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HomeMy WebLinkAbout13-Development Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Dept: Development Servicts . V, Date: December 19,2002 . 'L ' .... . ~ . 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 / /clJ//l] 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 \. ~ 0 ~ <( 0 ~ '" ~'" li ~ J ~~ Ii ~ Z~ ~ ;:: ~ u -~ . 0 ~i:I ~~ > j ~:::; ~ J -~ .- u ww ~l5 :;: W l5 ~z - N N <I( Z ~ . c(;~~~ll. ~ li .~ ~~ . - ~ ~ -~ . 2 0 u 0 ~ ::i. Q..~ 3=uz~~; In z a wli w 0 W vI- "'2; W wfS VI trill ~ Z '" ~ li !ii- %: 011 a:: II: w . ~ ~~ ~~ wI- z: ~ ~ LoI w - J l'! ou oo~ ~ ~ i J~ w.....(\; z: <II( Z ~ == :x: ~ ~ u u'" a: - III - I- i5 . ~ '" ~ ~z. ::: li w O~ ~~il LL. ~ ~ ~ c ~ e, ali >< '" '" ~ III~'{I Z ~ ~ ~ "'u ~ ~. WI II ~ ~6l w 0 ~ ~ iD I- % ~ ~ iD '" ... .; ~ ~ ... !!:: ... .. 0"; I- '" i '" ..J g z ~ ~ e o ~ ~ ~ 2 ~ e; l!; ": .. I- - - '" ~ '" ..J ,. 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 :...,'f~ . " 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;: " ,',. ."., -:-L~ l~':-~~- I 1_._ ....0 _", . .'-'/ ,~,~ 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 g;;:0"/ - @~;t ~rnF~~~~:W~~ ~YDAVIS Governor rclL~ DEPARTMENT OF TRANSPORTATION DISTRICT 8 464 W. FOURTH STREET, 6th Floor SAN BERNARDINO, CA 92401-1400 ~." ~ 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 .." f"T1 c:l N ~ ::>;J m " rT1 <: m -:::I I " ~ .~ c:l "" Dear Mr. Casey: ." VI Q 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