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HomeMy WebLinkAbout06.B- Public Works 6.B RESOLUTION (ID # 3677) DOC ID: 3677 A CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Agreement/Contract From: Robert Eisenbeisz M/CC Meeting Date: 02/02/2015 Prepared by: Michael Grubbs, (909) 384- 5140 Dept: Public Works Ward(s): 1 & 3 Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Approving Memorandum of Understanding No. 15-1001182 with the San Bernardino County Transportation Commission for the Advancement of the Redlands Passenger Rail Project. (#3677) Current Business Registration Certificate: Not Applicable Financial Impact: The total cost of this project is estimated between $3 million and $5 million. All costs will be paid by San Bernardino Associated Governments (SANBAG). There is no financial impact to the City. Motion: Adopt the Resolution. Synopsis of Previous Council Action: None. Background: The San Bernardino County Transportation Commission, more commonly known as the San Bernardino Associated Governments (SANBAG), has requested that the City of San Bernardino execute Memorandum of Understanding (MOU) No. 15-1001182 for the advancement of the Redlands Passenger Rail Project (RPRP). The RPRP will involve the implementation of necessary improvements to facilitate commuter rail service between "E" Street in the City of San Bernardino and the University of Redlands in the City of Redlands. Five station stops proposed in conjunction with the RPRP are currently planned to be located at "E" Street and Tippecanoe Avenue within the City of San Bernardino; and New York Street, Orange Street (Downtown Redlands), and University Street (University of Redlands) within the City of Redlands. As part of the Preferred Project, maintenance activities would be performed at a new layover facility proposed west of California Street and south of Interstate 10 (1-10) in the City of Redlands, just north of the Loma Linda city limits. Local rail service will be provided by up to two train sets composed of up to two cars and one locomotive shuttling between the University of Redlands and San Bernardino on thirty minute headways during the peak morning and evening periods and on one hour headways during off-peak hours and weekends. Up to two Metrolink express trains Updated: 1/28/2015 by Jolena E. Grider A Packet Pg. 196 6.B 3677 will also run westbound in the AM peak period and eastbound in the PM peak period, originating/terminating at the Downtown Redlands Station, These trains will be composed of a typical Metrolink train set. With the exception of the express train, daily operations will not interline with Metrolink's Los Angeles Union Station line (Metrolink San Bernardino line) or Inland Empire to Orange County line (Metrolink IEOC line). Rather, the RPRP will interface with Metrolink's IEOC and San Bernardino lines at "E" Street to facilitate commuter rail service farther west into Los Angeles. Implementation of the RPRP will result in substantially more train traffic along this line. The nine-mile reconstruction of the existing Redlands Rail Branch line will include the entire replacement of track and bridges, communications and signals, improvements to twenty seven grade crossings with some potentially being closed, quiet zones, four new stations, reconfiguration of a maintenance facility, and acquisition of commuter vehicles and an operator. A Record of Decision (ROD) from the Federal Transit Administration (FTA) is anticipated in early 2015. The issuance of a ROD is the formal federal approval of the RPRP Environmental Impact Statement (EIS) and allows SANBAG to begin final design and to proceed with construction of the project. These Memorandums of Understanding between SANBAG and the Cities of Redlands and San Bernardino are being executed as a requirement of the EIS for mitigation of train horn noise and to define some general roles and responsibilities during the design, construction, and operation of the project. One of the main environmental impacts identified in the EIS is the potential for noise generated by train horns at the highway-rail at-grade crossings throughout the project. The preferred mitigation measure for this noise generation, as listed in the EIS, is the implementation of Quiet Zones at the crossings. Within a Quiet Zone, the railroad will not be required to sound horns when approaching highway-rail at-grade crossings; however, in emergencies the train horn can still be used at the discretion of the operating engineer. Quiet Zones are implemented by constructing specific safety enhancements at the crossings and must be applied