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HomeMy WebLinkAbout55B - 90 DAY WRITTEN NOTICEREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 8, 2009 TITLE: RESOLUTION WAIVING 90-DAY WRITTEN NOTICE REQUIREMENT OF CALTRANS TO RELINQUISH RIGHT OF WAY TO THE CITY CfTY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution to waive the 90-day written notice requirement prior to Caltrans' relinquishing street right of way to the City. DISCUSSION In 1989, the City Council adopted a resolution approving a freeway agreement with Caltrans to widen the I-5 Freeway. The agreement stipulated that, upon relinquishment by Caltrans, the City would assume control and maintenance of any newly created or realigned streets constructed as part of the project (Exhibit 1). Caltrans now wishes to delete these streets from the State Highway System. Under the provisions of the Streets and Highways Code, the State is required to notify any City to whom it intends to relinquish a State highway at least 90 days prior to recordation of such relinquishment. These streets are in good condition. City staff recommends waiving the 90-day notice requirement. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed request is not considered to be a project. No further action is required. FISCAL IMPACT There is no fiscal impact associated with this action. ~-(2T ~~~ Ir George Alvarez Acting Executive Director Public Works Agency 55B-1 {SCALE N.7.S.) - . i._ _. _s 1 .._ ... ._._._._ ~ ~ ~ ~ (j( i j i I I r EASTWOOD AV i i`- _ ___ 1 i c r~ 1 -~~ ~ ; ~ ~ r ' i.! ~N/ ~_; %~ ' ~ ~ I~' 1. - ~. 1 ~ ~ 1_ _ ~.~ i ~ .~~:W ~ 7 . 3P jfjJ ~~ l r, i t is 7_'- - _ ~__. __r-_ I ii I~ 1 Y\ ~ \~' 't ~~ ~~ ~ ~ ~~'~ ~ti ( > A` L _____ _ _. .. .__..) /~z FULLER ST f ~i 1 f ~~ ' ~.. - - ~- - -- - LINCOLN AV_. - _., _.. _. _ , _ _ __~ .. __ ___ __.__ I ' _" _ ._ ~ T ~ ---; ~ 1 ~~ f i I r i_ ---- I F !o ~ LocAN sT roc<x s, - x sr '~ P f ~ ~~ j FAIRMONT $T , / ~ ~ i ' ~ ._--- - __ - -- - -~ r- ~e J ~.__ tus?ER_s1 - - -- -' t I~ ff/ i i -- ~ i OAKMONT PL ~ '¢ %' ~ _' - ~ ~" r, . ~_ ~~ ,, , ~. . ~ ~„ / / $ANTIaGO AV se aa~ f 7 ~ ~ ~ ~ r ~ ~ f ~ ~~/ ~ p~~,~,.s l ~e /~ ~ ~ ~ i ~ ~~ ~ ~~~~ ~~ ~ ~~ ~ ~ ~ ~ / ~~ ,.-' P`- ~ ~ ,fib` '\ ,~ ~ ~•. , /" ~ i I r i I FR ~, ~ - ,. ~~ i=r ~ -~ - ~`.-j ~.~. s, ~= ,~~ - _. ~__ .. _ _-_~ ~ _ . i ~ , o~ s, _ -- ~- ~ ~~~ r~- -- - - - - _ , \~ _ AREA TO BE RELINQUISHED EXHIBIT 1 SANTA ANA TItIB: CITY COUNCIL P~ WAIVE 90-DAY WRITTEN NOTICE AGENDA DATE: REQUIREMENT OF CALTRANS TO SEPTEMBER 8, 2009 RELINQUISH RIGHT OF WAY TO THE CITY RIBLC ~OPoCS AGENtr RESOLUTION 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA WAIVING THE STATUTORY NOTICE BY THE STATE OF CALIFORNIA OF ITS INTENT TO RELINQUISH RIGHT-OF-WAY ALONG STATE HIGHWAY ROUTE 5 WITHIN THE CITY Iss08/25/09 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The State of California, Department of Transportation ("State") acquired title to certain parcels of land abutting State Highway Route 5, to complete highway projects; and B. The State wishes to relinquish its title to certain portions of completed streets to the City, as depicted in Exhibit A, attached hereto and incorporated by reference; and C. Section 73 of the California Streets and Highways Code requires that the State notify any City to whom the State intends to relinquish a highway, of its intent to do so not less than ninety (90) days before recordation of such relinquishment; and D. The City of Santa Ana and the State have met regarding the relinquishment of the said parcels, and determined the ninety day written notice requirement will prolong the process of relinquishment without benefit to the City or the State. Section 2. The City Council of the City of Santa Ana hereby waives its right to receive ninety days prior written notice by the State of its intent to relinquish right- of-way depicted in Exhibit A, to the City of Santa Ana pursuant to California Streets and Highways Code, Section 73. Resolution 2009 - 55B-3 Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 2009. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: AYES: NOES: Laura Sheedy Assistant City Attorney ABSTAIN: NOT PRESENT: CERTIFICATE OF ATTESTATION & ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby certify the attached Resolution No. to be the original resolution adopted by the City Council of the City of Santa Ana on . Date: Clerk of the Council City of Santa Ana 55B-4 Resolution 2009 -