Susana Alcala Wood, City Attorney Jorge Oseguera, City Auditor Mindy Cuppy, City Clerk Howard Chan, City Manager John Colville, City Treasurer City Council Report
915 I Street, 1st Floor
Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2022-00521 March 22, 2022 Consent Item 16
Title: Amendment: Temporary Construction Easement Zacharias Park and Funding Transfer
Location: 763 Clipper Way, Pocket/Greenhaven, District 7
Recommendation: Adopt a Resolution: 1) approving First Amendment to Temporary Construction Easement (“Amendment”) with Sacramento Area Flood Control Agency (SAFCA) for the use of Zacharias Park (APN: 030-0570-001) as a construction staging area to extend the term for 19 months at an additional price of $366,400; 2) authorizing the City Manager or the City Manager’s designee to execute the Amendment; and 3) authorizing an increase to the Park Development Services’ General Fund (Fund 1001) revenue budget and increase the expenditure budget by $366,400 in the CD7 Park Sign and Minor Improvements Project (L19013900) in the General Fund (Fund 1001).
Contact: Bill Sinclair, Real Property Agent, (916) 808-1905, [email protected] ,
Public Works Department; Dana Repan, Senior Planner, (916) 808-2762, [email protected]; Raymond Costantino, Park Planning, Design and Development Manager, (916) 808-1941, [email protected], Department of Youth, Parks & Community Enrichment
Presenter: None
Attachments:
1-Description/Analysis
2-First Amendment to Temporary Construction Easement
3-Resolution
File ID: 2022-00521 Consent Item 16
March 22, 2022
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City of Sacramento
Description/Analysis
Issue Detail: SAFCA is undertaking improvements to the levee along the Sacramento River within the Pocket/Greenhaven area of the City. SAFCA’s project is known as American River Common Features 2016 Flood Risk Management, Sacramento River East Levee Project.
SAFCA needs a site for construction staging near the levee. The site would be used for material and construction equipment storage and as an access road to the levee. Zacharias Park is located next to the levee. The Youth, Parks & Community Enrichment (YPCE) Department agreed to allow SAFCA to use Zacharias Park for this purpose. SAFCA is paying the City for use of its property based on an appraisal of the value based on leasing the property for an extended period of time.
The Temporary Construction Easement Agreement (City Agreement 2020-3982) was entered into on December 2, 2020. The term of the Agreement extended from December 3, 2021 to December 31, 2022, and the amount owed was set at $231,400. Payment was collected in April of 2021 and will be reflected in the Department’s operating budget and capital improvement budget at approval of Midyear Project Revisions in File ID 2022-00174, Resolution 2022-0062. SAFCA now wants to amend the Agreement to extend the term by 19 months, to June 2023, because commencement of their construction project has been delayed and they will need additional time to complete the work. SAFCA will pay the City an additional $366,400 which will be recorded similarly to the previous payment. Payment is expected to be received within the fiscal year ending June 30, 2022
The scope of work in the CD7 Park Sign and Minor Improvements Project (L19013900) consists of design, engineering and construction of park improvements to park sites impacted by levee improvements within District 7.
Upon completion of its use of Zacharias Park, SAFCA will be responsible for repairing any damages, including replacing the turf and fencing, as well as repairing the irrigation system if damaged by the construction equipment storage and use as an access road to the levee.
Policy Considerations: Pursuant to City Code section 3.04.020, agreements for the use of City property in an amount of $250,000 or more must be approved by the City Council. As stated in City Council Budget Resolution R2021-0198, Section 9.2 and 10.11, City Council approval is required to increase the expected revenue budget and project budget appropriations by more than $250,000.
Economic Impacts: None.
File ID: 2022-00521 Consent Item 16
March 22, 2022
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City of Sacramento
Environmental Considerations: The SAFCA project is temporary use of City property. No physical improvements are proposed so the use is exempt from California Environmental Quality Act (CEQA) review under CEQA Guidelines Section 15301, Existing Facilities.
Sustainability: Not applicable.
Commission/Committee Action: None.
Rationale for Recommendation: Approval of the First Amendment will allow SAFCA time to complete its important levee improvement project. However, this action will mean that Zacharias Park will be closed for an additional 19 months. The neighborhood residents have access to Seymour Park, which is a block away across Riverside Blvd.
