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CITY COUNCIL AGENDA ITEM NO. 10



Meeting Date: June 26, 2001

Subject/Title: “No Right of Way” Certification for the Lone Tree Overlay/Improvements Project, CIP # 336-3130

Submitted by: Engineering: J. Stevenson/K. Wahl

Approved by: Jon Elam, City Manager



RECOMMENDATION
Approve a Resolution approving and authorizing the City Manager to execute the “No Right of Way” Certification for the Lone Tree Overlay/Improvements Project, CIP # 336-3130.

PREVIOUS ACTION
On May 26, 1998, the City of Brentwood approved an updated Master Agreement, Administering Agency-State Agreement for Federal Aid Projects, 04-5300.

BACKGROUND
The City of Brentwood was awarded federal funding for the Lone Tree Overlay/Improvements Project, CIP. Project No. 336-3130 commencing in the 2000/01 fiscal year. Authorization to Proceed with Preliminary Engineering for the project was received August 31, 2000. The preliminary engineering phase includes Caltrans approval of certification of right of way if no right of way is required for the project. A separate right of way certification must be completed by the City for each project even if no right of way is required for the project.

The Lone Tree Overlay/Improvements Project will not require additional right of way since all work will be done within the existing right of way. Therefore, the next stage in this project’s development is to certify to Caltrans that no right of way is required. Caltrans requirements state that only an official authorized by resolution may execute the required certification form. The Caltrans District 4 Local Assistant Engineer will review the “No Right of Way” Certification form, accept the certification on behalf of Caltrans and return one fully executed copy to the City.


Attachments:
Site Map
Resolution
“No Right of Way” Certification

RESOLUTION NO.


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE “NO RIGHT OF WAY” CERTIFICATION FOR THE LONE TREE OVERLAY/IMPROVEMENTS PROJECT, CIP NO. 336-3130



WHEREAS, Master Agreement 04-5300 between the City of Brentwood and the State of California for federal-aid projects was approved by the City of Brentwood on May 26, 1998; and

WHEREAS, implementation of the program is through the Department of Transportation (Caltrans); and

WHEREAS, federal funding for the Lone Tree Overlay/Improvements Project, CIP # 336-3130, was awarded commencing in FY 2000/01; and

WHEREAS, authorization to Proceed with Preliminary Engineering was received August 31,2000; and

WHEREAS, the Preliminary Engineering phase includes certification of right of way even if no right of way is required for the project; and

WHEREAS, the “No Right of Way” Certification must be executed by an authorized official of the City of Brentwood.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brentwood, that “No Right of Way” Certification be approved and authorized for execution by the City Manager.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 26th day of June, 2001 by the following vote:

AYES: Councilmembers
NOES: 
ABSENT: 


NO RIGHT OF WAY CERTIFICATION 6/26/01
LOCAL ASSISTANCE PROJECT (Date Prepared)
(OFF STATE HIGHWAY SYSTEM)

CITY OF BRENTWOOD

Project:STPL-5300(004)
Please Note: This form is intended for use on local assistance projects off the State Highway System where Federal funds are used and where no additional right of way or rights in real property are required. If any of the questions below are answered “yes”, this form should not be used. Instead, the Right of Way Certification Form (Exhibit 13-B) should be utilized. Federal Program (if available)Lone Tree Way-Brentwood Blvd. to Empire Ave.
Project Location
Pavement Overlay/Rehabilitation
General Description

YES NO
[ ] [ X ] 1. STATUS OF REQUIRED RIGHT OF WAYIs additional right of way required?
[ ] [ X ] 2. Is any work proposed by this project outside of existing right of way?
[ ] [ X ] 3. STATUS OF ACCESS CONTROLAre additional access rights required for this project?
[ ] [ X ] 4. STATUS OF AFFECTED RAILROAD OPERATING FACILITIESAre any railroad operating facilities affected by this project?
[ ] [ X ] 5. MATERIAL SITE(S)Are material sites required for this project?
[ ] [ X ] 6. DISPOSAL SITE(S)Are disposal sites that are not part of the contractor’s responsibility to remove excess material required for this project?
[ ] [ X ] 7. STATUS OF REQUIRED UTILITY RELOCATIONSIs relocation of utilities not in place under franchise required? (This does not include the relocation of utility facilities owned and operated by the sponsoring local public agency.)
[ ] [ X ] 8. RIGHT OF WAY CLEARANCEAre there improvements or obstructions located within the limits of this project?
[ ] [ X ] 9. AIRSPACE AGREEMENTSAre there airspace agreements within the limits of this project?
[ ] [ X ] 10. COMPLIANCE WITH RELOCATION ASSISTANCE PROGRAM REQUIREMENTSAre there displacements for this project?
[ ] [ X ] 11. COOPERATIVE AGREEMENTSAre there any cooperative agreements affecting the project?



[ ] [ X ] 12. ENVIRONMENTAL MITIGATION Are there environmental mitigation parcels required for this project? CERTIFICATION I hereby certify the right of way on this project as conforming to 23 CFR 635.309(G), which states in part; “The acquisition of right of way is not required for this project.” The project may be advertised with the contract award being made at any time.I understand Caltrans will not be performing a review of the PS&E at this time but that all documents relating to this project are subject to review by FHWA and/or Caltrans in order to verify this certification. I also understand that if deficiencies are found in any subsequent review, the following actions will be considered:1. Where minor deficiencies are found, the certification for future projects may be conditional or not accepted until the deficiencies are corrected.2. Where deficiencies are of such magnitude as to create doubt that the policies and objectives of Title 23 of the Code of Federal Regulations (or other applicable Federal and State laws) will not be accomplished by the project, Federal funding may be withdrawn.

LOCAL AGENCY CERTIFICATION CALTRANS ACCEPTANCE
CITY OF BRENTWOOD(OR)COUNTY OF I have not personally inspected the subject project not reviewed the PS&E package but I am aware of the scope of the project. I have reviewed the above “No Right of Way Certification” and I am satisfied with the form and content. Caltrans accepts this certification as proper in form and apparently complete in content. Caltrans also accepts this certification with the understanding that the local agency statement of compliance (above) has not been confirmed by Caltrans.
By: By:
JON ELAMTitle: CITY MANAGER Title:
Date: Date:


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