TO: Karen P. Brust, City n r - ~~

2/4/2014 012 TO: Karen P. Brust, City n r - ~~ FROM: Keith Vaner Maaten, P.., Public Works and Utilities irectorca ~ f Prepared by: George(},Aivarez, P.E, T.E., City EngineerrrtJfic Engineer.J;I-Q/ ATE: February 4, 2014 SUBJECT: Consideration to Adopt a Resolution to Execute the Right-of-Way Certification for the Safe Routes to School Project # SRTSL - 5372 (013) on Via Positiva and Camino el Avian; and elegate Authority for the Mayor to Sign the Interim Short Form Right-of-Way Certification for Local Assistance Project (CIP 081 03) RECOMMENATION: By motion, 1) Adopt a Resolution to execute the Right-of-Way Certification for the Safe Routes to School Project# SRTSL- 5372 (013); and,. 2) Authorize the Mayor to sign the Interim Short Form Right-of-Way Local Assistance Project. EXECUTIVE SUMMARY: The City received approval for a Federal Safe Routes to School grant totaling $253,000 for sidewalk and crossing improvements to and from Kinoshita Elementary School, el Obispo Elementary School and Marco Forster Middle School (CIP 081 03). The project will construct a sidewalk on the north side of Via Positiva within the City's Right-of-Way and install a solar-powered in-pavement crosswalk lighting system and speed display warning signs on Camino el Avian, also within the City's Right-of-Way. The City has acquired all necessary Right-of-Way for this project. As a requirement for receiving federal funding for construction, projects administered through the California epartment of Transportation must adhere to the Local Assistance Procedure Manual. The Local Assistance Procedure Manual requires agencies to secure a Right-of-Way Certification for every project. When the City executes the document, the City is certifying that it has obtained legal and physical possession of all properties located within the limits of the projects. The document also includes written statements on Right-of-Way summarizing the status of all related Rightof-Way matters with respect to the proposed project. Adoption of the Resolution

City Council Agenda Report February 4, 2014 Page 2 of 2 (Attachment 2) will enable the Mayor to sign the Interim Short Form Right-of-Way Certification for Local Assistance Project (Attachment 1 ). ISCUSSION/ANALYSIS: The federal Safe Routes to School grants needs a Right-of-way Certification to be submitted to Caltrans. Once Caltrans receives this certification, staff will be able to submit a Request for Authorization to proceed with Construction to Caltrans. It is anticipated the City will receive this authorization within six weeks and be able to advertise for bids in April 2014, for the Safe Routes to School Projects on Via Positiva and Camino el Avian. The project will construct a five-foot sidewalk on the north side of Via Positiva west of Alipaz Street. This will eliminate the need for students (who live to the north) to cross Via Positiva twice to arrive at their school. The project will also install a solar-powered in-pavement crosswalk lighting system at the intersection of Ca!'ino el Avian and Avenida escanco and speed display warning signs on Camino el Avian east and west of Avenida escanco. This is a heavily used marked crosswalk with a crossing guard assigned to it (Attachment 3). These traffic devices will enhance pedestrian safety along Camino el Avian. FISCAL IMPACT: There is no fiscal impact to delegating authority of Right-of-Way Certification for the Safe Routes to School Projects # SRTSL- 5372 (013) to the Mayor. ENVIRONMENTAL IMPACT: Not applicable. PRIOR CITY COUNCIL REVIEW: Not applicable. COMMISSION/COMMITIEE/BOAR REVIEW AN RECOMMENATIONS: Not applicable. NOTIFICATION: Not applicable. ATIACHMENT(S): Attachment 1 -Interim Short Form Right-of-Way Certification for Local Assistance Project Attachment 2 - Resolution Attachment 3 - Project Location Map

