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HomeMy WebLinkAbout19 - Coast Highway Relinquishment in CdMFebruary 08, 2000 CITY COUNCIL AGENDA ITEM NO. 19 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: COAST HIGHWAY RELINQUISHMENT IN CORONA DEL MAR RECOMMENDATION: That the City propose to Caltrans a relinquishment of the one mile stretch through the Corona del Mar business district and that staff be directed to work with Corona del Mar Business Improvement District representatives to secure a legislator to sponsor legislation to accomplish the relinquishment and to negotiate with Caltrans a "state of good repair' settlement. DISCUSSION: Last fall the Corona del Mar Business Improvement District and the Corona del Mar Residents Association sent letters to the City Council requesting that the City look into the feasibility of assuming control of East Coast Highway through Corona del Mar. These groups felt that if the City controlled the roadway, there would be more flexibility allowed in the use of the sidewalks and a greater ability to implement recommendations from the Corona del Mar Charrette. The procedure used by Caltrans to turn a State Highway over to another agency is called relinquishment. Attached are excerpts from the Department of Transportation "Relinquishment Guidelines — State Highways and Collateral Facilities." The proposed relinquishment would be considered a legislative deletion and would require the City to have a legislator sponsor legislation that would delete the highway from the State Highway system. Prior to recommending to the legislature the deletion of a highway; or a portion thereof, a public hearing should be held and written notice given to all cities and the counties located in the area that might be affected by the deletion. The notice for the public hearing would also need to be published in a newspaper of general circulation for the area. An appropriate California Environmental Quality Act document would also need to be considered at this hearing. If legislation were to be passed deleting the highway, Caltrans would be required to place the highway in a "state of good repair" prior to turning the roadway over to the City. This would be done either through a Caltrans contract or by a transfer of funds sufficient to complete the required improvements. In discussions held with the upper level management of Caltrans District 12, several issues were brought up: 1. State Route 1 (Coast Highway) is a continuous route along the coast from Dana Point through Seal Beach and it provides for circulation needs in this corridor. If the route were relinquished, the route concept would still need to be maintained by retaining the roadway SUBJECT: Coast Highway Relinquishment in Corona del Mar February 08, 2000 Page 2 continuity and capacity. Driver's expectations should not be significantly altered. 2. District 12 would be reluctant to recommend the relinquishment of a small segment of a highway in a city and would look for a logical point such as a city boundary or State route to begin and end the section to be relinquished. For Coast Highway, they suggested that the limits be either the easterly City limits to Newport Boulevard (SR55) or to the westerly City limits. 3. Caltrans will review the condition of the roadway to be relinquished and determine the cost to bring it to a "state of good repair ". The City and Caltrans will then decide which agency will do the work. It is normally preferred that the City receive a financial contribution and be responsible for the necessary work. Caltrans will only consider improvements with a 10 -year life. They do not have any programs to provide for long -term reimbursements to the City for on -going maintenance. 4. If the City takes over all or a portion of Coast Highway, the City will also take over all responsibilities related to the roadway and right -of- way including all claims and tort liability. 5. Caltrans is willing to discuss annual permits for recurring community events. The State policies and procedures will not allow vendors to use sidewalks for sales such as sidewalk sales and dining. Even though it would be the preference of Caltrans to relinquish from the easterly City limit to Newport Boulevard or the westerly city limit, a case can be made that the Corona del Mar business district (Buck Gully to MacArthur Boulevard) is unique. This one -mile long stretch of Coast Highway is heavily used by the surrounding community as their shopping area and has the greatest potential for creating a village like atmosphere. The highway both east and west of the business district is wider and has higher speeds. As the roadway narrows and the speeds reduce due to the area's change of character, there is already the perception that you have left the State Highway and are entering a community. With this concept in mind it is recommended that the city propose to Caltrans that the one mile stretch through the Corona del Mar business district be relinquished and that staff be directed to work with Corona del Mar Business District representatives to secure a legislator to sponsor legislation to accomplish the relinquishment. Why is the relinquishment needed? The Corona del Mar Charrette proposed many improvements in the area that Caltrans standards either do not allow or heavily restrict. Textured pavement and pavers are not allowed. Mid -block bulbouts for added landscaping and at corners to reduce the distance that pedestrians need to travel when crossing a street are not normally approved. Items such as bollard lighting, uplights for trees, special fagade treatments including marquis and awnings, street furniture, and sidewalk dining are desired for the area. Special decorations for the holiday season are ti SUBJECT: Coast Highway Relinquishment in Corona del Mar February 08, 2000 Page a desired to add to the sense of community. An expansion of the median landscaping is proposed for areas that are currently paved. Many of the items listed would be allowed by Caltrans but only after an extensive permitting process. This process requires either the project proponent or the City to visit the Caltrans offices in Irvine and go through a number of staff members and a lengthily process before a permit can be issued. If Coast Highway is relinquished to the City all of the processing would be accomplished in the City. The Corona del Mar Business Improvement District feels that they can find funding sources to accomplish many of the improvements they wish to accomplish and are committed to pursuing these sources as well as preparing the plans needed to accomplish the program they are proposing. Both Caltrans and the City must protect the safety and welfare of all users of the right of way, and neither agency can approve improvements that will interfere with the primary function of Coast Highway, which is to provide pedestrian and vehicular access through the City. If Coast Highway through Corona del Mar is relinquished to the City here are some of the immediate and projected costs that will be incurred by the City. 1. The maintenance, operation and future upgrading of 4 traffic signals are estimated to cost $30,000 per year. 2. Streetsweeping, replacement of signs and striping and spot maintenance call -outs are estimated to cost $25,000 per year. 3. After the first 10 years covered by the Caltrans upgrade at relinquishment, approximately $90,000 per year needs to be set aside to provide for the next 20 years of paving maintenance. 