HomeMy WebLinkAbout2002-015
:
..
1
2
3
4
5
6
RESOLUTION NO.
2002-15
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING A FREEWAY AGREEMENT AND A MEMORANDUM
OF UNDERSTANDING (MOU) WITH THE STATE OF CALIFORNIA, DEPARTMENT
OF TRANSPORTATION (CALTRANS) FOR THE RIGHT-OF-WAY ACQUISITION
AND CONSTRUCTION OF THE STATE ROUTE 210 FREEWAY WESTERLY OF "H"
STREET.
WHEREAS, thc construction of the State Route 210 Freeway through the City of San
7
8 Bernardino is of utmost importance to both the City and CALTRANS.
9
10
WHEREAS, the Freeway Agreement, attached as Exhibit A and incorporated hercin by
11
reference, provides for the acquisition of rights of way necessary to construct said freeway
12 improvements as well as local road closures and detours as may be necessary to complete such
13 improvement at CALTRANS' expense.
14 WHEREAS, the Memorandum of Understanding, attached as Exhibit B and incorporated
15 herein by referencc, between CAL TRANS, and the City charts a course for further agency
16
17
cooperation in areas not covered by the Frecway Agreement, such as a contractor
18
trainingloutreach program, public information program, enhanccd relocation program, facility
19 acceptance, enhanced aesthetics, and others.
20 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
21 OF SAN BERNARDINO AS FOLLOWS:
22
23
24
25
26
27 ;;1
28 I;;
I.
The Mayor is hereby authorized and directcd to exccute said Freeway Agrecment
with CAL TRANS on behalf on the City;
2.
The Mayor is hereby authorized and directed to execute said Memorandum of
Understanding with CAL TRANS on behalf of the City.
'"
"
2002-15
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
2 BERNARDINO APPROVING A FREEWAY AGREEMENT AND A MEMORANDUM
OF UNDERSTANDING (MOU) WITH THE STATE OF CALIFORNIA, DEPARTMENT
3 OF TRANSPORTATION (CALTRANS) FOR THE RIGHT-OF-WAY AND
CONSTRUCTION OF THE STATE ROUTE 210 FREEWAY WESTERLY OF "H"
4 STREET.
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 the7 thday
7
8
of Jan, 2002, by the following vote, to wit:
AYES
NAYS
ABSTAIN ABSENT
~
x
x
x
SUAREZ
15
16
17
18
19
x
ANDERSON
~
MC CAMMACK
x
U...Jv.L h. ~
Chy.clerk
20
21
22
23
24 Approved as to
form and legal content:
25
26
27
28
The foregoing resolution is hereby approved this
day of January ,2002.
JAMES F. PENMAN,
City Attorney
By: L ?-.{J~
{J
2002-15
8-SBd-2l0 (30)-KP R32.2/R37.2
(PM R20.0/R23.l)
In the City of San Bernardino
On Route 210 (30) between
San Bernardino West City Limit
and Route 259
08303 - 444001
FREEWAY AGREEMENT
THIS AGREEMENT, made and entered into on this ~ day of January, 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 May 22,1963; and
WHEREAS, STATE and CITY have entered into a Freeway Agreement dated October 7,
1985, relating to that portion of State Highway Route 30 (currently Route 210) from Highland
Avenue to "H" Street; and a Freeway Agreement dated March 18, 1969, relating to that portion
of State Highway Route 30 (currently Route 210) from the San Bernardino West City Limit to
Route 259; and
WHEREAS, CITY has subsequently annexed certain areas including portions of such
freeway covered by said Freeway Agreement dated April 5, 1965 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;
2002-15
8-SBd-210 (30)-KP R32.2/R37.2
(PM R20.0/R23.1)
NOW, THEREFORE, IT IS AGREED:
1. This agreement supersedes in its entirety said Freeway Agreement dated October 7, 1985,
that portion of said Freeway Agreement dated March 18, 1969, from San Bernardino West City
Limit to Route 259, and that portion of said Freeway Agreement dated April 5, 1965, from
Duffy Street to old eastern City Limits at Cajon Boulevard.
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 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 STATE 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 ST ATE 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 ST ATE 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 ST ATE.
2
r
2002-15
8-SBd-21O (30)-KP R32.2/R37.2
(PM R20.0/R23.1)
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 ST ATE 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 S~N BERNARDINO
JEFF MORALES
Director of Transportation
By:
r ~ f:1/vlVltj
KARLA SUTLIFF
APPROVED AS TO FORM AND
LEGAL CONTENT:
By:
Chief Design Engineer
ti~ ;2. k-...
rJ-torney, CITY
APPROVED AS TO FORM:
..1.
. v-;":\' j1(' _'_f.
, ',<;t-,
Attorney, STATE
3
"
. '.