Local Assistance Procedures Manual INTERIM EXHIBIT 13-A INTERIM EXHIBIT 13-A SHORT FORM RIGHT OF WAY CERTIFICATION FOR LOCAL ASSISTANCE PROJECT (Off-State Highway System Project Using Fedreral Funds) CITY OF SAN JUAN CAPISTRANO Please Note: This form is intended for projects that do NOT require R/W acquisition, relocation assistance, have NO railroad involvement, and the ONLY utility relocation involvement is limited to utility cover adjustments. For each item below, Select the ONE option most suitable to your project. If the chosen option directs you to use INTERIM EXHIBIT 13-B, please stop. This Short Form is not applicable to your project. RIGHT OF WAY CERTIFICATION No. 1 PROJECT: SRTSL-5372 (013) Federal Program Via Positivia and Camino el Avion, City of San Juan Capistrano Project Location Install sidewalk and crossing improvements on Via Positiva and install solar-powered inpavement crosswalk lighting system and speed display signs on Camino el A vi on. General escription 1. STATUS OF REQUIRE PROPERTY RIGHTS: ~ No acquisition of right of way-is required. All proposed work is within existing right of way. Right of way has been acquired in accordance with applicable policy and procedure covering the acquisition of real property. LPA has legal and physical possession, right to enter, and required permits. If this box is checked, please use INTERIM 2. STATUS OF AFFECTE OPERATING RAILROA FACILITIES: ~ None affected. The Railroad has approved the proposed work, which is within their right of way but does not require the adjustment of railroad facilities. The necessary clauses will be placed in the contract special provisions. If this box is checked, please use INTERIM EXHIBIT 3B. The Railroad (and when needed, the Public Utilities Commission) has approved the proposed work, which is within the railroad right of way and does require the adjustment 0 of railroad facilities. The railroad, or its contract forces, will provide the necessary labor, materials and/or equipment to adjust their facilities. The necessary clauses will be placed in the contract special provisions. If this box is checked, please use INTERIM 3. MATERIAL SITE(S): [gj None required. 0 Material site(s) required. If this box is checked, please use INTERIM 4. ISPOSAL SITE(S): ATTACHMENT 1

INTERIM EXHIBIT 13-A Local Assistance Procedures Manual [g] None required. isposal site(s) required. If this box is checked, please use INTERIM 5. STATUS OF REQUIRE UTILITY RELOCATIONS (Check all that apply) [g] No relocation required. Existing utilities located within project limits are shown on Project Plan Utility involvement is limited to adjusting UTILITY COVERS (manhole cover, water valve cover, and box lids) to grade. If this box is checked, please complete page 4 of this form entitled "Utility Cover Adjustment Summary". Utility work does NOT meet Buy America requirements. If this box is checked, please use INTERIM All utility work is compliant with all terms and conditions under MAP-21 including Buy America requirements. Project is not covered by NEPA document and Buy America requirements do not apply. All utility work (other than the adjustment of utility covers) has been completed. If this box is checked, please use INTERIM All utility work (other than the adjustment of utility covers) will be completed by a stated date prior to award of the contract. If this box is checked, please use INTERIM All necessary arrangements have been made for the completion of all remaining utility work (other than the adjustment of utility covers ) required to be coordinated with project construction. Arrangements have been made with the owners of all utility encroachments which will remain within the right of way of the project so that adequate control of the right of way will be achieved. If this box is checked, please use INTERIM Utility facilities (other than the adjustment of utility covers) will be relocated by Project's Contractor under bid items. If this box is checked, please use INTERIM EXHIBIT 13-B. 6. RIGHT OF WAY CLEARANCE [g] There are no improvements or obstructions located within the limits of this project All right of way clearance work has been completed and there are no improvements or obstructions remaining within the right of way area required for construction. If this box is checked, please use INTERIM All necessary arrangements have been made for remaining right of way clearance work to be undertaken and completed as required for proper coordination with the construction schedule. If this box is checked, please use INTERIM 7. AIRSPACEAGREEMENTS [g] There are no airspace lease properties within the limits of this project. All necessary arrangements have been made with airspace lessee(s) and/or in Contract Provisions to minimize conflicts between lessee's activities and contractor's operations. If this box is checked, please use INTERIM Airspace lease has been cancelled. If this box is checked, please use INTERIM Other: (If this box is checked, please use INTERIM EXHIBIT 13-B) Page 2 of5 May 1, 2013

Local Assistance Procedures Manual INTERIM EXHIBIT 13-A 8. COMPLIANCE WITH RELOCATION ASSISTANCE PROGRAM REQUIREMENTS [gj 0 0 Compliance was not required as there were no displacements for this project. Occupants who have not yet moved from the right of way will be protected against unnecessary inconvenience and disproportionate injury or any action coercive in nature. If this box is checked, please use INTERIM LPA has complied with all the steps relative to relocation advisory assistance and payments as required by applicable policy and procedure, and no person has been required to relocate without at least 90 days' written notice. If residential relocation was involved, all individuals and/or families have been relocated to decent, safe and sanitary housing, or the LPA has made replacement housing available to the displacees. If this box is checked, please use INTERIM 9. COOPERATIVE AGREEMENTS [ZJ None Required. 0 Agency Agreement No. (If checked, please attach a copy) 10. ENVIRONMENTAL MITIGATION [ZJ No environmental mitigation parcels are required for this project 0 All environmental mitigation parcels on this project have been acquired If this box is checked, please use INTERIM 0 Acquisition of environmental mitigation parcels is ongoing. If this box is checked, please use INTERIM 11. CERTIFICATION I hereby certify the Right of Way on this project as conforming to 23 CFR 635.309(C)(l) and all terms and conditions under MAP-21, including Buy America requirements. The project may be advertised with contract award being made at any time. Page 3 of5 May 1, 2013

