APPROVED AS TO FORM AND LEGALITY
___________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. ______________ C.M.S.
RESOLUTION (1) AUTHORIZING TH E CITY ADMINISTRATOR TO
NEGOTIATE AND ENTER INTO A DELEGATED MAINTENANCE
AGREEMENT WITH THE CALIF ORNIA DEPARTMENT OF
TRANSPORTATION (CALTRANS) TO INCLUDE MAINTENANCE
ACTIVITIES SUCH AS WEED ABAT EMENT, LITTER, AND DEBRIS
REMOVAL ON SPECIFIED CALTRANS HIGHWAY ON-RAMPS AND
OFF-RAMPS; (2) ACCEPTING AND APPROPRIATING UP TO THREE
HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($375,000) FROM
CALTRANS IN CONNECTION WITH THE AGREEMENT; AND (3)
MAKING CALIFORNIA ENVIRONM ENTAL QUALITY ACT (CEQA)
FINDINGS
WHEREAS, the California Department of Transportation (Caltrans) seeks to enter into a Delegated Maintenance Agreemen t (Agreement) with the City of Oakland (City) to perform beautification activities on Caltr ans freeway and highway areas si tuated within the City of Oakland’s jurisdictional limits as authorized under Streets and Highways Code Section 130; and
WHEREAS, the City shall perform maintenance operations at the locations set forth in the Agreement to keep the facilities in a safe and operational condition; and
WHEREAS, the maintenance operations include activities such as weed abatement, litter and debris removal; and
WHEREAS, this Agreement will yield up to Th ree Hundred Seventy-Five Thousand Dollars ($375,000) in funds from CalTrans and the Council wishes to accept and appropriate these funds; and
WHEREAS, the funds will be deposited into Fund 2140, Project # TBD; and
WHEREAS, this Agreement does not supersede any prior Delegated Maintenance Agreement, Freeway Maintenance Agreement or any other agreement between the City and Caltrans, such prior agreements remain in full force and effect; and
WHEREAS, pursuant to Oakland Charter Articl e V, Section 504 (1), 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
2 WHEREAS, this action involves routine, ongoing maintenance of existing transportation facilities and appurtenant lands caped areas, includi ng trash and debris removal, vegetation trimming, weed abatement, and similar custodial and maintenance work, and does not include any expansion of use, increase in roadway capacity, new construction, or ground-disturbing activities beyond minor surface disturbance; and
WHEREAS, the proposed activities involved in this action will occur entirely within previously disturbed and developed Caltrans fr eeway and highway rights-of-way and will not result in the removal of mature trees, impacts to sensitive habitats, or alteration of drainage patterns; and
WHEREAS, this action qualifies for an exemption from the California Environmental Quality Act (“CEQA”) pursuant to the following CEQA Guidelines sections, each of which, both collectively and independently, ex empt the action from CEQA: (a) 15301 (“existing facilities”), which exempts the operation, repair, maintenance, and minor alteration of existing public facilities involving negligible or no expansion of an ex isting use; (b) 15304 (“minor alterations to land”); and (c) 15061(b)(3) (“the common sense exemption”); and
WHEREAS, none of the exemptions set forth in CEQA Guidelines section 15300.2 apply to this action; now, therefore, be it
RESOLVED: That the City Administrator is hereby authorized to negotiate and execute a Delegated Maintenance Agreement between the City and Caltrans to include maintenance activities such as weed abatemen t, litter, and debris removal on specified Caltrans freeway and highway areas situated within the City of Oakland’s jurisdictional limits; and be it
FURTHER RESOLVED: That the City Council hereby a ccepts and appropriates up to Three Hundred Seventy-Five Thousand Dollars ($375,000) from Caltrans in connection with the Agreement; and be it
3 FURTHER RESOLVED: That the City Council finds and de termines that this action is exempt from CEQA, both collect ively and independently, pursu ant to the following CEQA Guidelines sections: (a) 15301 (“existing facilities”); (b) 15304 (“minor alterations to land”); and (c) 15061(b)(3) (“the common sense exemption”); and directs the City Administrator or designee to file a Notice of Exemption (“NOE”) if appropriate.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - BROWN, FIFE, GALLO, HOUSTON, RAMACHANDRAN, UNGER, WANG, AND
PRESIDENT JENKINS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California
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