California Legislature—2015–16 Regular Session

Assembly BillNo. 218


Introduced by Assembly Member Melendez

February 2, 2015


An act to amend Section 374 of the Streets and Highways Code, relating to state highways.

LEGISLATIVE COUNSEL’S DIGEST

AB 218, as introduced, Melendez. State Highway Route 74.

Existing law provides that the Department of Transportation has full possession and control of all state highways. Existing law describes the authorized routes in the state highway system and establishes a process for adoption of a highway on an authorized route by the California Transportation Commission. Existing law authorizes the commission to relinquish certain state highway segments to local agencies.

This bill would authorize the commission to relinquish to the County of Riverside that portion of State Highway Route 74 located in the unincorporated area east of the City of Lake Elsinore and west of the City of Perris under specified conditions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

Section 374 of the Streets and Highways Code
2 is amended to read:

3

374.  

(a) Route 74 is from:

4(1) Route 5 near San Juan Capistrano to Route 15 near Lake
5Elsinore.

P2    1(2) Route 15 near Lake Elsinore to Route 215 near Perris.

2(3) Route 215 near Perris to the southern city limit of Palm
3Desert.

4(b) The relinquished former portions of Route 74 within the
5Cities of Palm Desert and Perris are not state highways and are
6not eligible for adoption under Section 81. For the former portions
7of Route 74 relinquished under this subdivision, the Cities of Palm
8Desert and Perris shall maintain within their respective jurisdictions
9signs directing motorists to the continuation of Route 74 and shall
10ensure the continuity of traffic flow on the relinquished portions
11of Route 74, including any traffic signal progression.

12(c) (1) The commission may relinquish to the City of Lake
13Elsinore the portion of Route 74 located within the city limits of
14that city, upon terms and conditions the commission finds to be
15in the best interests of the state.

16(2) Any relinquishment agreement shall require that the City of
17Lake Elsinore administer the operation and maintenance of the
18highway in a manner consistent with professional traffic
19engineering standards.

20(3) Any relinquishment agreement shall require the City of Lake
21Elsinore to ensure that appropriate traffic studies or analyses will
22be performed to substantiate any decisions affecting the highway.

23(4) Any relinquishment agreement shall also require the City
24of Lake Elsinore to provide for public notice and the consideration
25of public input on the proximate effects of any proposed decision
26on traffic flow, residences, or businesses, other than a decision on
27routine maintenance.

28(5) Notwithstanding any of its other terms, any relinquishment
29agreement shall require the City of Lake Elsinore to indemnify
30and hold the department harmless from any liability for any claims
31made or damages suffered by any person, including a public entity,
32as a result of any decision made or action taken by the City of Lake
33Elsinore, its officers, employees, contractors, or agents, with
34respect to the design, maintenance, construction, or operation of
35that portion of Route 74 that is to be relinquished to the city.

36(6) A relinquishment under this subdivision shall become
37effective immediately after the county recorder records the
38relinquishment resolution that contains the commission’s approval
39of the terms and conditions of the relinquishment.

P3    1(7) On and after the effective date of the relinquishment, both
2of the following shall occur:

3(A) The portion of Route 74 relinquished under this subdivision
4shall cease to be a state highway.

5(B) The portion of Route 74 relinquished under this subdivision
6may not be considered for future adoption under Section 81.

7(8) The City of Lake Elsinore shall ensure the continuity of
8traffic flow on the portion of Route 74 relinquished under this
9subdivision, including any traffic signal progression.

10(9) For portions of Route 74 relinquished under this subdivision,
11the City of Lake Elsinore shall maintain signs directing motorists
12to the continuation of Route 74.

13(d) (1) Notwithstanding subdivision (a), the commission may
14relinquish to the City of Hemet the portion ofbegin delete State Highwayend delete Route
1574 that is located within the city limits of the City of Hemet, upon
16terms and conditions the commission finds to be in the best
17interests of the state, if the department and the City of Hemet enter
18into an agreement providing for that relinquishment.

19(2) A relinquishment under this subdivision shall become
20effective immediately following the recordation by the county
21recorder of the relinquishment resolution containing the
22commission’s approval of the terms and conditions of the
23relinquishment.

24(3) On and after the effective date of the relinquishment, both
25of the following shall occur:

26(A) The portion ofbegin delete State Highwayend delete Route 74 relinquished under
27this subdivision shall cease to be a state highway.

28(B) The portion ofbegin delete State Highwayend delete Route 74 relinquished under
29this subdivision may not be considered for future adoption under
30Section 81.

31(4) The City of Hemet shall ensure the continuity of traffic flow
32on the portion ofbegin delete State Highwayend delete Route 74 relinquished under this
33subdivision, including any traffic signal progression.

34(5) For portions ofbegin delete State Highwayend delete Route 74 relinquished under
35this subdivision, the City of Hemet shall maintain signs directing
36motorists to the continuation ofbegin delete State Highwayend delete Route 74.

begin insert

37(e) (1) Notwithstanding subdivision (a), the commission may
38relinquish to the County of Riverside the portion of Route 74 that
39is located within the unincorporated area east of the City of Lake
40Elsinore and west of the City of Perris, upon terms and conditions
P4    1the commission finds to be in the best interests of the state, if the
2department and the County of Riverside enter into an agreement
3providing for that relinquishment.

end insert
begin insert

4(2) A relinquishment under this subdivision shall become
5effective immediately after the county recorder records the
6relinquishment resolution that contains the commission’s approval
7of the terms and conditions of the relinquishment.

end insert
begin insert

8(3) On and after the effective date of the relinquishment, both
9of the following shall occur:

end insert
begin insert

10(A) The portion of Route 74 relinquished under this subdivision
11shall cease to be a state highway.

end insert
begin insert

12(B) The portion of Route 74 relinquished under this subdivision
13may not be considered for future adoption under Section 81.

end insert
begin insert

14(4) For portions of Route 74 relinquished under this subdivision,
15the County of Riverside shall maintain signs directing motorists
16to the continuation of Route 74.

end insert


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