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Home My WebLink About06 - Relinquishment of Coast Highway in CDM0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 6 April 27, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Bill Patapoff, P.E. 949 - 644 -3311 bpatapoff@city.newport-beach.ca.us SUBJECT: RELINQUISHMENT OF COAST HIGHWAY IN CORONA DEL MAR — APPROVAL OF A COOPERATIVE AGREEMENT WITH THE STATE OF CALIFORNIA AND ADOPTION OF RESOLUTION NO. 2004- RECOMMENDATIONS: 1. Adopt Resolution No. 2004 - requesting that the State of California relinquish the right -of -way for Pacific Coast Highway between Newport Coast Drive and Jamboree Road. 2. Approve the Cooperative Agreement with the State of California, which provides for the relinquishment of Pacific Coast Highway from Newport Coast Drive to Jamboree Road to the City of Newport Beach. DISCUSSION: On February 8, 2000, City Council authorized City staff and the Corona del Mar Business Improvement District (BID) to meet with Caltrans to discuss the possible relinquishment of a portion of Coast Highway in Corona del Mar. On April 10, 2001, City Council passed a resolution supporting the relinquishment of Coast Highway from Seaward Drive to Avocado Avenue. In September of 2001, the State Legislature passed Senate Bill No. 290 which enabled the California Transportation Commission to relinquish a portion of State Highway SRI (Coast Highway) between the southerly City limits and Jamboree Road. After the annexation of Newport Coast in 2002, the limits were revised to include the portion of this State highway between Newport Coast Drive and Jamboree Road (approximately 3.3 miles). Current State relinquishment policies dictate that the State evaluate the condition of the proposed highway to be relinquished, determine the cost to improve the roadway to a "State of Good Repair' and either upgrade the roadway or compensate the accepting agency for the cost to do the work. In accordance with State procedures, Caltrans prepared a Project Scope Summary Report (PSSR) which evaluated the proposed highway to be relinquished. Over the course of several meetings with City staff, the cost to bring this segment of highway to a "State of Good Repair" was agreed upon and set at $3,511,000. The proposed SUBJECT: Relinquishment of Coast Highway in Corona Del Mar— Approval of a Cooperative Agreement with the State of California and Adoption of Resolution No. 2004_ April 27, 2004 Page 2 estimate includes upgrades to paving, curb, gutter, sidewalk, access ramps, minor • traffic signal rimodifications, striping, signs, catch basin filters, and minor miscellaneous items. The majority of the proposed payment represents the cost to repave portions of Coast Highway in accordance with the Caltrans Pavement report. On March 23, 2004, the City Council accepted the State's offer of $3,511,000 (to be set up in a separate account for maintenance and refurbishment) and directed staff to negotiate a cooperative agreement with the State to relinquish Coast Highway between Newport Coast Drive and Jamboree Road. Both City and Caltrans staff have negotiated an agreement that relinquishes the State right of way to the City of Newport Beach. The City would accept that portion of the State Highway after the California Transportation Commission (CTC) approves a resolution of relinquishment, records the resolution in the County Recorders Office, and the City receives the State's payment. According to Caltrans staff, if all items are approved in a timely manner, the CTC should take action on the relinquishment in June, the recordation of the documents should occur by September, and payment can be expected in October. Submitted by: William Patapo p n G. Badum City Engineer Public Works Director Attachments: Resolution No. 2004 - Cooperative Agreement • LI 0 RESOLUTION NO. 2004 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, REQUESTING THAT THE STATE OF CALIFORNIA RELINQUISH THE RIGHT - OF -WAY FOR STATE HIGHWAY 1 (PACIFIC COAST HIGHWAY) BETWEEN NEWPORT COAST DRIVE AND JAMBOREE ROAD WHEREAS, the City of Newport Beach ( "City ") requests that the State of California ( "State ") relinquish the right -of -way for State Highway 1 (Pacific Coast Highway) between Newport Coast Drive on the east and Jamboree Road on the west to the City of Newport Beach ( "City'); and WHEREAS, the State Legislature has authorized the relinquishment of the portion of State Highway 1 between Newport Coast Drive and Jamboree Road per SB 290, Chapter 825, dated October 13, 2001; and WHEREAS, pursuant to State law, the California Transportation Commission ( "CTC "), upon request from the State Department of Transportation ( "Caltrans "), may relinquish any portion of State highways and Caltrans, District 12 has indicated a willingness to recommend to the CTC that the right -of -way for State Highway 1 be relinquished to the City; and WHEREAS, the City desires to enter into a Cooperative Agreement with Caltrans in accordance with Section 2.52 of the Caltrans Cooperative Agreement Manual to more specifically define the precise boundary, terms, and conditions under which relinquishment will be recommended to the CTC. NOW, THEREFORE, The City Council of the City of Newport Beach, does hereby resolve, determine and order as follows: 1. The City Council of the City hereby requests that Caltrans, District 12 initiate the process to relinquish that portion of the right -of -way for State Highway 1 (Pacific Coast Highway) from Newport Coast Drive on the east to Jamboree Road on the west. 2. The City Council of the City requests that a precise legal description of the area to be relinquished be developed through a joint effort of the City and State and included in a cooperative agreement to be executed by City and State. 