HomeMy WebLinkAboutInfo Item - Hwys 111 & 74 Rlnqshmnt CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: Receive and File Informational Report on the Status of Highway 111
and Highway 74 Relinquishment
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
DATE: April 12, 2007
CONTENTS: Article in Desert Sun
Sample of Revised Agreement
Vicinity Map
Recommendation:
Receive and file informational report on the status of the
Highway 111 and Highway 74 relinquishment by Caltrans.
Discussion:
On July 14, 2005 City Council adopted Resolution # 05-61 to assume jurisdiction over
Highways (State Routes) 111 and 74.
In May 2006, we received a draft agreement for the relinquishment of Highway 111 from
the Caltrans District Office for our review. Staff reviewed the draft agreement and found
it generally acceptable. However, the agreement offered a stipend of only $450,000 for
Highway 111. This amount was based upon the estimated five-year maintenance and
operations costs of the highway. We know the streamlined process could include a
stipend of up to $750,000, while an extended process may go up to at least $7 million
as evidenced by the recent amount received by the City of Indio.
On June 22, 2006, Council directed staff to negotiate an increase in the amount of
reimbursement for the highway relinquishment. Staff communicated to Caltrans the
City's desire to increase the stipend amount.
Informational Item — Status of Hwy 111 and 74 Relinquishment
Page 2 of 2
April 12, 2007
In the meantime, Caltrans has revised their program and method for assessing
maintenance costs and determining the amount of stipend that may be offered. As a
result, Caltrans has completed a pavement deflection study to determine actual
pavement condition and maintenance costs. The study report is being circulated to
various Caltrans departments for approval and should be available in two months.
Caltrans has also revised their standard cooperative agreement for relinquishments.
Attached is the sample agreement that is being reviewed by staff.
Staff will provide an update to City Council after we receive the revised stipend amount
and final cooperative agreement.
Submitted By: Approval:
G�� ;--''' _��-�--�._�
�
rk Greenwood, .E. �Homer Croy
Director of Public Works ACM for Development Services
CITY COUNCIL. ACTION:
APPROVED DENIED
RECEIVED � OTHSR� rma�#-:'�n�� �
MS$TING �ATE - �-p'`j
AYE S: f' (a S� i i�e.(' p. (
Carlos L. Ort a ��S'����
AESENT: p�-�,�
City Manager ABSTAIN e ��e�
VERIFIED BY: ('c�
Original on File with City Clerk's Office
*Removed for separate consideration - then moved to,
by Minute Motion: 1) Receive and filP the report;
2) auth�rize Mayor Kelly specifically to work with
staff and to involve the appropriate State I�egisZators
in negotating with Caltran.s £or the City's reimbur.semQnt.
5-0
.w ;��
, �
March 22, 2007
Section: Local
Page: 61
Battin secures $5.7 million for 111 upkeep
Xochitl Pena
Staff
The Desert Sun
Indio
By Xochitl Pena
The Desert Sun
Indio's pocketbook is $5.7 million fatter.
City leaders on Wednesday were presented with a large cardboard check for that amount by Sen. Jim Battin,
R-La Quinta. The money, which was appropriated by the state Department of Transportation, will offset the
upkeep of a 4-mile portion of Highway 111, within city boundaries that officials agreed to take ove�.
Battin sponsored Senate Bill 186 in 2005 which allows Indio to take over the stretch of state highway."It's
important that Indio continues its growth and continues its stewardship,"said Battin as he presented the city
with the check. The city in turn presented plaques to Battin, Michael Perovich, district director with Cal Trans,
and Diana Garcia, field representative with Battin's office.
The portion of Nighway 111 being relinquished to the city is from Jefferson Street to Golf Center Parkway and
then north to Interstate 10.
Other valley cities are also in the process of taking over their portion of the state highway.
For motorists in Indio, having that stretch of Highway 111 under city control could mean better synchronization
of traffic lights, speedier road repairs and a local number to call to report any problems. '
For developers, it can expedite getting projects finished and the doors to new businesses opened faster.
