HomeMy WebLinkAbout03/01/2004, BUS 4 - FOOTHILL BRIDGE REPLACEMENT PROJECT, SPECIFICATION NO. 90197D I
council W6n'Mar 1, 2004
j acEnba Report 1w.N..�, ,
CITY OF SAN LUIS OBISPO
FROM: Michael D. McCluskey, Director of Public Works 'i^
Prepared By: Barbara Lynch, Principal Civil Engineer
SUBJECT: FOOTHILL BRIDGE REPLACEMENT PROJECT, SPECIFICATION
NO. 90197D
CAO RECOMMENDATION
1. Adopt a Resolution of Necessity for easements for the Foothill Bridge Replacement Project.
2. Direct Finance to prepare a check for $112,400 to the State Treasury Condemnation Fund for
the current property valuation of the properties identified in the Resolution of Necessity.
DISCUSSION
The City Council recently reviewed and approved the construction plans for the Foothill Bridge
at Stenner Creek. As noted in that report, one easement was outstanding and not brought to the
Council with the others for action on a Resolution of Necessity.
To briefly review the key issue for this project, staff must complete a Right of Way Certification
for this project before the State will authorize funding for the construction of the project. That
certification states that all easements have been acquired that are necessary for construction OR
that an Order of Possession has been obtained from the Courts that provides for those easements
to be available in time for construction. Funding must be authorized by the State before the
project can advertise for bids and be awarded. It will take about three months to complete the
funding authorization, project bidding and award. That means that the project is now on a
critical timeline for start of construction this summer.
The bridge construction will require the use of the property under consideration this evening for
dewatering operations, habitat mitigation planting required by regulating agencies, and
construction operations. The property owner has received an offer and there have been
discussions with the property owner regarding ways to reach a settlement. Unfortunately, at this
time, the City and the property owner have not come to agreement on compensation.
Negotiations cannot continue any longer without some resolution, as the resulting delays to the
project will eliminate an entire construction season. Therefore, the only course remaining that
will enable a summer 2004 construction is the use of eminent domain to acquire the necessary
construction easements. While staff believes that the property owner is willing to work with the
City to come to some agreed settlement for the cost.of the easements, there is not adequate time
to complete that negotiation and have time to complete the remaining steps necessary to start
construction.
The City, as a public agency, has the right to acquire property without an agreement in place
with the property owner, under certain circumstances. The City must make a finding of the
following four elements:
— 1
I 1
I I
Foothill Bridge Replacement Construction and Right of Way, Specification No. 90197
Page 2
1. The public interest and necessity require the Project;
2. The Project is planned and located in the manner which will be most compatible with the
greatest public good and the least private injury;
3. The property interests sought to be acquired are necessary for the project;
4. The offer required by section 7267.2 of the Government Code of the State of California has
been made to the owners of subject property;
Once these findings are made, the City Council must pass a Resolution of Necessity that will be
filed with the Court, and then an Order of Possession will be obtained.
The property owner has been provided notice, as required by law, of the City Council's hearing
of this item this evening. This allows the owner an opportunity to explain why they believe the
Council should not adopt this Resolution. Property owner was also informed that the Council
will not consider the issue of compensation at this time.
Necessity Findings
There are three property owners the City is currently dealing with for easements. Two of these
properties were covered under the Resolution of Necessity adopted by Council on February 17`x'.
The third property is being discussed tonight.
Of the four findings necessary for the Council to make in order to approve the Resolution of
Necessity, items 1, 2 and 4 listed above, are fairly straightforward. Item 3 deals more directly
with the necessity of the easements. To be comfortable with this determination, Council may
wish to review the attached map of the easements to be acquired (Attachment 1.) There are two
types of easements the project requires. The first is a permanent easement that encompasses all
the elements of the new structure so that the City has the right to have the improvements on the
property and so that maintenance and repairs can be made in the future. While we already have a
permanent easement in place, another is needed and is shown as easement number 6 for this
property.
The temporary easement, the second type, provides the space and access necessary to build the
new bridge and complete the requirements set out by the regulatory agencies. These are
easements numbers 12 and 16. The regulatory agencies require the City to complete areas of
planting to mitigate the construction, to divert the live stream and remove silt resulting.from the
work before water enters the live stream. All of these items take space that the City does not
own or have rights to.
