HomeMy WebLinkAboutAgenda Bill 08.A 02/24/20030
CITY OF PETALUMA, CALIFORNIA
AGENDA BILL
Agenda Title:,
Meeting Date:
Introduce;; Ordinance authorizing City Manager to complete all
necessary transactions for the' purchase of the Banker and Amaral
properties, Industrial Avenue (A.P. Nos. 150-020-017, '150-020-
24 February 2003
018,, and 048-080-029) pursuant to direction from City Council, set
forth in Resolution #2002-015 N.C.S., adopted January 7, 2002..
Departments:
Director:
Contact Per ons
Phone Number:
General Plan Admin. and
Pamel P
Pamela Tu
(707) 778-4552
Parks &Recreation
Jim C
J m. Carr
(707) 778-4380
Cost of Proposal: A State of alifornia Department of Water
Account Number:
Resources, Urban Streams Restoration Program Grant in the
Not applicable at this time
amount of $992,798 is funding the purchase and restoration of
Name of Fund:
these properties Jestimated land purchase price $782,760).
Options for' funding of matching:
Matching funds for future flood reduction and river
City Parks Development Fund;
enhancement/restoration work ($138;901) will be proposed for
Storm Drainage Impact fees; Zone
funding in the 2003-04 budgets.
2A funds and/or Redevelopment
Amount Budgeted:
funds.
None at this time
Attachments to Agenda Packet Item -
1. Resolution of Support' for Urban Streams Restoration Grant application and authorization to
execute: contracts, adopted January 7, 2002.
II. Location Map
III. Budget Exhibit (excerpt from grant contract documents).
IV. Ordinance
Summary Statement:
City Council is requested to introduce an Ordinance to 'authorize the completion of the acquisition
process for the Banker and Amaral properties as directed by Council action on January 7, 2002
(Resolution #2002-015, copy attached). The State Water Resources Department — Urban Streams
Restoration Program has awarded the City a $922,798 grant for the purchase and restoration of the
Banker and Amaral Properties in accordance with the River Access and Enhancement Plan. The 5.79 -
acre properties are located on the west side of Industrial. Avenue, north of Corona Road (see attached
exhibit II). The grant application. was filed in partnership with the Petaluma Watershed Partnership. The
City completed the purchase of the Grange property, immediately to the north of the subject property,
through grant funds in February 2002.
Council Priority: THIS AGENDA ITEM IS CONSIDERED TO BE PART OF OR NECESSARY TO ONE OR
� �
MORE OF THE 1999-2000 PRIORITIESESTABLISHED By THE CITY COUNCIL ON JANUARY 30, 1999
AND MARCH "18, 2000.
Priority,(s): Implementation of River Access and Enhancement Plan
Recommended City Council Action/Suggested Motion:
Introduce Ordinance authorizing City Manager to complete all necessary transactions for the purchase of
the Banker and Amaral properties, Industrial Avenue (A.P. Nos. 150-020-017, 150-020-018, and 048-
080-029).
Reviewed b Finance Director:
Rev*ewxA64wk0tvtorne :
APvrovq4,,hv City Manager:
Date:
Date:
i + I
da 's Date:
Revision # and Date Revised;File
Code:
#
.23 January 2003
H:pt/River/Banker-Amaral\CC authorize purchase ,
022403.doc
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CITY OF FETA][: UMA, CALIFORNIA
24 FEBRUARY 2003
AGENDA REPORT
FOR
Ordinance authorizing, City Manager -to complete all necessary transactions
for the purchase of the Banker and Amaral properties, Industrial Avenue
(A.P. Nos. 150-020-017, 150-020-018, and 048-080-029)
EXECUTIVE SUMMARY:
City Council is requested to introduce an. Ordinance to authorize the completion of the
acquisition process for the Banker and Amaral properties as directed by Council action
on January 7, 2002 (Resolution #2002-015, copy attached). The State Water Resources
Department — Urban Streams Restoration Program has awarded the City a $922,798 grant
for the purchase and restoration of the Banker and Amaral Properties in accordance with
the River Access' and Enhancement ' Plan. The 5.79 -acre Banker -Amaral Property is
located on the west side of Industrial Avenue, north of Corona Road (see attached exhibit
II). The grant application was filed in partnership .with the Petaluma Watershed
Partnership. The City completed the.purchase of the Grange property, immediately to the
north of the subject property, through grant funds in February 2002.
2. BACKGROUND:
On January 7, 2002 the City Council adopted Resolution 2002-015, which authorized the
submittal of a joint application, with the Petaluma Watershed Foundation, for a State
Department of Water Resources Urban Streams Restoration Program grant. The grant
application was completed and submitted on behalf of the City of Petaluma by The Trust
for Public Land. Subsequent to being notified of the award of the grant, last November,
we have been working on completing the required appraisals and execution of grant
contract documents with the State Department of Water Resources.