4. In 1996, 79 accidents were recorded on Coast Highway in Corona del Mar. This is 5% of the 1593 accidents that were recorded for the whole City and 20% of the 389 accidents recorded on Coast Highway. The City will be responsible for all claims and lawsuits filed for sections of Coast Highway under our jurisdiction. The number of serious accidents and fatalities is greater along Coast Highway than along other arterials in the City. The cost of defending and settling these claims will be substantial and new design features may increase this liability. 5. The Corona del Mar BID has requested that the City allocate $50,000 annually for their use in improving Coast Highway through Corona del Mar. This is the amount that the General Services Department had estimated would be saved in sidewalk replacement and tree maintenance costs through the reforestation project. Both the City and Caltrans have an obligation to the highway users as well as the community adjacent to the highway. Newport Coast Drive provides a bypass around Corona del Mar for some motorists but there are no convenient parallel routes that will offer a by -pass for coastal travelers or an alternate route from one side of Corona del SUBJECT: Coast Highway Relinquishment in Corona del Mar February 08, 2000 Page 4 Mar to the other for local users. A balance needs to be reached in accommodating the desires of all users as well as creating the village atmosphere that is desired. In addition to securing a legislator to sponsor legislation for the relinquishment, it will be necessary to negotiate with Caltrans to determine the terms for the relinquishment and the amount of the monetary settlement to bring the highway up to a "good state of repair'. It is recommended that the Corona del Mar Business Improvement District representatives work with the City and Caltrans to establish a program for the relinquishment of Coast Highway right -of -way through Corona del Mar and also establish the monetary settlement necessary to bring the roadway up to a "state of good repair'. Once this process has concluded, staff will make a recommendation to the City Council concerning the completion of the relinquishment. Respectfully submitted, PUBLIC WORKS DEPARTMENT Don Webb, Director Attachment: Relinquishment Guidelines — Sate Highways and Collateral Facilities F:1 Users \PBW\ Shared \COUNCIL \Fy99 -00 \February-081CH CDM Relinq.doc DEPARTMENT OF TRANSPORTATION October 28, 1997 Transportation System Information Program (TSIP) Office of Highway System Engineering RELINQUISHMENT GUIDELINES STATE HIGHWAYS AND COLLATERAL FACILITIES Relinquishment of State facilities is by authority of Section 73 of the California Streets and Highways Code. The California Transportation Commission (CTC) adopts a Resolution to relinquish a State facility when authorized by another action, either by the legislature, the CTC, or by an agreement executed by Caltrans. The CTC adheres to specific criteria for each type as discussed in Section 73. Relinquishment related statutes are provided in the attached appendix. Instructions on relinquishments are the responsibility of Design and Local Programs (DLP). The instructions are in Chapter 25 of the Project Development Procedures Manual (PDPM). The Geometronics Branch (Right of Way Engineering and Surveys), Office of Engineering Technology, Engineering Service Center will provide advice for submitting a CTC relinquishment resolution. The resolution of relinquishment is submitted to the CTC by DLP. It is triggered by the following: LEGISLATIVE DELETION When legislation is passed deleting a State highway from the State highway system. II CTC SUPERSEDES the LOCATION of an EXISTING STATE HIGHWAY When the CTC supersedes an existing State highway by adopting another location and the existing highway is. no longer needed for State Highway purposes. III CONSTRUCTION OF COLLATERAL FACILITIES When collateral facilities that are not part of the main traveled way are constructed by a state highway project and the terms of relinquishment are included in an agreement between the local agency and Caltrans. IV NON MOTORIZED FACILITIES in an AGREEMENT When non motorized facilities are covered by agreement between the local agency and Caltrans. General Discussion The legislature usually designates a route by its terminal points and sometimes with additional intermediate locations. The CTC adopts or unadopts highways (the physical route location). Caltrans acquires RIW; builds, operates, maintains, and improves highways; and disposes of unneeded facilities. The relinquishment process transfers ownership of a State highway or a collateral facility to a county or to a city. Some examples are frontage roads, an existing highway superseded by a new facility by a CTC adoption, a highway deleted by legislative act, or a CTC route location transfer. If an existing highway is to be relinquished at the completion of construction of a new replacement facility, the district construction division notifies district Surveys -RIW Engineering four months prior to completion of construction to enable the relinquishment to reach the CTC by the completion of construction, or shortly thereafter. NOTE: A separate process that is sometimes confused with relinquishment iS the freeway recyclingg ' (rescission) process. A rescission is initiated by Caltrans to delete an unconstructed freeway route location when it is unlikely it will ever be built. The rescission allows Caltrans to dispose of previously acquired right of way and the use of funds so generated for other highways. Relinquishment Guidelines October 28, 1997 Page 2 The following describes the deletion of a State highway by legislative act and the subsequent relinquishment of the existing highway: a) A county or city proposes a deletion from the State Highway System to the local Legislator (usually an Assembly Member) with the intent of accepting a transfer of the facility from the State by a CTC relinquishment. The local agency may request the Caltrans' District to initiate steps to delete the highway. Caltrans may also initiate the process independently. b) District Project Development is responsible for immediately notifying the Office of Highway System Engineering (OHSE) in the Transportation System Information Program (TSIP) of a local agency request to delete the highway and/or a request for CTC relinquishment. c) If the proposal is feasible and the local agency is requesting the legislative change through the Legislator, the local agency is responsible for any public hearing and California