"With the growth of this city, having control of Highway 111 is very important," said Mayor Ben Godfrey. The
city has grand plans to transform the look of Highway 111 east of Jefferson Street into an upscale"urban oasis"
that would include date palm trees and pedestrian and bicycle paths. Having control over Highway 111 will
make that plan come to fruition with greater ease, city officials expect, because plans no longer need to go
through Cal Trans approval.
Xochitl Pena covers Indio and Coachella for The Desert Sun. She can be reached at 360-1340 or at
Xochitl.Pena@thedesertsun.com.
Copyright(c)The Desert Sun.All rights reserved. Reproduced with the permission of Gannett Co., Inc. by
NewsBank, inc.
District Agreement No. XXXX
D 08-Riv-111-PM XXXXX
� Highway Relinquishment
In the City of XXXXXX
EA XXXX
District Agreement No. 8-XXXX
RELINQUISHMENT
COOPERATIVE AGREEMENT
This AGREEMENT, entered into effective on , 2007, is
between the STATE OF CALIFORNIA, acting by and through its Department of Transportation,
referred to herein as "STATE," and the
CITY OF XXXXXXX a body politic and municipal
corporation of the State of California, referred to
herein as "CITY."
RECITALS
1. STATE and CITY, pursuant to Streets and Highways Code sections 73 and 130, are
authorized to enter into a Cooperative A��reement in order to relinquish to CITY that
portion of a State Highway within CITY's jurisdiction.
2. STATE intends to relinquish to CITY that portion of State Route 111 between
XXXXXX as shown in Exhibit A, attached to and made a part of this Agreement, referred
to hereinafter as "RELINQUISHED FACILITIES." CITY is willing to accept said
relinquishment upon approval by the California Transportation Commission (CTC) of a
Resolution of Relinquishment and STATE's recording of said Resolution in the County
Recorder's Office.
3. STATE and C1TY have negotiated an understanding that STATE will continue to
maintain the RELINQUISHED FACILITIES in a state of good repair until the date of
recordation of the Resolution of Relinquishment. CITY will accept the RELINQUISHED
FACILITIES in return for the payment of$XXXXXX for specific future improvements
and betterments to be added by CITY in the form of pavement rehabilitation, pavement
overlay, shoulder widening, sealing cracks, drainage improvements, and Americans with
Disabilities Act (ADA) upgrades.
4. STATE is willing to provide � XXXXXX for specific future improvements and
betterments to be added by CITY. However, funds may not be available in the near
future for RELINQUISHED FACILITIES due to budgetary constraints. If funds become
available through a CTC allocation for this purpose prior to July 1, 2012, STATE will
DRAFT: Apri12, 2007 1
District A�neement No. XXXX
reimburse CITY $ XXXXXX as STATE's lump sum share of RELINQUISHED
FACILITIES.
5. The parties hereto intend to define herein the terms and conditions under which
relinquishment is to be accomplished.
SECTION I
CITY AGREES:
1. Execution of this A�neement constitutes CITY's waiver of STATE's obligation to
provide ninety(90) days prior notice of STATE's"Intention to Relinyuish" as set forth in
section 73 of the Streets and Highways Code.
2. To accept ownership, including all of STATE's current obligations, rights, title and
interest in RELINQUISHED FACILITIES upon recordation of the CTC's Resolution of
Relinquishment in the County Recorder's Office and to thereafter operate, maintain, and
be liable for the RELINQUISHED FACILITIES at no additional cost to STATE.
3. To appear before the CTC, if deemed appropriate by CITY, to offer CITY's
substantiation that the requested CTC allocation of the betterment/improvement sum is in
the best interest of the public.
4. To accept that allocation, determined by the CTC to be in the best interests of the public
in its Resolution of Relinquishment, as STATE's only payment obligation for this
relinquishment of RELINQUISHED FACILITIIES.
