HomeMy WebLinkAbout23792 RESOLUTION NO. 23792
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ACCEPTING THE
RELINQUISHMENT OF COLLATERAL FACILITIES FROM
THE STATE OF CALIFORNIA DEPARTMENT OF
TRANSPORTATION, INCORPORATING THE RIGHTS OF
WAY INTO THE CITY'S MAINTENANCE
REPONSIBILITIES, AND WAIVING THE NINETY DAYS'
NOTICE OF INTENTION TO REQLINQUISHMENT,
ASSOCIATED WITH THE INTERSTATE 10/INDIAN
CANYON DRIVE INTERCHANGE PROJECT (CP 00-14).
WHEREAS, pursuant to Section 73 of the California Streets and Highway Code,
the California Transportation Commission (CTC) may relinquish any frontage or service
road, which has a right of way of 40 feet or more in width, or non-motorized
transportation facility, within the limits of a city or county, which has been constructed as
part of a State highway project but does not constitute a part of a main travelled
roadway, provided the city or county has adopted a resolution consenting to the
resolution; and
WHEREAS, the State of California, Department of Transportation (Caltrans)
desires to relinquish to the City of Palm Springs (City) one segment of Caltrans right-of-
way shown on the Map of Proposed Relinquishment to the City of Palm Springs,
Request No. 494-R (2 sheets) which is included as "Exhibit A" to this resolution; and
WHEREAS, the segment of right-of-way were previously acquired for the
purposes of constructing the Interstate 10 freeway, but do not now constitute a part of
the state highway; and
WHEREAS, the City agrees to accept the relinquishment of this segment of right-
of-way upon approval of the relinquishment by the CTC; and
WHEREAS, pursuant to Section 1806(b) of the California Streets and Highway
Code, the City accepts the portion of the roadway into the City street system; and
WHEREAS, the City agrees to waive the ninety (90) days' notice of "Intention to
Relinquish" requirement contained in Section 73 of the California Streets and Highway;
and
WHEREAS, Section 15061(b)(3) of the California Environmental Quality Act
(CEQA) Guidelines exempts activities that are covered under the general rule that
CEQA applies only to projects that have the potential to cause significant effects on the
environment, and where it can be seen with certainty that there is no possibility the
activity in question may have a significant effect upon the environment, the activity is not
subject to CEQA; and
Resolution No. 23792
Page 2
WHEREAS, adoption of this resolution transfers the ownership and maintenance
responsibilities of a portion of public right-of-way from the state of California to the City
of Palm Springs, with the use of the land as a public right-of-way unchanged, and is
therefore, considered exempt from CEQA in accordance with said Section 15061(b)(3);
and
WHEREAS, pursuant to Section 73 of the California Streets and Highway Code,
the California Transportation Commission may relinquish a portion of state highway to a
city upon the City Council's adoption of a resolution consenting thereto; and
WHEREAS, pursuant to California Government Code 65402, the acceptance of
the segment of excess right-of-way from Caltrans depicted on "Exhibit A" is not subject
to the requirements for submittal to and reporting upon by the City of Palm Springs
Planning Commission as to conformity with the City's adopted general plan as the
relinquishment of right-of-way is the result of an alignment project, and is considered to
be of a minor nature.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. The above recitals are all true and correct and are hereby adopted
as findings.
SECTION 2. The City Council of the City of Palm Springs does hereby accept
the fee interest in the segment of right-of-way depicted in "Exhibit A" from Caltrans and
hereby incorporates it into the City street system.
SECTION 3. The City Council of the City of Palm Springs does hereby finds that
the provisions of Government Code Section 65402 are inapplicable to this real property
transfer because it involves a minor street alignment, and the City Council hereby
waives the ninety (90) days' notice of "Intention to Relinquish" requirement contained in
Section 73 of the California Streets and Highway Code.
SECTION 4. The City Clerk of the City of Palm Springs is hereby authorized and
directed to execute the appropriate acceptance of the relinquished right-of-way segment
for and on behalf of the City of Palm Springs.
SECTION 5. The City Manager of the City of Palm Springs is hereby authorized
to execute and approve required agreements or documents facilitating the
relinquishment of the segment of right-of-way.
Resolution No. 23792
Page 3
ADOPTED THIS 18T" DAY OF MARCH, 2015.
DAVID H. READY, AIAGER
ATTEST:
;AMES THOMPSON, CITY CLERK
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 23792 is a full, true and correct copy, and was dulX adopted at a regular
meeting of the City Council of the City of Palm Springs on the 18 day of March, 2015,
by the following vote:
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills,
Mayor Pro Tem Lewin, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
AMES THOMPSON, CITY CLERK
City of Palm Springs, California
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