HomeMy WebLinkAboutPW Southern Heights Bridge Temp. Easements____________________________________________________________________________________
FOR CITY CLERK ONLY
File No.: 4-3-827A
Council Meeting: 04/15/2019
Disposition: Resolution 14660
Agenda Item No: 4.f
Meeting Date: April 15, 2019
TOPIC: SOUTHERN HEIGHTS BRIDGE REPLACEMENT PROJECT
SUBJECT: RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE SEVEN AGREEMENTS FOR TEMPORARY CONSTRUCTION
EASEMENTS FOR THE SOUTHERN HEIGHTS BRIDGE REPLACEMENT
PROJECT WITH PROPERTY OWNERS ON SOUTHERN HEIGHTS
BOULEVARD, MEYER ROAD, AND PLEASANT LANE IN AN AGGREGATE
TOTAL NOT-TO-EXCEED AMOUNT OF $83,113.
RECOMMENDATION:
Adopt a resolution authorizing the City Manager to execute seven agreements for Temporary
Construction Easements with property owners on Southern Heights Boulevard, Meyer Road,
and Pleasant Lane, in an aggregate total not-to-exceed amount of $83,113.
BACKGROUND: The California Department of Transportation (Caltrans) routinely inspects
bridges statewide to ensure the public’s safety. Through this process, the Southern Heights
Bridge was identified as needing to be reconstructed to meet current design, structural, and
safety standards. In June 2016, the City retained Mark Thomas and Company, Inc. to begin
preliminary design and public outreach. Since that time, the City has diligently worked with the
community to understand their needs and perform bridge design. With City Council and
community input, a preferred design alternative was selected in February 2017, and the City has
proceeded with the design and right of way, most recently approving the environmental
documents and increasing the design budget in February 2019.
ANALYSIS: Obtaining a clear right of way to allow the prime contractor to construct the new
bridge will be a major milestone for this project and includes coordination with property owners
and utility companies. Beginning in September 2018, staff and the design team met with and
offered to property owners the City’s initial offer to rent portions of private property utilizing
Temporary Construction Easements (TCEs). A TCE allows the City’s contractor legal access to
private property to facilitate construction of the new bridge. While many residents will be
impacted by construction, the team spent considerable effort coordinating with seven property
owners whose parcels touch the project site due to the limited roadway width near the bridge
site.
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Bill Guerin,
Director of Public Works
City Manager Approval: ___ _____
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
The design team includes qualified real estate professionals who obtained appraisals and
comparables to determine the fair market value of the TCEs. Factors which may affect the rental
rates include: size of the rental space, whether the land is deemed “developable,” hillside slope,
length/duration of the easement, and access to a property during construction. After extensive
negotiations to determine fair and reasonable rental rates, each property owner has signed their
respective agreement, incorporated as Attachment 2. A summary of the settlement rental rates
is as follows:
Address
Negotiated
TCE Value
10 Meyer Road $1,000
116 Southern Heights $45,000
122 Southern Heights $2,500
126 Southern Heights $2,800
65 Pleasant Lane $10,313
75 Pleasant Lane $20,500
90 Pleasant Lane $1,000
Total $83,113
The City Attorney’s Office retained Benjamin Stock, an eminent domain attorney, to peer review
all real estate documents prepared by the design team. Mr. Stock reviewed and approved the
offer packages prior to and during negotiations with property owners.
The attached resolution (Attachment 1) would authorize the City Manager to execute all
Temporary Construction Easement Agreements with owners of the properties listed above.
FISCAL IMPACT: All eligible expenses directly related to the bridge replacement are
reimbursed by Caltrans, including the proposed not-to-exceed amount of $83,113 for the TCEs.
The project budget and estimated expenses for design and right-of-way services are outlined in
the tables below:
Project Budget:
Funding Sources Allocation
Caltrans Highway Bridge Program –
Design/Right of Way Funds
$825,000
Total Available Funds $825,000
Expenses:
Expenses Amount
Consultant Contract – Design/Right of Way
Services
$717,844
Temporary Construction Easements (i.e., Right
of Way Expenses)
$83,113
Estimated Miscellaneous Expenses $24,043
Total Design/Right of Way Expenses $825,000
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
OPTIONS:
1. Adopt the resolution as presented.
2. The City Council may decline to approve the resolution resulting in a project that cannot
be constructed as designed. If the City does not advance the project into construction,
we will be required to pay back the State of California for all funds utilized to date for
design and environmental clearance.
3. The City Council may defer action and request staff to provide further information or
modifications at a future Council meeting.
RECOMMENDED ACTION: Adopt a resolution authorizing the City Manager to execute seven
agreements for Temporary Construction Easements with property owners on Southern Heights
Boulevard, Meyer Road, and Pleasant Lane in an aggregate total not-to-exceed amount of
$83,113.
ATTACHMENTS:
1. Resolution approving the Temporary Construction Easements
2. Exhibit 1 to Resolution: Signed Temporary Construction Easements
RESOLUTION NO. 14660
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING
AND AUTHORIZING THE CITY MANAGER TO EXECUTE SEVEN AGREEMENTS
FOR TEMPORARY CONSTRUCTION EASEMENTS WITH PROPERTY OWNERS ON
SOUTHERN HEIGHTS BOULEVARD, MEYER ROAD, AND PLEASANT LANE, IN AN
AGGREGATE TOTAL AMOUNT NOT TO EXCEED $83,113
_____________________________________________________________________
WHEREAS, the Southern Heights Bridge is currently a one-lane timber
bridge located on a narrow two-lane roadway in San Rafael, situated among the trees in
a scenic way that adds valued character to the Southern Heights neighborhood; and
WHEREAS, the Southern Heights Bridge is structurally deficient, obsolete
and has been noted by the California Department of Transpor tation as needing
replacement; and
WHEREAS, the City has retained Mark Thomas and Company to design
the new bridge; and
WHEREAS, to construct the proposed bridge as currently designed, it is
necessary to obtain seven temporary construction easements by which the City’s
contractor may utilize private property for constructability purposes ; and
WHEREAS, the replacement of the Southern Heights bridge, including
the costs associated with the procurement of seven temporary construction
easements, is fully funded by Caltrans’ Highway Bridge Program; and
WHEREAS, there is no authorized appropriation for this grant-funded
project; Fund totaling $825,000 will be appropriated in Capital Project #11282, Fund
401 pending reimbursement for design, environmental clearance, temporary
construction easements and miscellaneous project expenses.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL RESOLVES as follows:
1. The Council hereby approves and authorizes the City Manager to
execute seven temporary construction easement agreements with
property owners on Southern Heights Boulevard, Meyer Road, and
Pleasant Lane in an aggregate total amount not to exceed $83,113, in
the form attached hereto as Exhibit 1 and incorporated herein by
reference, subject to final approval as to form by the City Attorney.
2. The Director of Public Works is hereby authorized to take any and all
such actions and make changes as may be necessary to accomplish
the purpose of this resolution.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the
foregoing resolution was duly and regularly introduced and adopted at a regular
meeting of the Council of said City on the 15th day of April 2019, by the following vote,
to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
LINDSAY LARA, City Clerk