Easement number 16 is the most unique. While temporary in nature, it closes the access to the
parking lot for the building while the first phase of construction is underway. Past experience
with bridge construction has proved the difficulty of maintaining driveway access in the
immediate area of construction. If it were to affect only a few vehicles, it can often be handled
on a day to day basis. In this case, the construction will limit access to 39 vehicles. During the
placement of the temporary shoring and rock slope protection along the bank adjacent to the
driveway, equipment will be staged within the driveway blocking access. Excavation with large
equipment and trucks to haul material in and out during the excavation and removal of the
4
Foothill Bridge Replacement Construction and Right of Way, Specification No. 90197
Page 3
existing culverts and the concrete trucks and pumpers for the construction of the footings, sill
walls and abutment walls of the bridge are also expected to block access. These easements are
necessary for the construction of the new bridge. (See Attachment 1)
Temporary Alteration of Parking
As mentioned above, one of the easements covered under the Resolution of Necessity will deny
access to the parking for the apartment building. This will permit certain construction activities
to take place. As a way to mitigate the impacts of the driveway closures, staff explored the
following options for the vehicles parked there: a) provide access through the adjacent property
from the back of the lot, b) provide parking at a nearby lot and c) provide on street parking.
Working with neighboring properties, staff was unable to reach agreements for either option a)
or b). Option c) presented a relatively inexpensive way to provide alternative parking for the
residents of the apartment building. Foothill Blvd. is effectively a two lane road at this time.
Approach traffic has been narrowed from the normal two approach lanes into one. This provides
a great deal of dead space at the sides of the street that can be used for temporary parking, still
leaving room for vehicle and bicycle travel lanes. The street parking will only be needed during
the first phase of construction. Once the south. side of the structure is complete, access for the
driveway can be returned to normal. (Attachment 3)
The City is under some obligation to provide some alternative parking to tenants who have
rented their units with the expectation of having parking. The City's Municipal Code Section
10:36.010 allows the City Engineer to make a temporary alteration to parking controls in the
public interest. In this case, the public interest is served by providing off site parking to serve the
complex, to limit losses to be paid to the owners.
The new parking area will be signed to require a permit from the City to discourage others from
using it. The reserved parking will have a minor impact to existing parking. The majority of the
parking will be on Foothill which is not now, and will not in the future be, available for parking.
However, eight spaces on Casa will also be needed to accommodate the number of vehicles
displaced which will impact vehicles currently using Casa.
The City's Parking Manager has reviewed the on street parking proposal and believes it can be
accomplished with a minimum of impact to the enforcement staff due to enforcement required at
nearby Residential Permit Districts. The proposed parking plan has also been reviewed and
approved by the traffic section of the Police Department.
In addition to the creation of temporary street parking, the construction contract will require the
contractor to open the parking lot to the tenants over the weekend. This should assist in
minimizing the impacts to the tenants by providing opportunities for larger and heavier items to
be loaded or unloaded close to the building.
FISCAL IMPACT
The bridge replacement is eligible for Federal Funding under the Highway Bridge Replacement
and Rehabilitation Program (HBRR.) This program pays 80% of the costs for environmental(
_1 r
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Foothill Bridge Replacement Construction and Right of Way, Specification No. 90197
Page 4
review, property acquisition, design and construction of the replacement. Funding is available
for the necessary deposition of funds for the eminent domain action.