for by the public authority responsible for traffic control or law enforcement at the highway-rail at-grade crossing. In the case of RPRP, the responsible public authorities for traffic control and law enforcement at the highway-rail at-grade crossings are the Cities of San Bernardino and Redlands. As part of the RPRP, the necessary safety enhancements at each highway-rail at-grade crossing will be constructed for the crossing to be Quiet Zone ready. In order to actually implement the Quiet Zone, each city will need to file the appropriate application with the Federal Railroad Administration. Since the EIS lists Quiet Zones as a mitigation measure, which can only be implemented by each city, executed MOUs with the Cities of Redlands and San Bernardino, memorializing each city's intention to implement Quiet Zones, is needed before the FTA will issue the ROD. If Quiet Zones are not implemented, the EIS calls for a secondary mitigation measure of constructing sound walls at strategic areas throughout the project to mitigate the noise generated by train horns. The inclusion of sound walls with the project will increase costs and create unsightly visual barriers throughout the communities along the Updated: 1/28/2015 by Jolena E. Grider A I Packet Pg. 197 6.B 3677 Redlands Rail Branch line. Sound walls will still be needed to mitigate noise other than train horns, but not to the extent that would be required without implementing Quiet Zones. This MOU also discusses certain roles and responsibilities between SANBAG and the cities, providing a framework for processing design reviews, utility relocations, and discussions regarding betterments that each city might request during the crossing. It is anticipated that additional agreements will be needed in the future to address specific issues that may arise during the design phase. The City of San Bernardino will incur minimal staff coordination costs as a result of this project. SANBAG will pay all other costs and prepare all the necessary documents for filing that are required by the MOU. Upon receipt of the ROD from FTA which is expected in early 2015, SANBAG will begin final design. During final design, it may be to the City's advantage to include some betterments (work on the street system beyond reconstruction needed to resolve conflicts with the rail project) that can be installed by SANBAG's contractor at the City's expense. Funding for betterments, if needed, will be identified during final design and will require a separate Agreement with SANBAG. The construction cost of required street work in the City of San Bernardino is estimated by SANBAG to be between $3 million and $5 million all of which will be paid by SANBAG. SANBAG estimates that construction will start in 2017 and be completed by 2019. There will be periodic street closures during construction and some minor streets may be permanently closed. City of San Bernardino staff will coordinate the work with SANBAG to help minimize impacts to traffic and adjacent properties. Any permanent street closures will require additional formal approval of the Mayor and Common Council. SANBAG is planning to take this MOU to its board for approval on February 4, 2015. Attached is a copy of SANBAG's staff report marked Attachment "A". City Attorney Review: Supporting Documents: Resolution (DOC) agrmt 3677 (PDF) Exhibit B to 3677 (DOCX) ATTACH A - RPRP SANBAG Staff Report for 02-04-15 (DOC) Updated: 1/28/2015 by Jolena E. Grider A Packet Pg. 198 6.B.a RESOLUTION NO. 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING MEMORANDUM OF UNDERSTANDING 3 NO. 15-1001182 WITH THE SAN BERNARDINO COUNTY TRANSPORTATION 4 COMMISSION FOR THE ADVANCEMENT OF THE REDLANDS PASSENGER RAIL PROJECT. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE o 6 CITY OF SAN BERNARDINO AS FOLLOWS: as 7 SECTION 1. The City Manager is hereby authorized and directed to execute, on w as rn 8 behalf of the City, Memorandum of Understanding No. 15-1001182 with the San Bernardino 9 County Transportation Commission for the advancement of the Redlands Passenger Rail a 10 11 Project, attached herein as Exhibit"A". c 12 SECTION 2. The authorization to execute the above-referenced Agreement is 0 13 rescinded if it is not executed within one-hundred-twenty (120) days of the passage of this 0 a 14 resolution. Z 15 N /// Y 16 .3 17 /// 18 ti M 19 HI 0 20 o 21 22 23 24 HI a 25 /// 26 HI 27 28 Packet Pg. 199 633 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING MEMORANDUM OF UNDERSTANDING 2 NO. 15-1001182 WITH THE SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION FOR THE ADVANCEMENT OF THE REDLANDS PASSENGER 3 RAIL PROJECT. