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Agenda Item 12.

City Council Meeting

Meeting Date:	08/01/2017
FROM:	Bill Gallardo

Subject:

Traffic Signal Modification on Imperial Highway at Imperial Center East and Brea Union Plaza

RECOMMENDATION

Authorize City Engineer to accept and execute Permanent Traffic Signal Easements from Brea Union Plaza I, LLC and Brea Union Plaza II, LLC ("BUP Easements"); and
Authorize City Engineer to sign the Commitment Letter concurring to transfer the BUP Easements and two existing City Easements ("City Easements") to the State of California Transportation Department ("Caltrans"); and
Authorize City Engineer to execute the Quit Claim easement documents for the BUP Easements and City Easements to Caltrans upon completion of the signal improvements.

BACKGROUND/DISCUSSION

On March 24, 2015, the Planning Commission approved Resolution PC 2015-03 for the expansion of Imperial Center East ("ICE") located at 2500 E. Imperial Hwy. As a condition of approval for this development project, ICE Holding, LLC ("property owner") is required to modify the most westerly traffic signal on the property by providing a dual left turn from the shopping center onto the westbound Imperial Hwy. Since Imperial Hwy. is a State Route (SR 90), the property owner is required to obtain approval from the State of California Department of Transportation ("Caltrans") and obtain an encroachment permit. Refer to Exhibit 'A' for the project location.

The property owner has been working with Caltrans on obtaining the required encroachment permit to complete the proposed traffic signal modification work. However, due to updated ADA Ramp design requirements, the proposed traffic signal poles located on the north side of the intersection will be constructed outside of the existing City traffic signal easement and into the Brea Union Plaza ("BUP") properties. Therefore, two (2) new traffic signal easements are needed for the proposed construction. Furthermore, through the encroachment permit plan review process, Caltrans requested that the existing City traffic signal easements located at the entrance of the BUP and ICE properties be transferred to Caltrans from the City. This transfer was not done subsequent to the completion of the traffic signals at this intersection in the early 90's. Refer to Exhibit 'B' for the location of the existing traffic signal easements and the new traffic signal easements.

The property owner of ICE is currently working with the property owners of BUP (Brea Union Plaza I and Brea Union Plaza II) to obtain the new traffic signal easements in order to modify the existing signal at this location. These new easements will be conveyed directly to the City from BUP property owners. Refer to Exhibit 'C' - Permanent Traffic Signal Easements.

Caltrans is requesting a letter from the City concurring to transfer the aforementioned Easements to Caltrans prior to start of the property owner's construction. This will allow the property owner to obtain the required encroachment permit from Caltrans to construct the new signal and intersection improvements. Refer to Exhibit 'D' for the sample letter. Pursuant to the commitment letter, these easements will be transferred to Caltrans for the operation and maintenance of the signals upon completion of the construction. Refer to Exhibit 'E' for the sample easement transferring documents.

FISCAL IMPACT/SUMMARY

The cost associated with this action is borne by the property owner through a Development Services (cash) account, which is currently up to date. Therefore, there is no fiscal impact to the General Fund.

The existing traffic signal located on Imperial Hwy at ICE and BUP is proposed to be modified in order to install a dual left turn lane out of ICE as a required condition under Resolution PC 2015-03, which requires an encroachment permit from Caltrans to construct. In order for ICE to obtain an encroachment permit from Caltrans and to construct the required improvements, Caltrans has requested that two new and two existing City easements be conveyed to Caltrans upon the completion of the proposed work. In addition, Caltrans requested City to provide a letter committing to the transfer of these easements in order for the property owner to obtain an encroachment permit prior to the start of the work.

Therefore, in an effort to assist the property owner to comply with the condition of approval, staff is requesting the City Council authorize the City Engineer to:

Accept/Execute the proposed traffic signal easements from Brea Plaza I and Brea Plaza II upon receipt of the signed documents from the property owners. The Permanent Traffic Signal Easement documents attached herein as Exhibit 'C' are being considered by the property owners and have been approved as to form by the City Attorney.
Sign the commitment letter to Caltrans concurring to transferring the Easements. A sample of this letter is attached hereon as Exhibit 'D'. The final letter will be reviewed and approved as to form by the City Attorney.
Transfer the existing and new traffic signal easements to Caltrans when the construction is completed. The sample transfer documents including the legal and plats of the easement areas are attached herein as Exhibit 'E'. The final transferring documents will be reviewed and approved by Caltrans and the City Attorney.

RESPECTFULLY SUBMITTED:

William Gallardo, City Manager
Prepared by: Hsing Chao, Associate Engineer
Concurrence: Steve Kooyman, P.E., City Engineer

Attachments
Exhibit 'A' - Project Location
Exhibit 'B' - Easement Locations
Exhibit 'C' - Permanent Traffic Signal Easements
Exhibit 'D' - Letter to Caltrans
Exhibit 'E' - Easement Transfer Documents