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Home My WebLink AboutItem No. 17 - Amendment No. 2 to Cooperative Agreement 16-1001477 with SBCTA Related to Mt. Vernon Avenue Viaduct Replacement Project Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: May 6, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By:Kris Jensen, Director of Public Works Subject: Amendment No. 1 to License Agreement 17-1001639 with SBCTA Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020-85, approving Amendment No. 1 to License Agreement 17-1001639 with the San Bernardino County Transportation Authority (SBCTA). Background The Southern California Regional Rail Authority (SCRRA) constructed the “First Mile” of the Redlands rail line extension between the existing San Bernardino Santa Fe Depot and “D” Street in the San Bernardino Associated Government (SANBAG) right-of-way. On December 19, 2005, the Mayor and City Council adopted Resolution 2005 -421 approving a license agreement between the City and SANBAG to operate and maintain drainage improvements within SANBAG right-of-way that was installed during the “First Mile” project. On January 1, 2017, SANBAG changed its name to San Bernardino County Transportation Authority (SBCTA). On July 19, 2017, the Mayor and City Council adopted Resolution 17 -1001639 approving new agreement between City and SBCTA reflecting the City’s approved actual construction railroad track layout and implementation of SBCTA $1,200 annual administrative fee. Discussion License Agreement 17-1001639 with SBCTA needs to be amended to reflect follo wing changes: Updated Licensee’s (City) contact information under Basic License Provisions. Updated description of the Premises to reflect more accurate information regarding mile post location and affected area. nclusion of storm drain improvement plans as an exhibit to the Amendment. 6702 Page 2 2020-2025 Strategic Targets and Goals The request for the Amendment No. 1 to SBCTA Agreement aligns with Key Target No . 1e: Create an asset management plan. The storm drain construction project that the Amendment supports will be a valuable asset to the City. Fiscal Impact There is no fiscal impact associated with the approval of this item. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020-85, approving Amendment No. 1 to License Agreement 17-1001639 with the San Bernardino County Transportation Authority (SBCTA). Attachments Attachment 1 Resolution 2020-85 Approving First Amendment; Exhibit “A”- Amendment No. 1 Ward: 1 Synopsis of Previous Council Actions: 7/10/2000 Mayor and City Council allocated $150,000 for Metrolink at grade crossing at 2nd, 3rd, “E”, and “G” Streets, and $50,000 for “E” Street widening at Metrolink in the 2000/01 Capital Improvement Program (CIP). 11/20/2000 Resolution No. 2000-325 adopted approving Construction and Maintenance Agreement for the Redlands Subdivision “First Mile” Track Construction and Inland Empire Maintenance Facility. 12/06/2004 Resolution No. 2004-374 adopted authorizing the execution of Amendment No. 1 to Construction and Maintenance Agreement between the City of San Bernardino and the Southern California Regional Rail authority (SCRRA) to construct the Redlands Subdivision “First Mile” Improvements. 12/19/2005 Resolution No. 2005-421 adopted authorizing the execution of a License Agreement with SANBAG for the operation and maintenance for storm drain installed in the Redlands Subdivision “First Mile” railroad right-of- way. 7/19/2017 Resolution No. 17-1001639 adopted authorizing the execu tion of a License Agreement with SBCTA adopting new layout and SBCTA Administrative Fee. Resolution No. 2020-85 RESOLUTION NO. 2020-85 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO LICENSE AGREEMENT 17-1001639 WITH SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY (SBCTA) WHEREAS, The Southern California Regional Rail Authority (SCRRA) constructed the “First Mile” of the Redland rail line extension between the existing San Bernardino Santa Fe Depot and “D” Street in the San Bernardino Associated Government (SANBAG) right-of-way; and WHEREAS, On December 19, 2005, the Mayor and City Council adopted Resolution 2005-421 approving a license agreement between the CITY and SANBAG to operate and maintain drainage improvements within SANBAG right-of-way that was installed during “First Mile” project; and WHEREAS, On January 1, 2017, SANBAG changed its name to San Bernardino County Transportation Authority (SBCTA); and WHEREAS, On July 19, 2017, the Mayor and City Council adopted Resolution 17- 1001639 approving new agreement between City and SBCTA reflecting City approved actual construction railroad track layout and implementation of SBCTA $1,200 annual administrative fee; and WHEREAS, License Agreement 17-1001639 with SBCTA needs to be amended to update Licensee’s (City) contact information under Basic License Provisions, and Description of the Premises to reflect more accurate information regarding mile post location and affected area and to include storm drain improvement plans. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Manager is authorized and directed to execute First Amendment to License Agreement 17-1001639 with SBCTA, a copy of which is attached as Exhibit “A” and incorporated herein. SECTION 3. The City Manager, or her designee, is hereby authorized to execute all documents in support of the Project on behalf of the City. SECTION 4. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the Resolution No. 2020-85 environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 6. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the Acting City Clerk this ___ day of __________, 2020. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, Acting City Clerk Approved as to form: Sonia Carvalho, City Attorney Resolution No. 2020-85 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______ 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2020. Genoveva Rocha, CMC, Acting City Clerk