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Resolution of Change to the Freeway Agreements for State Route 217 and State Route 101 with the State of California, Department of Transportation for the San Jose Creek Multipurpose Path Northern and Southern Segments Project

Goleta City Council
January 16, 2024

Document
Resolution of Change to the Freeway Agreements for State Route 217 and State Route 101 with the State of California, Department of Transportation for the San Jose Creek Multipurpose Path Northern and Southern Segments Project
Meeting
January 16, 2024
Body
Goleta City Council
Pages
3
Original file
2.2 MB
Text extracted from the city's file for reading and search. Open the original on goleta.legistar1.com. That file is the official record.

Agenda Item A.9

CPMS CONSENT CALENDAR
Meeting Date: January 16, 2024
____________________________________________________________ TO: Mayor and Councilmembers
FROM: Charles W. Ebeling, Public Works Director
PREPARED BY: Teresa Lopes, Senior Project Engineer
SUBJECT: Resolution of Change to the Freeway Agreements for State Route 217 and State Route 101 with the State of California, Department of Transportation for the San Jose Creek Multipurpose Path Northern and Southern Segments Project
RECOMMENDATIONS:

A. Adopt Resolution No. 24 -___ entitled “A Resolution of the City Council of the City of Goleta, California, Approving a Resolution of Change to the City of Go leta – State of California Freeway Agreement for Route 101 to Reflect the Construction of a Class 1 Bike Path Under State Route 101 Near the State Route 101 and State Route 217 Interchange;” and
B. Adopt Resolution No. 24 -___ entitled “A Resolution of the Ci ty Council of the City of Goleta, California, Approving a Resolution of Change to the City of Goleta – State of California Freeway Agreement for Route 217 to Reflect the Construction of a Class 1 Bike Path Along State Route 217 From East of Sandspit Rd to the Hollister Avenue Interchange.”
BACKGROUND:

A typical Freeway Agreement documents the understanding between the State of California Department of Transportation (Caltrans) and a local agency regarding the planned traffic circulation features of a prop osed freeway. The Freeway Agreement defines which local streets will be closed, which will connect to the State facility, the location of frontage roads, which streets will go under or over the State facility and how streets may be relocated or otherwise modified.

On May 3, 2022, the Council adopted a Resolution (Resolution 22 -16) approving a Freeway Agreement for State Route 217 (SR 217) with the State of California (Attachment 3). The City entered into a Freeway Agreement for State Route 101 (SR 101) with Caltrans on April 18, 2008 (Agreement 2008-155) (Attachment 4). 1 Meeting Date: January 16, 2024

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DISCUSSION:

Per Chapter 24 of Caltrans’ Project Development Procedures Manual, Article 8, a freeway agreement may be changed at any time by mutual consent with an approved project. The construction of the San Jose Creek Multipurpose Path Project will result in changes to both the existing Freeway Agreement for SR 101 and SR 217 with the addition of the new separated path located within Caltrans Right of Way at both locations.

The re solution of change procedure is used to document minor changes to the State highway or to the local roads within the limits of a current freeway agreement that may be taken as an intermediate step before superseding the current freeway agreement. The local agency (in this case the City) issues a resolution to request or agree with revisions to the existing freeway agreement to be incorporated into a superseding freeway agreement at some future date.

For SR 101 the proposed change includes the construction of the Class I Bike Path crossing underneath SR 101 within Caltrans right -of-way (ROW ), approximately 0.25 mile west of SR 101/SR 217 interchange at approximately Postmile 21.6 . Improvements include the placement of the paved path with retaining walls an d pedestrian railing as shown on Exhibit A of Attachment 1. For SR 217 the proposed change includes the addition of the Class I Bike Path adjacent to the western shoulder of SR 217 within the Caltrans ROW from east of Sandspit Road to west of the Hollister Avenue interchange.

Improvements include placement of a paved path with retaining walls and pedestrian rail as shown on Exhibit A of Attachment 2.

A Resolution of Change (ROC ) is required for each SR 217 and SR 101. The ROC references the existing freeway agreement, identifies the proposed changes; the addition of the new separated multipurpose beneath SR 101 and along SR 217, and includes their justifications. An exhibit map is attached (Exhibit A) for clarification.

