Item 12 - Agreement with County of S.D. to Acquire Rights of Way & Construct Scipps Poway Pkwy. AGENDA REPORT SUMMARY
TO: Honorable Mayor and Members of the City Council ~
Honorable Chairman and Members of the
Redevelopment Agency
FROM: James L. Bowersox, City Manager/Executive
Director
INITIATED BY: John D. Fitch, Assistant City Manager~'~)F
Mark
S.
Weston, Director of Engineerin~ Service~e~4~
Alan F. Schuler, Senior Civil Engineer~
DATE: January 10, 1995
SUBJECT: Agreement with County of San Diego to Acquire the Rights of Way and to
Construct Scripps Poway Parkway within the County Jurisdiction, an
Interim Expressway Project (District 2)
ABSTRACT
The City of Poway is the lead agency for the construction of the Scripps Poway Parkway
within the jurisdiction of the County of San Diego between Sycamore Canyon Road and
SR67. In order to acquire right-of-way, the City of Poway and the County of San Diego
must enter into an agreement to allow the City of Poway to purchase right-of-way and
construct the Scripps Poway Parkway. This action authorizes the City Manager/Executive
Director to execute such an agreement.
ENVIRONMENTAL REVIEW
On July 17, 1994, as part of the General Plan Amendment process, the County of San
Diego adopted the City of Poway's certified EIR for the project. The City of Poway's
certified EIR was determined to be acceptable for the approval of the General Plan
Amendment. No additional environmental review is required to approve this agreement.
FISCAL IMPACT
This agreement has no new fiscal impact to the project.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCF
Tom Garibay, County of San Diego; Lari Sheehan, County of San Diego; David Solomon,
County of San Diego; Bill Mac Fartane, Janmac, Inc.; Mike Crull, Boyle Engineering
RECOMMENDATION
It is recommended that the City Council/Redevelopment Agency execute the agreement
between the County of San Diego and the City of Poway to acquire the rights-of-way and
to construct Scripps Poway Parkway within the County jurisdiction,
ACTION
10F lO JANlO1995 ITEM
-AGENDA REPOR?
CITY OF POWAY
This re~ is included on the Consent Calendar. There will be no serrate discussion of the re~ prior to approval by the
Ci~ Council unless members of the Council, surf or public request it to be removed from the Consent Calendar and
discussed separately. If you wish to have this re~ pulled for discussion, please fill out a slip indicating the re~ numar
and give it to the Ci~ Clerk prior to the beginning of ~e Ci~ Council meeting.
TO: Honorable Mayor and Members of the City Council
Honorable Chairman and Members of the Redevelopment Agency
FROM: James L. Bowersox, City Manager/Executive Director
Mark S. Weston, Director n ervice
Alan F. Schuler, Senior Civil Engineer~
DATE: January 10, 1995
SUBJECT: Agreement with County of San Diego to Acquire the Rights of
Way and to Construct Scripps Poway Parkway within the County
Jurisdiction, an Interim Expressway Project (District 2)
BACKGROUND
The City of Poway is the lead agency to construct the east end of Scripps
Poway Parkway from Stowe Drive to SR67. The 1.7 mile section of roadway east
of Sycamore Canyon Road to SR67 is located within the jurisdiction of the
County of San Diego.
On December 4, 1991, the County of San Diego and the City of Poway entered
into an agreement to begin the General Plan Amendment process for SR 780
(Scripps Poway Parkway) in the Circulation Element of the County General Plan.
The General Plan Amendment and EIR were completed in 1994 with the City of
Poway's certification on February 8, 1994, and the County Board of
Supervisors' approval on July 27, 1994.
The portion of the project located within the jurisdiction of the County of
San Diego consists of construction of a four-lane interim expressway through
rural residential parcels within the County of San Diego as shown on the
attached Exhibit "A".
For the improvements to be carried out in the County area, it is necessary for
the Board of Supervisors to enter into an agreement with the City of Poway
pursuant to Section 130 of the California Streets and Highways Code, which
provides the authority for cooperation between the County and City for the
acquisition of rights-of-way for highways and streets. The Board of
Supervisors is expected to act on this agreement January 10, 1995.
