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HomeMy WebLinkAbout09 - Relinquishment of Bristol Street North & SouthCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 9 May 11, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department William Patapoff, P.E. 949 - 644 -3311 bpatapoff @city.newport- beach.ca.us SUBJECT: RELINQUISHMENT OF BRISTOL STREET NORTH AND SOUTH — APPROVAL OF COOPERATIVE AGREEMENT WITH STATE OF CALIFORNIA AND ADOPTION OF RESOLUTION NO. 2004 RECOMMENDATIONS: 1. Approve the cooperative agreement with the State of California, which provides for the relinquishment of that portion of the Northbound and Southbound Bristol Street Frontage Roads on State Route 73 (SR 73), between Jamboree Road and Irvine /Campus Drive to the City of Newport Beach. 2. Adopt Resolution No. 2004 -_ to accept the request of the State of California to relinquish the right -of -way for Northbound and Southbound Bristol Street Frontage Roads on State Route 73 (SR 73), between Jamboree Road and Irvine /Campus Drive. 3. Direct staff to invoice the State of California in the amount of $750,000. DISCUSSION: The Bristol Street Frontage Roads are currently under the jurisdiction of Caltrans. They were a part of the SR 73 system prior to and during the construction of the 73 freeway and San Joaquin Hills toll road as a connection to MacArthur Boulevard (previous SR 73 alignment). As part of the 405/73 confluence cooperative agreement with Caltrans, various improvements to the freeway system were required. The final construction improvement was the connector between the northbound 73 and the southbound 55 (Connector B), which removed traffic from the City of Newport Beach streets via the Bristol frontage roads and kept the traffic on the freeway. This improvement satisfies the City's position taken over the years that the frontage roads could then be relinquished to the City. SUBJECT: Relinquishment of Bristol Street — Approval of Cooperative Agreement with Caltrans May 11, 2004 Page 2 Caltrans has now requested that the City accept the relinquishment of these frontage roads and include them as a part of the City street system since they no longer function as part of the freeway system. Staff has worked with Caltrans to determine the costs to place the roads in a state of good repair. After many field reviews and meetings, including a pavement study conducted by Caltrans, the cost to perform the necessary work was determined to be $750,000. In lieu of performing the work, Caltrans is willing to pay the City this amount in a lump sum payment after the California Transportation Commission's (CTC) Resolution of Relinquishment is recorded with the County Recorder's office. Upon receipt of the funds, the City can then budget for a Capital Improvement Project to construct those portions of Bristol Street in need of immediate rehabilitation and place the remaining funds in an account for future maintenance of the roadway. Construction i tems u sed t o d etermine t he $ 750,000 i included g rinding a nd paving the streets with rubberized asphalt concrete, re- striping the streets, constructing curb, gutter and sidewalk in various areas, upgrading ADA ramps, constructing minor traffic signal improvements, and relocating Caltrans owned fence and irrigation. According to Caltrans staff, the CTC is scheduled to vote on the programmed funds in June and take action for relinquishment in August. If approved, the recordation of the documents would take place in September and subject to the appropriation of funds, the $750,000 would be sent to the City in October. Prepared by: Attachments: Cooperative Agreement Resolution No. 2004- Submitted m G. Badum Works Director 12- ORA -73 KP7.4/9.3(PM4.6/5.8) SR 73, Bristol Street Frontage Road From Jamboree Road to Campus Drive/Irvine Avenue 12208 029301 District Agreement No. 12 -404 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." District Agreement No. 12 -404 RECITALS 1. STATE and CITY, pursuant to Streets and Highways Code sections 73 and 130, are authorized to enter into a Cooperative Agreement in order to relinquish to CITY a portion of a state highway within CITY's jurisdiction. 2. STATE desires to relinquish to CITY that portion of the Northbound and Southbound Bristol Street Frontage Roads on State Route 73, (SR 73), between Jamboree Road and Irvine Avenue /Campus Drive, 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 hereinbelow. 