HomeMy WebLinkAboutStaff Report 2312-231318.Approval of a Resolution Authorizing the City Manager to Negotiate and Execute
Temporary Construction Easements and Compensation with the Property Owners at 475
Newell Road and 1761 & 1767 Woodland Avenue for the Newell Road/San Francisquito
Creek Bridge Replacement Project CIP Program (PE-12011); CEQA - Environmental
Impact Report for Newell Road/San Francisquito Creek Bridge (Resolution No. 9889)
City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Public Works
Meeting Date: December 18, 2023
Report #:2312-2313
TITLE
Approval of a Resolution Authorizing the City Manager to Negotiate and Execute Temporary
Construction Easements and Compensation with the Property Owners at 475 Newell Road and
1761 & 1767 Woodland Avenue for the Newell Road/San Francisquito Creek Bridge
Replacement Project CIP Program (PE-12011); CEQA - Environmental Impact Report for Newell
Road/San Francisquito Creek Bridge (Resolution No. 9889)
RECOMMENDATION
Staff recommends that Council authorize the City Manager or their designee to negotiate and
execute temporary construction easements and compensation in the amount of $226,000 with
the property owner at 475 Newell Road and $122,400 with the property owner at 1761 & 1767
Woodland Avenue for the Newell Road/San Francisquito Creek Bridge Replacement Project CIP
Program (PE-12011).
BACKGROUND
Replacement of the Newell Road Bridge is a key element of flood control for San Francisquito
Creek. On June 1, 2020, Council approved the project and the Final Environmental Impact
Report (EIR). The full background of the project’s process and contract amendments can be
found in the report for the Council action on June 22, 2021.1 Additionally, Council approved a
contract amendment for the right-of-way work on November 27, 2023.2
ANALYSIS
The Right-of-Way Appraisal and Acquisition process formally commenced in May 2023. The
consultants conducted field inspections and prepared appraisal reports for each of the
seven parcels needed to complete the project. The reports identified the areas within
private property needed to construct improvements such as retaining walls, pathways, and
1 City Council, June 22, 2021, Agenda Item #5; SR #12368
https://www.cityofpaloalto.org/files/assets/public/v/2/agendas-minutes-reports/reports/city-manager-reports-
cmrs/year-archive/2021/id-12368.pdf
2 City Council, November 27, 2023, Agenda Item #x8 SR #2308-1944
www.cityofpaloalto.org/files/assets/public/v/1/public-works/engineering-services/cip-contracts/pe-12011-newell-
road-bridge-nv5-contract-amedment-sr2308-1944-11.27.2023.pdf
driveway/parking areas. The reports include compensation amounts based on various
factors including parcel area, project area within the parcel, the land use (multi-family,
undeveloped, single family), and recent comparables. The appraisal reports were submitted
to Caltrans and to the property owners for review. The project will need to acquire seven
temporary construction easements and one permanent easement from a total of three
property owners. The permanent easement, located within a privately owned parcel in the
creek, is for the public access roadway and maintenance of the bridge. While Caltrans is
reviewing and verifying that the language in the agreements meets the Highway Bridge
Program requirements, staff and the City’s consultants started negotiation discussions with
the three owners. Five of the compensation amounts are within the City Manager’s
authority to execute, but two of them exceed $85,000.
While proposed compensation for the easement agreements has been established by the
appraisals, staff is still negotiating certain terms with the property owners. Therefore, staff
requests Council approve a resolution (Attachment A) to authorize the City Manager to
negotiate terms and execute easement agreements with compensation in the amounts of
$226,000 and $122,400 for 475 Newell Road and 1761 & 1767 Woodland Avenue,
respectively.
Key terms of the agreements include:
•The agreements will commence at the time a Right-of-Way Certification is executed
by Caltrans and are for a 30-month duration.
•The term may be extended by an amendment and additional compensation based
on fair market value at the time of extension, in the case of unforeseen delays in
construction.
•The owner of 475 Newell agrees to construction and future maintenance of the
improvements proposed within private property including, but not limited to,
raising the driveway ramp, adding inlets to capture runoff, removal of one private
tree, new fencing along the project frontage, and installation of retaining walls.
