HomeMy WebLinkAbout13-Development Services
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: Development Servicts .
V,
Date: December 19,2002
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Subject: Resolution authorizing the Mayor to
execute a revised Freeway Agreement with the
State of Cali fomi a, Department of
Transportation (CAL TRANS) for the right-of-
way acquisition and construction of the State
Route 215 Freeway.
MCC Date: January 21, 2003
From: James Funk, Director
Synopsis of Previous Council Action:
5/21/01- Resolution supporting the State of California, Department of Transportation and San
Bernardino Association of Govemments plan to expend State Funds for right-of-way acquisition
for State Route 215 Freeway.
10/15/01- State Route 215 Design Workshop.
1/07/02 - Resolution approving a Freeway Agreement and a Memorandum of Understanding
(MOU) with the State of California, Department of Transportation (CAL TRANS) for the right-
of-way acquisition and construction of the State Route 215 Freeway.
Recommended Motion:
Adopt resolution.
Contact person: Raymond Casey. Devuty Director/City Engineer Phone: 5111
Supporting data attached: Staff Report, Resolution, Exhibit 1, Ward: 6
& Exhibit 2
FUNDING REQUIREMENTS: Amount: -0-
Source:
(Ace!. No.) N/A
Acct. Description
N/A
Finance:
Council Notes:
I<- .f.::c:;o jdc.2r03 --20
Agenda Item No. 13
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution authorizing the Mayor to execute a revised Freeway Agreement with the State of
California, Department of Transportation (CALTRANS) for the right-of-way acquisition and
construction of the State Route 215 Freeway.
Background:
On January 7, 2002, the City Council authorized the Mayor to execute an agreement with
CALTRANS for the right-of-way acquisition and construction of the State Route 215 Freeway
Improvement Project. However, CALTRANS' Sacramento office staff requested some minor
revisions to the agreement, as indicated below, and attached as Exhibits 1 and 2, after the local
office submitted it to the City for execution.
The following changes were made:
. Page 1 of Freeway Agreement (Paragraph #4) read: ... and Freeway Agreement dated
March 18,1969 was amended to read: . . . and Freeway Agreement dated 4-17-56 (April 17,
1956).
. Page 1 of Freeway Agreement (Paragraph #5) - Entire paragraph was deleted (marked over
with an X) to indicate that it is no longer on this agreement.
. Page 2 of Freeway Agreement read: 1. This Agreement supersedes that portion of said
Freeway Agreement, etc. was amended to read: This Agreement supersedes in its entirety
said Freeway Agreement, etc.
Therefore, staff recommends that the Mayor and Common Council adopt the attached resolution,
authorizing the Mayor to execute a revised Freeway Agreement with CAL TRANS. The
Memorandum of Understanding was executed as approved. Any delays associated with
execution of this agreement will not affect the project in any way.
Financial Impact:
None
Recommendation:
Adopt resolution
1
2
RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
3 BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A REVISED FREEWAY
4 AGREEMENT WITH THE STATE OF CALIFORNIA, DEPARTMENT OF
TRANSPORTATION (CALTRANS) FOR THE RIGHT-OF-WAY ACQUISITION AND
5 CONSTRUCTION OF THE STATE ROUTE 215 FREEWAY.
6
7 WHEREAS, the construction of the State Route 215 Freeway through the City of San
8 Bernardino is of utmost importance to both the City and CALTRANS.
9
10
11
12 improvements as well as local road closures and detours as may be necessary to complete such
13
WHEREAS, the Freeway Agreement, attached as Exhibit" 1" and incorporated herein
by reference, provides for the acquisition of rights-of-way necessary to construct said freeway
improvement at CALTRANS' expense.