The City of Poway must also be a signatory to this agreement.
ACTION:
2 OF 10 JAN i 0 1995 ITEM 12 ,
Agenda Report - Agreement with County of San Diego to Acquire Rights of ~ay and Construct Scripps
Poway Parkway within County Jurisdiction
January 10, 1995
Page 2
Under the proposed agreement, the City of Poway will pay for all costs for the
acquisition of rights-of-way for the project. The agreement also provides
that the County be indemnified and held harmless for all acts and that the
County is named as an additional insured. After the improvements are
constructed by the City of Poway, the maintenance of the roadway within the
County will be provided by the County. This agreement will terminate upon the
reconveyance of the rights-of-way within the County's jurisdiction acquired by
the City of Poway to the County of San Diego.
FINDINGS
In order for the City of Poway to move forward with the purchase of rights-of-
way within the jurisdiction of the County of San Diego, the City of Poway and
the County of San Diego must enter into an agreement to acquire the rights-of-
way and to construct the Scripps Poway Parkway within the County jurisdiction.
The attached agreement (Attachment 1), authorizes the City of Poway to
purchase of rights-of-way on the County's behalf.
ENVIRONMENTAL REVIEW
- On July 17, 1994, as part of the General Plan Amendment process, the County of
San Diego adopted the City of Poway's certified EIR for the project. The City
of Poway's certified EIR was determined to be acceptable for the approval of
the General Plan Amendment. No additional environmental review is required to
approve this agreement.
FISCAL IMPACT
This agreement has no new fiscal impact to the project.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCF
Tom Garibay, County of San Diego; Lari Sheehan, County of San Diego; David
Solomon, County of San Diego; Bill Mac Farlane, Janmac, Inc.; Mike Crull,
Boyle Engineering
RECOMMENDATION
It is recommended that the City Council/Redevelopment Agency execute the
agreement between the County of San Diego and the City of Poway to acquire the
rights-of-way and to construct Scripps Poway Parkway within the County
jurisdiction.
JLB:JDF:MSW:AFS:mh
._ Attachments:
1 - Agreement
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JAN101995 ITF_M 12
AGREEMENT BETWEEN
THE CITY OF POWAY
AND THE
COUNTY OF SAN DIEGO
PdZGARDING RIGHT OF WAY AiND CONSTRUCTION OF
THE SCRIPPS POWAY PARKWAY AND STATE ROUTE 67
CONNECTION IMPROVEMENTS
THIS AGREEMENT, executed this day of
, 199~, by and between the COUNTY of San
Diego, a political subdivision of the State of California,
hereinafter referred to as "COUNTY", and the CITY of Poway, a
municipal corporation, hereinafter referred to as ,,CITY,,.
W~{EREAS, the proposed Scripps Poway Parkway and State Route
67 connection abuts properties lying in both the CITY and areas
in the COUNTY within the sphere of influence of the CITY; and
Wq4EREA~, the CITY has proposed to construct the remaining
length of the proposed Scripps Poway Parkway so as to provide an
interim expressway link between Interstate 15 and State Route 67
in order to accommodate future traffic volumes with a new
regional transportation infrastructure; and
W}{EREAS, the CITY and the State of California will enter
into a cooperative agreement designating the responsibilities for
developing and constructing the connection improvements to State
Route 67; and
W~EREAS. the proposed improvements would rec./ire acquisition
of right-of-way outside of the CITY limits, within the current
jurisdiction of the COUNTY; and
WHEREAS, the proposed improvements would require the
relocation of access, via private roads and unimproved road
easements, for existing COUNTY parcels to COUNTY public roads and
State Route 67; and
WHEREAS, fifteen (15) Assessor's Parcels (vacant land
parcels), that are impacted by this project are located in the
COLrNTY and are listed in Exhibit "B" and are shown on the plat
map Exhibit "A" as attached hereto; and
WHEREAS, partial or full acquisition of land, easements and
improvements in these parcels, as shown on Exhibits "A" and "B",
is necessary for the project; and
WHEREAS, Section 130 of the Streets and Highways Code
provides for procedures for cooperation between a City and County
for acquisition, construction, improvement or maintenance of