INTERIM EXHIBIT 13-A Local Assistance Procedures Manual 12. INEMNIFICATION BY LOCAL AGENCY This Local Public Agency agrees to indemnify, defend, and hold harmless the epartment of Transportation (Caltrans) from any and all liabilities which may result in the event the right of way for this project is not clear as certified. LP A shall pay from its own non-matching funds, any costs which arise out of delays to the construction of the project because utility facilities have not been removed or relocated, or because rights of way have not been made available to LPA for the orderly performance of the project work. LOCAL PUBLIC AGENCY By: Title: Mayor ate: Authorized by Resolution No. ated: February 4, 2014 CALTRANSACCEPTANCE The undersigned Caltrans Official has reviewed this Right of Way Certification as to form and content. Based on the review of the documents submitted, the Certificate is accepted on behalf of the local public agency. It remains the sole responsibility of the local public agency to ensure compliance with the Federal Uniform Act. Accepted as to form and content: By: Title: ate: istribution: I) Local agency completes this form, signs and sends it to the LAE. 2) LAE sends a copy to istrict Right of Way Local Program Coordinator, keeps a copy for his/her files, and sends the signed original back to the local agency. Page 4 of5 May 1, 2013

Local Assistance Procedures Manual INTERIM EXHIBIT 13-A UTILITIY COVER AJUSTMENT SUMMARY Items to be disclosed on this summary include: Covers of utility facilities, either publicly owned (by City/County and other public agencies, including this project sponsoring agency) or privately owned that services the general population. Utility covers of facility that directly services the street/roadway operation (such as electric pull box which services streetlight, traffic signals) do not require disclosure on this form. a) PHYSICAL COVER AJUSTMENTS PERFORME BY OWNER (MS Word format: Tab from the last cell to add additional row) Notice# Notice ate Owner Liability% Type of Owner I Facility LPA Encroachment Permit# Federal Participation Yes (Y)* No (N) b) UTILITY COVER AJUSTMENTS WILL BE PERFORME BY PROJECT CONTRACTOR (MS Word format: Tabfrom the last cell to add additional row Bid Item# Notice# Notice ate Owner Liability% Type of Federal Owner I Facility Participation LPA Yes (Y) No (N) c) FEERAL PARTICIPATION Yes Yes No No The adjustments comply with the 23 CFR 645.119 and the RW Utility Relocation process in Chapter 14 ofthe Local Assistance Procedures Manual (LAPM) These adjustments are required as the direct results of the proposed construction activities and the local agency is legally liable to pay for the adjustment Yes No Project has received Federal Authorization to Proceed (E-76) for R W Utility Relocation Yes No Adjustments specified for Federal participation have received FHW A Specific Authorization (Exhibit 14-C, LAPM) approval? Note: Any adjustments not meeting the above requirements do not qualify for Federal participation. Page 5 ofs May 1, 2013

RESOLUTION NO. 14-02-04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, TO EXECUTE THE RIGHT -OF-WAY CERTIFICATION FOR THE SAFE ROUTES TO SCHOOL PROJECT# SRTSL- 5372 (013) (CIP 08103) WHEREAS, the City of San Juan Capistrano received approval for a Federal Safe Routes to School (SRTS) grant totaling $253,000 for sidewalk and crossing improvements; and WHEREAS, as a requirement for rece1v1ng federal funding for projects administered by the California epartment of Transportation, the City must certify that it has obtained legal and physical possession of all properties located within the limits of the projects in accordance with Local Assistance Procedure Manual; and WHEREAS, as part of the requirement for receiving federal funding in regard to such projects, the City is required to provide written statements on Right-of-Way summarizing the status of all Right-of-Way related matters with respect to the proposed project; and submit the certification of rights of way to Caltrans; and WHEREAS, the City certifies that it has obtained legal and physical possession of all properties located within the limits of the project in accordance with the Local Assistance Procedure Manual. NOW, THEREFORE, BE IT RESOLVE, that the City Council of the City of San Juan Capistrano hereby authorize and direct the Mayor to act on the City's behalf and to sign the Right-of-Way Certification for the SRTSL-5372(013) Project (CIP 08103). PASSE, APPROVE, AN AOPTE this 4 1 h day of February 2014. ATTEST: SAM ALLEVATO, MAYOR MARIA MORRIS, CITY CLERK ATTACHMENT 2

t N I Proposed Sidewalk on the North Side of Roadway Proposed In-Pavement Crosswalk Lighting Attachment 3