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APPROVE RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL CALIFORNIA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY CERTIFICATIONS
recommended action
RECOMMENDATION
It is recommended that the City Council adopt a resolution to authorize the City Manager or his designee to sign all California Department of Transportation (Caltrans) Right-of-Way Certifications.
It is further recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
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Summary
The City of Stockton (City) constructs many projects each year using federal and State funds. To receive funds for construction of a project, a Right-of-Way Certification must be approved by Caltrans. The Certification states that the right-of-way acquired is sufficient for the project, and that acquisition and relocation activities are in compliance with applicable laws and regulations. The Certification also addresses status of right-of-way, railroads, and utility facilities; material and disposal sites; and certifies the information is true and correct. The Right-of-Way Certification must be signed by an official designated by the City Council. The most current resolution authorizing the Public Works Director to sign Right-of-Way Certifications was adopted by Council on May 17, 1993 (Resolution No. 93-0295). As that resolution designated and named the Public Works Director at that time, Caltrans has requested an updated resolution. Staff recommends Council adopt a resolution authorizing the City Manager or his designee to sign all Caltrans Right-of-Way Certifications.
DISCUSSION
Background
The City utilizes federal and State funding to help improve its roads, bridges, and infrastructure. The process, procedures, and guidelines for using these funds are governed by Caltrans’ guidelines. During project development on federal or State funded projects, the City must coordinate and obtain Caltrans’ approvals at various stages of the project. Staff coordinates the project details and approvals for each project as it progresses from project startup, funding authorization(s), environmental clearance, right-of-way acquisition, field review, design, and finally to construction and project closeout. Many Certifications from City staff, designers, and construction managers are required throughout the entire process.
One of the required project level Certifications is an assurance that the project rights-of-way are clear of any unresolved right-of-way matters which might prevent construction from proceeding smoothly. Coordination and resolution of all the Certification details are performed by City and/or consultant staff. The Right-of-Way Certification states that the right-of-way acquired is sufficient for the project, and that acquisition and relocation activities are in compliance with applicable laws and regulations. In addition, the Certification usually addresses the following items:
1. Status of required right-of-way
2. Status of affected railroad operating facilities
3. Material Site(s)
4. Disposal Site(s)
5. Status of required utility relocations
6. High and low risk underground facilities
7. Right-of-way clearance
8. Compliance with relocation assistance program requirements
9. Certification that information supplied is true and correct
A Right-of-Way Certification is required for each project, and the form and accompanying information is prepared by staff and approved by Caltrans and/or FHWA. The Right-of-Way Certification must be signed by an official designated by the City Council. Caltrans requires a resolution authorizing the designated City official responsible for signing the Certification.
Present Situation
The most current resolution authorizes the Public Works Director to execute Right-of-Way Certifications and was passed, approved, and adopted on May 17, 1993 (Resolution No. 93-0295). This resolution designated and named the Public Works Director at that time, and Caltrans has advised that the resolution is no longer valid. Caltrans has requested that the City adopt a new resolution authorizing the signing of all current and future Right-of-Way Certifications. Staff recommends that Council adopt a resolution authorizing the City Manager or his designee to sign all current and future Right-of-Way Certifications.
FINANCIAL SUMMARY
No financial appropriations or expenditures are required.
There is no impact to the City’s General Fund or to any other unrestricted fund as a result of taking the recommended action.