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CC 2024-06-25_09h Traffic Way Bridge Temporary Construction Easement Execution MEMORANDUM TO: City Council FROM: Julie Hawkins, Deput City Clerk/Communications Coordinator SUBJECT: Supplemental Information Agenda Item 9.h. – June 25, 2024 City Council Meeting Consideration of Traffic Way Bridge Temporary Construction Easement Execution DATE: June 21, 2024 Additional Consent Item 9.h. Consideration of Traffic Way Bridge Temporary Construction Easement Execution was received after the agenda packet was published. It has been incorporated into the agenda packet. cc: City Manager Assistant City Manager/Public Works Director Community Development Director City Attorney City Clerk City Website and Public Review Binder Enc Page 162 of 267 Item 9.h. MEMORANDUM TO: City Council FROM: Bill Robeson, Assistant City Manager/Public Works Director BY: Shannon Sweeney, City Engineer SUBJECT: Consider Traffic Way Bridge Temporary Construction Easement Execution DATE: June 25, 2024 RECOMMENDATION: 1) Authorize the City Manager to take all actions necessary to fully execute the final two, negotiated temporary construction easements (TCEs) and associated deeds for certain real property, more particularly described as Assessor Parcel Numbers 007-482-006 and 006-311-067, that are necessary for the Traffic Way Bridge Replacement Project ; and, 2) Find that the public interest associated with approval of these TCEs outweighs any private benefit. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: The cost associated with these negotiated TCEs is $64,300 for APN 007-482-006, and $45,700 for APN 006-311-067. 88.53% of the cost for securing these TCEs is provided through the Highway Bridge Program, which is funding a majority of this project. Fully executing these TCEs plays a critical role in maintaining current funding and preserving the construction schedule. BACKGROUND: Traffic Way Bridge was first constructed over Arroyo Grande Creek in 1932. The Bridge is programmed for replacement in calendar year 2025. On July 24, 2018, the City Council approved agreements to allow the City to seek reimbursement from the Local Highway Bridge Program for the Project. This funding will cover 88.53% of the bridge replacement cost, with the balance coming from local funds. Bridge replacement design and plans and specifications are at 95% completion level. These design plans confirm that TCEs across nine properties are needed to complete Project construction. Page 163 of 267 Item 9.h. City Council Consider Traffic Way Bridge Temporary Construction Easement Execution June 25, 2024 Page 2 On January 25, 2023, staff received notice from Caltrans that the Federal Highway Administration authorized right-of-way funding for the Project, which allowed the City to begin reimbursable work for the right-of-way phase of the Project. On September 26, 2023, the City entered into an agreement with Hamner, Jewell, and Associates. In March 2024, the consultant presented offers based on appraisals to all nine property owners with TCE offer letters. On May 14, 2024, the City Council fully executed TCEs with the six property owners that had signed agreements prior to that meeting. On June 11, 2024, the City Council fully executed a TCE with an additional property owner that had signed an agreement prior to that meeting. The TCEs attached to this staff report represent the final two TCEs required to move forward with Caltrans certification and construction of this project. ANALYSIS OF ISSUES: The attached TCEs have already been signed by their respective property owners, and City is in the process of receiving final, notarized copies on the corresponding deeds that will be recorded with the County. Authorizing the City Manager to take all actions necessary to execute these two outstanding, negotiated TCEs allows City to submit for Caltrans certification and for access to equipment and materials necessary for staging the Traffic Way Bridge Replacement Project. ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Authorize the City Manager to take all actions necessary to fully execute the attached TCEs and associated deeds and find that the public purpose outweighs any private benefit; 2. Do not authorize the City Manager to fully execute the attached TCEs; or 3. Provide other direction to staff. ADVANTAGES: Securing these TCEs allows access to the construction site and to the construction staging area for the Traffic Way Bridge Replacement Project. 88.53% of the cost for securing these TCEs is provided through the Highway Bridge Program, which is funding a majority of this project. Fully executing these TCEs will maintain the City’s current funding and construction schedule, including significant funding provided by Caltrans for the project, which furthers an important public purpose. Specifically, approval of these final, negotiated TCEs allows the City to move forward on a multi-million dollar construction project while avoiding costly legal fees associated with the City moving forward with an eminent domain action to ensure access to these property sites. Page 164 of 267 Item 9.h. City Council Consider Traffic Way Bridge Temporary Construction Easement Execution June 25, 2024 Page 3 DISADVANTAGES: No disadvantages have been identified. ENVIRONMENTAL REVIEW: On September 26, 2023, the City Council adopted an MND for the Traffic Way Bridge Replacement Project (SCH No. 2022060452). The MND analyzed the environmental impacts of the Project in compliance with the California Environmental Quality Act (CEQA). Securing these TCEs, which is part of an important and necessary step towards construction of the Project, will have no direct or indirect physical impacts and does not constitute a substantial change to the Project such that revisions to the previously adopted MND are required. In fact, this action is taken pursuant to, and in conformity with, the analysis contained within the previously adopted MND. Thus, none of the conditions requiring subsequent environmental review ca lled out in State CEQA Guidelines section 15162 or Public Resources Code section 21166 are present, and no further environmental review is required. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted at City Hall and on the City’s website in accorda nce with Government Code Section 54954.2. ATTACHMENTS: 1. TCE Agreement and Temporary Deed and Easement Documents for APN 007- 482-006 2. TCE Agreement and Temporary Deed and Easement Documents for APN 006- 311-067 Page 165 of 267 Page 166 of 267 Page 167 of 267 Page 168 of 267 Page 169 of 267 Page 170 of 267 Page 171 of 267 Page 172 of 267 Page 173 of 267 Page 174 of 267 Page 175 of 267 Page 176 of 267 Page 177 of 267 Page 178 of 267 Page 179 of 267 Page 180 of 267 Page 181 of 267 Page 182 of 267 Page 183 of 267 Page 184 of 267 Page 185 of 267 Page 186 of 267 Page 187 of 267 Page 188 of 267 Page 189 of 267 Page 190 of 267 Page 191 of 267 Page 192 of 267 Page 193 of 267 Page 194 of 267 Page 195 of 267 Page 196 of 267 Page 197 of 267