3. STATE and CITY have negotiated an understanding that, while STATE will continue to maintain that part of Bristol Street Frontage Roads on SR 73 in a state of good repair until the date of relinquishment, CITY, for an amount of $750,000 for specific improvements and betterments in the form of roadway rehabilitation, more particularly described in Exhibit A, attached hereto and made a part of this Agreement, will accept the relinquishment of the described portions of these SR 73 frontage roads. 4. STATE and CITY agree on the necessary work to place the Bristol Street Frontage Roads in a state of good repair and agree that the cost to perform such work is $ 750,000. 5. STATE is willing to pay CITY the agreed amount to perform these improvements in lieu of STATE performing the pavement rehabilitation on Bristol Street Frontage Roads. 2 District Agreement No. 12 -404 6. CITY is willing to accept the said amount as STATE'S total responsibility to improve these portions of the highway for the purpose of relinquishing the Bristol Street Frontage Roads to CITY. 7. Relinquishment to CITY will occur upon approval by the California Transportation Commission (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. SECTION I CITY AGREES: 1. 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 asserts that the 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. To submit an invoice in the amount of $750,000, which figure represents the lump sum total amount of performing the pavement rehabilitation on Bristol Street Frontage Roads, to the 3 District Agreement No. 12 -404 STATE within thirty (30) days of recordation of the CTC's Resolution of Relinquishment in the County Recorder's office. 3. 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 rehabilitation by CITY of that portion of the highway which will be relinquished by STATE to CITY. 4. 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 SR73 described in Article 2 of Recitals, and to thereafter operate, maintain and be liable for said relinquished facility without any additional cost to STATE. 5. To assume the responsibility of determining the pricing and the quantities of the contract items and to develop the Special Provisions for the contract to rehabilitate of this portion of SR 73. 6. To assume the responsibility to advertise, award and administer the construction contract to rehabilitate this portion of SR 73. SECTION II 19 District Agreement No. 12 -404 STATE AGREES: 1. To recommend that the CTC allocate the negotiated funds in the amount of $750,000 as part of the CTC's Resolution of Relinquishment to delete this portion of SR 73 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, within sixty (60) days of the recordation of the CTC's Resolution of Relinquishment, all available STATE records and files for the described portions of Bristol Street Frontage Roads on SR 73 , including, but not limited to, plans, survey data and right of way information. 4. To provide copies of all existing plans and quantities to CITY for the rehabilitation of the described portions the Bristol Street Frontage Roads on SR 73. 5. Upon proper application by the City and the City Contractor, to issue, at no cost to CITY and CITY's contractor, the necessary encroachment permits for required wort: within the State Highway Right of Way. 5 District Agreement No. 12 -404 6. To deposit with CITY, within thirty (30) days of recordation of the CTC's Resolution of Relinquishment in the County Recorder's office and the receipt of an invoice from the CITY, the amount of $750,000, which figure represents the lump sum total amount of performing the pavement rehabilitation on Bristol Street Frontage Roads, subject to the appropriation of resources by the Legislature and the 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 those 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 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 of California, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any 2 District Agreement No. 12 -404 work authority or jurisdiction delegated to CITY under this Agreement once the Resolution of Relinquishment is filed for recordation. 3. Neither CITY 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 STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is understood and agreed that, pursuant to Government Code Section 595.4, STATE shall fully defend, indemnify and save harmless the City of Newport Beach, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by STATE under or in connection with any work authority or jurisdiction delegated to STATE under this Agreement once the Resolution of Relinquishment is filed for recordation. 7. 