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HomeMy WebLinkAbout40-Public Works 'caTY OF SAN ,8EfQARDIN~EQU;~;c;,O~ o~;:UNCIL ACTIOt From: ROGER G..,HARDGRAVE Subject: Authorization to Execute Free- ,way Agreement - Route 30/330, from Del Rosa Avenue to 1.0 Mile North of Highland Avenue Dept: Public Works/Engineering Om: 11-08-89 Synopsis of Previous Councilection: 05-18-87 Recommendation from the Legislative Review Committee on provision of access to properties abutting Route 330 approved. 09-18-89 Draft Freeway Agreement referred to Transportation Com- mittee for review and recommendation. 10-11-89 Transportation Committee referred Freeway Agrep.ment to staff to attempt to work out solution amenable to all parties. 10-30-89 Transportation Committee recommended approval of Free- way Agreement with certain amendments. 11-06-89 Report from Transportation Committee received and filed. Recommended motion: Adopt resolution. cc: Marshall Julian Jim Richardson .....-::rim Penman Richard Moon Contact person: Roger G. Hardgrave Staff Report, ?r~eway Aqreement & Map Phone: 5025 Supporting data lItt8Ched: Ward: 4 & 7 FUNDING REQUIREMENTS: Amount: N/A Source: IAcct, No.! fAcet, OescriDtionl Fiml/lce: Council Notes: 75-0262 Agenda Item No, ~" 'CITY OF SANBEIt'ARDINO - REQUESTO'OR COUNCIL ACTION 75.0264 STAFF REPORT Page 1 of 2 Preliminary plans for the improvement of Route 330 were submitted to the City for review. The Stubblefield Construction Company asked to review these plans, since they own property on both sides of Route- 330 Freeway. A mobile home park has been developed on the west side. The property on the east side is vacant. The plans showed construction of a frontage road along the east side of the freeway. A secondary emergency access paved road was to be provided northerly of the frontage road, terminating at an access to Route 330 by a locked gate. The Stubblefield Construction Company requested assurance from Staff that this arrangement would meet the City's requirement for secondary emergency access. We responded that Staff could not provide such assurance. The matter was then presented to the Leg- islative Review Committee. After several hearings, the Legisla- tive Review Committee recommended that the amended propos.al be approved. A presentation was made at the Council Meeting of 5-18- 89, at which time the proposal was approved. The proposal included the condition that all of the agreed upon project features would be incorporated into and become a part of the Freeway Agreement. ' The proposed draft of the Freeway Agreement does not include any of, the project features. According to the Ca1tans personnel currently assigned to the project, their policies will not allow these features to be included in the Freeway Agreement. There are other changes, such as the secondary emergency access road being dirt instead of paved. Due to the rev~s~ons from the previously agreed upon features, it was recommended that the draft Freeway Agreement be referred to the Legislative Review Committee. However, the Agreement was actually referred to the Transportation Committee at the Council meeting of 9-18-89. At the meeting of the Transportation Committee of 10-30- 89, it was agreed that the metal arch culvert to be installed under Route 330, for an equestrian crossing, would be enlarged to allow access by a fire engine. The culvert will be enlarged to provide 10 feet horizontal clearance and 12 feet of vertical clearance. Enlarging this facility will enable the culvert to be used for emergency access, and thereby replace the access currently afforded by the approximate 14' X 14' box culvert, commonly referred to as the "Barnes Crossing." 11-08,-89 14 15 16 17 18 19 20 21 22 23 24 25 26 27 11/08/8928 / / / / o o 1 2 3 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FREEWAY AGREE!-IENT WITH THE STATE OF CALIFORNIA, RELATING TO IMPROVEMENT OF ROUTE 30, BETWEEN 0.1 MILE WEST OF DEL ROSA AVENUE TO ROUTES 330/30 INTERCHANGE AT PACIFIC STREET, AND ON ROUTE 330, FROM 330/30 INTERCHANGE TO 1.0 MILE NORTH OF ~IGHLAND AVENUE. 4 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 6 CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 9 10 11 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City a Freeway Agreement relating to improvement of Route 30, from 0.1 mile west of Del Rosa Avenue to Route 330/30 Interchange at Pacific Street, and on Route 330, from 330/30 interchange to 1.0 12 mile north of Highland Avenue, a copy of which is attached 13 hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 2. The authorization granted hereunder shall not take effect until fully signed and executed by all parties. The City shall not be obligated hereunder unless and until the agreement is fully executed and no oral agreement relating thereto shall be implied or authorized. SECTION 3. The authorization to execut~ the above- referenced agreement is rescinded if the parties to the agreement fail to e;:ecute resolution. / / / / / 1 / / 1 / 1 / / / / / it within sixty (60) days of the passage of this 19 By 20 21 22 23 24 25 26 27 11/08/8928 RESO: AUTH~~ING EXECUTION OF AGREEME~WITH STATE OF CALI~IA FOR ROUTES 30 AND 330\-1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Approved as to form 16 and legal content: 17 James F. Penman City Attorney 18 I HEREBY CERTIFY that the, foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the _day of , 1989, by the following vote, to-wit: AYES: Council Members NAYS: ABSENT: City Clerk The foregoing resolution is hereby approved this day of , 1989. W. R. Holcomb, Mayor City of San Bernardino - 2 - o o EXHIBIT -A- 8-SBd-30-R25.7/R28.8 8-SBd-330-R28.7/R30.6 On Route 30 between 0.1 Mi. W of Del Rosa Avenue to Routes 330/30 Interchange at Pacific street and on Route 330 from Routes 330/30 Interchange to 1.0 Mi. N of Highland Avenue FREEWAY AGREEMENT THIS AGREEMENT, made and entered into on this ____ day of , 19__, 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 highways described above have been declared to be freeways by Resolution of the California Transportation Commission on November 15, 1945 and May 22, 1963; and WHEREAS, STATE and County of San Bernardino have entered into a Freeway Agreement dated January 20, 1964, relating to that portion of State Highway Route 30 between San Bernardino City Limit (near Golden Avenue) and Redlands City Limit (Lugonia Avenue) and that portion of Route 330 between Route 30 and 0,2 mile north of Highland Avenue; and a Freeway Agreement dated November 3, 1969, relating to that portion of State Highway Route 30 and Route 330 between San Bernardino City Limit (near Golden Avenue) and 0.2 mile north of Highland Avenue; and WHEREAS, a revised plan map for such freeways 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 freeways; NOW, THEREFORE, IT IS AGREED; 1. This Agreement supersedes in its entirety, insofar as it pertains to CITY, said Freeway Agreement dated November 3, 1969, and said Freeway Agreement dated January 20, 1964. 2. CITY agrees and consents to the closing of CITY streets, relocation of CITY streets, construction of frontage roads and other local roads, and other construction affecting CITY streets, all as shown on said plan map attached hereto marked I o o ." 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 roads, 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 roads 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 roads lying outside the freeway limits, upon relinquishment by STATE. 1 11/ /11 1 1 1 / 1 1 /11 1 / 1 / / / / / 1 / / / 1 1 / 1 1 1 1 1 1 1 1 1 1 1 / / / / / / 1 1 1 1 2 o o 7. This Agree~ent ~ay be ~odified at any time in writing by the mutual agreement 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 THE CITY OF SAN BERNARDINO By W. R. Holcomb ROBERT K. BEST Director of Transportation Mayor APPROVED' AS TO FORM' AND LEGAL CONTENT: James F. Penman, City Attorney By Chief, Office of Project Planning and Design APPROVED AS TO FORM: ATTEST: Attorney (State) City Clerk 3