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Home My WebLink About2002-014 . ~ '. 1 2 3 4 5 6 7 RESOLUTION NO. 2002-14 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A FREEWAY AGREEMENT AND A MEMORANDUM OF UNDERSTANDING WITH THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR THE RIGHT-OF-WAY ACQUISITION AND CONSTRUCTION OF THE STATE ROUTE 215 FREEWAY. WHEREAS, the construction of the State Route 215 Freeway through the City of San Bernardino is of utmost importance to both the City and CALTRANS. 8 9 10 reference, provides for the acquisition of rights-of-way necessary to construct said freeway WHEREAS, the Freeway Agreement, attached as Exhibit A and incorporated herein by 11 improvements as well as local road closures and detours as may be necessary to complete such 12 improvement at CALTRANS' expense. 13 14 15 WHEREAS, the Memorandum of Understanding, attached as Exhibit B and incorporated herein by reference, between CAL TRANS, and the City charts a course for further agency 16 cooperation in areas not covered by the Freeway Agreement, such as a contractor trainingloutreach program, public information program, enhanced relocation program, facility 17 18 acceptance, enhanced aesthetics, and others. 19 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 20 OF SAN BERNARDINO AS FOLLOWS: 21 The Mayor is hereby authorized and directed to execute said Freeway Agreement with CAL TRANS on behalf on the City; The Mayor is hereby authorized and directed to execute said Memorandum of Understanding with CAL TRANS on behalf of the City. ~. .' 2002-14 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 2 BERNARDINO APPROVING A FREEWAY AGREEMENT AND A MEMORANDUM OF UNDERSTANDING WITH THE STATE OF CALIFORNIA, DEPARTMENT OF 3 TRANSPORTATION (CALTRANS) FOR THE RIGHT-OF-WAY ACQUISITION AND 4 CONSTRUCTION OF THE STATE ROUTE 215 FREEWAY. 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 jt. Common Council of the City of San Bernardino at a ~meeting thereof, held on the 7ttday 7 8 9 of Jan, 2002, by the following vote, to wit: Council Members: 10 ESTRADA 11 LIEN 12 Me GINNIS 13 SCHNETZ 14 15 SUAREZ 16 ANDERSON 17 MC CAMMACK 18 19 20 21 22 AYES NAYS ABSTAIN ABSENT x x x x - x x x q~ .f7.~ The foregoing resolution is hereby approved this 23 24 Approved as to form and legal content: 25 26 JAMES F. PENMAN, City Attorney 27 BY:.!~ 7-~ 28 (j day of Januarv ,2002. . , -, 2002-14 EXHIBIT "B" MEMORANDUM OF UNDERSTANDING ROUTE 215 FREEWAY BETWEEN CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) AND CITY OF SAN BERNARDINO The intent of this Memorandum of Understanding (MOU) is to confirm basic features of the two Freeway Improvement Projects related to the Route 215 within the San Bernardino City limits, which have been the subject of discussion between the City, CAL TRANS, and San Bernardino Associated Governments (SANBAG), but that are not part of the Route 215 Freeway Agreements. I. Drainage: SANBAG, the City, and CALTRANS will cooperate on drainage improvements that will accommodate Freeway runoff; accommodate water quality requirements for storm drain runoff and where applicable outlet into City systems that adequately handle the runoff for the foreseeable future. 2. Soundwall Aesthetics: Soundwalls along Interstate 215 will be developed in concert with CAL TRANS and the City to complement the rest of the Interstate 215 corridor in San Bernardino. 3. General Aesthetics: CALTRANS supports and will cooperate with the City in efforts to seek additional funding for and incorporate enhanced aesthetic components (landscaping, welllstructure treatments on Interstate 215, etc.) into the project. 4. Construction StagiDl;/Traffic Handling: The City, CALTRANS, AND SANBAG, will work closely to minimize local impacts during construction up to and including the restoration of local streets used for construction staging or for detour routes of the related freeway construction. Affected local streets will be restored to prior conditions. 5. Utilities: CALTRANS will coordinate all utility relocations associated with the freeway projects with the various responsible entities and the City will be kept informed. 