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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James Funk, Director
Date: December 19, 2001
File: 7,01-39
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Subject: Resolution approving a Freeway
Agreement and a Memorandum of
Understanding (MOU) with the State of
California, Department of Transportation
(CAL TRANS) for the right'OHvay acquisition
and construction of the State Route 215
Freeway.
Dept: Development Services
MCC Date: January 7, 2001
Synopsis of Previous Council Action:
5/21/01 Resolution supporting the State of California, Department of Transportation and San
Bernardino Association of Governments plan to expend State Funds for Righklf-Way Acquisition
for State Route 215.
10/15/01 State Route 215 Design Workshop
Recommended Motion:
Adopt Resolution.
44.~/JF
, James Funk 't/
Contact person: Raymond A. Casey, Deputy Director
Phone:
5111
Supporting data attached: Staff Report, Resolution
Ward:
5&6
FUNDING REQUIREMENTS: Amount: N/A
Source: NI A
Acct. Description:
Finance:
Council Notes:
~M2():)2-14
Agenda Item NO.~
1/7/0~
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Resolution 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 215 Freeway,
Background:
The State of California, Department of Transportation (CALTRANS) is nearing completion of the
design for the extension of State Route 215 Freeway. Acquisition of right-of-way has begun based
on the Resolution adopted by this Council on May 21,2001, but only for core (full take) parcels.
Upon completion of design, and execution of this agreement, the remaining right-of-way for the
project, including "partial takes", will be acquired by the State of California Department of
Transportation (CALTRANS) and construction will begin shortly thereafter.
Ultimately, several hundred parcels in the Freeway main corridor will have to be fully or partially
acquired. The parcels to be acquired have been identified based on an alignment, which has been
reviewed and accepted by City staff and presented to the Mayor and Common Council in a
workshop on October 15,2001. Comments received during the workshop had been conveyed to
SANBAG and incorporated into the design.
Adoption of this Resolution will enable CAL TRANS to complete the acquisition of parcels necessary
to construct the freeway improvements. Early construction activities are scheduled to commence
within 24 months and the entire project should be completed within six years. In addition,
CALTRANS, and City staff have drafted a Memorandum of Understanding regarding the State
Route 215 Freeway project which addresses issues not covered in the Freeway Agreement. The
MOU is intended to chart a course for further agency cooperation in areas such as the construction
of local road improvements and drainage facilities, a local contractor training/outreach program, a
public information program, facilities acceptance, enhanced aesthetics and others.
More specifically, the respective staffs have agreed to cooperate together in the creation of a
local/disadvantaged contractor training/outreach program to help make local and disadvantaged
contractors aware of contracting and subcontracting opportunities that may be available with the
upcoming freeway projects; and also make available training on related Federal and State Public
works contracting requirements. The respective staffs have also agreed to coordinate in an
ongoing public information program intended to keep residents informed of project status,
including updated local road detouring, affected utilities where applicable, and current phase
scheduling. In addition, the respective staff's have agreed to coordinate the resident and,
particularly, the business relocation efforts to attempt to mitigate the impacts on residents and
businesses to the greatest extent possible; up to and including City staff s helping to facilitate the
design and permitting of business relocation sites in San Bernardino.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
CALTRANS has also agreed to execute a subsequent letter agreement when more detailed design
information is available prior to beginning construction.
Financial Impact:
None.
Recommendation:
Adopt resolution.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA:\
3 BERNARDINO APPROVING A FREEWAY AGREEMENT AND A MEMORANDDI
OF UNDERSTANDING WITH THE STATE OF CALIFORNIA, DEPARTMENT OF
4 TRANSPORTATION (CALTRANS) FOR THE RIGHT-OF-WAY ACQUISITION AI\'D
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.
WHEREAS, the Freeway Agreement, attached as Exhibit A and incorporated herein by
9
10 reference, provides for the acquisition of rights-of-way necessary to construct said freeway
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improvements as well as local road closures and detours as may be necessary to complete such
improvement at CALTRANS' expense.
WHEREAS, the Memorandum of Understanding, attached as Exhibit B and incorporated
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herein by reference, between CAL TRANS, and the City charts a course for further agency
15
16 cooperation in areas not covered by the Freeway Agreement, such as a contractor
17 trainingloutreach program, public information program, enhanced relocation program, facility
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acceptance, enhanced aesthetics, and others.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
1.
