RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI REQUESTING RELINQUISHMENT OF ST. JOSEPH WAY AND APPROVING A LETTER TO REQUEST THAT CALTRANS RELINQUISHES ST. JOSEPH WAY.
WHEREAS, in 2002, the City of Cotati (City) relinquished St. Joseph Way to the State Department of Transportation (Caltrans) for the purpose of constructing an ADA pathway from the St. Joseph Park and Ride to the bus stops on Old Redwood Highway; and WHEREAS, the City effectuated the transfer through an informal process known as a Section 83 transfer, as permitted under the California Streets and Highway Code; and WHEREAS, this transfer of right of way was not documented at the City and did not appear on any title searches, so was unknown to the City until recently; and WHEREAS, St. Joseph Way functions as a local street and is separate and disconnected from the State Highway System; and
WHEREAS, unaware of the Section 83 transfer, the City has continued to maintain the roadway as a local street; and
WHEREAS, given the 2014 transfer of the St. Joseph Park and Ride to the City, it is believed that Caltrans has no further interest in the local street; and WHEREAS, the City requests that Caltrans relinquish St. Joseph Way back to the City to continue to function as a local street, with the City continuing to be responsible for maintenance; and
WHEREAS, California Street and Highways Code, Section 73 et seq authorizes the California Transportation Commission (CTC) to relinquish a portion of a State highway to a city or county, provided certain steps are followed; and
WHEREAS, the City of Cotati agrees that the relinquishment will be for transportation use; and
WHEREAS, the City needs to issue a letter to the Caltrans District Director requesting the relinquishment of St. Joseph Way back to the City; and
WHEREAS, the City Council must also consent to the relinquishment by resolution before the CTC may relinquish a portion of any State highway to the City; and WHEREAS, Caltrans must perform a cost-benefit analysis and then, if deemed a benefit, negotiate terms of relinquishment that are presented to the CTC for consideration; and WHEREAS, this action by the City Council is not a project under the California Environmental Quality Act because the action is an administrative activity that will not result in a direct or indirect physical impact on the environment; the City Council does not have final authority over the relinquishment, and future actions by the state are required to relinquish the highway segment.
NOW THEREFORE BE IT RESOLVED THAT by the City Council of the City of Cotati that the City:
1. Requests and consents to the relinquishment of St. Joseph Way to the City in its as-is condition, as allowed under Section 73 et seq. of the California Streets and Highway Code; and
2. Authorizes the City Manager to send a letter, in substantially the form attached, to request Caltrans to initiate the relinquishment process for St. Joseph Way and take any further actions as necessary to facilitate the relinquishment.
IT IS HEREBY CERTIFIED that the foregoing resolution was duly adopted at a regular meeting of the City Council of the City of Cotati held on the August 9th, 2022, by the following vote, to wit:
Approved:________________________________
Mayor
Attest:____________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
____________________________
City Attorney
Attachments:
Letter requesting relinquishment of St. Joseph Way (DOCX)