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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 />CITY 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 2nd 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 />George Alvarez <br />Acting Executive Director <br />Public Works Agency <br />55B -1 <br />