The Agreement of Sale from the Trust for Public Land will be executed in early February
2003'. TPL will then exercise their options to purchase the parcels and will initiate two
three-way escrows with TPL, Banker/Amaral and the City. In that process, TPL will
deed the property to the City at the same time as they receive dedication of the land from
the sellers. The' cost of the land will not exceed the anticipated acquisition costs in the
approved budget'of $782,760 (attachment III).
The State Office of Real Estate is currently reviewing the appraisal of the parcels,
conducted iii May (Banker) and October (Amaral) 2002. Their approval of the appraisals
® will allow the Department of Water Resources to execute the Contract for Grant Funds
between the City and the State DWR. A request for payment direct to the escrow
P- t' 9
Banker -Amaral Pro er Ac uisition February 24, 2003
Page 2
company, for the escrow costs (purchase of land, title report, escrow fees, etc.) will be .
submitted upon completion of the appraisal. review and execution of the contract by the
State. Therefore the Agreement of Sale with TPL calls for closure of escrow no later
than March 28, 2003.
ALTERNATIVES:
A. Introduce Ordinance, and subsequently adopt Ordinance; as requested byCity
Management.
B. Continue the action to a:specific date; provide specific alternative direction to
City Management regarding purchase of Banker and Amaral properties.
4. FINANCIAL_IMPACTS:
The City has been awarded a grant in the amount of $:922,798 to purchase the Banker and
Amaral properties and begin 'the restoration and enhancement effort called for in the
adoptedRiver Access and Enhancement Plan. Upon completion of the creationand
calibration of the XP-SWIVIlVI model in conjunction with the General Plan 2004-2025 and
the Storm ,Drainage Master. Plan, City Management will begin the preparation of a
specific improvement plan in anticipation of site, improvements for all four .City -owned
properties on Industrial Avenue being initiated in the spring of 2004. We will also work
with the property owners directly upstream of the City property to assess possible
improvements on their properties for further reduce localized flooding and property
damage.
The matching funds; $138,901 will be included in the 2003-2004 budgets of the storm
drainage, park development, and/or the redevelopment agency. A fourth option of
requesting Zone 2A participation in the project has been discussed with the Zone '2A
Advisory Committee, who has indicated interest in receiving additional details on the
proj ect.
CONCLUSION:
Introduction, and subsequent adoption, ofthe Ordinance will allow the purchase of the
Banker and Amaral properties through ,grant funds and will allow the implementation of
the River Access and. Enhancement Plan and flood reduction improvements in the
northwestern section of the City.
6. OUTCOMES :OR PERFORMANCE MEASUREMENTS THAT .WILL IDENTIFY SUCCESSOR
COMPLETION:
Purchase of the riverfront properties and implementation of the River Access and.
Enhancement Plan riverfront improvements .for a stretch of riverfront upstream of Corona
Road.
Banker -Amaral Property Acquisition February 24, 2003
Page 3
401.
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7. RECOMMENDATION:
Introduce Ordinance authorizing City.Manager to complete all necessary transactions for
the purchase 'of the. Banker and Amaral properties, Industrial Avenue (A.P. Nos. 150-
020-017, 150_020-018, and 048-080-029).
Attachments: I. Resolution of Support for Urban Streams Restoration Grant application and
authorization to execute contract, adopted January 7, 2002.
II. Location Map
III. Budget Exhibit (excerpt from grant contract documents).
IV. Ordinance
H:pt/River Plan/Banker AmaraACC authorize purchase 022403.doc
Banker -Amaral Property Acquisition February 24, 2003
Page 4
Resolution No. 2002-015N.C.S.
of the City. of Petaluma:, California
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6 RESOLUTION AUTHORIZING THE CITY MANAGER TO
7 ENTER INTO DISCUSSIONS WITH
8 THE BANKER AND AMARAL PROPERTIES, INDUSTRIAL AVENUE,
9 FOR THE POTENTIAL PURCHASE OF ALL"OR A PORTION OF SAID PROPERTIES;
10 AUTHORIZING CITY MANAGER TO PURSUE GRANT FUNDS FOR
11 FUTURE ACQUISITION AND RESTORATION OF
12 ALL OR A PORTION OF THESE PROPERTIES', AND AUTHORIZING CITY MANAGER
13 TO COMPLETE ALL NECESSARY TRANSACTIONS FOR ACCEPTANCE OF
14 GRANT FUNDS
15
16
17 WHEREAS, the Grange Property acquisition is nearly complete;; and
18
19 WHEREAS, three additional vacant properties adjoining the Grange Property represent an opportunity
20 to increase the benefits of the Grange project by expanding its scope: to include these three downstream
�10 properties; and
23 WHEREAS, the benefits to the community in helping, to solve flooding and erosion problems,
24 improve habitat quality, and provide public access along the river warrants their acquisition; and
25
26 WHEREAS, the California Department. of Water. Resources; Division of Local Assistance, Urban
27 Streams Restoration Program has announced the availability of funds for grants; and
28
29 WHEREAS, said grants are intended to help solve flooding and erosion problems in a way that
30 . provides enviromnental enhancement; and
31
32 WHEREAS, the Petaluma Watershed Foundation and/or the Trust for Public Lands have proposed to
33 cosponsor a grant application with the Department of Water Resources and/or other funding agencies;
34 and
35.