The County of Santa Barbara has also approved a ROC for the changes to their SR 217 Freeway Agreement with Caltrans for the inclusion of the new San Jose Creek Multipurpose Path Project along and passing underneath SR 217 within the County’s jurisdiction. Public Works recommends that the City Council adopt both the ROC for SR 101 and the ROC for SR 217 (Attachments 1 and 2)
FISCAL IMPACTS:

There are no fiscal impacts associated with the approval of the Resolutions of Change for SR 217 and SR 101.

ALTERNATIVES:

The Council may elect not to adopt the ROC for either SR 217 or SR 101 or both.

However, if this occurs the San Jose Creek Multipurpose Path Project will not be able to 2 Meeting Date: January 16, 2024

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proceed into the construction phase and thereby risk the loss of $18 M of Active Transportation funding.

LEGAL REVIEW BY: Megan Garibaldi, City Attorney
APPROVED BY: Robert Nisbet, City Manager
ATTACHMENTS:

1. Resolution No. 24 -___ entitled “A Resolution of the City Council of the City of Goleta, California, Approving a Resolution of Change to the City of Goleta – State of California Freeway Agreement for Route 101 to Reflect the Construction of a Class 1 Bike Path Under State Route101 Near the State Route 101 and State Route 217 Interchange.”

2. Resolution No. 24 -___ entitl ed “A Resolution of the City Council of the City of Goleta, California, Approving a Resolution of Change to the City of Goleta – State of California Freeway Agreement for State Route 217 to Reflect the Construction of a Class 1 Bike Path Along State Route 217 From East of Sandspit Road to the Hollister Avenue Interchange.”

3. Freeway Agreement for Route 101 with State of California Acting Through its Department of Transportation.

4. Resolution No. 22-16 entitled “A Resolution of the City Council of the City of Goleta, California, Approving a Freeway Agreement for State Highway Route 217 with the State of California Acting Through its Department of Transportation.” 3 ATTACHMENT 1

RESOLUTION OF CHANGE TO THE CITY OF GOLETA-STATE OF CALIFORNIA FREWAY AGREEMENT FOR ROUTE 101 TO REFLECT THE CONSTRUCTION OF A CLASS 1 BIKE PATH UNDER STATE ROUTE 101 NEAR THE STATE ROUTE 101 AND STATE ROUTE 217 INTERCHANGE
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RESOLUTION NO. 24-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GOLETA,

CALIFORNIA, APPROVING A RESOLUTION OF CHANGE TO THE CITY

OF GOLETA -STATE OF CALIFORNIA FRE EWAY AGREEMENT FOR
ROUTE 101 TO REFLECT THE CONSTRUCTION OF A CLASS 1 BIKE PATH UNDER STATE ROUTE 101 NEAR THE STATE ROUTE 101 AND STATE ROUTE 217 INTERCHANGE

WHEREAS, the City of Goleta ( “CITY”) and the California Department of Transportation (“STATE”) entered into a Freeway Agreement dated April 1, 2008 relating to that certain portion of State Route 101 (SR 101), between 0.2 mile east of Patterson Avenue to Farren Road; and

WHEREAS, the CITY currently proposes to construct a Class 1 Bike Path crossing underneath SR 101 approximately 0.25 mile west of the SR 101/State Route 217 (SR 217) interchange approximately at Postmile 21.6 as shown on Exhibit “A”; and

WHEREAS, the proposed construction of the Class 1 B ike Path will include placement of a paved path with retaining walls and pedestrian railing for a nonmotorized grade separated facility under SR 101; and

WHEREAS, the placement of Class 1 Bike Path will improve multimodal access to either side of SR 101; and

WHEREAS, the improvements described above and those shown on Exhibit A, which is attached hereto and incorporated herein by this reference, require minor revisions to the current Freeway Agreement.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GOLETA HEREBY RESOLVES AS FOLLOWS:

SECTION 1.

The proposed Resolution of Change for the Class I bike path under SR 101 , as described hereinabove and within Exhibit A, is approved.

SECTION 2.

The City Manager is authorized to request the change to the subject Freeway Agreement on behalf of the City. The approval of the above-described revision is conditioned upon the execution of the Freeway Agreement which will incorporate those revisions at some future date.

SECTION 3.

The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

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Page 2 of 3 ends

PASSED, APPROVED, AND ADOPTED this 16th day of January, 2024

______________________________

PAULA PEROTTE
MAYOR

ATTEST: APPROVED AS TO FORM:

DEBORAH S. LOPEZ MEGAN GARIBALDI

CITY CLERK CITY ATTORNEY

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Page 3 of 3 ends

STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA ) ss.