Environmental Quality Act (CEQA) compliance by use of the local agency's procedures. d) If the proposal is feasible and Caltrans is sponsoring the legislation, Caltrans or the CTC must hold a public hearing near the highway location in accordance with Section 256.1 of the Streets and Highways Code. District Project Development arranges for a hearing.officer and hearing. e) The Caltrans or CTC hearing is advertised at least one month in advance of the hearing date to notify the public and all concerned local entities (county/city governments, transportation planning agencies, etc.) of the time and location. A second notice may be advisable one week prior to the hearing. Information required on hearing notices is contained in Chapter 11 of the Project Development Procedures Manual (PDPM). f) The public hearing is held and the record of hearing is prepared, including the minutes. g) OHSE is notified by the district. If this is a Caltrans proposal, OHSE will draft the language needed to remove the highway from the system and will notify the Legislative Affairs function in the Caltrans Directors Office of the results of the hearing. The legislature passes the legislation and it becomes law (i.e. it is "chaptered "). h) The Legislative Affairs function will notify OHSE of the chaptering of legislation deleting the existing highway from the State Highway System. OHSE will notify the District to proceed with the relinquishment process. The district should proceed with the relinquishment as soon as possible. The procedures for relinquishment are contained in PDPM Chapter 25. All requirements for rehabilitation, cooperative agreements, etc. should have been anticipated so that the items would be complete before the effective date of the law. i) District Project Development prepares a Project Scope Summary Report (PSSR) or Project Report specifying the work necessary to place the highway in a state of good repair, if needed. The project will be programmed in the State Highway Operation and Protection Program ( SHOPP). In lieu of a construction project, SHOPP Funds determined by a PSSR estimate based on a 10 -year pavement design life may be transferred to the local agency by a Cooperative Agreement. The State SHOPP construction project usually would be completed before the relinquishment action by the CTC. A Cooperative Agreement for the funds transfer should be executed before the CTC acts on the relinquishment so funds could be delivered to the local agency shortly after the CTC action. j) District Surveys -Right of Way Engineering submits a request for CTC relinquishment to the Geometronics Branch of the Office of Engineering Technology in the Headquarters Engineering Service Center (ESC) along with appropriate documents. k) Design and Local Programs submits the relinquishment resolution to the CTC which has been prepared by the Geometronics Branch, ESC. 1) When the CTC passes a relinquishment resolution, the Geometronics Brapch, ESC, sends a certified CTC Resolution of Relinquishment to the district Surveys -R/W Engineering. The district records the action with the county recorder, (appropriate maps, legal descriptions, etc.). Relinquishment Guidelines October 28, 1997 Page 3 A state of good repair is not required by statute for a route deleted by legislation. However, policy as stated in Chapter 25 of the PDPM does provide for a state of good repair for a highway deleted by legislation (This serves to promote a cooperative relationship with the local agency). II Relinquishment of an existing State highway superseded by relocation of a route segment is authorized when the CTC approves a resolution of Route Adoption (Route adoption procedures are documented in Chapter 23 of the Project Development Procedures Manual [PDPM]; PDPM Chapter 25 covers Relinquishment). a) The following describes relinquishment of a highway superseded by relocation: 1. A project is developed to construct a new highway on new alignment including environmental studies. The project could be a curve correction, a freeway bypass, or a conventional highway bypass. 2. At project initiation, the local agency should be informed of the processing steps required for relinquishment and work planned for the existing highway. 3. The project should include specific measures for placing the superseded highway into a "state -of- good - repair" as required by Section 73 of the Streets and Highways Code. A 10 -year design life for the rehabilitation work is specified in Article 2, Chapter 25 of the PDPM. 4. A joint field review involving the local agency is held to get an understanding of the features of required work on the existing facility and to resolve any differences. 5. The project for the new location is approved, PS&E is developed and construction begins. 6. At project approval, the district submits a Route Adoption to DLP for submittal to the CTC. 7. -The CTC adopts the new location for the highway segment. The CTC resolution includes a clause that the existing facility is to be relinquished. A location is adopted after the project is approved because the environmental documents are considered by the CTC. 8. The DLP transmits the certified resolution and route adoption trap to the district. 9. The district files the resolution and map with the local agency and records them with the county recorder. 10. If the new facility is a freeway or controlled access highway, a freeway agreement is prepared and executed between the local agency and Caltrans, after project approval. A clause in the agreement states that the local agency agrees to accept the existing facility and any collateral facilities. A contract is prepared and awarded, and the project is constructed. 11. Four months before the completion of the construction project, the Resident Engineer informs the district Surveys -Right of Way Engineering function of the time that the construction contract and the rehabilitation of the existing facility will be completed. 12. District Surveys -Right of Way Engineering transmits the appropriate maps and documents to the Geometronics Branch, Office of Engineering Technology, ESC, for preparation. Design and Local Programs submits the relinquishment to the CTC. 13. The CTC approves the resolution relinquishing the existing facility. 14. The Geometronics Branch sends a certified CTC Resolution of Relinquishment to district. 15. The district files the relinquishment resolution with the local agency and records the appropriate documents with the county recorder. b) SPECIAL CASE PROCEDURE: A transfer of highway location by a CTC route adoption as documented in Article 5, Chapter 23 of the PDPM. Section 2109 of the Streets and Highways Code requires that a local highway proposed for State ownership must be laid out as a State Highway. This means that the local highway must meet State standards of design. A field review is conducted to determine any deficiencies that will need correction before the CTC adopts the facility as a State highway. Relinquishment Guidelines October 28, 1997 Pane 5 2. A RELINQUISHMENT IS RARELY NEEDED WHEN A TRAVERSABLE HIGHWAY IS ADOPTED SINCE THERE USUALLY IS NO SURPLUS EXISTING STATE FACILITY. 