HomeMy WebLinkAbout2020-03-10 - AGENDA REPORTS - VIA PRINCESSA EAST ROADWAY EXTENSION, PROJ S3026- (2)Agenda Item: 10
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CITY OF SANTA CLARITA AGENDA REPORT
CONSENT CALENDAR
CITY MANAGER APPROVAL:1
DATE: March 10, 2020
SUBJECT: VIA PRINCESSA EAST ROADWAY EXTENSION, PROJECT S3026 -
RIGHT-OF-WAY AND EASEMENTS ACQUISITION, AND BRIDGE
AND THOROUGHFARE REIMBURSEMENT AGREEMENT
DEPARTMENT: Public Works
PRESENTER: Damon Letz
RECOMMENDED ACTION
City Council:
1. Approve the Right -of -Way and Easements Acquisition, and Bridge and Thoroughfare
Reimbursement Agreement between the City of Santa Clarita and ETCR, Inc., dedicating
road right-of-way and granting easements to the City of Santa Clarita, and reimbursement of
eligible design costs from the Bridge and Thoroughfare funds to ETCR, Inc.
2. Authorize the City Manager or designee to execute all required documents, subject to City
Attorney approval.
BACKGROUND
Based on results from past public opinion polls, traffic congestion continues to rate as one of the
top concerns of our residents. The proposed Via Princessa East Roadway Extension project
(Project) will extend Via Princessa from Sheldon Avenue to Golden Valley Road and will
provide a necessary east -west connection that will improve overall traffic conditions in the Santa
Clarita Valley. The Project is a vital component of the circulation element of the City of Santa
Clarita's (City) General Plan and is identified as a priority in both the City's five-year strategic
plan, Santa Clarita 2020, and in the Santa Clarita Valley's One Valley One Vision plan.
The Project will extend the roadway approximately 1.2 miles in length and will consist of a six -
lane highway with a 14-foot raised landscaped median, a 10-foot sidewalk/parkway on each side,
and a 12-foot, two-lane bike path along the south side. The Project is planned to be designed in
conjunction with an adjacent development proposed by ETCR, Inc. (ETCR). Currently, the
proposed development project is in the entitlement process with the City.
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Packet Pg. 206
Through a Call for Projects, the City was awarded $11,577,000 in Proposition C grant funds
from the Los Angeles County Metropolitan Transportation Authority (Metro). In order to
maintain funding, the City needs to acquire the necessary right-of-way from property owners and
complete a full environmental review as required by the California Environmental Quality Act
(CEQA). In October 2015, the City Council approved the Environmental Impact Report for the
proposed roadway alignment. Staff has been working with property owners to obtain the right-
of-way and easements required for the future construction of the Project. In accordance with the
guidelines for the Metro grant, staff is required to obtain the necessary right-of-way for the
roadway by summer 2020.
Pursuant to the terms of the Right -of -Way and Easements Acquisition, and Bridge and
Thoroughfare Reimbursement Agreement (Agreement), ETCR will proceed with the preparation
of all design documents associated with the Project and transfer all the design documents to the
City upon their completion, which is anticipated in spring 2021. Since Via Princessa is an
identified roadway in the Eastside Bridge and Thoroughfare (B&T) District, the City will
reimburse ETCR for all B&T eligible costs associated with the roadway design, which is
estimated at $2.6 million, per the Agreement.
Currently, ETCR is proposing Princessa Crossroads, a mixed -use development. This proposed
development is subject to a full environmental review under CEQA. The environmental review is
projected to be completed and brought to the City Council for consideration in spring 2021. The
City and ETCR mutually agree that nothing set forth in the Agreement commits or otherwise
requires the City to approve, in whole or in part, the proposed development. Approval of the
Agreement will contribute to the City's ongoing efforts to complete the Project and maintain
grant funds.
ETCR is required to dedicate the right-of-way and easements to the City within 30 days of
execution of the Agreement. The acceptance of the offers of dedication for Via Princessa right-
of-way will be in conformance with Section 65402 of the Government Code and the City's
General Plan.
ALTERNATIVE ACTION
Other action as determined by the City Council.
FISCAL IMPACT
None by this action. The recommended action only allows the City to enter into an agreement to
secure road right-of-way, grant easements, and reimbursement for B&T eligible design costs
with ETCR, Inc. Fiscal impacts for reimbursable design costs with Eastside Canyon Bridge and
Thoroughfare District (Fund 301) will be addressed during the Fiscal Year 2020-21 budget
process.