EASEMENTS--- --� -- -- Total Cost City Funds (20%) Grant Funds (80%)
Current Valuation: $112,400 $22,4801 $89,920
ATTACHMENTS
Attachment 1 - Map of easements to be acquired
Attachment 2 - Resolution of Necessity
Attachment 3 - Map of proposed parking on street parking
Available in the Council office for Review:
Enlarged version of Attachment 3
g:\current projects\bridges\90197foothill slenner bridge\documents\t staff reports\90197d row2.doc
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RESOLUTION NO. (2004 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE
THE ACQUISITION OF CERTAIN LAND AND
DIRECTING THE 14LING OF EMINENT DOMAIN PROCEEDINGS
FOR THE FOOTHILL BRIDGE REPLACEMENT PROJECT
Parcel Number:
052-181-018— 1025 Foothill Boulevard, San Luis Obispo
WHEREAS, it is desirable and necessary for the City Council of the City of San Luis
Obispo to acquire permanent easements and temporary construction easements in and to real
property more particularly described in Exhibit A, attached hereto and made a part of by reference,
to construct the new Foothill Bridge and related facilities; and
WHEREAS, the City Council of the City of San Luis Obispo is vested with the power of
eminent domain to acquire said real property interests by virtue of Article 1, Section 19 of the
Constitution of the State of California, Health and Safety Code Section 5001 and Sections, 1240.010,
1240.020, 1240.030, 1240.040, 1240.050, 1240.110, 1240.120, 1250.110 of the Code of Civil
Procedure of the State of California; and
WHEREAS, pursuant to the provisions of Section 1245.235 of the Code of Civil Procedure
of the State of California, notice has been duly given to the owners of the subject property and whose
names and addresses appear on the most recent San Luis Obispo County's equalization assessment
roll, all of whom have been given a reasonable opportunity to appear and be heard before the City
Council of San Luis Obispo on the following matters:
a) Whether the public interest and necessity require the Project;
b) Whether the Project is planned or located in the manner that will be most compatible with
the greatest public good and the least private injury;
c) Whether the interests sought to be acquired are necessary for the Project; and
d) Whether the offer to purchase required by Government Code section 7267.2 has been
submitted to the owners of the real property interests.
WHEREAS, pursuant to the provisions of Section 7267.2 of the Government Code of the
State of California, the City Council of the City of San Luis Obispo has made an offer to the owners
of the subject properties for just compensation;
NOW, THEREFORE,BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
1. The public interest and necessity require the Project;
2. The Project is planned and located in the manner which will be most compatible with the
greatest public good and the least private injury;
3. The property interests sought to be acquired are necessary for the project;
4. The offer required by section 7267.2 of the Government Code of the State of California has
been made to the owners of subject property;
5. The City Attorney of the City of San Luis Obispo, or his duly authorized designee, is hereby
authorized and directed to institute and conduct to conclusion an action in eminent domain
for the acquisition of the estates and interests aforesaid and to take such action as he may
deem advisable or necessary in connection therewith;
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Resolution No. (2004 Series)
Page 2
6. An order for prejudgment possession may be obtained in said action and a warrant issued to
the State Treasury Condemnation Fund in the amount determined by the Court to be so
deposited, as a condition to the right of immediate possession.
Upon motion of seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this day of 2004.
David F. Romero, Mayor
ATTEST:
Lee Price, C.M.C.
City Clerk
• APPROVED AS TO FORM:
Jon6hffrrP.Lowell
City Attorney
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Exhibit"A"
Temporary Relinquishment of Vehicular Access
Legal Description
The north line of Lot 30,of California Park Subdivision,in the City of San Luis Obispo,County of
San Luis Obispo, State of California, according to the map filed December 2, 1919 in Book 2, at
Page 36 of Maps, in the Office of the County Recorder of said County.
The above-described piece of land is graphically shown on Exhibit`B"attached hereto and made a
part hereof.
End of Description.
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George Y: archenko LS 6964 Date
License Expiration Date: 9/30/2005 Ls.6964 0
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EXHIBIT "B"
Foothill Blvd.
Relinquishment of Vehicular
Access to Foothill Boulevard
Lot 31
2/MB/36
Lot 30
2/MB/36
Lot 30 of California Park Subdivision, in the City of
San Luis Obispo, State of California, according to the
map filed December 2, 1919 in Book 2, at Page 36
of Maps, in the office of the County Recorder of said
County
( IN METERS )
0 5 10
1 : 500
Sheet 1 of 1 John L. Wallace & Associates
477-0001 marks—denial 1:500 01/28/04 apn 052-181-018 „l
Exhibit "A"
Legal Description
A portion of Lot 30 of California Park Subdivision, in the City of San Luis Obispo,County of San
Luis Obispo,State of California,according to the map filed December 2, 1919 in Book 2,at Page 36
of Maps,in the Office of the County Recorder of said County more particularly described as follows:
Commencing at the comer common to Sections 22,23,26 and 27 Township 30 South,Range 12 East
Mount Diablo Base and Meridian,on the northerly line of Foothill Boulevard as shown on said map,
marked by a brass cap as shown on a Record of Survey filed in Book 81 Page 31 of Licensed Surveys
in the Office of the County Recorder of said County, from which a found tag stamped LS 7318
marking the intersection of Foothill Boulevard with Casa Street as shown on said Record of Survey
bears, north 81°23'03"east 114.936 meters [north 79°2.1'11" east 114.941 meters calculated from
data per said Record of Survey];
Thence south 62°08'22" east 36.818 meters to the southerly line of Foothill Boulevard,60 feet wide,
as shown on said map filed in Book 2, at Page 36 of Maps and the True Point of Beginning;
Thence south 14°11'05" east 18.482 meters;
Thence south 05°13'51" west 4.687 meters;
Thence south 84°46'09" east 18.293 meters;
Thence north 05°35'08" east 14.369 meters;
Thence north 62'12'29" east 11.515 meters;
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Thence north 16°25'05" east 7.485 meters;
Thence north 44°25'55" east 7.155 meters;
Thence north 14°11'05" west 2.584 meters to a point on said southerly line, from which said tag
bears north 59°14'46" east 47.352 meters
Thence westerly along said southerly line to the True Point of Beginning.
