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REQUEST FOR <br />COUNCIL ACTION <br />CITY COUNCIL MEETING DATE: <br />SEPTEMBER 8, 2009 <br />TITLE: <br />RESOLUTION WAIVING 90-DAY <br />WRITTEN NOTICE REQUIREMENT OF <br />CALTRANS TO RELINQUISH RIGHT <br />OF WAY TO THE CITY <br />CfTY MANAGER <br />RECOMMENDED ACTION <br />CLERK OF COUNCIL USE ONLY: <br />APPROVED <br />^ As Recommended <br />^ As Amended <br />^ Ordinance on 15` Reading <br />^ Ordinance on 2"d Reading <br />^ Implementing Resolution <br />^ Set Public Hearing For_ <br />CONTINUED TO <br />FILE NUMBER <br />Adopt a resolution to waive the 90-day written notice requirement prior <br />to Caltrans' relinquishing street right of way to the City. <br />DISCUSSION <br />In 1989, the City Council adopted a resolution approving a freeway <br />agreement with Caltrans to widen the I-5 Freeway. The agreement <br />stipulated that, upon relinquishment by Caltrans, the City would assume <br />control and maintenance of any newly created or realigned streets <br />constructed as part of the project (Exhibit 1). Caltrans now wishes to <br />delete these streets from the State Highway System. Under the provisions <br />of the Streets and Highways Code, the State is required to notify any <br />City to whom it intends to relinquish a State highway at least 90 days <br />prior to recordation of such relinquishment. These streets are in good <br />condition. City staff recommends waiving the 90-day notice requirement. <br />ENVIRONMENTAL IMPACT <br />In accordance with the California Environmental Quality Act, the <br />proposed request is not considered to be a project. No further action <br />is required. <br />FISCAL IMPACT <br />There is no fiscal impact associated with this action. <br />~-(2T ~~~ Ir <br />George Alvarez <br />Acting Executive Director <br />Public Works Agency <br />55B-1 <br />