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 5 and Common Council of the City of San Bernardino at a meeting o 6 _ thereof,held on the day of , 2015,by the following vote, to wit: x 7 w m 8 Council Members: AYES NAYS ABSTAIN ABSENT a� N 9 MARQUEZ o 10 BARRIOS 11 VALDIVIA `M 12 13 SHORETT ,0 c� 14 NICKEL a m z 15 a JOHNSON `n s 16 MULVIHILL o 17 18 ti Georgeann Hanna, City Clerk 19 = 0 20 The foregoing resolution is hereby approved this day of , 2015. 0 d 21 22 = R. CAREY DAVIS, Mayor E 23 City of San Bernardino Approved as to form: 24 GARY D. SAENZ, City Attorney 25 26 By: 27 28 Packet F g.Z00 EXHIBIT"A" Contract No. 154001182 CONTRACT NO. 15-1001182 MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION 2 AND THE CITY OF SAN BERNARDINO r X FOR THE REDLANDS PASSENGER RAIL PROJECT W L This Memorandum of Understanding ("MOU") is made and entered into by and between N the San Bernardino County Transportation Commission ("SANBAG") and the City of San Bernardino ("CITY"), (SANBAG and CITY are each a "Party" and collectively °_- "Parties"). The Effective Date of this AGREEMENT shall be the date upon which SANBAG executes this AGREEMENT. RECITALS WHEREAS, SANBAG owns and is responsible for the maintenance on the w Redlands Subdivision railroad right-of-way between San Bernardino and Redlands Q ("ROW"); and z Q Cn WHEREAS, a portion of the ROW is presently being used for operation of freight trains by the Burlington Northern Santa Fe Railway Company ("BNSF"); and 3 0 WHEREAS, SANBAG desires to implement the Redlands Passenger Rail Project ("PROJECT")within and along the ROW; and ti M WHEREAS, the PROJECT includes improvements located within the ROW h ("IMPROVEMENTS") and ancillary facilities such as stations and parking facilities M located on property adjoining the ROW ("FACILITIES"); and L M WHEREAS, the implementation and operation of the PROJECT is governed by w United States Code, Title 49 — TRANSPORTATION SUBTITLE IV — INTERSTATE a TRANSPORTATION, PART A — RAIL, CHAPTER 105 -- JURISDICTION, Section 10501 —General jurisdiction; and Y 4 WHEREAS, the PROJECT is included in the approved SANBAG Measure I 2010-2040 Ten-Year Delivery Plan and the Southern California Association of Governments' Regional Transportation Plan and is eligible to receive funds from the Measure 12010-2040 San Bernardino Valley Metrolink/Passenger Rail Program; and Page 1 of 9 Packet Pg.201 EXHIBIT"A" Contract No. 15-1001 182 WHEREAS, SANBAG and City of Redlands have entered in to an agreement, �- SANBAG Contract No. 97-026, regarding parking related to the PROJECT at certain stations in the City of Redlands; and WHEREAS, SANBAG is completing an Environmental Impact Study and Environmental Impact Report("EIS/EIR") identifying potential impacts of the PROJECT and associated mitigation measures per federal and state guidelines and plans to certify the project and move towards construction and implementation; and E 2 WHEREAS, the implementation of Quiet Zones at specific highway-rail at-grade crossings is listed as one of the preferred mitigation measures in the EIS/EIR; and X W L WHEREAS, per Code of Federal Regulations, Title 49 Part 222, only the public authority responsible for traffic control or law enforcement at the highway-rail at-grade N crossing can implement a Quiet Zone; and R CL WHEREAS, SANBAG and CITY recognize that coordination of PROJECT utility relocations with CITY is mutually beneficial to both SANBAG and CITY and wish to minimize cost and schedule disruptions of utility relocations; and v a� WHEREAS, SANBAG has need of and desires to reach an understanding with the CITY in carrying out SANBAG's responsibilities for design, construction, and w operation of the PROJECT, specifically to define the scope of CITY'S involvement in the review and approval of design drawings, to establish defined review period time frames, Q and to acknowledge other necessary steps SANBAG and CITY must follow; and N s NOW, THEREFORE,the Parties agree to the following: 3 3 0 RESPONSIBILITIES: ti ti 1. The Parties agree that the above referenced RECITALS are true and correct in all M respects and shall constitute a substantive part of this Agreement and are incorporated herein by this reference. Y E 2. The PROJECT as described and depicted on Exhibits A and B attached hereto and incorporated herein is located in the Cities of San Bernardino and Redlands. a� 3. CITY and SANBAG will meet and confer to establish SANBAG's responsibilities for construction and operation of the PROJECT, specifically to define specified time frames for review and approval of design drawings, permits, and to acknowledge Q other necessary steps SANBAG and CITY must follow for approval of PROJECT FACILITIES and improvements. 