3. The City Council of the City hereby acknowledges that it is willing to accept such relinquishment and hereby consents to initiation of relinquishment. F:\USERS\PBW\Shared\Resolutions\PCH-Reliriquishment.doc 4. The City Council of the City hereby expresses its willingness to enter into a cooperative agreement, substantially in the form set forth in the Caltrans Cooperative Manual (Form G -1) to more specifically define the precise boundary, terms and conditions under which relinquishment will be recommended to the CTC. 5. The City Council of the City waives the ninety -day (90) Notice of Intention to Relinquish requirement contained in Section 73 of the Streets and Highways Code. Adopted this 27th day of April, 2004 Mayor ATTEST: City Clerk F:\USERS\PBVAShared\Resolutions\PCH-RelinquiShment.do DISTRICT Agreement No. 12489 12 -Ora - l -pm 14.1 / 17.4 From Newport Coast Drive to Jamboree Road 12209- OC6600 District Agreement No. 12 -489 COOPERATIVE AGREEMENT THIS AGREEMENT, ENTERED INTO EFFECTIVE ON , 2004, is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as "STATE ", and CITY OF NEWPORT BEACH, a body politic and a Municipal Corporation of the State of California referred to herein as `CITY." r1 LJ DISTRICT Agreement No. 12489 i RECITALS 1. STATE and CITY, pursuant to Streets and Highways Code sections 73 and 130, are authorized to enter into a Cooperative Agreement providing for relinquishment to CITY of a portion of State Highway within CITY's jurisdiction. 2. STATE desires to relinquish to CITY that portion of Route 1, between Newport Coast Drive and Jamboree Road, including intersections as shown on Exhibit B, attached to and made a part of this Agreement, and CITY is willing to accept said relinquishment conditioned upon the receipt of funds allocated as provided herein below. 3. STATE and CITY have negotiated an understanding that, while STATE will continue to maintain that part of Route 1 in a state of good repair until the date of relinquishment, CITY will accept the relinquishment of this described portion of Route 1, for a sum of $3,511,000 to be used by CITY for specific improvements and in the form of roadway rehabilitation, sidewalks, etc., all as more particularly described in Exhibit A, attached hereto and made a part of this Agreement. 4. STATE is willing to make this lump sum payment to CITY to satisfy STATE's obligation to place the relinquished highway in a state of good repair. 5. CITY is willing to accept a lump sum payment as STATE's total responsibility to place • the highway in a state of good repair for the purpose of relinquishing highway to CITY. 6. The parties have agreed that STATE will forward and support CITY's request for the allocation of $3,511,000 by the California Transportation Commission (CTC) as that fund which represents that level of improvements and betterments which are sought by CITY, subject to CTC determination that this expenditure is supportable as being in the best interests of the public to improve that property to be relinquished beyond that state of good repair which that portion of Route 1 will be maintained at by STATE to the date of said relinquishment. 7. Relinquishment will occur upon approval by the CTC of a resolution of relinquishment and the recording of said resolution in the County Recorder's Office. 8. The parties hereto desire to define herein the terms and conditions under which relinquishment is to be accomplished. 9. Route 1 has been officially designated as "Pacific Coast Bicentennial Bike Route" in Resolution Chapter 31 & 143 by the California State Senate and Assembly. In addition, Caltrans Deputy Directive 64 (DD64) addresses the need and importance of non - motorized travelers. 10. The legislature has authorized relinquishment of the portion of Route 1 that is located between Jamboree Road and the southern city limits of the City of Newport Beach to the City of Newport Beach, per SB 290, Chapter 825, 10/ 13/2001. 2 DISTRICT Agreement No. 12489 SECTION I CITY AGREES: Execution of this Agreement constitutes CITY's waiver of the ninety (90) days' notice of "Intention to Relinquish" requirement contained in Section 73 of the Streets and Highways Code. CITY may appear before the CTC to offer CITY's substantiation that a payment of these negotiated funds constitutes an allocation that is in the best interests of the State of California when so determined by the CTC in its Resolution of Relinquishment. 