Celso Ortiz (Jun 28, 2022 12:54 PDT)
APPROVED AS TO FORM AND LEGALITY
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. C.M.S.
ADOPT A RESOLUTION:
1) AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE:
(A) A PROJECT SPECIFIC MAINTENANCE AGREEMENT
BETWEEN THE CITY AND CALIFORNIA DEPARTMENT OF
TRANSPORTATION (CALTRANS) FOR THE OAK KNOLL
DEVELOPMENT PROJECT AND EAST 12 TH STREET BIKEWAY
PROJECT AS PART OF THE TERMS OF A FUTURE CALTRANS
ENCROACHMENT PERMIT APPLIED FOR BY THE CITY
REQUIRED FOR CONSTRUCTION ON CALTRANS RIGHT OF
WAY; AND
(B) AN AMENDMENT TO THE MAINTENANCE AGREEMENT
DATED AUGUST 23 1991 WITH THE CALIFORNIA
TRANSPORTATION DEPARTMENT FOR THE OAK KNOLL
DEVELOPMENT PROJECT AND EAST 12
TH STREET BIKEWAY
PROJECT AS PART OF THE TERMS OF A FUTURE CALTRANS
ENCROACHMENT PERMIT APPLIED FOR BY THE CITY
REQUIRED FOR CONSTRUCTION ON CALTRANS RIGHT OF
WAY; AND
2) ADOPTING APPROPRIATE CALIFORNIA ENVIRONMENTAL
QUALITY ACT FINDINGS
WHEREAS, the Oak Knoll Development projec t is a mixed -use residential and commercial project consisting of 918 residences, 72,000 sq ft of neighborhood commercial, 14,000 sq ft of civic/commercial use, open space, creek restorations, and trails; and
WHEREAS, the City Council certified the Oak Knoll Development Project Supplemental Environmental Impact Report (SEIR) and approved the project on November 7, 2017, by Resolution No. 86963 C.M.S.; and
WHEREAS, The East 12 th Street Bikeway Project is exempt under CEQA (Section 15301, Class 1: Existing Facilities); and
2646873v8 / Attorney Initials - updated 12/28/2021
2 WHEREAS, among the conditions of approval and mitigations, the project is required to construct five (5) traffic signals that are located partially or entirely on right of way owned by the State of California, Department of Transportation (Caltrans), which requires their approval for construction, operation and maintenance; and
WHEREAS, the East 12th Street Bikeway Project, from 35th Avenue to 54th Avenue, is a significant bicycle and pedestrian safety and access project that was approved for funding by the City Council on September 19, 2017 (Resolution 86894 CMS); and
WHEREAS, a portion of the project on East 12 th Street includes improvements on the 42nd Avenue overcrossing bridge structure owned and operated by Caltrans; and
WHEREAS, pursuant to Oakland Charter Article V, Section 504 (l), the City Administrator, when directed by the Council, may represent the City in intergovernmental relations and negotiate contracts for joint governmental actions, subject to Council approval: and
WHEREAS, permission to make such improvements require that the City stipulate to a maintenance agreement acknowledging the City’s responsibilities to maintain them; now, therefore, be it
RESOLVED: That the City Administrator, or designee, the Director of the Department of Transportation, be, and hereby are authorized to negotiate and execute 1) a Project Specific Maintenance Agreement and 2) an amendment to the August 23, 1991 maintenance agreement, with Caltrans; and be it
FURTHER RESOLVED: That the City Council certified the Oak Knoll Development Project Supplemental Environmental Impact Report (SEIR) and approved the project on November 7, 2017 by Resolution 86963 C.M.S.; and be it
FURTHER RESOLVED: That Council finds and determines that the East 12th Street Bikeway Project is exempt under CEQA (Section 15301, Class 1: Existing Facilities); and be it
FURTHER RESOLVED: That A Notice of Determination/Notice of Exemption will be filed with Alameda County prior to advertising the project for construction bids; and be it
FURTHER RESOLVED: that the City Administrator is hereby author ized to take any and all actions necessary for the completion of the Projects, except appropriation of funds, and be it
3 FURTHER RESOLVED: That the agreements and amendments authorized hereunder shall be reviewed and approved by the City Attorney for form and legality and shall be placed on file in the office of the City Clerk.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - FIFE, GALLO, KALB, KAPLAN, REID, TAYLOR, THAO AND
PRESIDENT FORTUNATO BAS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California