The URL can be used to link to this page

Home My WebLink About01-22-2013 c5 relinquishment of existing state right of way for bob jones trailcounci lj acenda nepont C I T Y O F S A N L U I S O B I S P O FROM: Daryl Grigsby, Director of Public Work s Prepared By :Peggy Mandeville, Principal Transportation Planne r SUBJECT :RESOLUTION REQUESTING CALTRANS RELINQUISH STATE RIGHT-OF - WAY FOR THE BOB JONES CITY-TO-SEA TRAI L RECOMMENDATION Approve resolution requesting Caltrans relinquishment of State right-of-way for the Bob Jone s City-to-Sea Trail . DISCUSSION Backgroun d The City has received $600,000 of Regional Improvement Program funding for the Bob Jones City- to-Sea Trail connection to Los Osos Valley Road and is working to complete design and permittin g for construction of the project . Staff continues to work with the California State Department o f • Transportation (Caltrans) to complete a Relinquishment Agreement for the project that will outlin e roles and responsibilities for the project as it is constructed . The request for funding allocation will be heard by the California Transportation Commission at it s meeting in March 2013 . As part of this request and construction permit approval, Caltrans ha s asked that the City request relinquishment of the State right-of-way in the project vicinity (se e Attachment 1) to better designate the area where the Prefumo Creek bridge span for the project wil l be placed. In essence, the relinquishment of the right-of-way allows the majority of the Trail projec t to be located within City controlled property as opposed to location that is a mixture of City an d State controlled . As mentioned above, the request will be followed up with a relinquishmen t agreement between the two agencies . The attached resolution requests that Council authorize the Director of Public Works and Cit y Attorney to negotiate the Relinquishment Agreement, the legal description for the excess propert y and all final relinquishment documents and authorizes the Mayor to execute all final documents fo r the project . CONCURRENCE S Natural Resources Program staff and the City Engineer have reviewed this proposal and support th e relinquishment to the City citing that State encroachment permits would no longer be needed fo r fish passage or creek maintenance projects . • The current alignment was adopted by Council in 2002 after substantial consideration by th e Bicycle Committee, Parks and Rec Commission, ARC, and the Planning Commission . January 22, 2013 Caltrans Relinquishment of Right of Way Page 2 • FISCAL IMPAC T The fiscal impact of the proposed relinquishment is estimated to be minimal because the area is les s than one acre . In addition, the area being relinquished is within the flood zone, and futur e maintenance may be paid for with Zone 9 funding . Zone 9 is a County flood control and wate r conservation district that historically has provided regular reliable funding, however, the funding i s not guaranteed or within the City's control . Additional City resources may be necessary to addres s public service requests for the newly created Bob Jones Trail facility and security issues that ma y result near the creek area . Because the trail project will include vehicle access restrictions, staff anticipates these occurrences will be minimized . The relinquishment of the property will have littl e to no effect on increased costs to the City for these purposes . ALTERNATIV E Deny Relinquishment Agreement The City Council could not request relinquishment . Thi s alternative is not recommended because without the right-of-way relinquishment, Caltrans may no t support the $600,000 grant funding allocation proposed for this project . ATTACHMENT S 1.Vicinity Ma p 2.Resolution including Exhibit A T :\Council Agenda Reports\2013\2013-01-22\Reso of Caltrans Relinquishment for LOVR & Bob Jones Trail (Grigsby - Bochum-Mandeville)\Council Agenda Report .docx • • Attachment 1 S Q. 2 C S Attachment 2 RESOLUTION NO . (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 ; and 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 . Upon motion of , seconded by and on the following vote : AYES : NOES : ABSENT : The foregoing resolution was adopted this day of 2013 . R C5-4 • • Attachment 2 • Resolution No. (2013 Series ) Page 2 Jan Marx Mayo r ATTEST : Maeve Kennedy Grime s City Cler k APPROVED AS TO FORM : J . Christine Dietric k J . Christine Dietric k City Attorne y •