, ,
2002-15
EXHIBIT "B"
MEMORANDUM OF UNDERSTANDING
ROUTE 210 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
Route 210 Freeway which have been the subject of discussion between the City and
California Department of Transportation (CALTRANS), but that are not part of the Route 210
Freeway Agreements.
1. Drainage: The City will work with CALTRANS and SANBAG to develop and
construct the State Street Storm Drain. The City will construct the storm drain as a
City project. The City will review the project under CEQA. The City and SANBAG
will provide funding pursuant to a separate Drainage Agreement.
2. Soundwall Aesthetics: Soundwalls along Route 210 will match the aesthetics used
along the western portions of the route. Soundwall aesthetics along Interstate 215
(near the 1-215/1-210 interchange) will be developed in concert with CALTRANS and
the City to complement the rest of the Interstate 215 corridor in San Bernardino.
3. Soundwall Ownership: The City will take ownership and maintain the soundwall
constructed along a "New Street" (currently unnamed), southeast of the State Street
Interchange upon their satisfactory completion.
4. 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 210, etc.) into the project.
5. Construction Sta\!ing/Traffic Handling: The City, CALTRANS, AND SANBAG, will
work closely to minimize local impacts during construction up to and including the
completion of local street improvements to be used in construction staging or for
detour routes in advance of the related freeway construction.
6. Utilities: CALTRANS will coordinate all utility relocations associated with the freeway
projects with the various responsible entities and the City will be kept informed.
7. Communication Plan: CALTRANS will provide a communication plan to the City.
The plan will include the procedures and medium of notification for all appropriate
2002-15
EXHIBIT "B"
personnel to be notified regarding construction related issues. The plan will define
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.
8. 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.
9. 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 Route 30 (Highland
Avenue). 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 210 Freeway
with no further improvements except for ongoing routine preventative, and scheduled
maintenance activities by CALTRANS at CALTRANS' own cost and expense until
relinquishment.
10. Property Acquisition: CALTRANS and the City will cooperate together in their effort
to mitigate the impacts of the Route 210 Freeway Project on existing businesses and
residences, particularly on those which must be relocated to accommodate the
freeway expansion.
11. Subsequent Letter Agreement: All parties agree to execute a subsequent letter
agreement (if either party deems it necessary) addressing the issues in this MOU in
greater detail once the design is more complete and prior to construction.
12. Cooperation: CALTRANS 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 pem1it fees related to the storm drain project.
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. CAL TRANS agrees to provide timely
2
.
2002-15
EXHIBIT "B"
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.
By: q?~~Z~/lrle7~
District Director
DEPARTMENT OF TRANSPORTATION
Date:
/ / ,pe/02-
Date:
,)f'rr>"M-CJ I G, 7602..
I .
ATTEST:
-4~iJ~
RACHa. G. CLARK
City Clerk
By:
Date: J "" l. p.r. '( \ C" '2 enZ-
APPROVED AS TO FORM AND
LEGAL CONTENT
By: /l.~ ?/~
~MES F. PENMAN
City Attorney
Date: ~"7 2..-00{
,
3
ST
""r-
,,-
E: ST
",-
",,-l
'"
N~
~3 ST
"'>
"'I:)
?'"
olTl
-~
ITI
~
'"
DR ...,
~~
s::
.>
I:)
"''''
"'ITI
~~
-ITI
-z
-l
.".
ROUTE 259
3
AVE
MT VI W
~ CD .. ~
'" ~9~ I II
'"
....
" m
'" ..
!;;! , C
Ill'"
"'.. ><
III c> n;o III i ." ."
> ,;olll !ig '" ;0 ;0
ZOo 111ft N........ .. .... 0 '"
> z'" -"> IIlC > '" Z '" :J:
'" o~~ .... ~ ;0 .... "
" z ~ ::u (/) - :::a -....'" ;on n > >
~ C::uo>Zm C:'- .... " ~ ...
zc:Z ~oo no > .- -
i:' 2~~CJ~m ~.,,'" ....1Il !i Z ~ '"
-c: '" ~ '" D'J
C "'''' ....n 0;0 '" C '"
-l - N::tl ::IE ::U"" ::0> Z'" > Z
N I'T'l Z _ Z n ~""O )001 III C n C -
0 o 0 )00 - Z- > III 0
g N ;0 .... )> :::o:::tl cn"Tl Ill'" Z -I
0 UI ~ _ c -< NtH "'tI ~ 0 Z
... - ?~!il Z Z.... ;0 '"
.. III 0 tl -< "'''' n
~ll! .- ....
....- 9~ ~> 0
n ;0;0 .... 1Il- n !i
IIlZ >
.... N'" - >c: .- III )>
....... 0
... . . Z ;0 III
_N -< ;0
n