3. However, Section 2109 of the Streets and Highways Code requires that a traversable highway proposed for State ownership must be laid out as a State Highway. This means that the highway must meet State design standards. A field review is conducted to determine any deficiencies that will need correction by the local agency before the CTC adopts the facility as a State highway. 4. Section 74.5 of the S &H Code requires the local agency to conduct a public hearing prior to recommending a CTC adoption of the local facility as a state highway location. III, IV Collateral facilities are features such as frontage roads, cul -de -sacs, local network roads and streets, exclusive bikepaths (non motorized facilities, including sidewalks), etc., that are built during freeway, expressway, or highway project construction. The terms of ownership, transfer of ownership and future maintenance of collateral facilities must be covered by a resolution passed by the local agency or an agreement between the local agency and Caltrans (freeway agreement, controlled access highway agreement, cooperative agreement, maintenance agreement, or some other type of agreement ). The CTC can then relinquish the facility. FUNDING - GENERAL Caltrans maintains State highways (and makes expenditures for exclusive public mass transit guideway purposes) using annually budgeted funds from the State Highway Account in the State Transportation Fund (Received under Section 2108, S &H Code). Counties receive apportionments by the State Controller by the 28th day of each month from the Highway Users Tax Account in the Transportation Tax Fund pursuant to Sections 2104 to 2107.7. The apportionments or appropriations to the counties are calculated monthly according to formulas in these Code Sections, with the remainder transferred to the State Highway Account. A transfer of funds in lieu of a project providing a "state -of- good - repair" (10 -year pavement design life) is appropriate for relinquished State facilities (Chapter 25, PDPM). Funds originate from the SHOPP for projects to provide a state -of -good -repair on highways deleted by legislation. District Project Development prepares estimates based on a Project Scope Summary Report (PSSR) or a Project Report specifying the work necessary to place the facilities into a State of good repair, if nee de . For highways superseded by relocation and for collateral facilities, funding derives from the parent project. The parent project providing rehabilitation of existing superseded facilities would normally be completed before acceptance of the new highway. This means that the relinquishment would not be a consideration until the project is completed and construction is accepted. For a SHOPP project on a State highway deleted by legislation, the work would be completed before the CTC relinquishment. For a funds transfer, funds determined by a 10 -year design - life estimate would be transferred to the local agency by a Cooperative Agreement. The funds transfer usually takes place just after the CTC relinquishment. Relinquishment Guidelines October 28, 1997 Page 6 PUBLIC HEARINGS REQUIRED for HIGHWAY CHANGES BY LEGISLATION pursuant to S &H Code Sections 74.5 and 156.1 - GENERAL A public hearing is required when a legislative change is proposed to a highway in the State Highway System. Several differing circumstances require public hearings. 1. When Caltrans recommends deleting a highway or a portion of a highway from the State Highway System, a public hearing must be held prior to making the recommendation, pursuant to Section 256.1 of the Streets and Highways Code. Either Caltrans or the California Transportation Commission (CTC) holds the hearing. The CTC usually will assume the responsibility for a hearing in controversial or highly publicized cases. Caltrans holds a hearing in non - controversial - situations. However, Caltrans policy requires that there be no controversy or opposition to a Caltrans recommendation to delete a highway. This prevents any negative outcome, or undesired change to the proposal while in the legislative process. Circumstances that affect proposed deletions are: a) A deletion of an unconstructed State highway is less complicated than a deletion of an existing highway; b) An existing State highway deletion will require a relinquishment after the deletion. A deletion of an existing freeway or expressway will require the CTC to declare that the facility no longer has freeway or expressway status in the California Freeway and Expressway System; c) Cleanup legislation after a transfer of highway location may not need a hearing other than the one by the local agency that was required for the CTC Route Adoption. Either a Caltrans or a CTC procedure is used for public hearings for a) or b). 2. When a local agency recommends that the Legislature approve a new State Highway Route or that the CTC adopt a location for a State highway, a public hearing must be held pursuant to Section 74.5 of the Streets and Highways Code by the planning commission or the legislative body of the city or county. The hearing should be held prior to introduction of the legislation. When a city or county requests a legislative deletion of a State highway from the State Highway System, a public hearing should be held prior to the local agency's recommendation. Hearings for legislative deletions recommended by local agencies are given authority by Section 74.5, since a transfer of a local agency facility to the State Highway System and the subsequent relinquishment of the superseded State facility bsually requires cleanup legislation to delete a portion of the highway or to change the highway description. , The local agency procedures are used for the local agency proposal. 3. Legislative public hearings are held by conunittees of the houses of the Legislature or by the Legislature. When a proposal is non controversial, chance is unlikely for a change or an unexpected outcome during the legislative process. The legislature uses its own procedures. Where district proposed legislation requires a hearing, the district must allocate resources to 1) detect any source of opposition or controversy, 2) develop strategies to minimize or overcome the opposition, 3) organize a public hearing format that fits the needs of the proposal. A deletion of a major route that is in the Freeway and Expressway System may generate a great deal of public interest and may require involvement of the CTC in a hearing. -On the other hand, a route location that has had public meetings and is opposed by the public may have little interest when the legislation is proposed to delete the highway. Thus, a hearing with no opposition to the proposed deletion may be advertised, scheduled, and arranged with minimal requirements. Hearing Guidelines November 3, 1997 Page 7 A The following describes a Caltrans proposal to delete a State highway: a) The