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. 8. This Agreement shall terminate upon recording in the County Recorders Office of the relinquishment resolution for this portion of SR 73, or on December 31, 2005, 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. 7 STATE OF CALIFORNIA Department of Transportation TONY HARRIS Acting Director of Transportation By: ENRIQUE ALONSO Deputy District Director ` Project Delivery APPROVED AS TO FORM AND PROCEDURE Attorney, Department of Transportation CERTIFIED AS TO FINANCIAL TERMS AND CONDITIONS Accounting Administrator CERTIFIED AS TO FUNDS District Budget Manager 0 IC District Agreement No. 12 -404 CITY OF NEWPORT BEACH Mayor Attest: City Clerk APPROVED AS TO FORM AND PROCEDURE City Attorney District Agreement No. 12 -404 EXHIBIT A COSTS OF REHABILITATION BRISTOL STREET RELINQUISHMENT ITEMS COST ROADWAY $564,000 MOBILIZATION, 10% $56,400 SUBTOTAL $620,400 CONTINGENCY, 5% $31,020 CONSTRUCTION TOTAL $651,420 CONSTRUCTION MANAGEMENT, 15% $97,773 GRAND TOTAL $749,133 (CALL $750,000) M District Agreement No. 12-404 12-ORA-73 KP 7,4/9,3 (PM 4,6/5,8) Route 73, Bristol Street Relinquishment 12208 - 023901 March 10. 2004 EXHIBIT B LOS ANGELES COUNTY BREA SAN BERNARDINO CUNTY FULLERTON PIVE-RSIDE PLACENTIA COUNTY ANAHEIM Pi GARDEN ORANGP. GROVE WK TUSTIN V 'N -, SEAL � BEACH . SANTA 6h ANA HUNTA ON IR INE -- ---- --- DEAQ COSTA MESA NE R -H MISSION PROJECT VIEJO LOCATION il LAGUNA 0 BEACH RIVERSCE COUNTY DANA 0 SANJUAN POINT CAPISTRANO t SAN a-GO 0 CajNTY SAN CLEMENTE us, RESOLUTION NO. 2004 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AGREEING WITH THE REQUEST OF THE STATE OF CALIFORNIA TO RELINQUISH THE RIGHT -OF -WAY FOR NORTHBOUND AND SOUTHBOUND BRISTOL STREET FRONTAGE ROADS ON STATE ROUTE 73 BETWEEN JAMBOREE ROAD AND IRVINE AVENUE /CAMPUS DRIVE WHEREAS, the City of Newport Beach ( "City ") agrees with the State of California ( "State ") to relinquish the right -of -way for Northbound and Southbound Bristol Street Frontage Roads on State Route 73 (SR73) between Jamboree Road and Irvine Avenue/ Campus Drive to the City of Newport Beach ( "City "); 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 that portion of Northbound and Southbound Bristol Street Frontage Roads of SR73 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 agrees that Caltrans, District 12 initiate the process to relinquish those portions of the right -of -way for Bristol Street Frontage Roads of SR73 between Jamboree Road and Irvine Avenue /Campus Drive. 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 11th day of May, 2004 Mayor for the City of Newport Beach ATTEST: City Clerk FAUSE RS \PBWShared\ Resolutions \Bristol- Relinquishment.doc RESOLUTION NO. 2004 -38 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AGREEING WITH THE REQUEST OF THE STATE OF CALIFORNIA TO RELINQUISH THE RIGHT -OF -WAY FOR NORTHBOUND AND SOUTHBOUND BRISTOL STREET FRONTAGE ROADS ON STATE ROUTE 73 BETWEEN JAMBOREE ROAD AND IRVINE AVENUE /CAMPUS DRIVE WHEREAS, the City of Newport Beach ( "City ") agrees with the State of California ( "State ") to relinquish the right -of -way for Northbound and Southbound Bristol Street Frontage Roads on State Route 73 (SR73) between Jamboree Road and Irvine Avenue/ Campus Drive to the City of Newport Beach ( "City'); 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 that portion of Northbound and Southbound Bristol Street Frontage Roads of SR73 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 agrees that Caltrans, District 12 initiate the process to relinquish those portions of the right -of -way for Bristol Street Frontage Roads of SR73 between Jamboree Road and Irvine Avenue /Campus Drive. 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. 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. 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 11th day of May, 2004. ATTEST: /G� f�9ayor 70_M,t`,Ld� City Clerk CADocuments and Settings \Iharkless \Local Settings \Temporary Internet Files \OLKB \Bristol- Relinquishment.doc STATE OF CALIFORNIA COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven: that the foregoing resolution, being Resolution No. 2004 -3£ 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 11th day of May. 2004, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan, Rosansky. Adams, Bromberg, Nichols, Mayor Ridgeway Noes: None Absent: Webb Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affvted the official seal of said City this 12th day of flay, 2004. (Seal) City Clerk Newport Beach. California