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12-14-2010 CC Rpt A15 COUNCIL AGENDA STAFF REPORT CIT`!CLERK_USE ONLY REC :S MeetingDate: December 14. 2010 F D 1010 DEC -7 AH II:: 36 Public Hearin 1-1?r1;3;e1,lt; Discussion ltem: 1�1J'/ JF FIL'c OF CITY CLERK Consent Item: CHINO HILLS December 7, 2010 TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY MANAGER SUBJECT: DELEGATION OF AUTHORITY TO INDEMNIFY THE DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR RIGHT-OF-WAY PURPOSES RELATED TO THE PEYTON DRIVE WIDENING (PHASE II) PROJECT RECOMMENDATION: Adopt a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS DELEGATING AUTHORITY TO INDEMNIFY THE DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR RIGHT-OF-WAY PURPOSES RELATED TO THE PEYTON DRIVE WIDENING (PHASE II) PROJECT BACKGROUND/ANALYSIS: The City has made application to Caltrans for right-of-way certification related to the Peyton Drive Widening (Phase II) project. The City previously acquired right-of-way on the east side of Peyton Drive between Eucalyptus Avenue and the Edison substation through the recordation of a parcel map and a pair of grants of easement for road purposes. Recent changes to Caltrans Local Assistance procedures requires an updated right-of-way certification. Said certification requires that the City indemnify and hold harmless Caltrans from any liabilities in the event that right-of-way acquisition for the project was not clear as certified. Staff is asking that the City Council provide the project-specific indemnification required by Caltrans and authorize the City Manager or his designee to sign certifications related to said right-of-way acquisition. REVIEW BY OTHERS: This agenda item has been reviewed by the City Attorney. AGENDA DATE: December 14, 2010 Page 2 SUBJECT: DELEGATION OF AUTHORITY TO INDEMNIFY THE DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR RIGHT-OF-WAY PURPOSES RELATED TO THE PEYTON DRIVE WIDENING (PHASE II) PROJECT FISCAL IMPACT: There is no fiscal impact associated with this action. Respectfully submitted, Recommended by: Mi6hael S. Fleagrdr, City Manager Steven C. Nix,‘,City Engineer SN/AD/ps Attachments RESOLUTION NO. 10R- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS DELEGATING AUTHORITY TO INDEMNIFY THE DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR RIGHT OF WAY PURPOSES RELATED TO THE PEYTON DRIVE WIDENING (PHASE II) PROJECT WHEREAS, the Peyton Drive Widening (Phase II) project is eligible for SAFETEA- LU funding under the auspices of the Federal Highways Administration (FHWA); and WHEREAS, the Peyton Drive Widening (Phase II) project is identified in the Federal Transportation Improvement Program (FTIP) as project HPLUL 5467 (008); and WHEREAS, the California Department of Transportation serves as the agent for FHWA in California; and WHEREAS, the Peyton Drive Widening (Phase II) project required right-of-way acquisition; and WHEREAS, CALTRANS reviews and accepts the City's right-of-way certification. NOW, THEREFORE, BE IT RESOLVED THAT, the City Council of the City of Chino Hills, does hereby resolve, determine, find, and order as follows: SECTION 1. That the City Council hereby affirms the City Manager's authority to indemnify and hold harmless CALTRANS on behalf of the City of Chino Hills from any liabilities which may result in the event the right-of-way for this project is not clear as certified. SECTION 2. That the City Manager of the City of Chino Hills, or his designee, is authorized to certify that the City has and will comply with all applicable State and Federal statutory and regulatory requirements related to right-of-way acquisition. SECTION 3. That the City Manager of the City of Chino Hills or his designee is hereby authorized to negotiate and execute a right-of-way certification or changes thereto and certify grant disbursements on behalf of the City of Chino Hills. SECTION 4. The City Clerk shall certify as to the adoption of this Resolution. 1 of 3 PASSED, APPROVED, AND ADOPTED this day of December, 2010. ED M. GRAHAM, MAYOR ATTEST: MARY M. McDUFFEE, CITY CLERK APPROVED AS TO FORM: MARK D. HENSLEY, CITY ATTORNEY 2 of 3