HomeMy WebLinkAboutC-3699 - Right-of-Way/Relinquishment of Pacific Coast Highway (Route 1) between Newport Coast Drive and Jamboree Road in Corona del Mar - District Agreement No. 12-489STATE OF CALIFORNIA— BUSINESS TRANSPO)MbN AND HOUSING AGENCY ARNOW SCHWAR?F.NEGGER Gow rror
DEPARTMENT OF TRANSPORTATION
DIVISION OF RIGHT OF WAY AND LAND SURVEYS
OFFICE OF LAND SURVEYS
1727 30ih Street
P. O. BOX 168041
SACRAMENTO, CA 95816 -8041
PHONE (916) 227 -7669
FAX (916) 227 -7670
TTY (916) 227 -8454
June 25, 2004
City of Newport Beach
City Council
3300 Newport Boulevard
Newport Beach, CA 92663
R/W ENGINEERING
Relinquishments
12- Ora -1 -PM 14.1/17.4
c�
Flex your power!
Be energy efficient!
Rel. Req. No. R120010
Legislative Deleted State Highway
CTC Res.: R3581
CTC Date: June 17, 2004
RELINQUISHMENT OF HIGHWAY RIGHT OF WAY
Enclosed for informational purposes only is a certified copy of the above- referenced
California Transportation Commission Resolution of Relinquishment. This action
was taken in accordance with Senate Bill 290, Chapter 825, Statutes of 2001.
The relinquishment will become effective upon recordation with the County Recorder.
Our District Office will handle the recording and will advise you immediately
thereafter.
Sincerely,
MARK S. TURNER, Chief
Office of Land Surveys
Division of Right of Way and Land Surveys
Enclosure
Date _// /(o
Copies Sent To:
. dayor
Council Member
_,-2-Manager
'0-A to nee
❑
"Caltrans improves mobility across California"
TRANSPORTATION COMMISSION
RESOLUTION No. R3581
PASSED BY
CTC
1•"
NW
TRUMPMAMORCOM WSSION
RELINQUISHMENT OF HIGHWAY RIGHT OF WAY IN THE
CITY OF NEWPORT BEACH, ROAD 12- ORA -I -PM 14.1/17.4
Request No. R120010
WHEREAS, by cooperative agreement dated May 4, 2004,
between the City of Newport Beach and the State of California,
the City agreed to accept title to a portion of State Highway
Route 1, between Newport Coast Drive and Jamboree Road, upon
relinquishment thereof to said City by the State of California;
and
WHEREAS, by said cooperative agreement, the City of
Newport Beach is willing to accept a lump sum payment as the
State's total responsibility to place said portion of Route 1 in
a state of good repair; and
WHEREAS, this Commission does hereby approve the terms
and conditions of said cooperative agreement; and
WHEREAS, this Commission has the authority by
resolution to relinquish pursuant to Legislative enactment; and
0 0
WHEREAS, in accordance with Section 301.5 of the
Streets and Highways Code, as added by Chapter 825, Statutes of
2001, this Commission has found and determined, and does hereby
find and determine, that it is desirable and in the public
interest that said highway be relinquished to the City of Newport
Beach for use as a city street;
NOW, THEREFORE, IT IS VOTED by the California
Transportation Commission that it relinquish and it does hereby
relinquish, to the City of Newport Beach, effective upon the
recordation of a certified copy hereof with the Recorder of
Orange County, all of the State of California's right, title and
interest in and to said State highway, described as follows:
That portion of legislative deleted highway right of
way in the City of Newport Beach, County of Orange, shown as
SEGMENT 1 , as delineated shaded and stippled on maps recorded on
May 11, 2004, in State Highway Book No. 13, pages 23 through 24,
inclusive, records of Orange County.
THIS IS TO CERTIFY that the foregoing resolution was duly
passed by the California Transportation Commission at its meeting
regularly called and held on the 17th day of June 2004 in the
City of Los Angeles and that the foregoing is a full and correct
copy of the original reso tionn Dated this 21st day of June 2004.
CALIFORNIA TRANSPORTATION COMMISSION
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DISTRICT Agreement No. 12 -489
12- Ora - l -pm 14.1 / 17.4
From Newport Coast Drive to
Jamboree Road
12209- OC6600
District Agreement No. 12 -489
THIS AGREEMENT, ENTERED INTO EFFECTIVE ON a , 2004, is
between the STATE OF CALIFORNIA, acting by and through ifs 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."