14
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
15 THE CITY OF SAN BERNARDINO AS FOLLOWS:
16
The Mayor is hereby authorized and directed to execute said revised Freeway
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA:\"
2 BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A REVISED FREEWAY
AGREEMENT 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
6
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
7 Conunon Council of the City of San Bernardino at a
meeting thereof, held on the _day
23
24
25 Approved as to
form and legal content:
Judith Valles, Mayor
City of San Bernardino
26
JAMES F. PENMAN,
27 City Attorney
28 By: L 7,P~
o
"
Exhibit 1
(Revised)
1-215 Freeway Agreement
8-SBd-215-KP 6.9/13.8
(PM 4.3/8.58)
In the City of San Bernardino on
Route 215 between Fairway Drive
and Route 259/215 Interchange
FREEWAY AGREEMENT
THIS AGREEMENT, made and entered into on this _ day of 2003, 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
November 26, 1968 relating to that portion of State Highway Route 215 from South City
Limits at Fairway Drive to Colton Avenue (currently Inland Center Drive) and 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
\VHEREAS, 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;
-
8-SBd-215-KP 6.9/13.8
(PM 4.3/8.58)
NOW, THEREFORE, IT IS AGREED:
1. This Agreement supersedes in its entirety said Freeway Agreement dated November
26, 1968, on State Route 215 from the south City Limits at Fairway Drive to Colton A venue
(currently Inland Center Drive), and that portion of said Freeway Agreement dated April 17,
1956, from the south City Limits to State Route 259.
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 3S 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 right 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 on 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.
2
'.
8-SBd-215-KP 6.9/\3.8
(PM 4.3/8.58)
6. CITY will accept control and maintenance over each of the relocated or reconstructed
CITY streets 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 ofthe freeway proper. CITY will accept title to the portions of
such streets lying outside the freeway limits, upon relinquishment by ST ATE.
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.
ST ATE OF CALIFORNIA
Department of Transportation
CITY OF SAN BERNARDINO
JEFF MORALES
Director of Transportation
By
APPROVED AS TO FORM:
By
KARLA SUTLIFF
Chief Design Engineer
APPROVED AS TO FORM:
Attorney, State
3
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Exhibit 2
(Amended copy by CALTRANS)
1-215 Freeway Agreement
^.
8-SBd-215-KP 6.9113.8
(PM 43/8.58)
In the City of San Bernardino on
Route 215 between Fairway Drive
and Route 259/215 Interchange
FREEWAY AGRFFMENT
THIS AGREEMENT, made and entered into on thi, ~ day of O,t."..r 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 A venue and on November 17. 1954 ~tween Highland A venue and 0.6 miles
north of Devore; and
WHEREAS, STATE and CITY have entered ioto a Freeway Agreement dal~d November
26. 1968 relating to that portion of State Highway Route 215 from South City Limits at
Fairway Drive to Colton Avenue (currently Inland Center Drive) and-Freeway Agreement
~~\~d \lj.~u~-tYU9 relating to that portion of S[3:e Highway Route 215 from Colton Avenue
-:_,~rrcJj.ih Inland center Drive) to the North City Limits; and
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WHEREAS. CITY h,j"-juh,equently annex~d c~nain areas including portioJ\s of such
freeway covered by said Frc'c....ay Agreement dated June 7, 1954 with the CounlY of San
Bernardino; and
11;:
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WHEREAS, a revised plan map for such tree\'. "1' bas 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 partles hereto to enter into a new Freeway
Agreement in accordance with the revised plan of said freeway;
:c
8-SBd-2I5-KP 6.9/13.8
(PM 4.3/8.58)
NOW, THEREFORE, IT IS AGREED:
,';~,~{~j .
1. This Agreement supersedes tft . l<Jlt ,hiaid Freeway Agreement dated November
26, 1968 on State Route 215 from the south City Limits at Fairway Drive to CollOn Avenue
(currently Inland Center Drive), and that portion of said Freeway Agreement dated April 17,
1956 from the South City Limits to State Route 259.
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. ST ATE agrees to acquire all necessary right of way as may be required fr'r
construction, reconstruction, or alteration of CITY streets, frontage roads, and ocher local
streets, and CITY hereby authorizes STATE to acquire on its behalf all such necessary right of
way.
