Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: Relinquishment of St. Joseph Way to the City of Cotati Date: August 09, 2022
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended that the City Council adopt a resolution supporting relinquishment of St.
Joseph Way to the City of Cotati and authorize the City Manager to issue a letter of support for the relinquishment
Background
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. The City effectuated the transfer through an informal process known as a Section 83 transfer, as permitted under the California Streets and Highway Code. 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.
Analysis/Discussion
St. Joseph Way functions as a local street and is separate and disconnected from the State Highway System. Unaware of the Section 83 transfer, the City has continued to maintain the roadway as a local street. With 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.
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, including a resolution of the City Council consenting to the relinquishment, as well as a letter to the Caltrans District Director requesting the relinquishment of St. Joseph Way back to the City.
Once the relinquishment request is made, it is expected to take at least 6 months for the CTC to relinquish the right of way.
Financial Considerations
The City has continuously maintained this roadway, so no additional financial impacts are anticipated. The relinquishment from one governmental agency to another for the same public use does not typically require payment.
Environmental Issues
This action 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.
Attachments:
Section 83 Transfer (PDF)