HomeMy WebLinkAbout3/18/2015 - STAFF REPORTS - 2.I. �OQ F A L M$.*
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Cq!lFORN�P City Council Staff Report
Date: March 18, 2015 CONSENT CALENDAR
Subject: ACCEPTANCE OF RELINQUISHMENT OF PROPERTY FROM THE
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION AND
WAIVING THE 90 DAYS' NOTICE OF INTENTION TO
RELINQUISHMENT, ASSOCIATED WITH THE INTERSTATE 10/INDIAN
CANYON DRIVE INTERCHANGE, CITY PROJECT NO. 00-14
From: David H. Ready, City Manager
Initiated by: Department of Public Works & Engineering
SUMMARY:
Reconfiguration of the Interstate 10 / Indian Canyon Drive Interchange resulted in the
realignment of the California Department of Transportation's ("Caltrans") right of way at
the southwest corner of Indian Canyon Drive and 20th Avenue. Caltrans requires
relinquishment of the right-of-way to the City of Palm Springs.
RECOMMENDATION:
1. Adopt Resolution No. , "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, CITY PROJECT NO. 00-14;" and
2. Authorize the City Manager to act on behalf of the City of Palm Springs and
execute associated documents and agreements.
STAFF ANALYSIS:
The Interstate 10/Indian Canyon Drive Interchange, City Project No. 00-14, (the
"Project"), made several improvements to local City streets, including 20th Avenue and
Indian Canyon Drive. As part of the Project, the Indian Canyon Drive at 20th Avenue
intersection was realigned, leaving excess Caltrans right of way at the southwest
ITE"t NO. Ae —
City Council Staff Report
March 18, 2015- Page 2
Indian Canyon Drive/20th Avenue Relinquishment
corner. Caltrans requires the City to incorporate the excess right-of-way into the City's
street system, and has requested the City to facilitate the relinquishment; a copy of the
right-of-way relinquishment map is included as Exhibit "A" to the Resolution. The
right-of-way to be relinquished to the City is a small portion of right-of-way that has
already been improved to the City's satisfaction as part of the Project, and there is no
reason for the City to object to the relinquishment, which is also shown here as Figure
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Staff has prepared a Resolution for City Council adoption to authorize the City Manager
to facilitate the requested relinquishment of a portion of Caltrans right-of-way to the City
of Palm Springs. Section 73 of the California Streets and Highways Code authorizes
Caltrans to relinquish rights-of- way that are no longer part of the state highway system
to a local agency, subject to a 90-day public noticing period. The proposed Resolution
will allow the City to accept the relinquished right-of-way from Caltrans, and waives the
90-day noticing requirement of the Streets and Highway Code for this relinquishment
action by Caltrans.
02
City Council Staff Report
March 18, 2015- Page 3
Indian Canyon Drive/20th Avenue Relinquishment
ENVIRONMENTAL IMPACT:
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. 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. The
requested action 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. Therefore, the requested action is
considered exempt from CEQA.
FISCAL IMPACT:
Accepting a small portion of additional right-of-way from Caltrans transfers to the City an
unknown, but minor, additional cost for future maintenance of the associated street
improvements. As the Project has been completed and improved the right-of-way to be
relinquished to the City, there is no immediate cost to the City associated with accepting
the relinquishment at this time.
SUBMITTED
Prepared by:
Marcus L. Fuller, MPA, P.E., P.L.S.
Assistant City Manager/City Engineer
Approved by:
David H. Ready, h.D
City Manager
Attachment:
1. Resolution
03
RESOLUTION NO.
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, CITY PROJECT NO. 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
04
Resolution No.
Page 2
may have a significant effect upon the environment, the activity is not subject to CEQA;
and
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.
05
Resolution No.
Page 3
ADOPTED THIS 18th day of March, 2015.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
CERTIFICATION
STATE OF CALIFORNIA ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on March 18, 2015, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
06
EXHIBIT "A"
STATE OF CALIFORNIA QB I RIV 1 la -]].I Si z�
CALIFORNIA STATE TRANSPORTATION AGENCY
DEPARTMENT OF TRANSPORTATION LIEEC LI1pe1""oUR
IN THE COUNTY OF RIVERSIDE
RELINQUISHMENT OF COLLATERAL FACILITIES wTF mm�wm
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