6. Communication Plan: CALTRANS will provide a communication plan to the City. The plan will include the procedures and medium of notification for all appropriate personnel to be notified regarding construction related issues. The plan will define , .> 2002-14 EXHIBIT "B" such key areas as personnel contact list, emergency contacts and procedures, communication and notification responsibilities, detour notification, and public interface. Public information meetings will be conducted as needed prior to any construction activities. CAL TRANS and the City will work closely on meeting content, location, and timing. A telephone number will be provided for the public to obtain project updates and ask project-related questions. 7. Contractor Outreach: CAL TRANS and the City will partIcIpate as appropriate in outreach activities to Small Business Enterprises and Disadvantaged Businesses in an effort to provide information regarding contracting opportunities. 8. Relinquishment: Newly constructed improvements to be relinquished by CALTRANS to the City shall be constructed in accordance with approved plans and specifications and shall be free of defects, structurally sound, and without visible flaws. An assessment shall be made to determine the state of existing H Street between Fourth Street and Sixth Street. Upon agreement that the facility is in a state of good repair, the City will accept the relinquishment of the highway upon completion of the Route 215 Freeway with no further improvements except for ongoing routine preventative, and scheduled maintenance activities by CALTRANS at CALTRANS' own cost and expense until relinquishment. 9. Property Acquisition: CALTRANS and the City will cooperate together in their effort to mitigate the impacts of the Route 215 Freeway Project on existing businesses and residences, particularly on those which must be relocated to accommodate the freeway expansion. 10. Subsequent Letter Agreement: All parties agree to execute a subsequent letter agreement addressing the issues in this MOU in greater detail once the design is more complete and prior to construction. II. Cooperation: CAL TRANS and all contractors working within City right of way will acquire City permits as required by applicable City requirements. The City will waive all plan check fees and permit fees related to freeway work. City will apply for encroachment permits for any required work within State highway rights of way. CALTRANS will waive all encroachment permit fees related to the required work. 12. Overcrossings: All attempts will be made to keep the Fifth Street Overcrossings open during construction, unless technical constraints during the design phase show the 2 r. .' 2002-14 EXHIBIT "B" need for the closure. All attempts will be made to prevent the simultaneous closures of the Ninth Street Overcrossing and the Baseline Street Overcrossing. While this MOU specifies certain preliminary design issues, it is understood between the parties that other issues will likely develop as the project progresses. All parties agree to work cooperatively to solve these issues. The City agrees to respond in a timely manner, so as not to interfere with the progress of the project. CAt. TRANS agrees to provide timely review and feedback to the City's comments. Each party shall bear their own costs in relation to carrying out the matters specified herein, unless otherwise specified, including, but not limited to, preparation of any necessary documents and/or materials specified above. DEPARTMENT OF TRANSPORTATION By' tb.'!!tr By District Director Date: \)al'l//L<.-rj tdrZoo'-" Date: JI"oU""hl 10 2CX-,L I I ATTEST: By: Gi/~h,~ RACHEL G. CLARK City Clerk Date: 0'-' f\LA Air, \ Cl , 'Z U:I2-. APPROVED AS TO FORM AND LEGAL CONTENT By: ?-f~ ES F. PENMAN ity Attorney Date: t?/~<-- ( 3 T . 