CITY OF GOLETA )

I, DEBORAH S. LOPEZ, City Clerk of the City of Goleta, California, DO HEREBY CERTIFY that the foregoing Resolution No. 2 4-__ was duly adopted by the City Council of the City of Goleta at a regular meeting held on the 16 th day of January, 202 4 by the following vote of the Council:

AYES:

NOES:

ABSENT:

(SEAL)

_________________________
DEBORAH S. LOPEZ

CITY CLERK

7 TO SANTA BARBARA
ROUTE 101
San Jose Creek

CALLE REAL
N KELLOGG Ave

UNION PACIFIC RAILROAD

TO SANTA MARIA

CITY OF GOLETA
P

EXHIBIT A
P
SB-101 PM 21.6
8 ATTACHMENT 2

RESOLUTION OF CHANGE TO THE CITY OF GOLETA-STATE OF CALIFORNIA FREEWAY AGREEMENT FOR ROUTE 217 TO REFLECT THE CONSTRUCTION OF A CLASS 1 BIKE PATH ALONG STATE ROUTE 217 FROM EAST OF SANDSPIT RD

TO THE HOLLISTER AVENUE INTERCHANGE
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RESOLUTION NO. 24-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GOLETA,

CALIFORNIA, APPROVING A RESOLUTION OF CHANGE TO THE

CITY OF GOLETA -STATE OF CALIFORNIA FREEWAY AGREEMENT
FOR ROUTE 217 TO REFLECT THE CONSTRUCTION OF A CLASS 1
BIKE PATH ALONG STATE ROUTE 217 FROM EAST OF SANDSPIT

RD TO THE HOLLISTER AVENUE INTERCHANGE

WHEREAS, the City of Goleta ( “CITY”) and the California Department of Transportation (“STATE”) entered into a Freeway Agreement dated May 3, 2022, relating to that portion of State Route 217 (SR 217) between 1.0 miles West of Hollister Avenue to Route 101; and

WHEREAS, the CITY currently proposes to construct a Class 1 Bike Path adjacent to the western shoulder of State Route 217 (SR 217) from east of Sandpit Road to the Hollister Avenue Interchange; and

WHEREAS, the proposed construction of the Class 1 B ike Path will include placement of a paved path with retaining walls and pedestrian rai ling improving multimodal access; and

WHEREAS, the improvements described above and those shown on Exhibit A, which is attached hereto and incorporated herein by this reference, require minor revisions to the current Freeway Agreement.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GOLETA HEREBY RESOLVES AS FOLLOWS:

SECTION 1.

The proposed Resolution of Change for the Class I bike path adjacent to SR 217, within City limits from postmile 1.3 to 2.2 , as described hereinabove and within Exhibit A, is approved.

SECTION 2.

The City Manager is authorized to request the change of the subject Freeway Agreement on behalf of the City. The approval of the above -described revision is conditioned upon the execution of the Freeway Agreement which will incorpor ate those revisions at some future date.

SECTION 3.

The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

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PASSED, APPROVED, AND ADOPTED this 16th day of January 2024.

______________________________

PAULA PEROTTE
MAYOR

ATTEST: APPROVED AS TO FORM:

DEBORAH S. LOPEZ MEGAN GARIBALDI

CITY CLERK CITY ATTORNEY

11

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STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA ) ss.

CITY OF GOLETA )

I, DEBORAH S. LOPEZ, City Clerk of the City of Goleta, California, DO HEREBY CERTIFY that the foregoing Resolution No. 24-__ was duly adopted by the City Council of the City of Goleta at a regular meeting held on the 16 th day of January, 202 4 by the following vote of the Council:

AYES:

NOES:

ABSENT:

(SEAL)

_________________________
DEBORAH S. LOPEZ

CITY CLERK

12 HIGHWAY 101
San Pedro Creek
SCHOOL BUS Ln
PINE Ave
S KELLOGG Ave
EKWILL St
HOLLISTER Ave

CITY OF GOLETA

COUNTY OF

SANTA BARBARA
San Jose Creek
ROUTE 217

TO SANTA BARBARA

TO GOLETA

CITY OF GOLETA COUNTY OF SANTA BARBARA
THORNWOOD Dr
San Jose Creek
FAIRVIEW Ave
FOWLER Rd

EXHIBIT A
SB-217 1.3/2.0
13 ATTACHMENT 3

Freeway Agreement between the State of California acting by and through the Department of Transportation and the City of Goleta for State Route 101 (Agreement 2008-155).
14 15
16 17
18 19
20 21
22 ATTACHMENT 4

Resolution (Resolution 22-16) Approving a Freeway Agreement between the State of California acting by and through the Department of Transportation and the City of Goleta for State Route 217
23 24
25 26

FREEWAY AGREEMENT

THIS AGREEMENT, made and entered into on this day of , , by and between the STATE OF CALIFORNIA acting by and through the Department of Transportation (herein referred to as “STATE”), and the City of Goleta (herein referred to as “CITY”).

