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Staff Report
City Council
Item No. 4.E
Meeting Date: June 22, 2022
From: John Corella, Director of Engineering/Public Works Title: Authorize the City Manager to negotiate and execute necessary right of way agreements for the Active
Transportation Program (ATP) Cycle 5 Project
City Council
RECOMMENDATION:
Authorize the City Manager and/or designee to negotiate and execute the necessary right of way agreements and all ancillary documents necessary for the Active Transportation Program (ATP) Cycle 5 Project; and authorize the payments for the easements and other costs associated with the Right of Way portion of each Project in the amount of $34,800 and authorize a 20% contingency in the amount of $6,960 for a total of $41,760; and authorize a Genera l Fund Budget Amendment to provide the funding.
BACKGROUND:
Cathedral City and the Coachella Valley Association of Governments (CVAG) entered into a Cooperative Reimbursement Agreement, in December 2019, as part of their 2019 – Bicycle and Pedestrian Saf ety Program – Active Transportation Plan (ATP) Cycle 5 Preparation Grant Fund. Cathedral City’s ATP Project will improve three segments connected to the downtown area that will improve accessibility to active transportation.
The three segments and the impr ovements that make up the Downtown Gap Connectors Project are listed below:
• Cathedral Canyon Drive – Curb and gutter, sidewalk, ADA curb ramp, landscaping
• Date Palm Drive – Curb and gutter, sidewalk, ADA curb ramps, driveway approach, metal hand railings , catch basin, bridge widening, standing wall, and landscaping
• East Palm Canyon Drive – Signing and striping, chevrons, and loop detectors
Caltrans requires Right of Way (R/W) Certification for any project for which plans, specifications, and estimates (P S&E) are submitted to the district , region, or Headquarters. R/W Certification is a written statement summarizing the status of all right of way related matters pertaining to a proposed construction project. The purpose
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of the R/W Certification is to confi rm that the project construction bid is ready for advertising and affirms the following:
• Real property interests have been, or are being, secured; and • Physical obstructions including utilities and railroads have been or will be removed, relocated, or prot ected as required for construction, operation, and maintenance of the proposed project; and
• R/W acquisition and relocation assistance program requirements have been conducted in accordance with applicable federal and state laws and procedures.
DISCUSSION:
For the Downtown Gap Connectors Project to comply with Caltrans R/W standards and requirements, the City is obligated to acquire permanent and temporary construction easements from the Bureau of Indian Affairs (BIA). The easements are as follows:
• #81EA: Welks Resort Driveway on Cathedral Canyon Drive - This temporary construction easement is located on 34567 Cathedral Canyon Drive, and it is 2,358 square feet in size. The formal offer to purchase this allotment was $7,100.
• #12C: Date Palm Dr ive - The permanent, 50-year, sidewalk and utility easement is adjacent to 69034 East Palm Canyon Drive, and it is 304 square feet in size.
The formal offer to purchase this allotment was $5,500.
• #65E: Calle Mora - The temporary construction easement is 658 square feet in size and the permanent sidewalk/utility easement is 1,743 square feet. The formal offer to purchase this allotment was $22,200.
To complete the R/W Certification process for the Project, City Staff re commends the City Council authorize the City Manager and/or designee to negotiate and execute the necessary right of way agreements and all ancillary documents necessary for the AT P Cycle 5 Project; and authorize the payments for the easements and other costs associated with the Right of Way portion of each Project in the amount of $34,800 and authorize a 20% contingency in the amount of $6,960 for a total of $41,760; and authorize a General Fund Budget Amendment to provide the funding.
FISCAL IMPACT:
The fiscal impact for these acquisitions is $34, 800. With approval of a 20% increase of $6,960 if the owners propose counteroffers, the total fiscal impact requested is $41,760.
Staff requests a budget amendment of $41,760 from the General Fund , 100-150-156- 8802, to complete the R/W acquisition process.
Note regarding why th ese right -of-way acquisitions were not included in the Grant Application: In the latter stages of the ATP Cycle 5 Grant application process, it was determined that securing the right -of-way for these three locations on Tribal land may move the City into further environmental reviews , increase the costs, and time to complete the Projects. This could have reduced our score for success in securing this Grant. Thus, City Staff decided to omit these costs from the grant application and fund these separately if the Grant was awarded.
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ATTACHMENTS:
Exhibit Calle Mora and Welks
Exhibit Date Palm and EPC