The Mayor is hereby authorized and directed to execute said Freeway Agreement
with CAL TRANS on behalf on the City;
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25
26 III
27 III
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2.
The Mayor is hereby authorized and directed to execute said Memorandum of
Understanding with CALTRANS on behalf of the City.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA:\
2 BERNARDINO APPROVING A FREEWAY AGREEMENT AND A MEMORAl'iDDl
OF UNDERSTANDING WITH THE STATE OF CALIFORNIA, DEPARTMENT OF
3 TRANSPORTATION (CALTRANS) FOR THE RIGHT-OF-WAY ACQUISITION Al'iD
4 CONSTRUCTION OF THE STATE ROUTE 215 FREEWAY.
5
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6
Common Council of the City of San Bernardino at a _meeting thereof, held on the _day
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8
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10
11
of _, 2002, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
LIEN
12 MC GINNIS
13
SCHNETZ
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SUAREZ
15
16 ANDERSON
17 MC CAMMACK
18
19
20
21
City Clerk
The foregoing resolution is hereby approved this
day of
,2002.
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24 Approved as to
form and legal content:
25
JAMES F. PENMAN,
26 City Attorney
. : "Yc1.. 7j?~
Judith Valles, Mayor
City of San Bernardino
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EXHIBIT" A"
8-SBd-215-KP 13.8/18.7
(PM 8.6/11.7)
In the City of San Bernardino on
Route 215 between Route 259 and
University Parkway
08303 - 44400 I
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;
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EXHIBIT" A"
8-SBd-215-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 II, 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 nAn, 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 nAn.
4. ST ATE 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 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.
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EXHIBIT "A"
8-SBd-215-KP 13.8/18.7
(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 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 SAN BERNARDINO
JEFF MORALES
Director of Transportation
By:
By:
APPROVED AS TO FORM AND
LEGAL CONTENT:
KARLA SUTLIFF
Acting Chief, Design Division
Lu.- ?~
;::Jorney, CITY
APPROVED AS TO FORM:
Attorney, STATE
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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, CALTRANS, and San
Bernardino Associated Governments (SANBAG), but that are not part of the Route 215
Freeway Agreements.
1. Drainaie: 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 CALTRANS 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, well/structure treatments on Interstate 215, etc.) into the project.
4. Construction Staging/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
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. CALTRANS 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: CALTRANS 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. RelinQllishment: 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. Propertv Acquisition: CAL TRANS 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. Subseq.uent Letter Aa:reement: 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: 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 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
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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 wiIllikely 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
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
CITY OF SAN BERNARDINO
By:
ANNE E. MAYER
District Director
By:
JUDITH VALLES
Mayor
Date:
Date:
ATTEST:
By:
RACHEL G. CLARK
City Clerk
.Date:
APPROVED AS TO FORM AND
LEGAL CONTENT
7.f~
ES F. PENMAN
ity Attorney
By:
Date:
{'1/,2-
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OFFICE OF THE CITY CLERK
RACHEL G. CLARK, C.M.C. - CITY CLERK
300 North "D" Street. San Bernardino' CA92418-0001
909.384.5002' Fax: 909.384.5158
www.ci.san-bernardino.ca.us
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October 29, 2002
Mr. Chuck Coe
Department of Trans~ortation
464 W. 45th Street, 6t Floor
San Bernardino, Ca 92401
RE: State Route 215 Freeway betweeu Route 259 and University Parkway
8-SBd-215-KP 13.8/18.7
Dear Mr. Coe,
At the Mayor and Common Council meeting of January 7, 2002, the City of San Bernardino
adopted Resolution 2002-14 - Resolution approving afreeway 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 215 Freeway.
The Memorandum of Understanding was returned to the City Clerk's Office on February 22,
2002; however, we have not received the executed agreement. If the agreement has been signed,
please return it to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San
Bernardino, CA 92402.
If you have any questions, please do not hesitate to contact me at (909) 384-5002.
Thank you,
e/} [<c4)Yt- d-" (b--.