2. CITY agrees to accept that allocation determined by the CTC to be in the best interests of the public in its Resolution of Relinquishment as STATE's full and only payment obligation for the relinquishment of that portion of the highway which will be maintained in a state of good repair by STATE to the date of relinquishment. 3. Upon recordation of the CTC's Resolution of Relinquishment in the County Recorder's Office, CITY agrees to accept ownership, including all rights, title and interest in said portion of Route 1 described in Article 2 of Recitals, and to thereafter operate, maintain and be liable for said relinquished facility without any additional cost to STATE. This portion of Route 1 is relinquished "as is" and without any liability by STATE as respects hazardous materials or hidden defects and no subsequent claim may be made by CITY as against STATE as a consequence of such a discovery. . 4. CITY shall maintain adequate and appropriate signs for the use of bicycles and other vehicles on Route 1. At minimum, there shall be erected a total of six (6) signs. This shall consist of three sets of signs, facing northbound and southbound traffic, to be placed in three locations along Route 1. One set of signs shall be placed near the intersection of MacArthur Boulevard, another at Marguerite Avenue and the other at Buck Gully. All the existing bike lanes within the project limit shall be maintained, and must be restored after any resurface work. The segment of Route 1 between Avocado Ave. and Seaward Rd. should include G -93 BIKE ROUTE signs and PACIFIC COAST BICENTENNIAL BIKE ROUTE. 5. CITY agrees to establish a detour bike plan in conjunction with any project and construction that would interfere with bicycle use. The detour plan shall be prepared after adequate public notice seeking inputs from interested bicycle associations and the public at large. 6, CITY shall ensure the continuity of traffic flow on the relinquished portion of Route 1, including, but not limited to, any traffic signal progression required by STATE to serve State Route 1 through traffic. 7. For those portions of Route 1 that are relinquished, CITY shall maintain within its jurisdiction signs directing motorists to the continuation of Route 1. S. In the event of an emergency, as determined solely by STATE and /or the California • Highway Patrol (CHP), CITY agrees that STATE and CHP may assume traffic control over this relinquished route to serve and protect the public safety. 3 DISTRICT Agreement No. 12489 SECTION II STATE AGREES: 1. To recommend that the CTC allocate the negotiated funds in the amount of $3,511,000 as part of CTC's Resolution of Relinquishment to delete this portion of Route 1 from the State Highway System. 2. To pay CITY that amount allocated by the CTC in its Resolution of Relinquishment, which is determined to be in the best interests of the public. The payment of those CTC allocated funds by STATE to CITY will represent STATE's final and only payment for the purpose of this relinquishment. 3. To transfer to CITY, upon relinquishment, all records and files for the relinquished section of highway, including, but not limited to, plans, survey data and right of way information. 4. To deposit with CITY, within thirty (30) days of CTC Resolution of Relinquishment, the amount of $3,511,000, subject to the appropriation of resources by the Legislature, State Budget Act authority. SECTION III IT IS MUTUALLY AGREED: 1. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature, State Budget Act authority and the allocation of resources by the CTC. 2. Neither STATE nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any property, improvements, work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully defend, indemnify and save harmless the STATE and of its _all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of loss, costs or injury (as defined in Government Code Section 810.0) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work authority or jurisdiction delegated to CITY under this Agreement commencing once the Resolution of Relinquishment is filed for recordation. • E DISTRICT Agreement No. 21 -489 . 3. 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. • 4. This Agreement shall terminate upon recording in the County Recorders Office of the relinquishment resolution for this portion of Route 1, or on 12/31/05, whichever is earlier in time except for those provisions which relate to payment, indemnification, ownership, operation, and maintenance which shall remain in effect until terminated or modified in writing by mutual agreement. 