4. CITY and SANBAG will identify one or more contact individuals for all PROJECT related matters. 0 Page 2 of 9 Packet PO.'202 EXHIBIT"A" Contract No. 15-1001182 5. SANBAG agrees to design, construct, and maintain at-grade crossing improvements along the PROJECT corridor to be Quiet Zone capable and to prepare all required applications and technical studies needed to implement Quiet Zones along the entire PROJECT corridor. 6. CITY agrees to attend site diagnostic meetings, execute concurrence documents in compliance with CPUC General Orders 75-D and 88-13, and file all federally required documentation when construction of all PROJECT grade crossings is substantially complete in order to implement Quiet Zones within its jurisdiction at all crossings o included within the scope of the PROJECT. d X 7. CITY agrees to consider the adoption of certain General Plan Amendments or similar w L land use guidance document and/or discretionary actions as may be required to reflect the revised traffic circulation system arising from the closure of crossings as N determined by SANBAG, CITY, and the CPUC; and to implement parking a prohibitions adjacent to crossings as may be required by the CPUC. — 8. CITY and SANBAG will identify and plan for utility relocations and modifications, including streets in a coordinated manner. Specific agreements will be outlined as to 0 which utilities need to be relocated, when they will be relocated, and who will perform the relocation work at no cost to the CITY, unless otherwise covered by L separate existing agreements. CITY and SANBAG recognize the need to perform `- this work in a timely and cost effective manner. SANBAG recognizes the need to m execute separate water utility relocation agreement(s)with the City of San Bernardino a Municipal Water Department(WATER). cn w 9. CITY agrees it will invoke its franchise/utility agreements and have its rights under 3 those agreements imposed on utilities if it is determined utilities are in conflict with 0 the PROJECT and require relocation. The CITY will formally inform the utilities of the CITY's intent to exercise its rights and request the relocation of utilities pursuant to the franchise/utility agreements. ti ti 10. When possible, CITY and SANBAG will coordinate PROJECT construction w schedules with CITY project construction and CITY construction schedules, ai particularly with respect to utility relocations. c 11. SANBAG and City of San Bernardino Municipal Water Department (WATER) agree E to enter into one or more Agreement(s) prior to construction related to water system facility protection, relocation, or abandonment. WATER shall own and maintain all Q water facilities located within CITY and/or WATER right-of-way or easements. 12. SANBAG will provide a mechanism to incorporate such PROJECT "Betterments" as may be requested by the CITY and WATER. Betterments are defined as facilities which are not required for the PROJECT or required by city zoning or building regulations and are enhancements to the PROJECT. Cost sharing will be negotiated in good faith on a case-by-case basis. Page 3 of 9 Packet Pg.203 aye EXHIBIT"A" Contract No. 15-1001182 .rr 13. CITY will collaborate with SANBAG to acquire right-of-way needed to complete the implementation of the PROJECT based on the PROJECT implementation schedule to be provided by SANBAG. CITY will also collaborate with SANBAG to pursue vacation of CITY right-of-way that will no longer be needed for public purposes upon completion of the improvements. 14. CITY shall collaborate with SANBAG on amending existing grade crossing and utility license agreements as necessary to accommodate the project for each existing o CITY owned utility and street crossings along SANBAG's Redlands Branch Corridor right-of-way. In addition, CITY shall collaborate with SANBAG on the execution of x new grade crossing and/or utility license agreements, drafted by SANBAG, for each I- new and existing CITY owned utility, including streets that cross SANBAG's Redlands Branch Corridor right-of-way. The terms and conditions for each of the y subject license agreements shall be negotiated by both parties in good faith on a case- a. by-case basis, as soon as pertinent details become available. — M 15. Dispute Resolution. . Any dispute between the parties shall be resolved as follows: a. The individuals identified in Paragraph 3 hereof shall meet and confer in good faith to resolve the dispute. o b. If unresolved the dispute shall be referred to the City Manager of CITY and m SANBAG's Executive Director who shall meet and confer in good faith to a resolve the dispute. In the event the dispute is still not resolved the dispute cn shall be referred to the governing bodies of the CITY and SANBAG who shall r arrange to meet and confer (to the extent permitted by the Ralph M. Brown 3 Act) through committees, representatives, or delegates to resolve the dispute. 