REPORT TO COUNCIL
SUBJECT
Title
Resolution Granting City Right of Way to the State of California for Use in the Mathilda Avenue/Highway 101/State Route 237 Interchange Project and Authorizing the City Manager to Execute Quitclaim Deeds, a Common Use Agreement, and Associated Documents Necessary to Complete the Right of Way Grant
Report
BACKGROUND
The City partnered with Caltrans and Valley Transportation Authority to address traffic issues along the Mathilda Avenue corridor in the vicinity of US101 and SR237 (“the Mathilda interchange project”). For years before the Mathilda interchange project, the City regularly received concerns from the public regarding congestion and operation of the interchanges due to the close spacing of the 4 intersections (Ross Drive, EB237 Ramps, WB237 Ramps, and Moffett Park Drive). A project was developed, and a solution was identified to simplify and reduce the number of intersections along the corridor. The WB237 off-ramp was realigned further north to align with the West Moffett Park Drive intersection and East Moffett Park Drive was terminated at Borregas Avenue. The project was completed in 2020 and allowed for more efficient and safer operations for motorists, bicyclists and pedestrians. The action requested in this report will allow the City and the State to complete necessary administrative documentation for certain portions of the right of way associated with the project.
EXISTING POLICY
California Streets and Highways Code Section 83 permits the State to obtain road right of ways from counties and cities when required for State highway projects without compensation.
ENVIRONMENTAL REVIEW
In January 2017, the California Department of Transportation (Caltrans), as Lead Agency under the California Environmental Quality Act (CEQA), in cooperation with the Santa Clara Valley Transportation Authority (VTA) and the City of Sunnyvale (City), prepared a Final Environmental Impact Report (EIR) (SCH#2015082030) for the Mathilda Avenue Improvements at State Route (SR) 237 and U.S. Highway 101 (US 101) Project (Project).
DISCUSSION
As part of VTA’s interchange improvements at Mathilda Avenue at US101 and SR237, Moffett Park Drive was terminated at Borregas Avenue so the southbound SR 237 off-ramp could be realigned further north to increase queuing distances and reduce vehicular conflicts along Mathilda Avenue in the interchange area. Subsequent to completion of construction of the Mathilda Interchange project, VTA and Caltrans have completed a few minor projects not included in the main project, such as landscaping the interchange. Addressing the right of way is the last item needing to be completed. Since Caltrans has policies requiring that they own rights of way leading to the interchange, staff has been working with VTA and Caltrans staff on quitclaiming a section of Mathilda Avenue approximately 150 feet north of the southbound SR237 off-ramp. The attached aerial photo in Attachment 1 shows the area being quitclaimed due to the realignment of the Westbound SR237 off-ramp. Quitclaiming the land in the vicinity of the interchange will allow Caltrans to better manage the operations of the interchange and ensure any work or changes in the area do not impact the safety of users of the transportation system. Since the City holds some of the land though a public utility easement, a Consent to Common Use Agreement will also be executed to protect both the City’s and State’s rights.
FISCAL IMPACT
There is no fiscal impact from this action.
PUBLIC CONTACT
Public contact was made by posting the Council meeting agenda on the City's official-notice bulletin board at City Hall, at the Sunnyvale Public Library and in the Department of Public Safety Lobby. In addition, the agenda and this report are available at the City Hall reception desk located on the first floor of City Hall at 456 W. Olive Ave. (during normal business hours), and on the City's website.
RECOMMENDATION
Recommendation
Adopt a Resolution Granting City Right of Way to the State of California for Use in the Mathilda Avenue/Highway 101/State Route 237 Interchange Project and authorizing the City Manager to execute quitclaim deeds and a Common Use Agreement in substantially the forms attached to the report and associated documents necessary to complete the right of way grant.
Levine Act
LEVINE ACT
The Levine Act (Gov. Code Section 84308) prohibits city officials from participating in certain decisions regarding licenses, permits and other entitlements for use if the official has received a campaign contribution of more than $500 from a party, participant, or agent of a party or participant in the previous 12 months. The Levine Act is intended to prevent financial influence on decisions that affect specific, identifiable persons or participants. For more information see the Fair Political Practices Commission website: www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html
An “X” in the checklist below indicates that the action being considered falls under a Levine Act category or exemption:
SUBJECT TO THE LEVINE ACT
___ Land development entitlements
___ Other permit, license, or entitlement for use
___ Contract or franchise
EXEMPT FROM THE LEVINE ACT
___ Competitively bid contract*
___ Labor or personal employment contract
___ Contract under $50,000 or non-fiscal
_X_ Contract between public agencies
___ General policy and legislative actions
* "Competitively bid" means a contract that must be awarded to the lowest responsive and responsible bidder.
Staff
Prepared by: Dennis Ng, Assistant Director, Public Works
Prepared by: Sherine Nafie, City Property Administrator
Reviewed by: Chip Taylor, Director, Public Works
Reviewed by: Sarah Johnson-Rios, Assistant City Manager
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. Aerial Photo
2. Quitclaim Deed
3. Consent to Common Use Agreement
4. Resolution