Caltrans Transportation System Information Program conducts a biennial review of legislation by requesting recommendations from the districts. From the district responses, proposed legislation is drafted and submitted to Caltrans Legislative Affairs to be forwarded to the Legislature. The district also may send a request at times other than the biennial review. b) For deletions from the State highway system, District Project Development is responsible for arranging, advertising, scheduling and conducting a public hearing. This hearing must be completed prior to the deadline for finalizing the proposed legislation. c) In controversial or highly visible situations, the district requests the CTC to conduct the public hearing. However, Caltrans policy requires deferring any controversial proposals. The CTC is requested to hold the hearing, and only if the highway deletion is determined essential. d) Caltrans or the CTC must hold the public hearing near the highway location in accordance with Section 256.1 of the Streets and Highways Code. District Project Development usually arranges for a hearing officer and hearing. e) The Caltrans or CTC hearing is advertised (at least one month in advance of the hearing date) to notify the public and all concerned local entities (county/city governments, transportation planning agencies, etc.) of the time and location. A second notice may be advisable one week prior to the hearing. Information required on hearing notices is contained in Chapter 11 of the Project Development Procedures Manual (PDPM). f) The public hearing is held and the record of hearing is prepared, including the minutes. The public hearing purpose is to discuss the details of the deletion only. The procedures in PDPM Chapter 11 should be tailored to arrange a hearing that suits the proposed deletion details. The presentation need not be lengthy or elaborate. g) The district sends to the Office of Highway System Engineering the record of public hearing and the request for processing the deletion. The draft language and the request for legislation is prepared by the Office of Highway System Engineering and sent to Legislative Affairs. On occasion, the district will deal directly with Legislative Affairs. B The following describes a local agency proposal to delete a State highway: a) A county or city proposes a deletion from the State Highway System to the local Legislator (usually an Assembly Member) with the intent of accepting an existing facility from the State by a CTC relinquishment. The local agency may propose deleting an unconstructed State Route to accommodate changes proposed to the General Plan. The local agency may request the Caltrans District to initiate steps to delete the highway. Caltrans may also initiate the process independently. For Caltrans process see the above steps. b) District Project Development is responsible for immediately notifying the Office of Highway System Engineering (OHSE) in the Transportation System Information Program (TSIP) of a local agency request to delete an existing highway and/or a request for CTC relinquishment. c) If the proposal is feasible and the local agency is requesting the legislative change through the Legislator, the local agency is responsible for the public hearing and California Environmental Quality Act (CEQA) compliance by use of the local agency's procedures. The public heating is held and the record of hearing is prepared, including the minutes. The district notifies the Office of Highway System Engineering of the results of the public hearing. The legislator sponsors the legislation. Relinquishment Guidelines October 28, 1997 Page 9 Within the 90 -day period, the board of supervisors or the city council may protest in writing to the commission stating the reasons therefore, including, but not limited to, objections that the highway is not in a state of good repair, or. is not needed for public use and should be vacated by the commission. In the event that the commission does not comply with the requests of the protesting body, it may proceed with the relinquishment only after a public hearing given to the protesting body on 10 days' written notice. Conveyance to U.S. 73.5. Whenever any area has been or may hereafter be constituted a National park or be added to any existing National park and jurisdiction thereover has been ceded by the legislature to the United States, any lands within such area acquired for highway purposes may be conveyed by the department to the United States on such terms as the commission shall approve. NOTE. Section 73.5 provides for a CTC transfer to the United States government of State lands acquired for highway purposes (This would include a highway). Section 73.5 is included here because of the similarity to a relinquishment. Petition by City or County 74. Any city or county aggrieved by any decision of the department, under the provisions of Division 3 (commencing with Section 2004.5) or under the provisions of Sections 186.3 and 186.5, may within 30 days after such decision, petition the commission for a hearing. If a petition is filed, the commission shall hear the petition as soon as conveniently possible and after reasonable notice to such city or county. The commission shall make its order allowing or disallowing the petition, in whole or in part, and the commission's order shall be final and conclusive. NOTE. The quote "commencing with Section 2004.5" refers to a Section that has been deleted from statute. However, the Intent of Section 7 4 in regard to Division 3 remains intact. Section 74 deals with a protest filed by a county or city on the basis of funding apportionment or distribution from the Highway Users Tax Account in accordance with Division 3, not a specific protest to a relinquishment. Public Hearing by City or County 74.5 The planning commission and legislative body of a city or county shall, prior to recommending the adoption of a state highway route by the Legislature or the selection of a state highway location by the commission, conduct a public hearing on the subject. DEPARTMENT OF TRANSPORTATION June 2, 1998 Transportation System Information Program (TSIP) Office of Highway System Engineering PUBLIC HEARING GUIDELINES FOR PROPOSED LEGISLATIVE DELETIONS OF STATE HIGHWAYS FROM THE STATE HIGHWAY SYSTEM PUBLIC HEARINGS REQUIRED for HIGHWAY CHANGES BY LEGISLATION GENERAL A public hearing is usually required when a proposal is made for a legislative deletion of a highway from the State Highway System. The following describes public hearings: When Caltrans recommends deleting a highway or a portion of a highway from the State Highway System, a public hearing must be held prior to the introduction of the legislation, pursuant to Section 256.1 of the Streets and Highways Code. Either Caltrans or the California Transportation Commission (CTC) holds the hearing. The CTC will be requested to assume the responsibility for a hearing in controversial or highly publicized cases. Caltrans will hold a hearing in non- controversial situations. However. Caltrans policy requires that a proposal fZe non controversial and without opposition when Caltrans recommends deleting .4 highway. This prevents -a= negative outcome Q undesired change while ip ft legislative rod cess. Circumstances that affect proposed deletions are: a) A deletion of an unconstructed State highway is less complicated than a deletion of a constructed highway; b) A deletion of an existing State highway will require a relinquishment after the deletion. A deletion of an existing freeway or expressway will require a CTC declaration that the facility no longer has freeway or expressway status in the California Freeway and Expressway System; c) Cleanup legislation after a transfer of highway location may not need a hearing other than the one by the local agency that was required for the Route Adoption by the CTC. Either a Caltrans or a CTC procedure is used for a public hearing for a) or b). 