ATTACHMENTS
Location Map
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Packet Pg. 207
Right -of -Way and Easements Acquisition, and Bridge and Thoroughfare Reimbursement
Agreement (available in the City Clerk's Reading File)
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Packet Pg. 208
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VIA PRINCESSA EAST EXTENSION
RIGHT OF WAY AND EASEMENTS ACQUISITION, AND BRIDGE AND
THOROUGHFARE REIMBURSEMENT AGREEMENT
THIS VIA PRINCESSA EAST EXTENSION RIGHT OF WAY AND
EASEMENTS ACQUISITION, AND BRIDGE AND THOROUGHFARE
REIMBURSEMENT AGREEMENT ("Agreement") is made and entered into as of the day
of , 2020 ("Effective Date") by and between ETCR, INC,. a California
corporation ("ETCR"), on one hand, and the City of Santa Clarita, a California municipal
corporation ("City"), on the other hand. ETCR and City are at times hereafter referred to as the
"Parties" and each a "Party."
RECITALS
A. ETCR is the fee simple owner of certain real property in the City of Santa Clarita,
County of Los Angeles, State of California, more particularly described on Exhibit "A" attached
hereto and hereby made a part hereof (the "Property").
B. ETCR is proposing to develop the Property under a Specific Plan and subject to a
General Plan Amendment, among other required approvals. The proposed development is titled
the "Princessa Crossroads Development Project," and it would consist of mixed -use residential
and business park/retail/office uses, as proposed by the ETCR and depicted on Exhibit "B"
attached hereto and hereby made a part hereof (the "Proposed Project").
C. At the request of the City, ETCR desires to dedicate a road right of way to the City,
and grant an easement to the City for public use and utility, road, grading, drainage and
construction purposes with respect to the Property, and specifically the area encompassed by the
City's approved Via Princessa East Extension Project therein, as depicted on Exhibit "C" attached
hereto and hereby made a part hereof.
D. The City previously prepared and certified the Via Princessa East Extension Project
Environmental Impact Report (State Clearinghouse 42009091110) in 2015, and concurrently
approved the roadway improvements described therein. That Environmental Impact Report
studied, disclosed and mitigated (to the extent feasible) the environmental impacts of the Via
Princessa East Extension Project, which is the subject of this Agreement.
E. Because full environmental review under the California Environmental Quality Act
and/or other state, federal, or local environmental laws is required as part of City's evaluation of
whether to approve the Proposed Project, nothing set forth in this Agreement commits or otherwise
requires the City or any federal, state, or other local agency to approve, in whole or in part, the
Proposed Project. Further, City retains absolute discretion to: (i) modify the Proposed Project to
mitigate significant adverse impacts; (ii) select feasible alternatives that avoid significant adverse
impacts of the Proposed Project; (iii) reject the Proposed Project as proposed if the economic and
social benefits of the Proposed Project do not outweigh otherwise unavoidable significant adverse
impacts of the Proposed Project; or (iv) approve the Proposed Project upon a finding that the
1
RIGHT OF WAY AND EASEMENT AGREEMENT
economic, social, or other benefits of the Proposed Project outweigh unavoidable significant
adverse impacts of the Proposed Project.
NOW, THEREFORE, in consideration of the mutual covenants, promises, agreements,
terms, and conditions set forth below, and the mutual benefits derived therefrom, the Parties hereto
agree as follows:
1. Recitals: The Recitals set forth above are included herein by reference as part of
this Agreement and said Recitals are essential facts to this Agreement.
2. Dedication of Right of Way and Grant of Easement: Within 30 days of the Effective
Date of this Agreement, ETCR shall offer to the City a "Right of Way Dedication
and Grant of Easement for Public Use, Utility, and Road Purposes," the form of
which is attached hereto as Exhibit "D" ("Dedication").
3. Via Princessa Road Design, Schedule and Costs. Upon approval of this Agreement,
ETCR shall proceed with the preparation of all design documents associated with
the City's approved Via Princessa East Extension Project, as listed in Exhibit "E"
attached hereto and hereby made a part hereof ("Design Documents"). The Design
Documents shall be processed in accordance with the City's plan check and
approval processes, and ETCR shall transfer the Design Documents to the City
upon their completion. Because Via Princessa is an identified roadway in the
Eastside Bridge and Thoroughfare District, the City shall reimburse ETCR in cash
up to $2,611,765.00 for the costs incurred for completing the Design Documents
within 60 days of taking final action on the Proposed Project. An estimated budget
for the costs associated with the Design Documents is included within Exhibit "F".