2002-14 EXHIBIT "A" 8-SBd-2l5-KP 13.8/18.7 (PM 8.6111.7) In the City of San Bernardino on Route 215 between Route 259 and University Parkway 08303 - 444001 FREEWAY AGREEMENT THIS AGREEMENT, made and entered into on this _ day of , 2002, by and between the STATE OF CALIFORNIA, acting by and through the Department of Transportation (herein referred to as "STATE"), and the CITY of SAN BERNARDINO (herein referred to as "CITY"), WITNESSETH: WHEREAS, the highway described above has been declared to be a freeway by Resolution of the California Highway Commission on August 20, 1953 between Riverside County Line and Highland Avenue and on November 17, 1954 between Highland Avenue and 0.6 miles north of Devore; and WHEREAS, STATE and CITY have entered into a Freeway Agreement dated April 17 , 1956 relating to that portion of State Highway Route 215 from Colton Avenue (currently Inland Center Drive) to the North City Limits and Freeway Agreement dated March 18, 1969 relating to that portion of State Highway Route 215 from Route 259 to Route 30 (currently Route 210); and WHEREAS, CITY has subsequently annexed certain areas including portions of such freeway covered by said Freeway Agreement dated February II, 1957 with the County of San Bernardino; and WHEREAS, a revised plan map for such freeway has been prepared showing the proposed plan of the STATE as it affects streets of the CITY; and WHEREAS, it is the mutual desire of the parties hereto to enter into a new Freeway Agreement in accordance with the revised plan of said freeway; " 2002-14 EXHIBIT" A" 8-SBd-2l5-KP 13.8/18.7 (PM 8.6/11.7) NOW, THEREFORE, IT IS AGREED: I. This agreement supersedes that portion of said Freeway Agreement dated April 17, 1956 from Route 259 to the northern City Limits, that portion of said Freeway Agreement dated February 11, 1957 from the old northern city Limits to Devil Canyon Road (currently University Parkway), and that portion of said Freeway Agreement dated March 18, 1969 from Route 259 to Route 210 (formerly Route 30). 2. CITY agrees and consents to the closing of CITY streets, relocation of CITY streets, construction of frontage roads and other local streets, and other construction affecting CITY streets, all as shown on said plan map attached hereto marked Exhibit "A", and made a part hereof by this reference. 3. STATE shall, in construction of the freeway and at STATE'S or the appropriate Agency's expense, make such changes affecting CITY streets in accordance with the plan map attached hereto marked Exhibit "A". 4. STATE agrees to acquire all necessary rights of way as may be required for construction, reconstruction, or alteration of CITY streets, frontage roads, and other local streets, and CITY hereby authorizes ST ATE to acquire in its behalf all such necessary right of way. 5. It is understood between the parties that the right of way may be acquired in sections or units, and that both as to the acquisition of right of way and the construction of the freeway projects, the obligations of STATE hereunder shall be carried out at such time and for such unit or units of the project as funds are budgeted and made lawfully available for such expenditures. 6. CITY will accept control and maintenance over each of the relocated or reconstructed CITY streets, and the frontage roads, and other STATE constructed local streets on receipt of written notice to CITY from STATE that the work thereon has been completed, except for any portion which is adopted by STATE as a part of the freeway proper. CITY will accept title to the portions of such streets lying outside the freeway limits, upon relinquishment by STATE. 2002-14 EXHIBIT "A" 8-SBd-2l5-KP 13.8118.7 (PM 8.6/11.7) 7. This Agreement may be modified at any time in writing by the mutual consent of the parties hereto, as may become necessary for the best accomplishment, through STATE and CITY cooperation, of the whole freeway project for the benefit of the people of the STATE and of the CITY. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers. STATE OF CALIFORNIA Department of Transportation CITY OF SAN BERNARDINO JEFF MORALES Director of Transportation By: By: APPROVED AS TO FORM AND LEGAL CONTENT: KARLA SUTLIFF Acting Chief, Design Division ~?~ Uorney, CITY APPROVED AS TO FORM: Attorney, STATE . . '. 2002-14 .. i'. c....,.c .. ., 0" '" .- >-9 C> r- ~" '" z ~ --.J~~ " ST - .... 00 J~ ..... 0 ." " ." ST iC ~ - >- ~ ~~-= - c:> ..... '" St7f Btrrrrdl. 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