0 The decisions of the governing bodies shall be final. The CITY and SANBAG reserve all rights, following completion of the above described to process,to seek appropriate relief or remedy. ti 16. Following completion of the PROJECT, CITY and SANBAG will continue to meet M and confer on the common interests of both with respect to the safe operation and E maintenance of the passenger rail system and CITY facilities including potential effects on traffic within the project limits in CITY. »� c m E 17.No Party nor any officer, director, employee or agent thereof is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by any other Party under this AGREEMENT. It is understood and agreed a that each Party shall fully defend, indemnify and save harmless each other Party, its officers, directors, members, employees, contractors or agents from all claims, liabilities, suits or actions of every name, kind and description brought for or on account of any injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by the indemnifying Party under or in Page 4 of 9 Packet Pg.204 EXHIBIT"A" Contract No. 15-1001182 connection with any work, authority, action or inaction undertaken under this AGREEMENT by the indemnifying party. 18. This AGREEMENT shall continue in full force and effect through December 31, 2020. 19. All signatories hereto warrant that they are duly authorized to execute this Agreement on behalf of their respective Parties and that by so executing this AGREEMENT, the Parties hereto are formally bound to this AGREEMENT. o W 20. Except on subjects preempted by federal law, this AGREEMENT shall be governed and construed in accordance with the laws of the State of California. All Parties 'J w agree to follow all local, state, county and federal laws and ordinances with respect to performance under this AGREEMENT. N N 21. If any clause or provision of this AGREEMENT is illegal, invalid or unenforceable a under applicable present or future laws, then it is the intention of the Parties that the remainder of this AGREEMENT shall not be affected but shall remain in full force N and effect. c 22. This AGREEMENI' can be amended only with a written amendment duly authorized Q and executed by both Parties. L- 23. In the event of litigation arising from this AGREEMENT, each Party to this m AGREEMENT shall bear its own costs, including attorney(s)fees. Q 24, This AGREEMENT may be signed in counterparts, each of which shall constitute an original. 3 O 25. Any notice required or authorized to be given hereunder or any other communications between the Parties provided for under the terms of this AGREEMENT shall be in ti writing, unless otherwise provided for herein, and shall be served personally or by M reputable courier or by facsimile addressed to the relevant party at the address/fax number stated below. M a•+ 26.Notice given under or regarding this AGREEMENT shall be deemed given (a) upon a) L actual delivery, if delivery is personally made; or (b) upon delivery into the United w States Mail if delivery is by postage paid certified mail (return receipt requested), fax d or private courier including overnight delivery services. Notice shall be sent to the s respective Party at the address indicated below or to any other address as a Party may r designate from time to time by a notice given in accordance with this paragraph. a Page 5 of 9 Packet Pg. 205 EXHIBIT"A" Contract No. 15-1001182 .�.,. If to SANBAG: Raymond Wolfe, Executive Director 1170 West 3 r Street, Second Floor San Bernardino, CA 92410-1715 (909) 884-8276 If to City of San Bernardino: Allen Parker, City Manager 300 N. "D" Street, 6"Floor San Bernardino, CA 92418 0 (909) 384-5122 as X w 26. Exhibit A(Project Description) and Exhibit B (Project Location Map) are attached to and incorporated into this AGREEMENT. N N R 0. SIGNATURES ON FOLLOWING PAGE: c d o: L 0 w t9 a m z a co s 3 O ti ti cc M ti ti M w L E V .V Y 4 Page 6 of 9 0 EXHIBIT"A" Contract No. 15-1001182 IN WITNESS WHEREOF,the Parties have executed this AGREEMENT below. SAN BERNARDINO COUNTY CITY OF SAN BERNARDINO TRANSPORTATION COMMISSION By: By: Raymond Wolfe Allen Parker c SANBAG Executive Director City Manager Date: Date: w L d c as