To: HONORABLE MAYOR AND From: Katy Allen
CITY
COUNCIL
Subject: ACCEPTANCE OF DONATIONS OF Date: 10-28-03
REAL PROPERTY ON TOWERS LANE
Council District: 7
SNI: West
Evergreen
REASON FOR ADDENDUM
In order to meet commitments to the community, staff requests Council approval at its November 4, 2003 meeting.
RECOMMENDATION
Adoption of a resolution authorizing the City Manager to negotiate and execute:
1. Eleven agreements with the owners of real property on Towers Lane for the donation of frontage within Towers Lane as shown below in the following table.
OWNER NAME
|
APN |
ADDRESS |
|
TON T.
HOANG AND DENISE M. NGO |
670-13-005; 670-13-006 |
1577
ABORN ROAD And 2992 TOWERS LANE |
|
GONZALO & GLORIA FIGUEROA ET AL |
670-13-007; 670-13-008 |
2978
Towers Lane |
|
DAT TAT
TRAN AND HOA THI TRAN |
670-13-009 |
2954
Towers Lane |
|
EDITH
GUEVARA |
670-13-010 |
2942
Towers Lane |
|
PAUL AND
RITA MARQUEZ; ROBERT ASHIZAWA AND SUMIYE ASHIZAWA |
670-13-014 |
Vacant
Lot |
|
DAI MINH
DUC, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY |
670-13-015; 670-13-016 |
2955
Towers Lane |
|
J. D.
BAKER TRUSTEE & ET.AL. |
670-13-017 |
2959
Towers Lane |
|
KIU MOC
UNG |
670-13-018 |
2967
Towers Lane |
|
CUC
EDWARDS AND NHAN NGUYEN |
670-13-019 |
2981 Towers Lane |
|
JOE A. SANCHEZ AND LUPE SANCHEZ |
670-13-028 |
Vacant
Lot |
|
PHUONG M.
VO AND HONG L. DOAN |
670-13-029 |
2928
Towers Lane |
|
PACIFIC
DISTRICT CONFERENCE |
670-13-027 |
1573
Aborn Road |
And,
2. A Joint Use Agreement with Pacific Gas and
Electric Company to relocate all utilities and poles into the newly created
right of way within Towers Lane.
CEQA: Exempt, PP02-03-046.
BACKGROUND
Towers Lane is a private dirt road that crosses Aborn Road just west of King Road. For over 50 years, 15 single-family homes have relied on this dirt road for access, these homes are currently owned by 11 property owners. The property owners along the roadway have requested that the street be improved. This project responds to that request and includes street paving, storm drainage, sanitary sewer, curb and gutter, sidewalks and streetlights. The existing electrical and gas facilities will need to be relocated to make way for the roadway improvements. The relocation of these facilities will also be included with this project.
The City is paying for the cost of converting this private road to a City street. However, as a condition of improving the street, each of the property owners must donate the necessary right-of-way to the City at no cost and PG&E must approve an agreement to move its existing easement in the roadway. This project was one of the General Fund Capital Projects previously placed on hold pending resolution of the State budget. On August 13, Council unfroze this project along with others as part of the General Fund rebalancing plan.
ANALYSIS
To implement the project, the City will require donations of fee title to a portion of each lot owned by the eleven property owners, rights to ingress and egress easements benefiting their parcels, and temporary construction easements from permitting the City to stage construction from each owner’s property. Additionally, the City will require an agreement with PG&E to move its easements to a different part of the proposed right of way. By this Joint Use Agreement, PG&E will agree to terminate its existing easement under the roadway in exchange for the City granting it a new easement in a different part of the proposed right of way where it will not obstruct the newly widened road.
Donation agreements were prepared by staff and presented to all the property owners. All of the owners have tentatively agreed to the donation and eight have signed the agreements. If all the owners do not sign donation agreements then the project would not be feasible and none of the agreements would be executed. A list of the properties is shown as Exhibit A and a map of the subject street is shown as Exhibit B. The Joint Use Agreement has been negotiated with PG&E and has been sent out for signature.
Approval of the Joint Use Agreement will enable Pacific Gas & Electric Company (PG&E) to relinquish their easement located close to the middle of the street. In return, the City will grant PG&E a new easement, under the right of way along the north sidewalk, in order to permit PG&E to relocate the new PG&E overhead facilities. The City must grant PG&E a new easement under the right of way and the project must bear the costs of the utility relocation since the utilities are located in an exclusive easement and are not subject to the franchise agreement. PG&E will not relinquish an easement in return for less valuable rights under a franchise. In addition to the requirement that the eleven property owners execute their donation agreements, PG&E will need to execute the Joint Use Agreement before the Manager executes the documents on behalf of the City. Without completion of the Joint Use Agreement and the 11 property owner donations, this project will not be feasible.
PUBLIC OUTREACH
Numerous meetings between the property owners and staff have occurred over time. Notices were published and mailed to residents and owners for each public meeting. The last neighborhood public meeting was held on October 9, 2003. The residents in the area are very supportive of the project.
COORDINATION
The resolutions and this memo have been coordinated with the
Transportation Department, City Attorney’s Office and
the City Manager’s Budget Office.
COST IMPLICATIONS
The donation of lands has no cost to the City other than the escrow costs of $36,000. The utility relocation costs are $74,000. .
Funding for the street and sewer improvements is primarily programmed in the Traffic CIP, with additional smaller contributions from the Redevelopment Agency and the Sanitary Sewer CIP. These project funds will also cover escrow and closing costs for the properties in the approximate amount of $36,000, and utility relocation costs of $74,000.
CEQA
Exempt, PP02-03-046.
KATY ALLEN
Director, Public Works Department