HomeMy WebLinkAboutResolution No. 11-C89RESOLUTION NO. 11-C89
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AZUSA, CALIFORNIA, ACCEPTING THE RELINQUISHMENT OF AZUSA
AVENUE (STATE ROUTE 39) FROM ARROW HIGHWAY TO 330 FEET NORTH OF
ARROW HIGHWAY AND THE MAINTENANCE AND OPERATION OF THE
TRAFFIC SIGNALS ALONG AZUSA AVENUE AT ARROW HIGHWAY,
GLADSTONE STREET, PARAMOUNT AVENUE AND FIRST STREET FROM THE
STATE SYSTEM WITHIN AZUSA BOUNDARIES
WHEREAS, Caltrans has signed and agreed to relinquish over to the City of Azusa the
portion of Azusa Avenue (State Route 39) from Arrow Highway to 330 feet north of Arrow
Highway and the maintenance and operation of the traffic signals along Azusa Avenue at Arrow
Highway, Gladstone Street, Paramount Avenue and First Street,
WHEREAS, Caltrans understands that the City of Azusa will accept and assume full
maintenance, ownership, responsibility, control and liability in perpetuity over the relinquished
facilities in exchange for a one time payment of $185,000 payable by the end of Fiscal Year
2012-13.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City of Azusa does hereby consent to the relinquishment as stated
herein.
SECTION 2. That the City of Azusa shall receive payment from the State of California
a one time payment of $185,000 to conduct repairs to the portion of Azusa Avenue and the
traffic signal at Azusa Avenue and Arrow Highway per relinquishment agreement.
SECTION 3. The City of Azusa shall accept a one time payment of $185,000 that will
occur prior to the end of Caltrans' Fiscal Year 2012-13.
SECTION 4. The City agrees to take ownership, maintain and operate said traffic
signals along Azusa Avenue.
SECTION 5. The City, upon recordation of the relinquishment agreement shall make
necessary arrangement to take ownership of utility accounts for the relinquished facilities as
stated in the relinquishment agreement.
PASSED, APPROVED and ADOPTED this 5`h day of December, 2011.
By: &u,4 � U
Joseph R. Rocha, Mayor
Page 1 of 2
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of
the City of Azusa at a regular meeting. held on the 5`h day of December, 2011, by the following
vote of the Council:
AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
Page 2 of 2
07 -LA -39-13.10/13.16
Azusa Avenue from Arrow Highway
to 330. feet North of Arrow Highway
07223-3P6101
District Agreement No. 07-4937
RELINQUISHMENT AGREEMENT
This Agreement, entered into effective on AiVver,Z�olj, is between the STATE OF
CALIFORNIA, acting by and through its Department of Transportation, referred to herein as
"CALTRANS", and the
CITY OF AZUSA, a body politic and a municipal
corporation of the State of California, referred to herein as "CITY".
District Agreement No. 07-4937
Azusa Avenue at the intersections of 1st Street, Paramount Street and Gladstone Street.
CALTRANS will transfer to CITY within sixty (60) days of the recordation of the CTC's
Resolution of Relinquishment, copies of all available CALTRANS records, timing sheets,
timing plans and repairs or improvements within the last 5 years in a hardcopy and
electronic format to the satisfaction of the City Engineer.
SECTION III
IT IS MUTUALLY AGREED:
All obligations of CALTRANS under the terms of this Agreement are subject to the
appropriation of resources by the Legislature, State Budget Act authority, and the
allocation of any funds by the CTC.
2. Neither CALTRANS 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
and/or its agents under or in connection with any work, authority or jurisdiction
conferred upon CITY under this Agreement. It is understood and agreed that CITY will
fully defend, indemnify and save harmless CALTRANS and all its officers and employees
from all claims, suits or actions of every name, kind and description brought forth
under, but not limited to, tortious, contractual, inverse condemnation or other theories
or assertions of liability occurring by reason of anything done or omitted to be done by
CITY and/or its agents 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 CALTRANS
and/or its agents under or in connection with any work, authority or jurisdiction
conferred upon CALTRANS under this Agreement. It is understood and agreed that
CALTRANS will 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, but not limited to, tortious, contractual, inverse condemnation or other
theories or assertions of liability occurring by reason of anything done or omitted to be
done by CALTRANS and/or its agents 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 agreement 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
Relinquishment for RELINQUISHED FACILITIES in the County Recorder's Office and
payment by CALTRANS of $185,000 or any other allocation by CTC to CITY, except for
those provisions which relate to indemnification, ownership, operation, and
maintenance, which shall remain in effect until terminated or modified in writing by
mutual agreement.
