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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 3 OF 10 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 I Of 5 (po~aysi:~,\doc,.m~nt\AORI4N¥01) ,+OF ].0 JAN101995 12 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. 3 of 5 6 OF 10 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 5 of S 8 OF i0 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 10 OF I 0 (pow~y~pp\~Oc~mem~qWLISTO3) JAN101995 ITEM 12