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Home My WebLink About06-10-2014 C11 Bob Jones Right of WayCity of San Luis Obispo, Council Agenda Report, Meeting Date, Item Number FROM: Daryl R. Grigsby, Public Works Director Prepared By: Peggy Mandeville, Principal Transportation Planner SUBJECT: RESOLUTION ACCEPTING CALTRANS RIGHT OF WAY FOR THE BOB JONES CITY-TO-SEA TRAIL RECOMMENDATION Adopt a resolution accepting Caltrans right of way for the Bob Jones City to Sea Trail. DISCUSSION Background On January 22, 2013, Council adopted Resolution No. 10418 (Attachment 1) requesting Caltrans relinquishment of State right of way for the Bob Jones City-to-Sea Trail connection to Los Osos Valley Road. The adopted resolution allowed the City to proceed with construction of the project within State right of way. At the time, Caltrans identified the use of a relinquishment agreement that would be implemented by staff (per the resolution) as the document that would finalize the property transfer. Now Caltrans is asking that the property transfer be finalized by Council resolution instead. Caltrans has requested that this item be placed on the June 10, 2014 agenda to meet Caltrans June deadline for submission to the California Transportation Commission for their action. CONCURRENCES Natural Resources staff and the City Engineer support the relinquishment citing that State encroachment permits would no longer be needed for fish passage or creek maintenance projects. The City Engineer reviewed the Disclosure of Potential Contamination (Attachment 2) and noted that while there is the potential for contamination, the majority of the area proposed for relinquishment will remain in an undeveloped state reducing the City’s risk, and most of the contamination has an identified responsible party. FISCAL IMPACT The fiscal impact of the relinquishment is estimated to be minimal because the area is less than one acre, and the trail is the City’s responsibility even if the property remains under State control. The Zone 9 Flood Control and Water Conservation District has historically provided annual funding for creek maintenance activities; however, the funding is not guaranteed or within the City’s control. City resources will be necessary to address maintenance and public service requests for the newly created Bob Jones Trail facility and security issues that may result near the creek area. The relinquishment of the property will have little to no effect on increased costs to the City for these purposes. 6/10/14 C11 C11 - 1 Bob Jones Trail Right of Way Acceptance Page 2 ALTERNATIVES Deny the resolution accepting State right of way. This alternative is not recommended because Caltrans conditionally approved the trail development contingent on the City accepting the right of way. Maintenance of the new facility will be made more difficult due to the need to obtain permits from the State for work activities. ATTACHMENTS 1. 2013 Council resolution requesting relinquishment 2. Disclosure of Potential Contamination 3. Resolution accepting right of way T:\Council Agenda Reports\2014\2014-06-03\Bob Jones Right of Way\CAR Bob Jones Right of way.docx C11 - 2 RESOLUTION NO .10418 (2013 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO REQUESTING CALTRAN S RELINQUISH STATE RIGHT OF WAY FOR THE BOB JONES CITY-TO-SEA TRAI L WHEREAS,the City of San Luis Obispo's approved route for the Bob Jones City-to-Se a bike trail includes a section north of Los Osos Valley Road that is within State right-of-way fo r Highway 101 ; and WHEREAS,the City of San Luis Obispo ("City") requests that the State of Californi a ("State") relinquish the right-of-way to the City for the Bob Jones City-to-Sea Trail ; and WHEREAS,pursuant to State law, the California Transportation Commission ("CTC"), upon request from the State Department of Transportation ("Caltrans"), may relinquish an y portion of State highways and Caltrans, District 5 has indicated a willingness to recommend t o the CTC that the right of way be relinquished to the City for the Bob Jones City-to-Sea Trail ; an d WHEREAS,the City desires to enter into a Relinquishment Agreement with Caltrans i n accordance with Chapter 25, Article 5, of the Caltrans Project Development Procedures Manua l to more specifically define the precise boundary, terms, and conditions under whic h relinquishment will be recommended to the CTC . NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Lui