RES-2010-046RESOLUTION NO. 2010- 0 4 6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AUTHORIZING THE DIRECTOR OF
PUBLIC WORKS TO PROTEST OR WAIVE THE CITY'S
RIGHT TO PROTEST THE STATE DEPARTMENT OF
TRANSPORTATION'S WRITTEN NOTICE OF ITS
INTENT TO RELINQUISH CERTAIN HIGHWAYS, CITY
STREETS, FRONTAGE ROADS AND OTHER LOCAL
ROADS
WHEREAS, the City of Anaheim (the "City ") and the State of California, acting by
and through the Department of Transportation ( "Caltrans "), entered into a Freeway Agreement on
November 9, 1992 (and subsequently amended on July 9, 1996), wherein the City agreed to the
closure, relocation and reconstruction of certain state highways, City streets, frontage roads and other
local roads (collectively "City Streets ") and wherein Caltrans agreed to acquire the necessary rights -
of -way and to relocate and/or reconstruct certain City Streets (the "Freeway.Agreement "); and
WHEREAS, the State of California (the "State ") possesses real property interests in
those portions of City Streets subject of the Freeway Agreement; and
WHEREAS, pursuant to the Freeway Agreement, Caltrans wishes to relinquish the
State's right, title and interest in and to those City Streets which have been previously approved by
City staff under the provisions of Section 73 of the Streets and Highways Code; and
WHEREAS, Section 73 of the Streets and Highways Code requires that the State
notify any city to whom the State intends to relinquish a highway of its intent to do so not less than
ninety (90) days before recordation of such relinquishment; and
WHEREAS, Section 73 of the Streets and Highway Code further states that within
the ninety (90) day period, the City Council may protest in writing to Caltrans providing the reasons
for protesting the relinquishment, including but not limited to, objections that the highway is not in
a state of good repair, or is not needed for public use and should be vacated; and
WHEREAS, the City Council desires to delegate the authority to protest or waive the
right to protest, within ninety (90) days, the relinquishment of those certain City Streets under Section
73 of the Streets and Highways Code to the Director of Public Works.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim
that the Director of Public Works is hereby authorized, in his or her discretion, to protest or waive the
right to protest the relinquishment of certain City Streets pursuant to Section 73 of the Streets and
Highways Code.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City
of Anaheim this 4th day of May , 2010, by the following roll -call vote:
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Kring
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
CITY OF AHEIM
MAYOR OF THE CITY A EIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
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