SECTION II
STATE AGREES:
1. To relinquish, upon the approval of the CTC's Resolution of Relinyuishment,
RELINQU[SHED FACILITIES.
2. To forward and support CITY's request for the allocation of$ XXXXXX by the CTC
with the expectation that the CTC will determine that this or some other allocation is in
the best interest of the public to improve RELINQUISHED FACILITIES beyond a state
of good repair.
3. To submit the CTC Resolution of Relinquishment to the County Recorder's Office for
recording.
DRAFT: April 2, 2007 2
District A��reement No. XXXX
4. If CTC funds become available prior to July 1, 2012 for RELINQUISHED FACILITIES,
to deposit with CITY that amount, if any, allocated by the CTC in its Resolution of
Relinquishment. The payment of those funds will represent STATE's only payment
obligation for the purpose of this relinquishment.
5. To transfer to CITY, within sixty(60) days of thc recordation of the CTC's Resolution of
Relinquishment, copies of all available STATE records and files for the
RELINQUISHED FACILITIES, including, but not limited to, plans, survey data, and
right of way information.
SECTION lll
IT IS MUTUALLY AGREED:
1. All obligations of STATE under the terms of this A�-eement are subject to the
appropriation of resources by the Legislature, State Budget Act authority, and the
allocation of funds by the CTC.
2. Neither STATE nor any officer or employee thereof is responsible for any injury, damage
or liability occurring by reason of anything done or omitted to be done by CITY under or
in connection with any work, authority or jurisdiction conferred upon CITY and arising
under this Agreement. It is understood and agreed that CITY shall fully defend,
indemnify and save harmless STATE and all its officers and employees from all claims,
suits or actions of every name, kind and description brought forth under, including, but
not limited to, tortious, contractual, inverse condemnation and other theories or assertions
of liability occurring by reason of anything done or omitted to be done by CITY under
this Agreement.
3. Neither CITY nor any officer or employee thereof is responsible for any injury, damage
or liability occurring by reason of anything done or omitted to be done by STATE under
or in connection with any work, authority or jurisdiction conferred upon STATE and
arising under this Agreement. It is understood and agreed that STATE shall fully defend,
indemnify and save harmless CITY and all its officers and employees from all claims,
suits or actions of every name, kind and description brought forth under, including, but
not limited to, tortious, contractual, inverse condemnation and other theories or assertions
of liability occurring by reason of anything done or omitted to be done by STATE under
this Agreement.
4. No alteration of the terms of this Agreement shall be valid unless made in writing and
signed by the parties hereto and no oral understanding or a�eement not incorporated
herein shall be binding on any of the parties hereto.
5. This Agreement shall terminate upon recordation of the CTC's Resolution of
DRAFT: April 2, 2007 3
District Agreement No. XXXX
Relinquishment for said RELINQUISHED FACILITIES in the County Recorder's Office,
or on July 1, 2012, whichever is earlier in time except for those provisions which relate to
a pa}nnent, indemnification, ownership, property recapture, operation, and maintenance,
which shall remain in effect until terminated or modified in writing by mutual agreement.
SIGNATURES ON FOLLOWING PAGE:
DRAFT: April 2, 2007 4
District Agrecment No. XXXX
STATE OF CALIFORNIA CITY OF XXXXXXX
DEPARTMENT OF TRANSPORTATION
WILL KEMPTON
Director By:
Mayor
By:
MICHAEL A. PEROVICH
District 08 Director Attest:
CITY Clerk
APPROVED AS TO FORM AND APPROVED AS TO FORM AND
PROCEDURE: PROCEDURE:
By: By:
Attorncy, CITY Counsel
Department of Transportation
CERTIFIED AS TO FUNDS:
By:
District Budget Manager
CERTIFIED AS TO FINANCIAL
TERMS AND POLICIES:
By:
Accounting Administrator
DRAFT: April 2, 2007 5
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