Michelle Taylor
Senior Secretary
Cny OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Dignity' Honesty
CITY CLERK'S OFFICE
RAcHEL G. CLARK, C.M.C. - CITY CLERK
P.O. Box 1318. San Bernardino' CA92402
300 North "0" Street. San Bernardino' CA 92418-0001
909.384.5002' Fax: 909.384.5158
Business Registration Division: 909.384.5302
Passport Acceptance Facility: 909.384.5128
www.ci.san-bernardino.ca.us
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January 28,2002
Mr. Chuck Coe
Department of Transportation
464 W. 4th Street, 6th Floor
San Bernardino, CA 92401
Dear Mr. Coe,
Per your request, I have enclosed a certified copy of City of San Bernardino Resolution No.
2002-14 - Resolution 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 215 Freeway.
If you have any questions, or if I can be of any further assistance, please give me a call at (909)
384-5002.
Thank you,
/;(" Ir/'(; .. i
'"
Michelle Taylor
Senior Secretary
Enclosure
CITY OF SAN BERNARDINO
ADOPTED SIIARED VALUES: Integrity' Accountability' Respect for Human Dignity' Honesty
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CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
July 29,2002
TO:
Raymond Casey, Deputy Director/City Engineer
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2002-14 and Resolution 2002-15 - Freeway Agreements
At the Mayor and Common Council meeting of January 7, 2002, the City of San Bernardino
adopted Resolution 2002-14 and Resolution 2002-15, both approving freeway agreements and
Memorandums of Understanding for the State Route 215 and State Route 210 freeways.
On January 11, 2002, the freeway agreements and Memorandums of Understanding were sent to
you for signatures. The executed MOUs have been returned; however, we have not received the
executed freeway agreements. If the freeway agreements have been executed, please forward
them to the City Clerk's Office, to my attention; otherwise, please submit a memo detailing their
status.
If you have any questions, please do not hesitate to call me at ext. 3206.
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CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
January 11, 2002
TO:
Raymond Casey, Deputy Director/City Engineer
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2002-14
At the Mayor and Common Council meeting of January 7, 2002, the City of San Bernardino
adopted Resolution 2002-14 - Resolution 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.
Attached are three (3) original agreements and one (I) original Memorandum of Understanding
(MOU). Please obtain signatures in the appropriate locations and return the original agreements
and MOU to the City Clerk's Office as soon as possible, to my attention.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Michelle Taylor
Senior Secretary
I hereby acknowledge receipt of the above mentioned documents.
Signed:
Date:
Please sign and return
~1 .. \..
** FOR OFFICE USE ONL Y - NOT A PUBLIC DOCUME:-;T *"
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RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): \ - ")-02.. Item # \4.. Resolution"
Vote: Ayes l-(" Nays ..(} Abstain fj
Change to motion to amend original documents:
2SQ.~.:Jj_________
Absem_-9:-___.,
Reso. # On Attachments: ~
Contract term :
NulllVoid After' -
Note on Resolution of Attachment stored separately: _-="'_
Direct City Clerk to (circle I): PUBLISH. POST. RECORD WCOIJNTY
By: _..=___
Date Sent to Mayor:
(-'1-02-
l-\o--6:t
I - \ 0 -o.;;l-
Reso. Log Lpdakd ,,/
Date of Mayor's Signature:
Date of Clerk/CDC Signature:
Seal Impressed: __.V'________
Date Memo/Letter Sent for Signature: -1- 11- 02
~ay Reminder Letter Sent o~ay: '1- J4.o /-
~ReminderLetterSento~hday: 10 -';;:>"{-Od-
See Attached: ./
See Attached:/
See Attached:/'
Date Returned:
2..22.'02 mGt{00Ly
Request for Council Action & Staff Report Attached: Yes L No By
Updated Prior Resolutions (Other Than Below): Yes No....L.. By
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634): Yes No-L By
Updated CDC Personnel Folders (5557): Yes NO+- By
Updated Traffic Folders (3985, 8234, 655, 92-389): Yes No By
Copies Distributed to:
City Attorney /
Parks & Rec.
Code Compliance Dev. Services ,/
Police Public Services Water
EDA
Finance
MIS
Others:
Notes:
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: _
Date:
Revised 0 1112/0 I