WITNESSETH:

WHEREAS, the highway described above has been declared to be a freeway by Resolution of the California Highway Commission on October 23,1957; and

WHEREAS, STATE and County of Santa Barbara have entered into a Freeway Agreement dated March 3, 1958 and a Supplemental Freeway Agreement dated September 28, 1964, relating to that portion of State Highway Route 217 (previously known as Route 236) from Hollister Avenue to State Highway 101 (previously known as Route 2); and

WHEREAS, STATE and County of Santa Barbara have entered into a Freeway Agreement dated September 22, 1958 and Supplemental Freeway Agreement dated August 12, 1963, relating to that portion of State Highway Route 217 from the East City Limit of Santa Barbara to 0.2 mile east of Hollister Avenue; and

WHEREAS, CITY has subsequently annexed certain areas including portions of such freeway covered by said Freeway Agreements dated March 3, 1958 and September 22, 1958 with the County of Santa Barbara; and

WHEREAS, a revised plan map for such freeway has been prepared showing the proposed plan of the STATE as it affects streets of the CITY; and

WHEREAS, it is the mutual desire of the parties hereto to enter into a new Freeway Agreement in accordance with the revised plan of said freeway;

NOW, THEREFORE, IT IS AGREED:

1. This Agreement supersedes that portion of said Freeway Agreement dated March 3, 1958 and Supplemental Freeway Agreement dated September 28, 1964, from Hollister Avenue to State Highway 101; and this Agreement supersedes that portion of said Freeway Agreement dated September 22, 1958 and Supplemental Freeway Agreement dated August 12, 1963, from the East City Limit of Santa Barbara to 0.2 mile east of Hollister Avenue.

2. CITY agrees and consents to the closing of CITY streets, relocation of CITY streets, construction of frontage roads and other local streets, and other construction affecting CITY streets, all as shown on the plan map attached hereto, marked Exhibit A, and made a part hereof by reference.
27 3. The obligations of STATE and CITY with respect to the funding and construction of the freeway project will always be dealt with in separate Cooperative Agreement(s) between the parties, and any amendments thereto, or Encroachment Permits issued to CITY. The parties responsible for the construction of the freeway shall make any changes affecting CITY streets only in accordance with the plan map attached hereto, marked Exhibit A.

4. The obligations of STATE and CITY with respect to the acquisition of the rights of way required for the construction, reconstruction, or alteration of the freeway and CITY streets, frontage roads, and other local streets will always be dealt with in separate Cooperative Agreement(s) between the parties, and any amendments thereto or Encroachment Permits issued to CITY.

5. It is understood between the parties that the rights of way may be acquired in sections or units, and that both as to the acquisition of right of way and the construction of the freeway project, the obligations of STATE and CITY hereunder shall be carried out at such time and for such unit or units of the project as funds are budgeted and made lawfully available for such expenditures.

6. CITY will accept control and maintenance over each of the relocated or reconstructed CITY streets, any frontage roads, and other local streets constructed as part of the project, on receipt of written confirmation that the work thereon has been completed, except for any portion which is adopted by STATE as a part of the freeway proper. If acquired by STATE, CITY will accept title to the portions of such streets lying outside the freeway limits upon relinquishment by STATE. 28 7. This Agreement may be modified at any time by the mutual consent of the parties hereto, as needed to best accomplish, through STATE and CITY cooperation, the completion of the whole freeway project for the benefit of the people of the STATE and of the CITY.

IN W
ITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers.

STATE OF CALIFORNIA
Department of Transportation

STEVEN KECK
Interim Director of Transportation THE CITY OF GOLETA
By By

TIM GUBBINS MICHELLE GREENE
District 5 Director City Manager
APPROVED AS TO FORM: APPROVED AS TO FORM:

Attorney (State) Attorney (City)
29 30

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