•The owner of 1761 and 1767 Woodland Avenue, in East Palo Alto, agrees to the
construction and future maintenance of improvements proposed within private
property including, but not limited to, ADA improvements, adding storm drain
improvements to capture runoff, removal of one private tree, new fencing along
Woodland Avenue, and installation of retaining walls.
•City of Palo Alto will provide all necessary engineering, inspection, and
administrative services in connection with the project.
•The owners are responsible for the maintenance of the private improvements once
these are constructed and the project is completed.
FISCAL/RESOURCE IMPACT
Funding for both of these agreements is available in the Fiscal Year 2024 Adopted Capital
Improvement Program Newell Road/San Francisquito Creek Bridge Replacement project (PE-
12011).
STAKEHOLDER ENGAGEMENT
Significant stakeholder engagement was done during the environmental review phase. Ongoing
coordination with adjacent property owners is underway as part of the right-of-way phase.
ENVIRONMENTAL REVIEW
An Environmental Impact Report for the Newell Road/San Francisquito Creek Bridge
Replacement Project was completed and certified by Council on June 1, 2020 (SR #11184) by
adoption of Resolution No. 9889.3
ATTACHMENTS
Attachment A: Resolution of the Council of the City of Palo Alto Authorizing the City Manager
to Negotiate and Execute Temporary Construction Easements in the Amount of $226,000 with
the Property Owner at 475 Newell Road, Palo Alto and $122,400 with the Property Owner at
1761 & 1767 Woodland Avenue, East Palo Alto for the Newell Road/San Francisquito Creek
Bridge Replacement Project.
APPROVED BY:
Brad Eggleston, Director Public Works/City Engineer
3 Resolution 9889, https://www.cityofpaloalto.org/files/assets/public/v/1/city-clerk/resolutions/reso-
9889.pdf?t=62904.01
*NOT YET APPROVED*
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Resolution No. ____
Resolution of the Council of the City of Palo Alto Authorizing the City Manager to
Negotiate and Execute Temporary Construction Easements in the Amount of
$226,000 with the Property Owner at 475 Newell Road, Palo Alto and $122,400
with the Property Owner at 1761 & 1767 Woodland Avenue, East Palo Alto for
the Newell Road/San Francisquito Creek Bridge Replacement Project CIP
Program (PE-12011).
R E C I T A L S
A. Replacement of the Newell Road Bridge is a key element of flood control for San
Francisquito Creek (“Project”).
B. To replace the Newell Road Bridge, the City needs to acquire seven temporary
construction easements and one permanent easement from a total of three property owners,
including the two property owners at 475 Newell Road, Palo Alto and 1761 & 1767 Woodland
Avenue, East Palo Alto.
C. The appraisal process formally commenced in May 2023 to determine the fair
compensation to acquire the temporary construction easements needed to complete the
project. The compensation amounts are based on various factors including parcel area, project
area within the parcel, the land use (multi-family, undeveloped, single family), and recent
comparables.
D. The City has determined that compensation in the amounts of $226,000 and
$122,400 for 475 Newell Road and 1761 & 1767 Woodland Avenue, respectively, is appropriate.
E. Although compensation for the easement agreements has been agreed upon,
certain terms are still being negotiated.
F. Authorizing the City Manager or designee to negotiate and execute the
temporary construction easements will allow the City to expeditiously sign the agreements with
the property owners when negotiations are complete.
NOW, THEREFORE, the Council of the City of Palo Alto RESOLVES as follows:
SECTION 1. The City Manager or their designee is hereby authorized to negotiate and
execute temporary construction easements in the amount of $226,000 with the property
owner at 475 Newell Road and $122,400 with the property owner at 1761 & 1767 Woodland
Avenue for the Newell Road/San Francisquito Creek Bridge Replacement Project CIP Program
(PE-12011).
*NOT YET APPROVED*
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00009_20231207_mv30
SECTION 2. The Council finds that the adoption of this resolution does not meet the
definition of a project under Public Resources Code Section 21065, thus, no environmental
assessment under the California Environmental Quality Act is required.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
__________________________ _____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
__________________________ _____________________________
Assistant City Attorney City Manager