HomeMy WebLinkAbout12 - Relinquishment of Newport BlvdQ "EW poi
CITY OF
°: PORT REACH
C9<I F00.N�P City Council Staff Report
Agenda Item No. 12
February 26, 2013
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
David Webb, Public Works Director
949 - 644 -3328, dwebb @newportbeachca.gov
PREPARED BY: Patrick Thomas, Deputy Director of Public Works /City Engineer
949 - 644 -3319, pthomasna.newportbeachca.gov
APPROVED:
v y
TITLE: Approve Relinquishment Agreement for the Portion of State Route
55 (SR 55) Consisting of Newport Boulevard from Finley Avenue to
the Newport Channel Bridge
ABSTRACT:
After receiving direction from the City Council on February 14, 2012, staff began working
with Caltrans to take ownership of the portion of SR 55 consisting of Newport Boulevard
from Finley Avenue to the Newport Channel Bridge. Execution of the attached
Relinquishment Agreement is the next step in the relinquishment process. Following
approval of this agreement, the California Transportation Commission must adopt a
Resolution of Relinquishment which is recorded to complete the process.
RECOMMENDATION:
Authorize Mayor and City Clerk to execute the Relinquishment Agreement for the portion
of SR 55 consisting of Newport Boulevard from Finley Avenue to the Newport Channel
Bridge.
FUNDING REQUIREMENTS:
No additional funding is necessary for this action at this time. Upon completion of the
relinquishment process, the City will be responsible for maintenance of this portion of
Newport Boulevard which will be incorporated into the pavement management program.
DISCUSSION:
The City initiated the process to potentially relinquish Newport Boulevard from Finley
Avenue to the Newport Channel Bridge, along with the portion of West Coast Highway
from the Santa Ana River Bridge to Jamboree Road by sending a letter to Caltrans in
October 2008. In February 2009, the City received the approved Transportation System
Analysis report from Caltrans and began to pursue legislation that would allow the
Approve Relinquishment Agreement for the Portion of State Route 55 (SR 55) Consisting
of Newport Boulevard from Finley Avenue to the Newport Channel Bridge
February 26, 2013
Page 2
relinquishment to occur. Assembly Bill No. 344 was signed by the Governor on October
11, 2009, authorizing the California Transportation Commission to relinquish the state
highway segments to the City.
Upon completion of the Project Scope Summary Report (PSSR) by Caltrans, City Council
reviewed the PSSR report findings on February 14, 2012 and agreed to move forward with
the relinquishment of the Newport Boulevard segment; and to stop current relinquishment
efforts for the West Coast Highway segment as the cash offer from the State of $97,100
was insufficient to consider accepting responsibility for maintenance and liability of this
portion of the highway.
It was determined to be in the best interests of the City to continue pursuing relinquishment
of the 0.17 mile segment of Newport Boulevard. Significant traffic congestion relief can be
realized by having control of both Finley Avenue and Via Lido traffic signals on Newport
Boulevard. City control will also facilitate the potential for streetscape and pavement
enhancements included in the Lido Village Design Guidelines. This segment of Newport
Boulevard is short so maintenance costs will be small and accident history reveals that
potential liability exposure is also small. The PSSR identified a cost of $20,000 to bring
this segment of highway into a "Safe and Drivable" condition which is the basis of the cash
offer to relinquish; however, the State later identified that it no longer had any
relinquishment funding so the attached Relinquishment Agreement is now based on a no
cash payment from Caltrans. In lieu of cash, City staff is working with Caltrans to provide
in -kind traffic signal equipment upgrades of equal value to the cost identified in the PSSR.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential
for resulting in physical change to the environment.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the
meeting at which the City Council considers the item).
Submitted by:
Public Works Director
Attachment: A. Relinquishment Agreement
12- ORA -55
PM 0.0/0. 17
EA 01,000K EFIS 1200000379
RELUNOUJUSHMENT AGRE, EKE, NT
This Agreement, entered into effective on , is between the STATE OF
CALIFORNIA, acting by and through its Department of Transportation, referred to herein as
"CALTRANS ", and the
CITY OF Newport Beach, a body politic and a municipal
corporation of the State of California, referred to herein as "CITY'%
3 of 10
RI.Ct`I'A16>S
1. CALTRANS and CITY , pursuant to Streets and Highways Code sections 73 and Senate
Bill No. AB 344 (2009), are authorized to enter into a Cooperative Agreement in order to
relinquish to CITY a portion of a State Highway within Cars jurisdiction.
2. CALTRANS intends to relinquish to CITY that portion of State Route 55 (SR 55)
consisting of Newport Blvd.) from Finley Avenue, Post Mile (PM) 0.00 to the southerly
limits of Newport Channel Bridge (PM 0.17) in the City of Newport Beach as shown in
Exhibit A, attached to and made a part of this Agreement, referred to hereinafter as
"RELINQUISHED FACILITIES ". This relinquishment is based on legislation, CITY is
willing to accept said RELINQUISHED FACILITIES upon approval by the California
Transportation Commission (CTC) of a Resolution of Relinquishment and
CALTRANS's recording of said Resolution in the County Recorder's Office.