highways or streets; and
WHEREAS, the CITY is willing to provide the infrastructure
connection to state Route 67, the interim expressway
improvements, the property acquisitions and associated services
at no cost to the COUNTY General Fund; and
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WHEREAS, on~uty 27, 1994, the COUNTY ~-'.RD 0P SUPERVISORS
found that this p~'oject conforms to the adopued General Plan of
the COUld; and
WHEREAS, the COUNTY is agreeable to allowing the CITY to
provide public and private infrastructure improvements, and
right-of-way acquisition in the COUNTY; and
W~EREA~, the proposed connection (intersection) improvements
and right-of-way within Caltrans jurisdiction will be deeded to
the State of California; and
WHEREAS, the proposed interim expressway improvements lying
within the COUNTY's jurisdiction will be deeded to the COU1T~Y;
and
WHEREAS, the COUNTY and CITY desire to specify herein the
terms and conditions by which said State Route 67 connection
improvements, Scripps Poway Parkway interim expressway
improvements, and right-of-way acquisition will be accomplished
and financed.
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between CITY
and COUNTY as follows=
1. The CITY will provide plans and specifications for:
a. The improvement of the Scripps Poway Parkway
interim expressway and State Route 67 connection.
b. The relocation of a portion of the present Rio
Maria Road (an existing private road) connection
to State Route 67.
2. The COUITTY authorizes the CITY to acquire by direct
negotiation or eminent domain all the parcels or
easement rights that are necessary for the project.
The COUNTY General Fund shall no~ be responsible for
any of the costs associated therewith.
3. The CITY will provide right-of-way and eminent domain
services for:
a. The Scripps Poway Parkway interim expressway and
the State Route 67 connection and related taper
lanes within the unincorporated COLrNTY area.
b. The relocation of a portion of Rio Maria Road
(existing private road) connection to State Route
67.
The relocation of private (unimproved) road
easement connections to State Route 67, as may be
required by law.
4. The S ~e of California (Cal~ran£ and the CITY will
provia~ oversight for the preparau~on of plans,
specifications and estimates for the State Route 67
connection improvements and CITY will advertise, award
and administer the construction contract for said
connection improvements, as is required for all locally
funded State Highway projects.
5. The State of California (Caltrans) and the CITY will
provide oversight for right-of-way acquisition and
services.for the State Route 67 connection
improvements, as is required for all locally funded
State Highway projects.
6. After the Plans and specifications have been approved
by a duly authorized representative of the COUNTY, the
CITY will advertise, award, and administer the
construction contract(s) for the surface street
improvements in the unincorporated COUNTY area, as
necessary for the State Route 67 connection
improvements.
7. The CITY will provide for the COUNTY to be named as an
additional insured on all contractor's insurance
policies.
8. All costs associated With the Scripps Poway Parkway and
State Route 67 connection right-of-way acquisition
therefore, shall be borne by the CITY. The COUNTY
shall nQ~ be responsible for any of the project costs.
9. After all improvements are completed, maintenance of
said improvements shall be allocated as follows:
a. Caltrans shall maintain Sta~e Route 67, the
connection intersection (including the signal
light system and taper lanes) and 150 feet of
Scripps Poway Parkway lying west of and contiguous
to State Route 67 and 50 feet of the realigned Rio
Maria Road lying east of and contiguous to State
Route 67.
b. COUNTY shall maintain that portion of Scripps
Poway Parkway lying within the COUNTY's
unincorporated limits (including that portion of
Rio Maria Road as realigned and constructed to
COUNTY road standards).
c. Maintenance of private roads and easements in the
unincorporated COUNTY area shall be borne by the
private road users, by way of a standard COUNTY
private road maintenance agreement, at no cost to
the COUNTY.
d. CITY shall maintain that portion of Scripps Poway
Parkway lying within the CITY's incorporated
limits.