2002-015
Resolution No. N.C.S.
S:\Duiven\CC\resolutiorns\banker and amaral.doc Page 1
1 WHEREAS, the City has concluded that the project of purchasing lands for the purpose of reducing
2 flooding and soil erosion, providing bank stabilization and riparian habitat restoration and
3 enhancementwith the use of grant funds would be environmentally beneficial _and categorically
4 exempt from requirements of the California, Environmental Quality Act (CEQA) under one or more of
5 the exemptions contained in Sections 15300-15329 of the CEQA Guidelines, specifically 'Class 16,
6 Transfer of Ownership of Land in Order to Create Parks, and Class 25, Transfer of Ownership of
7 Interest -,in Land'to Preserve Existing Natural Conditions; and
8
9• WHEREAS-, City management. has :reviewed this Phase II project with the funding agency and we
10 consider the prospects of receiving such a grant to be reasonably likely.
11
12 NOW, THEREFORE BE IT RESOLVED, we the City Council of the City of Petaluma, approve
13 efforts by City Management to acquire these properties.
14
15 NOW, THEREFOREBE IT FURTHER, RESOLVED, if the property owners are willing sellers, .
16 and if grants are offered for their acquisition, we authorize the City Manager to accept. grants and sign:
17 any contract for administration of the grant funds, Pamela Tuft, AICP; and Jim Carr to develop a work
18 pian for the project, and William Thomas to act as the fiscal agent
Under the power and authority conferred upon this. Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced' and adopted by .the Approved as to
Council, of t}18Tty of Petaluma of .(ligular) (Adj'ourned) (Special} meeting m
.. LLnn anu UG
on the ...............::.....:... day of .........:..... y..:............................., 20......, by the
71�CA r/'following vote:
torney
AYES: Cader-Thompson, , Maguire, O'Brien, Mayor Thompson, Torliatt
NOES: None
ABSENT:
Vice Mayor Healy ABSTAIN: Moynihan
AATTEST:.........................
......
City Clerlmd, CWMayor '
Council File
S:\Duiven\CC\resolutions\banker and a'maral.doc `"""N.G.S.
Res. No ........2002-01-5.......N.c:s. Page 2
. Exhibit B CITY OF''PETAL'UMA, CALIFORNIA
DWR URBAN.STREAMS RESTORATION PROGRAM
PROPOSED BUDGET FOR THE ACQUISITION & RESTORATION OF THE BANKERIAMARAL PROPERTIES
Task
UnitPrice
'Quantity
Units
Amount
DWR Grant
Match/In Kind Timellne
1. Real Estate (1)
TOTAL RESTORATION COSTS (Tasks 4,5 & 6)
$283,384
$144,483
$138,901
GRAND TOTAL (8)(9)(10)
$1,131,699
Amaral Property
$160,750
1.4
acres
$225;050
$225,050
$0 Winter 2003
Banker Property
$129,700
4.3
acres
$557,710
$557,710
$0 Winter 2003
Subtotal Task 1
$782,760
$782,760
$0
2. Labor
Consultant (Appraisal/Environmental, Closing Costs)
.$25,000
$25;000
$0 Spring 2002
City administration (2)
na
10% of restoration costs
$30,555
$30,555
$0 Spring 2003
Subtotal Task 2
$551-555
$55,555
$0
3. Permitting (3)
na
na
na
na
na
na Spring 2003
Monitoring/Public Outreach (4)
na
na
na
$10,000
$10,000
$0 Ongoing
Subtotal Task 3
$10;000
$10,000
$0
4. Construction
Trail (8' environmentally appropriate surface)
$27.00
900
LF
$24;300 .