s Obispo as follows : SECTION 1 .The City Council hereby requests that Caltrans, District 5 initiate th e process of relinquish that portion of the right-of-way for State Highway 101 north of Los Oso s Valley Road as generally shown in Exhibit A, attached . SECTION 2 . The City Council requests that a precise legal description of the area to b e relinquished be developed through a joint effort of the City and State and included in a Relinquishment Agreement to be executed by the City and State . SECTION 3 . The City Council hereby acknowledges that it is willing to accept suc h relinquishment and hereby consents to initiation of relinquishment . SECTION 4. Further, in order to expedite delivery of the Trail project, the City Counci l hereby authorizes the Mayor, City Attorney and Director of Public Works, or their designee t o execute any and all documents associated with the legal description, necessary permits and fina l Relinquishment Agreement with Caltrans . R 10418 Attachment 1 C11 - 3 Resolution No. 10418 (2013 Series) Page 2 Upon motion of Council Member Ashbaugh, seconded by Council Member Carter, an d on the following roll call vote : AYES : Council Members Ashbaugh, Carpenter, and Carter, Vice Mayor Smith and Mayor Marx NOES : None ABSENT : None The foregoing resolution was adopted this 22 nd day of January 2013 . ATTEST : Attachment 1 C11 - 4 EXHIBIT A Attachment 1 C11 - 5 Attachment 2 C11 - 6 Attachment 2 C11 - 7 Attachment 2 C11 - 8 Attachment 2 C11 - 9 Attachment 2 C11 - 10 Attachment 2 C11 - 11 Attachment 2 C11 - 12 Attachment 2 C11 - 13 Attachment 3 R ______ RESOLUTION NO. _____ (2014 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO ACCEPTING CONTROL AND MAINTENANCE OVER A PORTION OF STATE ROUTE 101 RIGHT OF WAY TO BE RELINQUISHED BY THE STATE OF CALIFORNIA WHEREAS, in 2002, the Council of the City of San Luis Obispo approved a preliminary route plan for the Bob Jones City-to-Sea Trail with the goal of encouraging alternative forms of transportation and providing new recreational opportunities consistent with the goals set forth in the City’s Bicycle Transportation Plan; and WHEREAS, the City of San Luis Obispo’s approved route for the Bob Jones City-to-Sea bike trail includes a section north of Los Osos Valley Road that is within State right of way for Highway 101; and WHEREAS, on January 22, 2013 the Council of the City of San Luis Obispo adopted Resolution No. 10418 requesting that Caltrans relinquish State right of way for the Bob Jones City-to-Sea Trail bike trail; and WHEREAS, the City agrees to waive the State’s obligation to provide 90 day notice of State’s “intention to Relinquish” as set forth in Section 73 of the California Streets and Highway Code; and WHEREAS, the City has received and reviewed a copy of the Disclosure of Potential Contamination within the portion of right of way to be relinquished Memorandum, dated March 17, 2014. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The City will accept control and maintenance over that portion of Highway 101 right of way as identified in Exhibit A attached, and will accept title to said portion being relinquished, to become effective immediately following the recording by the County Recorder of the relinquishment resolution containing the California Transportation Commission (CTC) approval of the terms and conditions of the relinquishment; and SECTION 2. The City accepts the portion of Highway 101 right of way to be relinquished in its current environmental condition and setting, included, but not limited to, the presence of hazardous materials as described in the Disclosure of Potential Contamination Memorandum, dated March 17, 2014. Upon recordation of the CTC’s Resolution of Relinquishment in the County Recorder’s Office, Caltrans will not be responsible for any present or future remediation of said hazardous materials. Upon motion of _______________________, seconded by _______________________, and on the following roll call vote: C11 - 14 Resolution No. _____ (2014 Series) Page 2 AYES: NOES: ABSENT: The foregoing resolution was adopted this _____ day of _____________________ 20xx. ____________________________________ Mayor Jan Marx ATTEST: ____________________________________ Anthony Mejia City Clerk APPROVED AS TO FORM: _____________________________________ J. Christine Dietrick City Attorney C11 - 15 Resolution No. _____ (2014 Series) Page 3 C11 - 16