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HomeMy WebLinkAbout04-112 CC Resolution I I I RESOLUTION NO. 04-112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A COOPERATIVE AGREEMENT (NO. 8- 1258) BETWEEN THE CITY AND THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) TO ACCEPT RELINQUISHMENT OF THOSE SEGMENTS OF WINCHESTER ROAD (SR 79N) AND STATE ROUTE 79 SOUTH (SR 79S) EXTENDING FROM 1-15 TO THE APPROXIMATE CITY LIMITS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, Winchester Road (SR79N) and State Route 79 South (SR79S) is currently under the jurisdiction of the State of California Department of Transportation (Caltrans); and WHEREAS, Senate Bill 87 (SB 87) was approved by the State Legislature to amend Section 379 of the Streets and Highways Code, which includes enabling legislation for the relinquishment for both segments of SR 79 that pass through the City of Temecula and delegated approval authority to the California Transportation Commission (CTC); and WHEREAS, Caltrans has prepared a Cooperative Agreement delineating the terms of the relinquishment from State control to City control; and WHEREAS, this transfer of ownership appears to be in the best interests of both the City of Temecula and State of California; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula as follows: Section 1. The City Council of the City of Temecula hereby agrees to the terms of said Cooperative Agreement with the State of California Department of Transportation for the relinquishment of those certain segments of Winchester Road (SR79N) and State Route 79 South (SR79S) from the State Highway System. Section 2. Execution of this Agreement constitutes the City's waiver of the ninety (90) days' notice of "Intention to Relinquish" requirement contained in Section 73 of the Streets and Highways Code. Section 3. Upon recordation of CTC's Resolution of Relinquishment in the County Recorder's Office, the City agrees to accept ownership, including all rights, title and interest in said portion of SR 79 described in Article 2 of the Recitals of the Agreement, and to thereafter operate, maintain and be liable for said relinquished facility without any additional cost to the State. Section 4. The City Council hereby finds that the proposed transfer of ownership is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) of the CEQA Guidelines because there is no possibility that the City's acceptance of operation and maintenance responsibilities and control of signal timing will have a significant effect on the environment. R:/Resos 20O4/Resos 04-112 I I I PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 9th day of November, 2004. ATTEST: - \, [SEAL] " STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ) ) ss ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 04-112 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 9th day of November 2004, by the following vote: AYES: 4 COUNCILMEMBERS: Comerchero, Stone, Washington, Naggar NOES: 0 COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Roberts ABSTAIN: 0 COUNCILMEMBERS: None R:/Resos 20O4/Resos 04-112