District Agreement No. 07-4937
RECITALS
CALTRANS and CITY, pursuant to Streets and Highways Code sections 73 and 339, are
authorized to enter into a Cooperative Agreement in order to relinquish to CITY a
portion of a State Highway within CITY's jurisdiction.
CALTRANS intends to relinquish to CITY that portion of State Route 39 (SR 39)
between Arrow Highway and 330 feet north of Arrow Highway, as shown in Exhibit A
attached to and made a part of this Agreement, referred to hereinafter as
RELINQUISHED FACILITIES". This relinquishment is based on Legislation AB 1794.
CITY_ is willing to accept said RELINQUISHED FACILITIES upon approval by the
California Transportation Commission (CTC) of a Resolution of Relinquishment and
CALTRANS' recording of said Resolution in the County Recorder's Office.
3. CALTRANS and CITY agree that RELINQUISHED FACILITIES are currently in a state of
good repair. CALTRANS and CITY have negotiated an understanding that CITY will
accept and assume full maintenance, ownership, responsibility, control and liability in
perpetuity over the RELINQUISHED FACILITIES in exchange for the payment of
$185,000 or some other allocation made by CTC deemed to be in the best interest for
CALTRANS.
4. Upon recordation, CALTRANS shall not continue maintaining and operating the existing
signals on Azusa Avenue at the intersections of 1st Street, Paramount Street and
Gladstone Street. Consent from CITY for Caltrans to maintain and operate said signals
per Cooperative Agreement, District Agreement Number 07-4250, executed between
Caltrans and CITY on January 21, 1997, is hereby rescinded. CITY shall assume
responsibility for maintaining and operating said intersections.
5. Funds may not be available at the time of the CTC's Resolution of Relinquishment due
to budgetary constraints. However, CALTRANS will make requests for allocation of
$185,000 to CITY by the CTC when the funds become available.
6. The parties hereto intend to define herein the terms and conditions under which
RELINQUISHED FACILITIES is to be accomplished.
SECTION I
CITY AGREES:
Execution of this Agreement constitutes CITY's waiver of CALTRANS's obligation to
provide ninety (90) days prior notice of CALTRANS's "Intention to Relinquish" as set
forth in Streets and Highways Code section 73.
2. To accept that allocation, determined by the CTC to be in the best interest of
CALTRANS, as CALTRANS's only payment obligation for this RELINQUISHED
FACILITIES.
3. Even if funds are not available with CALTRANS at the time of resolution of
relinquishment by CTC, to accept RELINQUISHED FACILITIES immediately upon
recordation of CTC's Resolution in the County Recorder's Office and defer the receipt of
payment for RELINQUISHED FACILITIES to a date when funding becomes available.
District Agreement No, 07-4937
4. To defer actual receipt of funds to the following Fiscal Year (2012/13 Fiscal Year - July
1, 2012 to June 30, 2013), with no additional' interest payment, in the event when
funds are not available due to budgetary constraints, at the time of recordation of the
relinquishment resolution and acceptance of RELINQUISHED FACILITIES by CITY.
5. To accept ownership, including all of CALTRANS' 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 RELINQUISHED FACILITIES at no additional cost to CALTRANS.
6. Upon recordation of the CTC's Resolution of Relinquishment in the County Recorder's
Office, CITY agrees to make all necessary changes of ownership of utility accounts with
the utility companies applicable to RELINQUISHED FACILITIES, as shown on Exhibit C,
attached to and made a part of this Agreement.
7. CITY agrees to perform all necessary work to bring the RELINQUISHED FACILITIES into
conformance with the American Disability Act (ADA) requirements upon receipt of the
payment of $185,000 or some other allocation made by CTC deemed to be in the best
interest for CALTRANS.
8. CALTRANS agrees to discontinue maintaining and operating the existing signals on
Azusa Avenue at the intersections of 191 Street, Paramount Street and Gladstone Street.
CITY shall assume responsibility for maintaining and operating said intersections.
