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SR-02-26-2013-3EReference Agreement No. 9711 (CCS) City Council Meeting: February 26, 2013 Agenda Item: 3—F To: Mayor and City Council From: Martin Pastucha, Director of Public Works Subject: California Department of Transportation (Caltrans) Agreement for Maintenance of Landscape Area within State Highway Right -of -way Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute an agreement with Caltrans for the maintenance of landscape areas within the State Highway right -of -way located above the McClure Tunnel at the intersection of Ocean Avenue and Colorado Boulevard. Executive Summary The State requires that a new landscape maintenance agreement be executed for work associated with the Palisades Garden Walk construction project located within the State right -of -way at the southeast corner of Ocean Avenue and Colorado Boulevard. The maintenance agreement requires the City assume responsibility and liability for the irrigation and maintenance of new landscape. -- Background In July 1966, the City adopted Resolution 3464 and entered into a Local Agency -State Freeway Maintenance Agreement for maintenance of roadways and sidewalks at various locations throughout the City. The agreement requires the City to maintain roadway surfaces and sidewalks located above the bridge deck on overpasses throughout the City. In August 1977, the City adopted Resolution 4784 modifying an existing freeway maintenance agreement between the City and the State for additional locations in the City. Discussion In December of 2012, the City received comments from the State as part of an encroachment permit application for work associated with Palisades Garden Walk in the E State right -of -way located above the McClure Tunnel at the intersection of Ocean Avenue and Colorado Boulevard. The State requires a new landscape maintenance agreement be executed for the new landscaping, green screen, and seat walls being constructed. The maintenance agreement requires that the City assume responsibility and liability for the irrigation and on -going maintenance of the new landscape features. The on -going maintenance and upkeep of the work within State right -of -way will be included in the overall maintenance program for the new park. Financial Impacts & Budget Actions There is no additional budget or financial impact associated with this recommendation. Ongoing maintenance of the area associated with the landscape maintenance agreement will be included in the planned maintenance of the new park. Prepared by: Christopher Lamm, CIP Project Manager Approved: Forwarded to Council: Martin Pastucha Director of Public Works 2 Rod Gould City Manager