5. It is understood between the parties thatthe right of way may be acquire{! 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.
2
OFFICE OF THE CITY CLERK
RACHEL G. CLARK, C.M.C. - CITY CLERK
300 North "D" Street. San Bernardino' CA 92418-0001
909.384.5002' Fax: 909384.5158
www.ci.san-bernardinD.ca.us
'"
January 28,2003
Mr. Jeff Morales
Department of Transportation
464 W. 4th Street, 6th Floor
San Bernardino, CA 9240 I
Dear Mr. Morales,
At the Mayor and Common Council meeting of January 21,2003, the City of San Bernardino
adopted Resolution 2003-20 - Resolution authorizing the Mayor to execute a revised freeway
agreement with the State of California. Department of Transportation (Caltrans) for the right-of
way acquisition and construction of the State Route 215 Freeway.
Enclosed is a certified copy of Resolution 2003-20 and one (1) original agreement. Please obtain
signatures in the appropriate locations and return the original agreement to the City Clerk's
Office, Attn: Michelle Taylor, P.O. Box 1318, San Bernardino, CA 92402, as soon as possible.
If you have any questions, please do not hesitate to contact me at (909)384-5002.
Sincerely,
y7{ (t..Ll'l,
Michelle Taylor
Senior Secretary
:h. ('-.
Enclosure
CITY m' SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity' Accountahility . Respect for Human Dignity' Honesty
STATE OF CALIFORNIA BUSINESS TRANSPORTATION AND HOUSING AGENCY
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~YDAVIS Governor
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DEPARTMENT OF TRANSPORTATION
DISTRICT 8
464 W. FOURTH STREET, 6th Floor
SAN BERNARDINO, CA 92401-1400
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Flex your power.!
Be energy efficient.!
CITY OF SAN BEh:; ,:",.!lJINO
DEVELOPMENT bFf;,/ICI:S
DEPARTMEI'l i
February II, 2003
08-SBd-215-KP 6.9/13.8
(PM 4.3/8.58)
In the City of San Bernardino on
Route 215 between Fairway Drive
and Route 259/215 Interchange
Mr. Ray Casey
Acting City Engineer
City of San Bernardino
300 North D Street
San Bernardino, CA 92418
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Dear Mr. Casey:
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Enclosed for your record is one (1) fully executed Freeway Agreement between the State ltJ,)d thdj:ity of
_ ~o
San Bernardino for the above-referenced project. ;x:
If you have any questions, please call Larry Mathis in the Agreements Section at (909) 383-4509.
Sincerely,
~~
----------
.--/
ROBERT E. STOKES, Chief
Agreements/Minor Projects
Enclosure( s)
"Caltrans improves mobility across CalIfornia"
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 1- ZI-C3 Item #
Vote: Ayes 1-(' Nays -0
13 Resolution # 'ZCQ3 - zD
Abstain 'I Absent .9-
Change to motion to amend original documents:
See Attached: .----- Date Returned: "<;10;' ('3
See Attached:
See Attached:
Reso. # On Attachments:./ Contract term: -
Note on Resolution of Attachment stored separately: -=-
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
~i)
Date Sent to Mayor: l-'2 ')"Co-:='
Date of Mayor's Signature: \- 2,- (:.'5
Date ofClerk/CDC Signature: 1-;l<'O'CS
Date Memo/Letter Sent for Signature:
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
h)'t'-O'<,
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
City Attorney /'
Parks & Rec.
Dev. Services v"
Code Compliance
Police Public Services
Water
Notes:
NullNoid After: -
By:-
Reso. Log Updated:
Seal Impressed:
,/
,/
Yes ,/' No By
Yes No ---,L By
Yes No~ By
Yes No :> By
Yes No By~
EDA
MIS
Finance
Others:
BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.)
Ready to File: (YVi'
"SV -C)
Date: 0T ( ,€.) '(..L)
Revised 01/12/01