APPROVED AS TO FORM: APPROVED AS TO FORM: Gary D. Saenz, City Attorney a By: By: Robert D. Herrick Asst. SANBAG General Counsel (Z—D L 0 W Date: Date: zm z a CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT 3 0 By: Stacey R. Aldstadt General Manager ti M Date: L �o r as E w a Page 7 of 9 Packet Pg.207 6B� EXHIBIT"A" Contract No. 15-1001182 MEMORANDUM OF UNDERSTANDING NO. 15-1001182 EXHIBIT A-Project Overview The Redlands Passenger Rail Project(RPRP) encompasses an approximately nine-mile corridor extending east from the City of San Bernardino to the City of Redlands. The project extends along an existing railroad right-of-way owned by SANBAG and commonly referred to as the Redlands Branch or Subdivision. c 0 The project proposes the operation of passenger rail service between E Street in the City of San Bernardino and the University of Redlands, in the City of Redlands. Passenger x rail service will be facilitated by up to five station stops. Up to four new station stops W L will be constructed in conjunction with RPRP. These include possibly one station located at either Tippecanoe Avenue or Waterman Avenue within the City of San Bernardino and c New York Street, Orange Street, and University Street within the City of Redlands. The fifth station is being constructed at E Street in San Bernardino as part of the Downtown °- San Bernardino Passenger Rail Project. SANBAG also proposes the replacement of the existing railroad tracks and ties,reconstruction or rehabilitation of existing bridge structures,potential construction of a new train layover facility, and auxiliary improvements such as at-grade highway crossing and safety enhancements,new parking facilities, and improvements to pedestrian access. Lo w The project is currently considering three vehicle options for operations: two (2)types of m diesel-powered locomotives and one(1)type diesel multiple units(DMU). The final Z vehicle type selected will meet Tier 4 emission requirements. Frequency of these co vehicles would be 30 minute headways during AM and PM peak travel times and hour headways during off-peak times traveling between the E Street and University of 3 Redlands Stations. Functionality will be built into the system to allow for Metrolink a p limited number of trains. ti M ti h to M r.+ E L (V E s r Q Page 8 of 4 PacketPg.208 EXHIBIT"A" Contract No. 15-1001182 MEMORANDUM OF UNDERSTANDING NO. 15-1001182 EXHIBIT B - Project Area t2i.' .� � �V:,�2 r�xt �i 1�5��S\.� -}I"��j�,,..��\�b w\a�iv Yf`•��s` ��v;��:,} � o1c {�to� ttn ;Y \2 s �° t� t��kjp;t � 1�"Y'C��� �� 4�}'o \} � T1A � Y �'}11�1 i 3N5ti�V SVi .ih N)N 5{Y �ttl\ q y1 +�y[�'• �� �1 �.��\•� y}+n qy,� l$�L1 ���t'd 5 } t?�Ju L1i11t;�-1� t� ��,, " tarry� �-a,�r�\� ,':tv oy: O a cn c�a;�•� l t v}} 1 C/f .3�tt�i k t, 3F u new �aa1a ,°lwve tt fit a i\tt `}t�s Ut 1� >lq Sri\ W a } v�r R. C NEW e ,k��i� k�yr°�M''y�..a�i� �' Y„1tRNl wnsirc 1-� tvi�a�' 0 � N b t N L �¢ H 3 l4 G jT•,'Z�y�," y�iH'l UY} U l� avb a � vl h`r J rain T ��n 0. °41G� � vY Z� i = � v tm �,ta<uy )sm't;'S }a, 5k✓\ +. ( r � twa �.. \1 �1 Y,S y a x 'O Ll YMYlf1Y d\YI t a dt � p tt x y 1t .as vo. z (n l •- G J � r+ # `� $� .' 'a< owe E altat5wt-� yy ( kt v - s s,. ,w)-,x XW 1 5s1C �e'.°s`Lit'- o'\ *A- r Qom.- °' ! 3� k 1 +�} to uU a1�v to T ,eae. umat a 5 '•$ ta10 Nie/f!0 L •.,3 .n•cnaxr� )G aswe,atry,� � _ R n} a}`5' t o t i,n vM anY NYax�M .\r�1Y Jf'., 3� ., aav-au"iw �T� a.i nuNnN w 'ts : Lo a»aooit Q N 2 mvm V g rt 5Pr t)O ! 1 N N d E Q o e$ 5 1\ a n a E 1�" I m �Z.'l}r 3'r4 Ce 8 L C C a a Li e a Page 9 of 9 Packet Pg. 2091 MEMORANDUM OF UNDERSTANDING NO. 15-1001182 EXHIBIT B-Project Area c O N C m k W CD C d N N R a N C cC Qi L a0-. Q m Z Q D O ti ti M ti ti tD M O r Co t k W C d E t u t0 r Q Page 1 of 2 Packet Pg. 210 c o_ N K W d C d N N a # y p C fC i Z ...rsrar�rrgr . � "c O is wrrt 4S•, __ �-M1f CO �2 O s .xwr�r LLi ASR 0 C3�,.` � a #x Q arx LJ .00m- Page 2 of 2 Packet Pg. 211 ,, -- - -- ATTACHMENT"A„ Governments NSAGSan Bernardino Associated Governments F Working Together 1170 W. 3rd Street, 2nd FI, San Bernardino, CA 92410 Phone: (909)884-8276 Fax: (909)885-4407 J , . o 0 Web: www.sanbag.ca.gov •San Bernardino County Transportation Commission •San Bernardino County Transportation Authority k *San Bernardino County Congestion Management Agency *Service Authority for Freeway Emergencies W L Minute Action y a AGENDA ITEM: Date: February 4, 2015 U) c Subject: Memorandum of Understanding No. 15-1001047 with the City of Redlands and Memorandum of Understanding No. 15-1001182 with the City of San Bernardino for the advancement of the c Redlands Passenger Rail Project a