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JAN 1 0 1995
10. The St ~ of California will reta~ right of ownership
in the antersection connection impzovements constructed
in the unincorporated COUNTY area pursuant to the
agreement, and acceptance of the projec~ by the S~a~e
- of California.
11. The CITY shall be bound by the following
indemnification provisions:
a. The COUNTY, its agents, officers, and employees
shall not be held liable for any claims,
liabilities, penalties, fines, or for damage to
any goods, properties, or effects on any person
whatsoever, not for personal injuries to, or death
of anyone, caused by or resulting from, any
negligent acts or omissions of CITY, or its
agents, employees, or representatives, including
liability resulting from the actions or omission
of the CITY, its agents, employees, or
representatives, which may occur by reason of any
work specified in this Agreement.
b. The CITY further agrees to defend and indemnify
and save free and harmless the COUNTY and its
authorized agents, officers, and employees against
negligent acts or omissions of the CITY, its
agents, officers, or employees, alleged to have
occurred regarding the design, acquisition, and
construction of the improvements specified in this
AgreBment.
c. This Indemnity Agreement is not limited in any way
by the extent of any insurance policy currently in
force and held by either party, and shall remain
in effect after the termination of this agreement.
12. This Agreement may not be modified, amended, or
otherwise changed unless by an amendment in writing
executed by the parties hereto.
13. This Agreement will terminate upon the transfer of the
following rights-of-way to the:
a. State of California - The intersection connection
right-of-way, including the taper lane widening,
the east 150 feet of the scripps Poway Parkway and
west 50 feet of the realigned Rio Maria Road.
b. COUNTY - That portion of Rio Maria Road as
realigned and that portion of Scripps Poway
Parkway lying within the COUNTY unincorporated
area.
APPROVED AS TO FORM AND LEGALITY CITY OF POWAY
BY: BY:
Stephen M. Eckis, City Attorney Don Higginson, Mayor
ATTEST:
BY:
Marjorie K. Wahlsten, City Clerk
APPROVED AS TO FORM AND LEGALITY COUNTY OF SAN DIEGO
LLOYD M. HARMON, JR., County Counsel
BY: BY:
Deputy County Counsel Clerk of the Board of
Supervisors
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JAN101995 12
SCRIPPS POWAY PARKWAY 1994
RIGHT OF WAY CHECK LIST (Within The County of San Diego)
R/W No. APN , , OWNERSHIP NAME 0tBSTINGt PTR #
0ISCHR 324-070-04 SCH.REIB£Rt HERMAN E. & DORIS/CP 03=144685
02KING 324-010-70 KING, STEPHEN P. & MARl'ORIg. L./IT 03-146413
06POWA 324-070-03 POWAY F'['C142 LIMITED. PARTNERSHIp~ ACLP 03-143039. ,
07FISH 324-011-14 FISHER ENTERPRISES 03-143.046
08POWA 324-011-03 POWAY FTCI42 LIMIT~.D PARTNERSHIP, ACLP 03-143039.
09NEWH 324-0,11-04 NEWHOUSE, MICHAEL A. frRr: K. HOURY~ K~NN~TI-~ A. & LUCI 03-143038
10WILL 324-011-10 WILLIAMS, ROBERT E. & ZAHRAH L./JT 03-143044
llNOVA 324--011-09 NOVAI~ VERNON A & MARIE L./gl' 03-144107
12WILL 324-011-08 WILLIAMS~ ROBERT E. & ZAHRAH L-/JT 03-144106
13NOVA ~24-011-07 NOVAI~ VERNON A & MARIE I..//2' 03-144.107
ISRGB 323---080-02 RGB PROPERTLE~. 03-1~3040
16SANR 232-080-04 SANREX CO LTl) 03-143042
17SANR 323-I i0-59 SAN'REX CO LTD 03?143043
18SALI 323-t10-28 SALISBURY~ MARILLA A. fiR 03-143,.041
19SANR 323--080-03 SANREX CO LTD 03-14~042
EXHIBIT "1
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