereby approves the acquisition and purchase of permanent and temporary construction easements on property owned in fee title by the Sonoma Marin Area Rail Transit District (SMART), said property identified as Assessor Parcel Number 006-051-073, and the easement grant deed, legal descriptions and plats as shown in Exhibit A which is attached to and made a part of this ordinance. 2. The City Manager is hereby authorized and directed to purchase, accept and record in the Sonoma County Recorder's Office said easements on behalf of the Petaluma City Council.