3, CALTRANS and CITY agree that RELINQUISHED FACILITIES are currently in a state
of good repair.
4. The parties hereto intend to define herein the terms and conditions under which
RELINQUISHED FACILITIES is to be accomplished.
SECTION I
CITY AGREES:
1. Execution of this Agreement constitutes CITY's waiver of CALTRANS's obligation to
provide ninety (90) days prior notice of CALTRANS's "hrtention to Relinquish" as set
forth in Streets and Highways Code section 73.
2. To accept ownership, including all of CALTRANS's current obligations, rights, title and
interest in RELINQUISHED FACILITIES upon recordation of the CTC's Resolution of
Relinquishment in the County Recorder's Office and to thereafter operate, maintain, and
be liable for RELINQUISHED FACILITIES at no additional cost to CALTRANS.
SECTION III
CALTRANS AGREES:
1. To relinquish, upon the approval of the OTC's Resolution of Relinquislunent, the
RELINQUISHED FACILITIES.
4 of
2. To submit the CTC Resolution of Relinquishment to the County Recorder's Office for
recording.
3. To transfer to CITY, within sixty (60) days of the recordation of the CTC's Resolution of
Relinquishment, copies of all available CALTRANS records and files for
RELINQUISHED FACILITIES, including, but not limited to, plans, survey data and right
of way information.
SECTION HII
IT IS MUTUALLY AGREE D:
1, All obligations of CALTRANS under the terms of this Agreement are subject to the
appropriation of resources by the Legislature, State Budget Act authority, and the
allocation of any funds by the CTC.
2. CALTRANS reserves the right to enter, at no cost to CALTRANS, RELINQUISHED
FACILITIES, to modify or add signage, drainage, and other improvements necessary for
State Highway operations. CITY agrees to allow CALTRANS access to operate,
maintain, add, remove, or modify CALTRANS's facilities retained in those collateral
facilities.
3. RELINQUISHED FACILITIES may be recaptured by CALTRANS for future
transportation project, subject to Newport Beach Charter Section 422, at no cost to
CALTRANS and CITY agrees to reconvey property when so requested.
4. Neither CALTRANS nor any officer or employee thereof is responsible for any injury,
damage or liability occurring by reason of anything done or omitted to be done by CITY
and/or its agents under or in connection with any work, authority or jurisdiction conferred
upon CITY under this Agreement, It is understood and agreed that CITY will fully
defend, indemnify and save harmless CALTRANS and all its officers and employees
from all claims, suits or actions of every name, kind and description brought forth under,
but not limited to, tortious, contractual, inverse condemnation or other theories or
assertions of liability occurring by reason of anything done or omitted to be done by
CITY and /or its agents under this Agreement.
5. Neither CITY nor any officer or employee thereof is responsible for any injury, damage
or liability occurring by reason of anything done or omitted to be done by CALTRANS
and /or its agents under or in connection with any work, authority or jurisdiction conferred
upon CALTRANS under this Agreement. It is understood and agreed that CALTRANS
will fully defend, indemnify and save harmless CITY and all its officers and employees
from all claims, suits or actions of every name, kind and description brought forth under,
5 of 10
but not limited to, tortious, contractual, inverse condemnation or other theories or
assertions of liability occurring by reason of anything done or omitted to be done by
CALTRANS and /or its agents under this Agreement.
6. No alteration of the terms of this Agreement shall be valid unless made in writing and
signed by the parties hereto and no oral understanding or agreement not incorporated
herein shall be binding on any of the parties hereto.
7. This Agreement shall terminate upon recordation of the CTC's Resolution of
Relinquishment for RELINQUISHED FACILITIES in the County Recorder's Office
except for those provisions which relate to indemnification, ownership, operation, and
maintenance, which shall remain in effect until terminated or modified in writing by
mutual agreement.
3
6 or1c
SIGNATURES
PAR'T'IES declare IhaC
1. Each PARTY is an nalhorind Icgnl enlity uncles Caliibl"lin s(:flc Inw.
2. Eich PARTY his the authority to enter into this agreement.
:I. The people signing Ibis ugrccment have the authority to do so on behalf al'thcir public agencies,
S "rA'rE OF CALIFORNIA
DEI'AR'I'MEN'I' OF TIIANSPORTAI'ION
By:
District Director
APPROVED AS TO FORM AND
PROCEDURE:
A(lontcy
Deportment of "I'ransporhttion
CER'IIFIRED AS TO FUNDS
Dislricl B
Mnnagcr
CERTIFIED AS TO FINANCIAL TERMS
AND POLICIES:
Accounting Administrator
[CITY /COUNTY] of
By:
[Mayor] or
[Chairman, Boardofsupervisors]
Allcsl:
[C'ily Clerk] or
[Clerk of the Board of Supervisors)
APPROVED AS TO FORM AND
PROC rlI,:
A
(Kw
AHom�cyjor Counsel)
7 o 10
1;XMBIT " -A" — Rdhiquishmeut Mau
8 of 10
STATE OF CALIFORNIA
_ RUMNESS, TRANSPORTATION AND HOUSING AGENCY
DEPARTMENT OF TRANSPORTATION
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