2024/09/10 City Council Resolution 2024-076 RESOLUTION NO. 2024-076
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING THE EXECUTION OF AMENDMENT NO. 1 TO THE FREEWAY
MAINTENANCE AGREEMENT WITH THE STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION TO ADD BICYCLE PATHS, LANES, AND
CYCLE TRACKS TO THE AGREEMENT
WHEREAS, improving the flow of traffic within the City is a high priority for the
community and City; and;
WHEREAS, City staff has been working on a Rohnert Park Expressway restriping plan
to increase roadway capacity and to alleviate vehicle congestion for west-bound Rohnert Park
Expressway up to and over Highway 101; and
WHEREAS, the existing Rohnert Park Expressway Freeway Maintenance Agreement
with the California Department of Transportation ("Caltrans") does not include a provision for
bicycle facility maintenance; and
WHEREAS, execution of the proposed Amendment No. 1 would allow the City to
maintain and repair bicycle facilities within Caltrans rights-of-way without having to first secure
encroachment permits for the work.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve Amendment No. 1 to the Expressway Freeway
Maintenance Agreement with Caltrans.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and
directed to execute all necessary documents pertaining to same for and on behalf of the City of
Rohnert Park.
DULY AND REGULARLY ADOPTED this 10 day of September, 2024.
CIT F NERT PARK
ATTEST: Susan H. Adams, Mayor
Sylvia Lop , ity Clerk
P OV S T ORM:
Michelle . Ke , City Attorney
Attachments: Exhibit A
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AMENDMENT NO. 1
TO
FREEWAY MAINTENANCE AGREEMENT
IN THE CITY OF ROHNERT PARK
This Amendment No. 1 to the Freeway Maintenance Agreement in the
City of Rohnert Park is made and entered into by and between STATE of
California, acting by and through the Department of Transportation,
hereinafter referred to as “STATE”, and City of Rohnert Park, hereinafter
referred to as “CITY” and collectively referred to as “PARTIES”.
WITNESSETH:
WHEREAS, a Freeway Maintenance Agreement in the City of Rohnert
Park”, hereinafter referred to as “AGREEMENT”, was executed by CITY on
August 21st, 2000; and
WHEREAS, AGREEMENT by its terms provides that it may be amended or
terminated at any time upon mutual consent of PARTIES; and
WHEREAS, CITY desires to maintain improvements to be constructed
under a STATE issued Encroachment Permit No. 0424-N-RP-0433 on Route 101
at Rohnert Park Expressway overcrossing in the City of Rohnert Park, consisting
of re-striping and adding bike lanes, etc; and
WHEREAS, PARTIES hereto now desire that AGREEMENT be amended.
NOW, THEREFORE, PARTIES agree to add “BICYLCLE PATHS, LANES, AND
CYCLE TRACKS “article below to AGREEMENT and shall become a part of
AGREEMENT for all purposes.
1. BICYCLE PATHS, LANES, AND CYCLE TRACKS constructed as permitted
encroachments within STATE’s right of way, CITY is solely responsible for
all permitted improvements, including but not limited to the
delineation, fencing, guard railing, drainage facilities, slope and
structural adequacy. CITY will maintain, at CITY expense, a safe facility
for bicycle travel along the entire length of the path/lane/cycle track
by providing sweeping and debris removal when necessary; and all
signing and striping, and pavement markings required for the direction
and operation of that non-motorized facility.
TERM OF AGREEMENT AMENDMENT - This Amendment shall become effective
on the date as shown below and shall remain in full force and effect until
amended or terminated at any time upon mutual consent of PARTIES or until
terminated by STATE for cause.
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PARTIES are empowered by Streets and Highways Code section 114 and 130
to enter into this Amendment and have delegated to the undersigned the
authority to execute this Amendment on behalf of the respective agencies
and covenants to have followed all the necessary legal requirements to
validly execute this Amendment.
IN WITNESS WHEREOF, PARTIES hereto have set their hands and seals the day
and year first above written.
CITY OF ROHNERT PARK
STATE OF CALIFORNIA DEPARTMENT
OF TRANSPORTATION
By:_________________________
CITY Manager
ATTEST;
By:_________________________________
_____________________________ LEAH BUDU Date
CITY Clerk Deputy District Director
Maintenance District 4
_____________________________
CITY Attorney