$12,393
$11,907
Trail Enhancements
Spring 2003 -
Landscaping
$0.68
8000
SF
$5,440
$2,774
$2,666
Interpretive/educational facilities
$5;855:00
1
Allow up to
$5,855
$2,986
$2,869
Connecting trail (Industrial Avenue to river In
$27:00
150
LF
$4,050
$2,066
$1,984
Flood Terrace Restoration Zone
$0.76
81,000
SF
$61;560
$31,364
$30,196 Fall 2003
Subtotal Task 4
$101;205
$51,583
$49,622
5. Habitat Enhancement - Denman Reach (5)
Riparian Restoration
$13.60
900
LF
$12,240
$6,242
$5,996
Buffer Landscape (30' wide)
$0.68
27,000
SF
$18;360
$9,364
$8,996 Spring 2003 -
Channel & Aquatic Improvement
$81.61
900
LF
$73,449
$37,459
$35,990 Fall 2003
Subtotal Task 5
$104,049
$5.3,065
$50,984
Spring-
6. Bank Stabilization
$22.67
416
- LF
$9,431
$4,810
$4,621 Fall 20033
Subtotal Task 6
$9,431
$4;810
$4,621
Subtotal Restoration Costs (Tasks 4, 5 & 6)
$214;685
$109,458
$105,227
Total Construction' Costs $257;622 $131,349 $126,273
Plus Design, Specs, Plan Review, and Supervision (6) 10% of construction cost. $25,762 $13,134 $12,628
TOTAL RESTORATION COSTS (7) $283,384 $144,483 $138,901
LAND COSTS (Task 1)
$782,760
$782,760
$0
LABOR, PERMITTING AND MONITORING COSTS (Tasks 2,3)
$65,555
$65;555
$0
TOTAL RESTORATION COSTS (Tasks 4,5 & 6)
$283,384
$144,483
$138,901
GRAND TOTAL (8)(9)(10)
$1,131,699
$992,798
$138,901
Notes:
(1).Real estate costs'were estimated utilizing land values prepared,for the Grange property purchase 2001 value.
(2) City staff time'allocated to administration and legal services for purchase of property;and required: agency permitting processes.
(3) Permitting costs tolbe.detennined as project is authorized by applicable agencies.'
(4) The Petaluma Watershed'Foundation will assist the City with monitoring the before and after conditions and with public outreach efforts.
(5) Habitat enhancements will utilize native species.
(6) Plan review of design, specifications, and construction supervision by contract services,
(7) Restoration costs (adjusted to 2001 $) are based on a typical "cross-section of,the Denman Reach of the Petaluma River as described in the
Petaluma River"Access and Enhancement Plan, Area Plan„Adopted May, 1996 pages 243-247.
(8) The City of Petaluma will provide approximately $139,000 in matching funds and/or services towards this project. Additional grant funds from
other agencies may be pursued for these work, efforts.
(9) Grantees may move fund's between lineitemswithin a task as needed to complete that task. As tasks are completed, remaining funds may be
moved to another task with written approval from:DW R. Transferring more than 10% of'funds originally allotted for a task, or from a task not yet
complete may require a contract amendment.
(10) City administration, project;review, permitting and construction supervision shall not exceed 10% of total DWR grant funds.
Sources: The City of Petaluma, Dana W. Burwell, and the Trust for Public Land.
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Introduced By
ORDINANCE NO. N.C.S.
Seconded By
ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS
RELATING TO THE PURCHASE OF THE BANKER AND AMARAL PROPERTIES,
INDUSTRIAL AVENUE,
A.P. NOS. 150-020-017, 150-020-018, AND 048-080-029
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
Section 1.
The 1987 General Plan identified the desire to prepare a River Plan. for the implementation of
20 public access and riverfront enhancement and restoration goals and ,objectives. Said Plan was
21 prepared as the River Access and `Enhancement Plan, which was adopted in 1996. Said Plan
22 identified public access, riparian habitat enhancement, bank stabilization and storm flow
23 improvements that were possible along the riverfront properties upstream of the Corona Road
24 river bridge.
25
26 Section 2.
27 The City Council, on January 7, 2002, authorized City Management to seek a grant from the
28 State of California Department of Water Resources to acquire fee title to the properties known as
29 the Banker and Amaral properties, AP Nos. 150-020-017, 150-020-018, AND 048-080-029,
30 ' located on Industrial Avenue;. which said grant was approved in the amount of$992,798.
31
H pt/R ver Plan/Banker-Amaral\Ord Banker' Amaral`purchase 022403.doc Page 1
I Section 3.
2 The Trust for Public Lands, on behalf of the City of Petaluma, has conducted negotiations with
3 the property owners resulting in agreed upon purchase options.
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Section 4.
The City Council finds that acquisition of said parcels is consistent with the General Plan of the
City of Petaluma .and is exempt under Section 15316 of the California Environmental Quality
Act guidelines because the acquisition is being pursued to establish fuiure public access and
restorationand enhancement of natural resources. The City Manager is authorized' to: execute all
documents related to this action of purchasing the Banker and Amaral properties.
INTRODUCED and ordered posted this 24th day of February 2003.
ADOPTED this 3rd day of March 2003 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Gayle Peterson,, City Clerk.
David Glass Mayor'
APPROVED AS TO FORM.
Richard.R. Rudnansky, City Attorney
H:pt/River Plan/Banker-Amaral\Ord Banker -Amaral purchase 022403.doc
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