Financial Considerations: Upon payment of the $366,400 per this amendment, the department will increase the Park Development Services’ General Fund (Fund 1001) revenue budget and increase the expenditure budget in the CD7 Park Sign and Minor Improvements Project (L19013900) in the General Fund (Fund 1001).
Local Business Enterprise (LBE): Not applicable
FIRST AMENDMENT TO
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT BETWEEN
THE CITY OF SACRAMENTO AND THE SACRAMENTO AREA FLOOD CONTROL AGENCY
(Construction of Levee Improvements)
THIS FIRSTAMENDMENT TO THE TEMPORARY CONSTRUCTION EASEMENT AGREEMENT is made and entered into the _____ day of ___________ 2021, by and between the SACRAMENTO AREA FLOOD CONTROL AGENCY, a joint powers authority established pursuant to the laws of the State of California, hereinafter referred to as “SAFCA,” and the CITY
OF SACRAMENTO
R E C I T A L S:
WHEREAS, SAFCA a nd the CITY OF SACRAMENTO entered into an agreement to allow SAFCA, the U.S. Army Corps of Engineers and their respective assigns, consultants and contractors to enter upon real property located at Assessor Parcel Number 030-0570-001, which is known as Zacharias Park, as set forth in the Temporary Construction Easement. Agreement dated on or about December 2, 2020; ("Agreement"); and
WHEREAS, the Agreement states modifications or amendments to the Agreement shall be in writing and executed by both parties; and
WHEREAS, SAFCA and CITY OF SACRAMENTO desire to amend the Agreement; and NOW, THEREFORE, SAFCA and CITY OF SACRAMENTO agree as follows:
TERM, Section 5.18 shall be amended to read as follows:
“This Agreement shall become effective on December 3, 2021 and shall terminate on June 30, 202 3 unless sooner terminated as herein provided; or at such time when SAFCA has completed its use of the Premises, whichever is earlier. Per the Agreement, SAFCA agrees to compensate the CITY OF SACRAMENTO on an annual basis of $231,400; therefore, the added Nineteen months will be an additional THREE HUNDRED SIXTY -SIX THOUSAND FOUR HUNDRED DOLLARS $366,400 (Rounded).
SAFCA agrees to notify the CITY OF SACRAMENTO representative in writing when it has completed its use of the Premises if earlier than the termination date.”
DocuSign Envelope ID: 2B152E97-4AD6-4A1A-97D0-23E9A3F25A1E
Amendment to TCE
All other terms and conditions contained in the Agreement shall remain in full force and effect.
SAFCA CITY
By: _____________________________ By:
JASON D. CAMPBELL
Deputy Executive Director
______________________________
Howard Chan
City Manager
ATTEST:
By: _____________________________
City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: ____________________________ By: _____________________________ JEREMY D. GOLDBERG City Attorney
Agency Counsel
DocuSign Envelope ID: 2B152E97-4AD6-4A1A-97D0-23E9A3F25A1E
RESOLUTION NO. 2022-
Adopted by the Sacramento City Council
Temporary Construction Easement Zacharias Park and Funding Transfer
BACKGROUND
A. SAFCA is undertaking improvements to the levee along the Sacramento River within the Pocket/Greenhaven area of the City. SAFCA’s project is known as American River Common Features 2016 Flood Risk Management, Sacramento River East Levee Project.
B. The Temporary Construction Easement Agreement (City Agreement 2020-3982) was entered into on December 2, 2020. The term of the Agreement extended from December 3, 2021 to December 31, 2022, and the amount owed was set at $231,400. This amount was collected and reflected in the department’s operating and capital improvement budget. The amendment to this agreement will extend the term for 19 months at an additional price of $366,400.
C. Budget appropriations are recommended to reflect the amendment payment in the operating and capital improvement budget.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL RESOLVES AS FOLLOWS:
Section 1. The First Amendment to Temporary Construction Easement (“Amendment”) with Sacramento Area Flood Control Agency (SAFCA) for the use of Zacharias Park (APN: 030-0570-001) as a construction staging area to extend the term for 19 months at an additional price of $366,400 is approved.
Section 2. The City Manager or the City Manager’s designee is authorized to execute the Amendment.
Section 3. The operating revenue budget in the Park Development Services General Fund (Fund 1001) is hereby increased by $366,400.
Section 4. The expenditure budget in the CIP for CD7 Park Signs and Minor Improvements (L19013900) for General Fund (Fund 1001) is hereby increased by $366,400.