Any eligible Bridge and Thoroughfare costs incurred by ETCR in excess of the total
cost identified in Exhibit "F" shall result in the City issuing Bridge and
Thoroughfare credits to ETCR.
4. Cooperation in Processing Re_ug latory Permits: The City and ETCR agree to work
together in good faith and cooperate in the processing of all applications for
regulatory permits and approvals associated with the Proposed Project.
5. Miscellaneous.
5.1 Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the Parties and their heirs, executors, administrators,
successors, and assigns ("Successors and Assigns")
2
RIGHT OF WAY AND EASEMENT AGREEMENT
5.2 No Third Party Beneficiaries. Except as otherwise expressly stated herein,
this Agreement is entered into solely for the benefit of the Parties hereto and
their Successors and Assigns, and no third party shall be entitled to directly,
or indirectly, base any claim, or to have any right arising from, or related to,
this Agreement.
5.3 No Presumption. The Parties have cooperated in the drafting of this
Agreement, and any rule of construction based on the drafter's identity shall
not be applied to any ambiguity in this Agreement.
5.4 Governing Law. This Agreement and all rights and obligations arising out
of it shall be construed in accordance with the laws of the State of California.
Any litigation arising out of this Agreement shall be conducted only in Los
Angeles County, California.
5.5 Entire Agreement. This Agreement contains the entire agreement and
understanding concerning the subject of this Agreement and supersedes and
replaces all prior negotiations or proposed agreements, written or oral. Each
of the Parties hereto acknowledges that no other Party, nor the agents nor
the attorneys for any Party, has made any promise, representation, or
warranty whatsoever, express or implied, not contained herein, to induce the
execution of this Agreement and acknowledges that this Agreement has not
been executed in reliance upon any promise, representation, or warranty not
contained herein.
5.6 Amendment. This Agreement may not be amended except in a writing
signed by all of the Parties hereto.
5.7 Counterparts. This Agreement may be executed in counterparts, each of
which shall be deemed an original and all of which together shall be deemed
one instrument. A facsimile or ".pdf' copy of any signature hereto shall be
deemed an original.
5.8 Survival. If any clause, sentence, or other portion of this Agreement shall
become illegal, null, or void for any reason, or shall be held by any court of
competent jurisdiction to be so, such portions shall be severed from this
Agreement and the remaining portions hereof shall remain in full force and
effect.
5.9 Headings. Paragraph and section headings are for reference purposes only
and shall not be used for interpreting the meaning of any provisions of this
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RIGHT OF WAY AND EASEMENT AGREEMENT
Agreement.
Accepted and agreed to, as of the Effective Date written above.
NTS:
ETCR, INC., a California corporation
CITY:
City of Santa Clarita, a California municipal
corporation
Signature
Name:
Signature
Name:
Title:
Title:
4
RIGHT OF WAY AND EASEMENT AGREEMENT
EXHIBIT A
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EXHIBIT "E"
LIST OF DESIGN DOCUMENTS/
PRELIMINARY SCHEDULE
Design Documents
• Rough Grading Plan
• Geotechnical/Soils Report
• Technical Studies (Addendum)
• EIR Addendum
• Regulatory Permitting Documents
• Storm Drain Plan
• Street/Striping Plan
• Traffic Signal Plan
• Street Light Plan
• SWPPP Report
• Water Quality Report
• Roadway Dedication Documents
• Utility Plans/Coordination
Preliminary Schedule
• Preparation of Addendum Technical Reports
• Preparation of EIR Addendum
• Approval of Addendum and Road Alignment
• Regulatory Agency Processing/Approval
• Via Princessa Road Design Plans/Processing
• Via Princessa Plan Approval
January — March 2020
January — March 2020
April 2020
May 2020 — February 2021
March 2020—April 2021
April 2021
EXHIBIT "F"
Via Princessa
ROAD DESIGN BUDGET (TO BE REIMBURSED BY CITY)
2/6/2020
Estimated Road Cost $ 35,000,000.00
ESTIMATED COSTS Max % - B&T
Engineering Design
$
1,596,765.00
Plan Check
$
240,000.00
Soils
$
200,000.00
Erosion Control Plans
$
15,000.00
Ad m i n
$
560,000.00
Total $ 2,611,765.00
Maximum Amount
6%
$ 2,100,000.00
2%
$ 700,000.00
5%
$ 1,750,000.00
0.50%
$ 175,000.00
5%
$ 1,750,000.00