SECTION II
CALTRANS AGREES:
1. To relinquish, upon the approval of the CTC's Resolution of Relinquishment, the
RELINQUISHED FACILITIES.
2. Funds may not be available at the time of the CTC's Resolution of Relinquishment due
to budgetary constraints and therefore CALTRANS will make requests for allocation of
$185,000 to CITY by the CTC when the funds become available with the expectation
that CTC will determine that this or some other allocation is in the best interest of
CALTRANS.
3. To submit the CTC Resolution of Relinquishment to the County Recorder's Office for
recording.
4. To pay CITY, within thirty (30) days of approval of funding by CTC, the amount of
$185,000 or any other allocation approved by the CTC. The payment of those funds will
represent CALTRANS's only payment obligation for the purpose of the RELINQUISHED
FACILITIES.
5. To transfer to CITY, within sixty (60) days of the recordation of the CTC's Resolution of
Relinquishment, copies of all available CALTRANS records and files for RELINQUISHED
FACILITIES, including, but not limited to, plans, survey data and right of way
information.
6. CALTRANS agrees to turn over maintenance and operation of the existing signals on
District Agreement No. 07-4937
PARTIES declare that:
I. Each PARTY is an authorized legal entity under California state law.
2. Each PARTY has the authority to enter into this agreement.
3. The people signing this agreement have the authority to do so on behalf of their public agencies.
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
MALCOLM DOUGHERTY
Acting Director
By:
s nct Director
APPROVED AS TO FORM AND
PROCEDURE:
�rBy: 'j we
Attorney
Department of Transportation
CERTIFIED AS TO FUNDS:
By:
District 6udget Mer
CERTIFIED AS TO FINANCIAL TERMS
AND POLICIES:
CITY AZUSA
By: G
xjosepll R. Rocha, Mayor
Attest:
Vera Mendoza, City eerk
APPROVED AS TO FORM AND
PROCEDURE:
By: Jal��� �• 1.8��
Attorney
61
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STATE OF CALIFORNIA
DEPARTMENT OF1['Ilgr�I�'S1[�®�!8'1[`.�°ll"IO �"�'"
u a'rs
IN THE CITY OF AZUSA,ROUTE 3S (AZUSA AVENUE)
FROM ARROW HIGHWAY TO APPROXIMATELY 330 FEET NORTH OF ARROW HIGHWAY
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District Agreement No. 07-4937
EXHIBIT `B" — Scope of Work
Engineering Estimate for Repair Cost negotiated as a cost of Relinquishment:
Description Amount
Pavement $122,500
ADA Conformance - Curb Ramps, Sidewalk & 26,562
Driveways
Traffic Striping & Marking 8,000
Subtotal: 157,062
Design & Construction Engineering & Admin: 27,486
Total: $184,548
CALL: $185,000
7
District Agreement No. 07-4937
EXHIBIT "C"
Relinquishment of Traffic Signals on Route 39
From State of California to the City of Azusa
Effective the date of recording of Relinquishment
No
Rte
PM
Location
Signal
Service
Meter #
Account #
Address
Azusa Ave
So.
211010-014117
0080666300
1
39
13.09
Azusa Ave at
E0304
Azusa
Signal &
2-14-056-4741
1
39
Arrow Hwy
Signal &
So. Cal Edison
13.60
E0305
Ave
Safety Lights
Notes: It is the City's responsibility to transfer all accounts to the City of Azusa from Caltrans, if
it is not already done.
Effective the date of recording of Relinquishment
Caltrans will cease maintenance & operation of signals listed below.
Citv of Azusa will maintain & onerate simals
No
Rte
PM
Location
Signal
Service
Meter #
Account #
Address
Azusa Ave
21796
0080666300
459 1/2. So.
1
39
at
Signal &
AZLW
13.60
E0305
Azusa Ave
Gladstone
Safety Lights
0161291300
Azusa Ave
19971
0850380039
Inter way at
39
13.90
at
E0719
Safety Lights
AZLW
2
Paramount
Paramount
Unmetered
0161299300
Azusa Ave
101 %: Nazis
19784
0040091100
39
14.11
at First
E0306
Ave
Safety Lights
AZLW
3
Street
Unmetered
0161290300
Notes: It is the Cities responsibility to transfer all accounts to the City of Azusa from Caltrans, if it
is not already done.
Exhibits by WCF 06/27/2011
8