Recommendation: 00 That the Commuter Rail and Transit Committee recommend the Board, acting as the N San Bernardino County Transportation Commission, authorize the Executive Director to execute the following: 3 A. Memorandum of Understanding No. 15-1001047 with the City of Redlands for the 0 implementation of the Redlands Passenger Rail Project. ti B. Memorandum of Understanding No. 15-1001182 with the City of San Bernardino for the M implementation of the Redlands Passenger Rail Project. Ln Background: o The Redlands Passenger Rail Project (RPRP) will provide commuter rail service between the N Cities of San Bernardino and Redlands. The nine-mile reconstruction of the existing Redlands o Rail Branchline will include the entire replacement of track and bridges, communications and 0 signals, improvements to 27 grade crossings with some potentially being closed, quiet zones, °a four new stations, reconfiguration of a maintenance facility, and acquisition of commuter vehicles and an operator. A Record of Decision (ROD) from the Federal Transit Administration (FTA) is anticipated in early 2015. The issuance of a ROD is the formal federal approval of the vn RPRP Environmental Impact Statement (EIS) and allows SANBAG to begin final design and to Q proceed with construction of the project. These Memorandums of Understanding between Z SANBAG and the Cities of Redlands and San Bernardino are being executed as a requirement of N the EIS and to define general roles and responsibilities during the design, construction, and 0- operation of the project. CL One of the main environmental impacts identified in the EIS is the potential for noise generated Q by train horns at the highway-rail at-grade crossings throughout the project. The preferred a mitigation measure for this noise generation, as listed in the EIS, is the implementation of Quiet Zones at the crossings. At a Quiet Zone, the railroad has been directed to cease the routine a sounding of horns when approaching highway-rail at-grade crossing, however in emergencies the train horn can still be used at the discretion of the operating engineer. Quiet Zones are E F implemented by constructing specific safety enhancements at the crossings and must be applied for by the public authority responsible for traffic control or law enforcement at the highway-rail a Entity: CTC Packet Po'. Board of Directors Agenda Item February 4, 2015 Page 2 at-grade crossing. In the case of RPRP, the responsible public authorities for law enforcement at c the highway-rail at-grade crossings are the Cities of San Bernardino and Redlands. •2 _ a� As part of the RPRP, the necessary safety enhancements at each highway-rail at-grade crossing w will be constructed for the crossing to be Quiet Zone ready. In order to actually implement the Quiet Zone, each city will need to file the appropriate paperwork with the Federal Railroad Administration. Since the EIS lists Quiet Zones as a mitigation measure, which can only be N implemented by each city, executed MOUs with the Cities of Redlands and San Bernardino, 0.. memorializing each city's intention to implement Quiet Zones, is needed before the FTA will issue the ROD. -a If Quiet Zones are not implemented, the EIS calls for a secondary mitigation measure of constructing sound walls at strategic areas throughout the project to mitigate the noise generated by train horns. The inclusion of sounds walls with the project will increase costs and create ,o unsightly visual barriers throughout the communities along the Redlands Rail Branchline. a m This MOU also discusses the roles and responsibilities between SANBAG and the cities, N providing a frame work for staff to use to help process design reviews, utility relocations, and s discussions regarding betterments that each city might request during the crossing. 3 SANBAG staff is requesting a recommendation to the Board of authorizing the Executive Director to enter into Contract No. 15-1001047, Memorandum of Understanding with the City of Redlands and Contract No. 15-1001182, Memorandum of Understanding with the City of o San Bernardino for the implementation of RPRP. v, Financial Impact: c This item has no financial impact. c L Reviewed By: w This item is not scheduled for review by any other policy committee or technical advisory o committee. SANBAG General Counsel has reviewed this item and the draft Memorandums of a aD Understanding. Responsible Staff. in Justin Fornelli, Chief of Transit and Rail Programs m a m Z CL W a Q U 4 H H Q Approved d Board of Directors t Date:February 4,2015 � Witnessed By: Q County Transportation Commission- CTC Packet Pg.213'