15782
DISTRICT Agreement No. 12 -489
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 CITTs 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 CYIY'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 i77b�
SECTIONS I
CITY AGREES:
DISTRICT Agreement No. 12 459
1. Execution of this Agreement constitutes CI'IY's waiver of the ninety (90) days' notice of
"Intention to Relinquish" requirement contained in Section 73 of the Streets and
Highways Code. CrIY may appear before the CTC to offer CPIY'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
3
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157 4 ..
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DISTRICT Agreement No. 12 =489
Highway Patrol (CHP), CITY agrees that STATE and CHP may assume traffic control
over this relinquished route to serve and protect the public safety.
SECTION R
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 flies 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.
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
4 x15782
DISTRICT Agreement No. 12489
jurisdiction delegated to CITY under this Agreement commencing once the Resolution
of Relinquishment is filed for recordation.
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
:i 5782
0
District Agreement No. 12 -489
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
TONY V. HARRIS
Acting Director of Transportation
M
Director - District 12
APPROVED AS TO FORM AND PROCEDURE:
— � a)(�
Attomey
Department of Transportation
CERTI IED AS TO FTR 1 7 :'
i
Distnct Budget anager
CERTIFIED AS TO FINANCIAL TERMS
AND CONDITIONS:
0
DISTRICT Agreement No. 12!489
CITY OF NEWPORT BEACH
By: ; �
(Mayor)
Attest: (/!k V &l/N(_./i </. �V7�if
(City Clerk)
APPRO D AS TO FORM AND PROCEDU
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EXHIBIT A
COST ESTIMATE
STATE OF GOOD REPAIR
0
DISTRICT Agreement No. 12 -489
Structural Section Work
Quantity
Unit
Unit
Price
Cost
Pavement Repair (Local distress and digouts)
Lump Sum
-
-
$11,000
Cold Plane AC Pavement
120,945
m2
$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
$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
Lump Sum
-
$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
$702400
TOTAL PROJECT COST
$3,510,900
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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.
015782
0
1]
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 27"' day of April, 2004
ATTEST:
I /
MAYO
015782
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 certify 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
Absent: 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
J.1
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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.Ga.us
SUBJECT:
APR 2 'r 2004
RELINQUISHMENT OF COAST HIGHWAY IN COR NA
APPROVAL OF A COOPERATIVE AGREEMENT WITH THE
STATE OF
CALIFORNIA AND ADOPTION OF RESOLUTION NO. 2004 --�J—
RECOMMENDATIONS:
Adopt Resolution No. 2004- 31 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 Califomia, 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 SR1 (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 Highway in Corona Del Mar- Approval of a Coope• Agreement with the State of
California and Adop of Resolution No. 2004 -
April 27, 2004
Page 2
estimate includes upgrades to paving, curb, gutter, sidewalk, access ramps, minor
traffic signal modifications, 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:
U )CiiW250=0 I C William Patapo S p n G. Badum
City Engineer Public Works Director
Attachments: Resolution No. 2004 -
Cooperative Agreement
0 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-Relinquishment.doc
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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.
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 27v' day of April, 2004
Mayor
ATTEST:
City Clerk
F:\USERS\PBMShared\Resolutions\PCH-Relinquishment.doc
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DISTRICT Agreement No. 12489
12- Ora- l- pml4.1117.4
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."
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RECITALS
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DISTRICT Agreement No. 12-489
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.
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Ll
CITY AGREES:
SECTION I
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DISTRICT Agreement No. 12489
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 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.
8. 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.
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STATE AGREES:
SECTION II
0
DISTRICT Agreement No. 12-489
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.
El
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DISTRICT Agreement No. 12489
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.
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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
R1
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DISTRICT Agreement No. 12-489
CITY OF NEWPORT BEACH
By: _
(Mayor)
Attest:
(City Clerk)
APPROVED AS TO FORM AND PROCEDURE:
Attorney
•
EXHIBIT A
COST ESTIMATE
STATE OF GOOD REPAIR
0
DISTRICT Agreement No. 12-489
Structural Section Work
Quantity
Unit
Unit
Price
Cost
Pavement Repair (Local distress and digouts)
Lump Sum
-
-
$11,000
Cold Plane AC Pavement
120,945
m2
$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
$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
Lump Sum
-
$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
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DISTRICT Agreement No. 1212489
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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.
0
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 27"' day of April, 2004
r
MAYO
ATTEST:
CITY CLERK
�g
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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 certify 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
Absent: 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