HomeMy WebLinkAboutMINUTES - 08162011 - C.04RECOMMENDATION(S):
APPROVE the Cooperative Agreement between the County, the State of California (State),
the State Route 4 (SR4) Bypass Authority, and the Cities of Antioch, Brentwood, and
Oakley for the adoption of the SR4 Bypass by the State and the relinquishment of existing
SR4 to the respective local agencies; and AUTHORIZE the Board Chair to execute the
Cooperative Agreement on behalf of the County substantially in the form attached to this
Board Order.
APPROVE the Freeway Agreement between the County and the State, which outlines the
relationship between the parties for the section of new SR4 within the unincorporated area
following the adoption of the SR4 Bypass by the State and its acceptance into the State
highway system; and AUTHORIZE the Public Works Director, or designee, to execute the
Freeway Agreement on behalf of the County.
WAIVE the requirement in Streets and Highways Code Section 73 that a 90-day written
notice of the State’s intention to relinquish existing SR4 be provided by the State to the
Board of Supervisors.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/16/2011 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Gayle B. Uilkema, District II Supervisor
Mary N. Piepho, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor
Contact: Chris Lau, 925.313.2293;
Nancy Wein, 925.313.2275
I hereby certify that this is a true and correct copy of an action taken and entered
on the minutes of the Board of Supervisors on the date shown.
ATTESTED: August 16, 2011
David Twa, County Administrator and Clerk of the Board of
Supervisors
By: Carrie Del Bonta, Deputy
cc: Jerry Fahy, Steve Kowalewski, Nancy Wein
C. 4
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:August 16, 2011
Contra
Costa
County
Subject:Approve Cooperative Agreement and Freeway Agreement for Adoption of SR4Bypass by State and
Relinquishment of Existing SR4
FISCAL IMPACT:
Under the Cooperative Agreement, either the State or the SR4 Bypass Authority will pay
$1,872,000 to the County once the Cooperative Agreement is executed to address any
pavement deficiencies on existing SR4.
BACKGROUND:
The State Route 4 (SR4) Bypass Authority, a joint powers agency composed of Contra
Costa County and the Cities of Antioch, Brentwood, and Oakley, has worked in
partnership with Caltrans since 1989 to implement the SR4 Bypass project. The purpose
of the project is to provide a new route for SR4 that bypasses the communities of
Antioch, Oakley, and Brentwood to alleviate traffic-related noise and congestion on local
streets, pursuant to the adopted General Plans for Antioch, Brentwood, and Contra Costa
County and the Caltrans adopted Route Concept Report for SR4. The SR4 Bypass, which
was constructed in stages between 2000 and 2010, presently consists of a 6-lane freeway
from the SR4/SR160 Interchange to the Laurel Road Interchange, a 4-lane freeway from
the Laurel Road Interchange to Lone Tree Way, and an expressway from Lone Tree Way
to the Marsh Creek Road/Vasco Road intersection south of Brentwood. The SR4 Bypass
than continues along Marsh Creek Road as a conventional highway back to existing SR4.
Now that the SR4 Bypass has been completed, it has been proposed that the SR4 Bypass
be adopted by the State as new SR4 and that existing SR4 from SR160 to Marsh Creek
Road be relinquished to Contra Costa County and the cities of Oakley and Brentwood.
The Cooperative Agreement between the State, the SR4 Bypass Authority, and the Local
Agencies (i.e., the County and the Cities) covers the terms under which the SR4 Bypass
will be adopted by the State and existing SR4 will be relinquished to the County, Oakley,
and Brentwood (see Attachment A). The agreement identifies the responsibilities of each
agency related to the adoption and relinquishment process.
Under the Cooperative Agreement, upon the adoption of the SR4 Bypass by the State,
the SR4 Bypass will become new SR4 (i.e., the highway location will be moved) and the
State will thereafter assume all responsibility for ownership and operation of the SR4
Bypass. Upon the relinquishment of existing SR4, the former highway will become a
local road and the County, Oakley, and Brentwood will thereafter assume all
responsibility for ownership and operation of existing SR4 within their respective
jurisdictions. As required by Streets and Highways Code Section 73, either the State or
the SR4 Bypass Authority will pay $1,872,000 to the County to cover the County’s
estimated expense of placing the former highway in a state of good repair.
Some minor terms of the Cooperative Agreement are still being reviewed by Caltrans
and negotiated by the parties. As soon as the Public Works Department is satisfied with
the final language of the Cooperative Agreement, the agreement will be presented to the
Board Chair for signature. Staff recommends that the Board approve the Cooperative
Agreement and authorize the Board Chair to execute the agreement on behalf of the
County in substantially the form attached to this Board Order (see Attachment A).
The Freeway Agreement between the County and Caltrans outlines the relationship
between the parties for the section of new SR4 within the unincorporated area once the
SR4 Bypass is transferred to the State and accepted into the State highway system. The
Freeway Agreement (see Attachment B) covers approximately 1,300 feet of roadway
within the unincorporated area just south of the Brentwood city limits. Staff recommends
that the Board approve the Freeway Agreement and authorize the Public Works Director,
or designee, to execute it on behalf of the County. Streets and Highways Code Section 73
normally requires the State to provide a 90-day written notice to the Board of Supervisors
of its intention to relinquish existing SR4, which notice the County may waive in its
discretion. Caltrans considers the relinquishment, transfer, and waiver of the 90-day
written notification to be categorically exempt pursuant to the California Environmental
Quality Act. The intent of the 90-day notice is to provide the local agency time to
determine if the existing pavement is in a state of good repair. The County has already
performed this assessment, which is addressed with the compensation described (see
Fiscal Impact). To avoid delaying the transfer of the SR4 Bypass and the relinquishment
of existing SR4, staff recommends that the Board waive the 90-day notice requirement.
Caltrans procedures require a formal action by the County to authorize the Board Chair
to execute the Cooperative Agreement on behalf of the County. This action is required
for the California Transportation Commission adoption of the SR4 Bypass as the new
SR4.
CONSEQUENCE OF NEGATIVE ACTION:
Failure to approve the agreements or to waive the 90-day notice would delay adoption of
the SR4 Bypass and the relinquishment of existing SR4 and may disrupt the process to
complete the transfer of highway location.
CHILDREN'S IMPACT STATEMENT:
None.
ATTACHMENTS
Attachment A Cooperative Agreement
Attachment B Freeway Agreement