Excepting therefrom the land described in the grant deed to the City of San Luis Obispo recorded
in Volume 1292 of Official Records at Page 448 in the Office of the County Recorder of said
County.
Containing 0.0264 hectares (2,841 sq. ft.)more or less.
The above described piece of land is graphically shown on Exhibit`B"attached hereto and made a
part hereof.
1AND
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George Y. M44chenko LS 6964 Date
License Expiration Date: 9/30/2005 a L&6964
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EXHIBIT "B"
Fd supertog
Section Corner `LS 7318"
Sections 22.23,26 and 27, per 81/LS/31
T30S,R12E,MDM,
Fd 3.5" Bross Disk stamped "Black ^ �/
LPoint
Survey per 81/LS/31 LA °
of — — /
mencccement — — ' Q1�d, / V
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00700
True Point /� 6>>
\ of Beginning /
\ 448
�2g2"0R� r1l LINE TABLE
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containing / LINE LENGTH �, BEARING
0.0264 hectares
Lot 30 (2,841 sq. ft.) �j L1 36.818 S62'08'22'E
2/MB/36 more or less , L2 18,482 S14411'05'E
N L3 4.687 S05'13'51'W
I Lot 31 L4 18.293 S84.46'09'E
2/MB/36 L5 14.369 NOS'35'08'E
n� L6 11.515 N62.12'29'E
1DOC. No. L7 7.485 N16'25'05'E
w
11998-018520 L8 7.155 N44'25'55'E
_ L9 2.584 N14*11'05'W
L4 L10 73.280 N8431'18'W
L11 47.352 N59'14'46'E.
Doc. No. L12 114.936 N81'23'03'E
2001-083565
( IN METERS ) S�%ANOS�/,9L
10 0 5 10 Qd�G F
1 500 * L8.6
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CAVF�
A portion of lot 30 of California Park Subdivision, in o
the City of Son Luis Obispo, State of California, 8-Z�03
according to the map filed December 2, 1919 in
Book 2, at Page 36 of Maps, in the office of the
County Recorder of said County
Sheet 1 of 1 John L. Wallace & Associ�agtes
477-0001 1luitlperm 1:500 8-18-03 �# r l oL
Exhibit "A"
Legal Description
A portion of Lot 30 of California Park Subdivision, in the City of San Luis Obispo, County of San
Luis Obispo,State of California, according to the map filed December 2, 1919 in Book 2,at Page 36
of Maps,in the Office of the County Recorder of said County more particularly described as follows:
Commencing at the corner common to Sections 22, 23, 26 and 27 Township 30 South, Range 12
East Mount Diablo Base and Meridian,on the northerly line of Foothill Boulevard,as shown on the
map of California Park Subdivision filed December 2, 1919 in Book 2, at Page 36 of Maps,in the
Office of the County Recorder of said County, marked by a brass cap as shown on a Record of
Survey filed in Book 81 Page 31 of Licensed Surveys in the Office of the County Recorder of said
County, from which a found tag stamped LS 7318 marking the intersection of Foothill Boulevard
with Casa Street cap as shown on said Record of Survey bears,north 81°23'03"east 114.936 meters
[north 79°21'11"east 114.941 meters calculated from data per said Record of Survey];
Thence south 51'45'22" east 30.011 meters to the southerly line of Foothill Boulevard,60 feet wide;
as shown on said map filed in Book 2, at Page 36 of Maps and the True Point of Beginning;
Thence south 43°15'57" east 2.398 meters;
Thence south 43°15'57" east 5.892 meters;
Thence south 01°40'32" west 12.308 meters;
Thence south 88°21'43" east 5.018 meters;
Thence south 02°00'01" east 9.961 meters;
Thence south 23°49'37" west 14.557 meters;
Thence south 84°42'49"east 26.067 meters;
Thence north 18°29'43" east 13.274 meters;
Thence north 01°33'38" east 6.574 meters;
Thence north 07°21'55" east 17.029 meters;
Thence north 39°08'11" east 4.448 meters;
Thence north 62°12'29" east 3.099 meters;
Thence north 16°25'05" east 7.485 meters;
i✓WKZA;.i4 A
Thence north 44°25'55" east 7.155 meters;
Thence north 14°11'05" west 2.584 meters to a point on said southerly line, from which said tag
bears north 59°14'46" east 47:352 meters;
Thence westerly along said southerly line to the True Point of Beginning.
