REPORT TO THE CITY COUNCIL March 2, 2017 FROM: SCOTT L. MOZIER, PE, Director Public Works Department BY: ANDREW J. BENELLI, PE, City Engineer/Assistant Director Public Works Department, Traffic and Engineering Services Division SUBJECT ..Title ***RESOLUTION - 34th amendment to the Annual Appropriation Resolution (AAR) No. 2016-118 to appropriate $110,000 in developer contributions for the acquisition of right-of-way for public street and public utility easements for Tract Map 6124 on Temperance Avenue between Butler Avenue and Church Avenue (Council District 5) (Requires 5 affirmative votes). ..Body RECOMMENDATION Staff recommends that the City Council adopts the 34th Amendment to the Annual Appropriation Resolution (AAR) No. 2016-118 to appropriate $110,000 in developer contributions for the acquisition of right-of-way for public street and public utility easements from one parcel on Temperance Avenue between Butler Avenue and Church Avenue for Tract Map 6124. EXECUTIVE SUMMARY Centex Homes has requested City assistance to acquire necessary right-of-way from one parcel for public street and public utility easements. This right-of-way is necessary for the construction of the improvements on Temperance Avenue which are required for the project. As part of the fully executed subdivision agreement for Tract Map 6124, Centex Homes deposited $110,000 to fund City staff costs as well as the value of the easements to be acquired. Staff recommends adoption of the resolution to allow staff to proceed with the right-of-way acquisition and enable the infrastructure to be constructed as soon as possible. BACKGROUND Centex Homes has requested City assistance to acquire right-of-way from one property along Temperance Avenue between Butler Avenue and Church Avenue. They have received City approval to construct a residential housing tract with 157 homes on the west side of Temperance, south of Butler. The Tentative Tract Map Conditions of Approval require that Centex widen Temperance Avenue between Butler Avenue and Church Avenue. The work on Temperance Avenue also includes significant improvements where the railroad tracks cross Temperance Avenue. Centex will be installing new safety gates, new concrete panels, a median island, and an additional southbound travel lane. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act (CEQA) Guidelines Section 15378 this item does not qualify as a "project" as defined by CEQA. LOCAL PREFERENCE Not applicable because this is not a competitive bid. Centex intends to use local contractors to complete the street improvements. FISCAL IMPACT There will be no impact to the General Fund as a result of the recommended action. Centex Homes has deposited $110,000 to cover any and all costs, including legal fees, contingency overruns, and City staff costs. Attachment: Resolution - AAR