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
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_ 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 -