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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 crl 0 n.� ca u� a: o_ K r :t v Y. 11 • a yyram \ 'Ell W ` ct is g 3g7ygL W ¢ ddd 2 h q` „Tj is ffi c Sf o�I N J Hj roe — ..... b tz y w HE b � a It $ < F °a I��Jjtve F-1 [-+ ep tar v ;� IN AL F$ 0J L 9 pti w 5� �I� . - -- r` j�j Wf ggg g' R a •i o tu U CA H + c p u 44 <0 s, d � � SyY0N5 a ® -j E � � � r � e � o9M7 j IiWI W 6 FFFjjy a � N Mill tl0 ,33rN 34V 1dW w x 3nY rill Ia t- 1 Q Ci} W 0 4 J 3AY 5 IJy MYiI 3nr W CA 3AV 3 'dam i � y, Y tll'MFa%YYl € @< 3AY 3NIi3Vf a' q 3AV glyl O s = 3AV Savid101 TIM /� AV 30,00 ib �y AV ," 33 0 �i 3AV YI p� 0 >+ AV AVlI1VWyV) N LyVOVN ° 3AV VI A0039 .pA1p tlp 3AV >ony • 3AY o0YJ0AV .J�... 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R� Y O a � 3 a u: \L�^ W 1 3 bj e ;'y r G 5 8ip �aT abJ 20 1YO&M3N ,t a i 14 rc- r C v. 6 N+ d a V - Fe 4 I n, ey � p_tt�- .p 1 J C •� R O a � 3 a u: \L�^ W 1 3 bj e ;'y r G 5 8ip �aT abJ 20 1YO&M3N ,t a i 14 rc- r C 6 N+ a V - Fe 4 I n, ey 1 J C •� R O a � 3 a u: \L�^ W 1 3 bj e ;'y r G 5 8ip �aT abJ 20 1YO&M3N ,t a i 14 rc- r C r Q f s .OL i Q it 1 1 9R V 5� 6 a r Q f s .OL i Q it 1 1 9R V 5� 9 0 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 1 5 r % 157 4 .. F 0 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 torn G 0 157x2 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 Oi57o2 v N Z w C 0 E 0 0 a 4 w !{1 V w A r 33331 �V W CID I o yp 68 F: o� Z 4 V we La 0 4 r �o� Z ■p. W a R-I E _ W N F j ? o' Q Be' z = Y9 oaboa ~A J W a W a LL O V F 1- N s O ^ d LL s W s IL 2 a :E NY lR•N 3n+ A +W yl a• y i LY Ylll Iq1 r' a 32 dr rx33o p Y =' W �l R 3Ar 1 6 > C J J a �l 2: N yr M. 311'1` Q V Y • 31us3m co Mv 3N1mr = Q T �3.rr z1Yt z € 31r ypyolTN 0 • Q +m O i � 3Ar ri Nr U Y b11Mm +OYP 3AV n 33 �OMa� 3Ar oM� tour F 3Ar a3.3wr = W aIMC 8 r Ar z 'I� Mlllry �VyQ k W S LL W O O V ro f- N m �. 6 au •�ro+rlvr :l Y LL o<<x �a 5762 a331A3N 3Lr0 I AD 03113319 Pepe ��f�� S 10 0351A3tl A0 03rD 1530 /031rY9T3 1vMraO u3mu CID 0 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 0 5oq 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 0 L] 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 • 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." 0 RECITALS 0 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. 2 Ll CITY AGREES: SECTION I 0 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. 3 0 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 0 0 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. 5 0 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 0 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 w 0 IN 0 DISTRICT Agreement No. 1212489 8 R &TRIP KAP IMWPORT REACH CORONA DEL NAR LIMT OF RELINOWSRYENT LNOT OF RELINOOISNNENT NP 22.7 NP 98.0 PM 7 4.1 P4 17A • NO SCALE 8 • 0 eio 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 0 0 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