To: Honorable Mayor and Members of City Council
From: Jessica Lowe, Public Works Director
Prepared By: A.J. Paniagua, Management Analyst I
TITLE:
Title
Amendment No. 1 to City Agreement No. 9659 (Napa County Flood Control and Water Conservation District Agreement No. 270026B (Formerly 324FC)) for the Realignment of Lawrence Street
LABEL
RECOMMENDED ACTION:
Recommendation
Adopt a Resolution (1) approving and authorizing the City Manager to execute Amendment No. 1 to City Agreement No. 9659 for the Realignment of Lawrence Street; and (2) determining that the actions authorized by the resolution were adequately analyzed by a previous CEQA action.
Body
DISCUSSION:
On March 18, 2008, City Council adopted Resolution R2008-50 approving City Agreement No. 9659 (District Agreement No. 270026B (Formerly 324FC)) (“Agreement”) with the Napa County Flood Control and Water Conservation District (“District”) for the realignment of Lawrence Street in connection with the Napa River Flood Protection Project. The Agreement included several obligations of both the City and the District that would transfer land between agencies to facilitate the relocation of Lawrence Street, realign the Napa Valley Wine Train tracks, and accommodate construction of the Napa Flood Protection Project.
Under the Agreement, the City was responsible for transferring portions of former Lawrence Street right-of-way and other small parcels needed for the flood control improvements and bridge abutments to the District, as well as adopting an ordinance related to the Napa Valley Wine Train’s rights within the realigned Lawrence Street corridor. The Agreement also required the District to convey easements and property interests associated with the completed realigned Lawrence Street improvements, including public street easements, recreation easements, and fee ownership of the northern and southern Lawrence Street segments to the City. The Agreement required all transfers to occur through a single coordinated close of escrow following completion and acceptance of the railroad improvements and the District’s receipt of title to all parcels to be transferred to the City.
Since execution of the Agreement, some of the required actions have already been completed. The conveyance related to the bridge abutment parcel was completed outside of the anticipated escrow process through a Grant Deed recorded on February 25, 2014, as Document No. 2014-0003645 in the Napa County Official Records. In addition, the required railroad ordinance has already been adopted.
The remaining items consist primarily of administrative property and easement transfers between public agencies related to former railroad right-of-way and the completed street realignment improvements.
Given that the Napa River Flood Protection Project was completed over a decade ago and the realigned Lawrence Street has been in operation since that time, the original escrow structure is no longer necessary or practical to finalize the remaining obligations. There is mutual agreement with the District that the remaining transfers can be completed more efficiently through direct recordation of the required documents, rather than through a formal escrow process.
The proposed amendment to the Agreement formally acknowledges the items already completed, removes the escrow requirement, and commits both parties to diligently complete the remaining property transfers necessary to close out the Agreement.
FINANCIAL IMPACTS:
There is no general fund impact as a result of the proposed action. The property interests being exchanged are former right-of-way parcels transferred between public agencies in connection with a completed public infrastructure project. As transfers between two government agencies, the recordation of deeds is exempt from recording fees pursuant to California Government Code Section 27383.
CEQA:
City staff recommends that the City Council determine that the potential environmental effects of the Recommended Action described in this staff report were adequately analyzed by the Final Environmental Impact Report for the Napa River/Napa Creek Flood Reduction Project approved by the District Board on May 4, 1999, as determined by Resolution R2008-50, pursuant to CEQA Guidelines Section 15162.
DOCUMENTS ATTACHED:
ATCH 1 - Resolution
EX A - Amendment No. 1 to City Agreement No. 9659
NOTIFICATION:
None.