5 District Agreement No. 12 -489 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION TONY V. HARRIS Acting Director of Transportation By: ENRIQUE ALONSO Deputy District Director - District 12 APPROVED AS TO FORM AND PROCEDURE: Attorney Department of Transportation CERTIFIED AS TO FUNDS: District Budget Manager CERTIFIED AS TO FINANCIAL TERMS AND CONDITIONS: Accounting Administrator rl DISTRICT Agreement No. 12489 • CITY OF NEWPORT BEACH By: _ (Mayor) Attest: (City Clerk) APPROVED AS TO FORM AND PROCEDURE: r Attorney • 0 • DISTRICT Agreement No. 12489 EXHIBIT A COST ESTIMATE STATE OF GOOD REPAIR Structural Section Work Quantity Unit Unit Price Cost Pavement Repair (Local distress and digouts) Lump Sum - - $11,000 Cold Plane AC Pavement 120,945 in $2.50 $302,400 Rubberized Asphalt Concrete Type G (RAC -G) Overlay of AC Pavement 16,207 tonne $70 $1,134,500 SUBTOTAL (1) $1,447,900 Non - Structural Section Work Quantity Unit Unit Price Cost Adjust Frame and Cover to Grade 5 EA $300 $1,500 Drainage Improvements Lump Sum - - $108,400 Minor Concrete (Miscellaneous Construction) Lump Sum - - $5,000 Curb, Gutter, and Sidewalk Improvements Lump Sum - - $120,100 Access Ramps Improvements Lump Sum - - $83,100 Battery Backup System for Signals 12 EA 1 $5,000 $60,000 Pacific Coast and G -93 bike route signs 6 EA $300 $1,800 Traffic Control Lump Sum - - $126,900 Traffic Stripes & Pavement Marking (Paint & Thermoplastic) Lump Sum - - $43,300 Pavement Markers Lump Sum $31,500 Loop Detectors 150 EA $350 $52,500 NPDES Catch Basin Upgrade 70 EA $1,000 $70,000 Preparation of WPCP Lump Sum - - $2,000 Implementation of WPCP Lump Sum - $5,000 Supplemental Work of WPCP 1 Lump Sum I - $1,500 SUBTOTAL (2) $712,600 SUM OF SUBTOTALS (1) & (2) $2,160,500 10% MOBILIZATION $216,100 20% CONTINGENCY $432,100 TOTAL COST $2,808,700 25% ENGINEERING SUPPORT COST $702,200 TOTAL PROJECT COST $3,510,900 ALTERNATIVE 2 - FINAL PROJECT COST $3,511,000 IN J LWIT OF RELIMOVISMNEMT " 28.0 PY ITA EXHIBIT B DISTRICT Agreement No. 12489 'kj- &TRIP YAP CORONA GEL KKR NO SCALE M LIBIT OF RELINOOISNYENT NP 22.7 Pill 14.1 g� 0 #A to RESOLUTION NO. 2004 -31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, REQUESTING THAT THE STATE OF CALIFORNIA RELINQUISH THE RIGHT - OF -WAY FOR STATE HIGHWAY 1 (PACIFIC COAST HIGHWAY) BETWEEN NEWPORT COAST DRIVE AND JAMBOREE ROAD WHEREAS, the City of Newport Beach ( "City ") requests that the State of California ( "State ") relinquish the right -of -way for State Highway 1 (Pacific Coast Highway) between Newport Coast Drive on the east and Jamboree Road on the west to the City of Newport Beach ( "City "); and WHEREAS, the State Legislature has authorized the relinquishment of the portion of State Highway 1 between Newport Coast Drive and Jamboree Road per SB 290, Chapter 825, dated October 13, 2001; and WHEREAS, pursuant to State law, the California Transportation Commission ( "CTC "), upon request from the State Department of Transportation ( "Caltrans "), may relinquish any portion of State highways and Caltrans, District 12 has indicated a willingness to recommend to the CTC that the right -of -way for State Highway 1 be relinquished to the City; and WHEREAS, the City desires to enter into a Cooperative Agreement with Caltrans in accordance with Section 2.52 of the Caltrans Cooperative Agreement Manual to more specifically define the precise boundary, terms, and conditions under which relinquishment will be recommended to the CTC. NOW, THEREFORE, The City Council of the City of Newport Beach, does hereby resolve, determine and order as follows: 1. The City Council of the City hereby requests that Caltrans, District 12 initiate the process to relinquish that portion of the right -of -way for State Highway 1 (Pacific Coast Highway) from Newport Coast Drive on the east to Jamboree Road on the west. 2. The City Council of the City requests that a precise legal description of the area to be relinquished be developed through a joint effort of the City and State and included in a cooperative agreement to be executed by City and State. 3. The City Council of the City hereby acknowledges that it is willing to accept such relinquishment and hereby consents to initiation of relinquishment. 4. The City Council of the City hereby expresses its willingness to enter into a cooperative agreement, substantially in the form set forth in the Caltrans Cooperative Manual (Form G -1) to more specifically define the precise boundary, terms and conditions under which relinquishment will be recommended to the CTC. 5. The City Council of the City waives the ninety -day (90) Notice of Intention to Relinquish requirement contained in Section 73 of the Streets and Highways Code. Adopted this 27th day of April, 2004 MAYO ATTEST: PO CITY CLERK p� 4 04LI FORT STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF NEWPORT BEACH I, LaVonne M. Harkless, City Clerk of the City of Newport. Beach, California, do hereby certifv that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2004 -31 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 27th day of April, 2004, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan. Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None 9bsent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 27th day of April, 2004. (Seal) City Clerk Newport Beach, California