HomeMy WebLinkAboutR 5326 RESOLUTION NO. 5326
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AUTHORIZING THE ACCEPTANCE
OF TWO PORTIONS OF RIGHT OF WAY. AND A
DRAINAGE EASEMENT SHOWN AS REL 11788
SEGMENTS 1, 2 AND 3 AND AGREE TO WAIVE THE
NINETY DAYS "NOTICE OF INTENT TO RELINQUISH"
REQUIREMENT UNDER THE STREETS AND HIGHWAY
CODE
WHEREAS, on May 17, 1989, the City of Arroyo Grande and Caltrans entered into a
Freeway Agreement (Agreement) pertaining to US 101 through Arroyo Grande and
details the agreement between the City and Caltrans on right-of-way, maintenance, and
operation of their respective facilities; and
WHEREAS, the Agreement states; "State (Caltrans) agrees to acquire all necessary right
of way as may be required for construction, reconstruction, or alteration of City streets,
frontage roads, and other local roads, and City hereby authorizes State to acquire in its
behalf all such necessary right of way."; and
WHEREAS, the California Streets and Highway Code Section 83 reads; "Any public street
or highway or portion thereof which is within the boundaries of a state highway, including
a traversable highway adopted or designated as a state highway, shall constitute a part
of the right of way of such state highway without compensation being paid therefor, and
the department shall have jurisdiction there over and responsibility for the maintenance
thereof."; and
WHEREAS, the City also received a letter from Caltrans dated August 3, 2022 of Caltrans
"Intention to Relinquish Highway Right of Way". These two portions of right of way and
one drainage easement are shown as REL 11788 Segments 1, 2 and 3 respectively on
a map filed for recording on October 14, 2021, in State Highway Map Book 6 at pages
99-102, inclusive; and
WHEREAS, the City has received a Hazardous Material Disclosure Report dated
4/27/2023 on these two portions of right of way and one drainage easement. This memo
presents an assessment of known or likely hazardous material and waste related
concerns retaining to the relinquishment of the subject properties; and
WHEREAS, this resolution is not subject to the requirements of CEQA pursuant to
California Code of Regulations, Title 14, section 15060, subdivision (c)(3), because the
subject activity is not a project as defined by Public Resources Code section 21065 and
California Code of Regulations, Title 14, section 15378.
RESOLUTION NO. 5326
PAGE 2
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande
accepts two portions of right of way and one drainage easement are shown as REL 11788
Segments 1, 2 and 3 respectively on a map filed for recording on October 14, 2021, in
State Highway Map Book 6 at pages 99-102 and authorizes the signature of memo
Caltrans Relinquishment No. 11788 to accept the relinquishments and agree to waive the
ninety days' "notice of intent to Relinquish" requirement contained in Section 73 of the
Streets and Highway Code by adopting Exhibit A, incorporated herein by reference.
BE IT FURTHER RESOLVED, that the recitals are incorporated herein.
On motion of Council Member Barneich, seconded by Council Member Guthrie, and on
the following roll call vote, to wit:
AYES: Council Members Barneich, Guthrie, Secrest, George, and Mayor Ray Russom
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 12th day of September, 2023.
65501.00001\41074062 1
RESOLUTION NO.
PAGE 3
Oa-
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r40 A
CAREN RAY RUSS•M, MAYOR
ATTEST:
� ESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
BILL ROB , INTERIM CITY MANAGER
APPROVED AS TO FORM:
ISAA\ • E , CITY TORNEY
65501.00001\41074062 1
CALIFORNIA DEPARTMENT OF TRANSPORTATION EXHIBIT A
DISTRICT 5
50 Higuera St 5-SLO-101-14.1/15.3
San Luis Obispo CA 93401-5415 Relinquishment No. 11788
ATTEN: Paul Valadao, P.E., Project Manager
The City of Arroyo Grande (CITY) has reviewed your offer to accept that portion of
State Right of Way to be relinquished as per letter dated 5/24/2023 and the
relinquishment maps and legal description.
Please Check One:
❑ Yes, we are willing to accept the Relinquishment in its current environmental
condition and setting, including, but not limited to, the presence of hazardous
materials as described in the Hazardous Material Disclosure Document (HMDD)
dated 4/27/2023.
The CITY has received and reviewed a copy of the above-referenced
HMDD. It is understood that within one year prior of the CTC date of approval of
the resolution of relinquishment, CALTRANS will conduct a review of the above-
referenced HMDD and if it determines that there is substantive or potentially
substantive adverse change to the environment that did not exist at the time of
the above-referenced HMDD, CALTRANS shall immediately notify the CITY of
said changes. If no substantive or potentially substantive adverse change to the
environment is found to exist, acceptance of the relinquishment in its current
environmental condition shall remain in effect. Copies of the above-referenced
HMDD and any updates are available at the district environmental office.
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. Please proceed with preparing the
final submittal.
❑ No, we are not interested in accepting the Relinquishment.
(Please list your reasons why)
5-S LO-101-14.1/15.3
Relinquishment No. 11788
Please Check One:
❑ Yes, we agree to waive the ninety (90) days' notice of "Intention to Relinquish"
requirement contained in Section 73 of the Streets and Highways Code.
❑ No, we do not agree to waive the ninety (90) days' notice of "Intention to
Relinquish" requirement contained in Section 73 of the Streets and Highway
Code.
As the for the CITY and having the authority to act on
behalf of the City Council, I attest to the above checked items.
SIGNED: DATE:
NAME:
TITLE:
OFFICIAL CERTIFICATION
I, JESSICA MATSON, City Clerk of the City of Arroyo Grande, County of San Luis
Obispo, State of California, do hereby certify under penalty of perjury, that the attached
Resolution No. 5326 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 12th day of September, 2023.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 14th day of
September, 2023.
J SSICA MATSON, CITY CLERK