2: When a local agency recommends that the Legislature approve a new State Highway Route or that the CTC adopt a location for a State highway, a�ublicchhearing must be held pursuant to SP dnn 24 t of rhr . treets and Hiahways Code by the nlannms commission r e egtTttys to When a city or county requests legislation to delete a State highway from the State Highway System, a public hearing probably should be held (but not required) prior to introduction of the legislation. However, a deletion by legislation recommended by a local agency does not have e statutory requirement for a public hearing. A hearing is required by Section 74.5 when a local agency recommends a transfer of a local facility to the State highway System (new location). The subsequent relinquishment of the superseded State facility may require cleanup legislation to delete a portion of the highway or to change the highway description. The local agency hearing procedures are used for local agency proposals. 3. Legislative public hearings are held by committees of the houses of the Legislature, or by the Legislature. When a proposal is non controversial, there is little chance for a change or an unexpected outcome during the legislative process. The legislature uses its own hearing procedures. Where district proposed legislation requires a hearing, the district must 1) detect any source of opposition or controversy, 2) by use of Community involvement techniques, reduce the opposition or controversy, 3) organize a public hearing format that fits the proposal. 11, Hearing Guidelines June 2, 1998 Page 2 A deletion of a major route that is in the Freeway and Expressway System may generate a great deal of public interest and may require involvement of the CTC in a hearing. On the other hand, a route location that was previously opposed, but was presented to the public in meetings(hearings may have no interest when the legislation deleting the highway is proposed. Thus, a hearing with no opposition to the proposed deletion may be advertised, scheduled, and arranged with minimal requirements. 1 The following describes a Caltrans proposal to delete a State highway: a) The Caltrans Transportation System Information Program conducts a biennial review of legislation by requesting recommendations from the districts. From the district responses, proposed legislation is drafted and submitted to Caltrans Legislative Affairs to be forwarded to the Legislature. The district also may send a request at times other than the biennial review. b) For deletions from the State highway system, District Project Development is responsible for arranging, advertising, scheduling and conducting a public hearing. This hearing must be completed prior to the deadline for finalizing the proposed legislation package. c) In controversial or highly visible situations, the district requests the CTC to conduct the public hearing. However, Caltrans policy requires deferring any controversial proposals. The CTC is requested to hold the hearing only if the deletion of the highway is necessary. d) Caltrans or the CPC must hold the public hearing near the highway location in accordance with Section 256.1 of the Streets and Highways Code. District Project Development usually arranges for a hearing officer and hearing. e) The Caltrans or CTC hearing is advertised at least one month in advance of the hearing date to notify the public and all concerned local entities (county/city governments, transportation planning agencies, etc.) of the time and location. A second notice may be advisable one week prior to the hearing. Information required on hearing notices is contained in Chapter 11 of the Project Development Procedures Manual (PDPM). f) The public hearing is held and the record of hearing is prepared, including the minutes. The public hearing purpose is to discuss the details of the deletion only. The procedures in PDPM Chapter 11 should be tailored to arrange a hearing that suits the proposed deletion details. The presentation need not be lengthy or elaborate. See the attached example Record of Hearing. g) The district sends to the Office of Highway System Engineering the record of public hearing and the request for processing the deletion. The draft language and the request for legislation is prepared by the Office of Highway System Engineering and sent to Legislative Affairs. On occasion, the district will deal directly with Legislative Affairs. 2 The following describes a local agency proposal to delete a State highway- a) A county or city proposes a deletion from the State Highway System to the local Legislator (usually an Assembly Member) with the intent of accepting an existing facility from the State by a CTC relinquishment. The local agency may propose deleting an unconstructed State Route to accommodate changes proposed to the local General Plan. The local agency may request the Caltrans District to initiate steps to delete the highway. Caltrans may also initiate the process independently. For Caltrans process see the above steps. b) District Project Development is responsible for immediately notifying the Office of Highway System Engineering (OHSE) in the Transportation System Information Program (TSIP) of a local agency request to delete an existing highway and/or a request for CTC relinquishment. c) If the proposal is feasible and the local agency is requesting the legislative change through the Legislator, the local agency is responsible for conducting a public hearing (if required) and compliance with the Califomia Environmental Quality Act (CEQA) by use of the local agency's procedures. d) The public hearing is held and the record of hearing is prepared, including the minutes. The district notifies the Office of Highway System Engineering of the results of the public hearing. The legislator sponsors the legislation. 