Excepting therefrom that portion lying northerly of the following described line: Commencing at
said section comer, thence south 62°08'22" east 36.818 meters to the southerly line of Foothill
Boulevard, 60 feet wide, as shown on said map filed in Book 2, at Page 36 of Maps and the
Exception True Point of Beginning;
Thence south 14°11'05" east 18.482 meters;
Thence south 05°13'51" west 4.687 meters;
Thence south 84°46'09" east 18.293 meters;
Thence north 05°35'08" east 14.369 meters;
Thence north 62°12'29" east 11.515 meters;
Thence north 16°25'05" east 7.485 meters;
Thence north 44°25'55" east 7.155 meters;
Thence north 14011'05" west 2.584 meters to a point on said southerly line, from which said tag
bears north 59°14'46" east 47.352 meters.
Also Excepting therefrom the land described in the grant deed to the City of San Luis Obispo
recorded in Volume 1292 of Official Records at Page 448 in the Office of the County Recorder of
said County.
Containing 0.0335 hectares(3,606 sq. ft.) more or less.
The above-described piece of land is graphically shown on Exhibit`B"attached hereto and made a
part hereof.
End of Description. p tAND S�9
George V. Marchenko LS 6964 Date G OQ O
License Expiration Date: 9/30/2005 * c7 i„S,6984
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EXHIBIT "B"
Fd supertag
Section Corner "LS 7318"
Sections 22,23,26 and 27, per 81/LS/31
T30S,R12E,MDM,
Fd 3.5" Brass Disk stamped "Black
CO Survey" per 81/LS/31 L12
Point of
Commencement
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of Begin in N,5.4Exce
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of Beginnin. 448
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Lot 30
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2/MB/36 % Lot 31 1998-018520
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W LINE TABLE
L13 x
ox LINE LENGTH BEARING
L
� L1 30.011 851°45'22'E
00 1-2 2.398 S43°15'57'E
C; L3 5.892 S43.15'57'E
Doc. No. J L4 12.308 S1'40'32'W
c r o c 2001 -083565
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( IN METERS ) �j o h 07 i L5 4.448 N39°8'11'E
0 5 10 c^�o a L6 3.099 N62'12'29'E
o o ^ L7 7.485 N16625'05'E
L8 7.155 N44°25'55'E
1 : 500 J L9 2.584 N14'11'05'W
1-10 73.280 N84'31'18'W
L16 1-11 47.352 N59°14'46'E
L12 114.936 N81'23'03'E
EL14 5.018 sss'21'43'E
EXCEPTION LINE TABLE
L14 9.961 S290'1'E
LINE LENGTH BEARING L 14.557 S23°42'49'E
L11 66 26.067 S84'449
Llx 36.818 S62°08'22'E L17 13.274 N18.29'43'E
L2x 18.482 S14'11'05'E L18 6.574 Nl°33'38'E
L3x 4.687 S05'13'51'W L19 17.029 N7.21'55'E
L4x 18.293 S84°46'09'E
L5x 14.369 N05'35'08'E
L6x 11.515 N62.12'29'E 4 portion of lot 30 of California Park Subdivision, in
the City of San Luis Obispo, State of California,
according to the map filed December 2, 1919 in
Book 2, at Page 36 of Maps, in the office of the
County Recorder of said County
Sheet 1 of 1 John L. Wallace & Associates J�'�T/.�/T�
477-0001 Slanmork-12 1:.500 01/28/04 apn 052-181-018 '[� 1
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