0 Hearing Guidelines June 2, 1998 Page 3 FOLLOWING ARE SECTIONS FROM THE CALIFORNIA STREETS AND HIGHWAYS CODE THAT MANDATE PUBLIC HEARINGS Public Hearing by City or County 74.5 The planning commission and legislative body of a city or county shall, prior to recommending the adoption of a state highway route by the Legislature or the selection of a state highway location by the commission, conduct a public hearing on the subject. Report on Deletion of Highways 256.1. Prior to recommending to the Legislature the deletion of a highway, or a portion thereof, from the state highway system, the commission or the department shall hold a public hearing on, and shall give written notices to the legislative bodies of the cities and counties located in the affected area of the proposed recommendation, and shall publish notice of the public hearing in a newspaper of general circulation in the areas affected by the proposed deletion. The commission or the department may, at its own option, because of controversy or lack of local consensus, hold the hearing at a location. which is reasonably convenient to the communities affected by the proposed deletion, to the general public, and to the commission or the department in the discharge of its regular business. ,h Project Development Procedures Manual - Chapter 25 California State Department of Transportation Project Development Procedures Manual (PDPM) http: //w . dot. ca. govl hq/ oppd/ pdpnJchap _htm/chapt25 /ehapt25.htm CHAPTER 25 - Relinquishments ARTICLE I - General Streets & Highways Code Section 73 of the Streets and Highways (S &H) Code requires that the "highway" must be placed in a "state of good repair" (which includes maintenance as defined in Section 27, S &H Code) prior to relinquishment of routes superseded by relocation. On State highways deleted by legislative enactment, Caltrans places the highway in a "state of good repair" prior to the date the relinquishment becomes effective. Section 73 also specifies that Caltrans is not obligated for widening, new construction, or for major reconstruction, unless specifically directed by the CTC. As defined in Section 23, S &H Code, "highway" includes bridges, culverts, curbs, drains and all works incidental to highway construction, improvement, and maintenance. Responsibilities Projects superseding an existing highway by relocation should include specific measures for placing the existing highway in a "state of good repair" for relinquishment. Major widening of the superseded highway or other improvements (except safety work) that result in upgrading or betterment should not be considered; however, the city or county may elect to pay for improvements whose costs exceed what is required to place the existing facility in a "state of good repair." At the earliest possible time during the scoping process, the district. and local agency should come to a clear understanding of each party's financial responsibilities. When the district and the local agency cannot agree on what constitutes a "state of good repair," the PD Coordinator should be involved in the matter. The Design and Local Program (DLP) will process a report to the CTC and a hearing will usually be scheduled at a regular monthly meeting of the CTC. ARTICLE 2 - Policy Early Action Relinquishments are to be completed as soon as possible after construction of a replacement facility in order to conserve maintenance funds and minimize potential legal liabilities. 1 Ora 122/99 11 .79 AM Project Development Procedures Manual - Chapter 25 Programming hilp: //w .dol,o .gov/liq/oppd/pdpm/cliap_htm/chapt25/chapL25,him Costs for the proposed relinquishment work should be covered in the PSR and the PR for the relocation project that supersedes the existing highway. The programming of the relocation project should include funds needed for any relinquishment work. A PSSR needs to be prepared if the relocation PR does not adequately define the scope, cost, and schedule of the relinquishment work. A PSSR would be prepared also for a State highway deleted by legislative enactment. Justification of Work Rehabilitation work proposed as a condition of relinquishment must be justified. This includes corrective work (if any) on bridges, culverts, curbs, drains, pavement, pedestrian facilities, or other facilities that are part of the highway in order to place the facility into a maintainable condition. In no case is the pavement rehabilitation design life to be in excess of 10 years. ARTICLE 3 - Procedures Scoping As early as possible in the project scoping process negotiations with the local agency should begin. At that early stage, it is important that the local agency has a clear understanding of each party's responsibilities related to "relinquishment. A PSR, PSSR, or PR should include specific recommendations for placing the existing highway in a state of good repair prior to relinquishment. For some projects, the completion of construction may be a number of years away and it may be too early to determine the scope and strategy of the pavement rehabilitation work that will be required for relinquishment. Nevertheless, the report for the relocation project should cover the anticipated relinquishment work and estimated costs, to the extent possible. These costs are important for programming purposes. Also see Chapter 23, Article I' for route adoption considerations for cases where a route adoption is used to supersede an existing facility. Pavement Deflection Study Prior to completion of the PSSR, PSR, or PR on projects involving rehabilitation of distressed asphalt concrete pavement, the Pavement Consultant Services Branch, of the Office of Materials Engineering and Testing Services, of the Engineering Service Center, should be requested to perform a pavement deflection study. This study is performed to determine the need for an overlay and /or other pavement rehabilitation treatment. It will be used for project scope and cost estimating purposes. For proper project scoping and cost estimating, the pavement deflection study should be no more than 1.5 years old. In those instances where relinquishment work will not be undertaken for a number of years, a follow -up pavement deflection study must be performed no more than 12 months prior to construction of the relinquishment project. This is done to determine if pavement deterioration occurring since the previous study is significant enough to warrant a ?nl R,,. ,....... Projw Nvetopmcnt Prmedures Manual . Chapter 25 h"p://uww.dot.w.gov/hq/oppd/pdpm/chap-him/chapL25/cliapt25.htm new rehabilitation strategy. If a new strategy is required for the repair work, a new agreement may need to be negotiated with the local agency. If the new strategy substantially increases the final scope and costs from that anticipated in the original PSSR or PR, a supplemental PR or a new PSSR must be prepared. Joint Field Review The deflection study and resultant recommendations are to be based on truck traffic projections that consider both the diversion of through traffic, as well as local traffic projections. Such projections must be in agreement with the local/regional General Plan for land use. Following receipt of the deflection study recommendations, and before completion of the PSSR, PSR, or PR, a joint field review with the involved city or county should be conducted to eliminate any misunderstandings and to resolve any differences. Where the deflection study finds that there is no need for pavement rehabilitation, an overlay should not be included in the project. Suitable surface sealing may be included if warranted by the current preventive maintenance program. Funding Adherence to the 10 -year pavement rehabilitation design criteria may make such work eligible for federal funding. Major widening or other improvements (except safety work) included to obtain federal aid, should not be considered if it would result in upgrading or betterment. In these cases, the city or county may elect to pay the portion of the cost over and above that which is justified in order to upgrade the facility geometrically or structurally (a design for more than a 10 -year life). CTC Resolution Section 73, SRH Code, requires that relinquishment of roads, streets or highways must be made by a CTC resolution. Relinquishment action is required by Caltrans when (1) a route is superseded by relocation (the CTC route adoption resolution contains a clause that specifies the relinquishment action), (2) a route location is deleted from the State Highway System by legislative enactment, or (3) when new construction or improvements to the local system are made by a construction contract. Freeway Agreements, Relinquishment of Local Roads A standard Freeway Agreement usually identifies for relinquishment those local roads constructed as part of a freeway project. If a Freeway Agreement is not involved or does not provide for all project work on local roads, another agreement or a resolution adopted by the local agency is required. This agreement or resolution is the basis for relinquishment action by the CTC. When a local agency adopts a resolution that consents to accepting the facility, a separate freeway agreement is not required for purposes of the relinquishment. In both cases preparation of the relinquishment package for CTC action is the responsibility of the Right of Way Engineering function. Instructions on relinquishments are contained in the Right of Way Manual. However, responsibility for scheduling CTC action has been transferred to the DLP. �n1R 1212/99 1 139 Ah1 Project Development procedures Manual - Chapter 25 Request for CTC Action http: //w .dot.".gov/hq/ oppd/ pdpm /chap_htn✓chapt25 /chapL25.htm Requests for relinquishment resolutions must be forwarded to Chief of the Engineering Service Center (ESC), Office of Engineering Technology (OET) four months prior to the anticipated completion date of all construction projects involving transfer of superseded State highways. This will permit one month for processing and mailing of the 90 -day written notice of intention to relinquish, as required by statute. If the city or county protests in writing, special efforts should be made to resolve any issues raised. Any major issues with the city or county should be resolved before the start of construction, during either the plan preparation stage or the joint field review of the existing highway. Deletion of a Route by Legislative Enactment When any portion of a State highway has been deleted from the State Highway System by legislative enactment, such relinquishment becomes effective upon the first day of the next calendar year or fiscal year, whichever first occurs after the effective date of the legislative enactment. The CTC relinquishes the portion of existing State highway to a county or city. The responsibility for the submittal belongs to the Caltrans District Right of Way Engineering function. In addition, a project may need to be developed to place the highway in a "state of good repair" prior to the date the relinquishment becomes effective. Lack of Local Agency Agreement Relinquishments should be elevated to DLP when the district is not able to resolve a disagreement with the local agency. The DLP Program Manager should be notified by memorandum if (l) the district and the local agency have exhausted all reasonable efforts to agree on the "state of good repair" features included in the PSR or PR, or (2) if there is a protest from the 90 &SITY;day notice that the highway is not needed for public use and should be vacated, or (3) if there are other disagreements subsequent to Report approval. All pertinent facts regarding negotiations, as well as the district's recommendations for action to resolve the issues, should be included in the memorandum. Similar notification should be provided when there is a backlog of relinquishments in the district. Where the requests of the protesting party can not be reasonably accommodated and the relinquishment is ready for submittal to the CTC, DLP will process a Caltrans report on the matter to the CTC. In some circumstances, this would include submitting a relinquishment for CTC approval with a transfer of funds equal to the cost of a State project to provide a state of good repair in lieu of an actual State administered construction project. The procedures for processing difficult relinquishments are discussed in Article 5 and Article 6. ARTICLE 4 - Collateral Facilities General dorR .fl .onion t.nn AKI °RECEIVED AFT R AGENDA PRIMED." � mi)0'00 FEB —a All :13 Of f�L Le b(eni�i4f e?9Ri q and Place C! ?Y OE i!E'�PCiZT BEACH Corona del Mar CHAMBER of COMMERCE web site: www.cdmehamber.com e-mail: cdmchamber @earthlink.net February 7, 2000 Newport Beach City Council 3300 Newport Boulevard Newport Beach, CA 92658 RE: Transfer of Pacific Coast Highway from Caltrans to Newport Beach Dear Council Members; The Corona del Mar Chamber of Commerce is very supportive of the effort to obtain the Right of Way of Pacific Coast Highway from Caltrans by the city of Newport Beach. It is felt that local control would best serve the community of Corona del Mar in the business area as well as the residential areas. The ambiance and quality of life of the area would be greatly enhanced by beautification efforts with local control. The complete cooperation of the City, Chamber of Commerce, BID and Corona del Mar Residents Association would make a mighty statement to all of our city with endless possibilities for the future. We are a village that supports our local businesses, enabling us to be directly under Newport Center is sales revenue. That, too, can be increased with local control of the highway that bisects our community. 2843 East Coast Highway • Post Office Box 72 • Corona del Mar, CA 92625.949/673 -4050 Fax 949/673 -3940 We are in accord with all the other entities who are endeavoring to make Corona del Mar an even greater business and residential area by hopefully slowing traffic to admire the results of our beautification program which would no longer be hampered by "red tape" from Caltrans. We earnestly request that you consider taking control of PCH from MacArthur Boulevard to Buck Gully so that we all may work together for a better Newport Beach and Corona del Mar. Respectfully, Luvena Hayton, Executive Board Secretary LH:plc CC: BID, Residents Association