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CITY OF SAN BERNODINO - REQU~~TN~4~OUNCIL ACTION
Authorization to Execute Coopera-
Subject: tive Agreement -- Acquisition
of Additional Right-of-Way --
Widening 40th Street, from Third
Avenue to Acre Lane
ROGER.G. HARDGRAVE
From:
D4?
Public Works/Engineering
Oat': 1-23-92
Synopsis of Previous Council action:
04-02-90 -- Transfer of $30,500 to Acct. No. 242-362-57330,
Widening 40th St., 3rd St. to Acre Ln., and
authorization granted to negotiate with the County.
June, 1990--Allocation of $75,000 approved in 1990/91 Budget under
Acct. No. 250-670-57478.
Resolution No. 91-30 adopted authorizing execution of
Agreement with County for final plans.
Resolution No. 91-96 adopted creating Underground
Utility District No. 20, along 40th St., from Kendall
Drive to Palm Avenue. I
Plans approved & authorization granted to advertise for
bids.
Resolution No. 91-358
widening 40th St., from
Allocation of $40,000
right-of-way.
Resolution No. 91-464 adopted authorizing execution of
Cooperative Agreement with County.
01-23-91
03-18-91
05-20-91
08-05-91
10-21-91
11-18-91
adopted awarding contract for
Third Avenue to Cottage Drive.
approved for acquisition of
~mended motion:
cc: Shauna Clark
Contact person: Roger G. Hardgrave Phone: 5025
Staff Report, Agreement
Supporting data attached: & Resolution Ward: 4 & 5
$40,000 - 1991/92 &- $92,400 in
FUNDING REQUIREMENTS: Amount:l 'l'l2l'l, -M"'''''nr''' T ~c:: Sales Tax Local Funds
Source: (Acct. No.! 129-309-57843
(Acct. Description)
40th St. Right-of-Way - Third
Finance: . Cl.W Z) r----
Avenue to Acre Lane
CITY ADMINISTRATOR'S NOTE:
Council Notes:
4C) $40,000 was allocated from Measure I 1/2 cent sales tax local funds
in the 1991-92 Budget for the acquisition of right-of-way.
Supplemental funding in the amount of $92,400 will be needed to
complete this project -- this amount must be funded in the 1992-93
Budget.
75-0262
Agenda Item No
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.CITY OF SAN BERNQlDINO - REQUEST ~ COUNCIL ACTION
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75-0264
STAFF REPORT
A Cooperative Agreement with the County,
preparation of plans for widening 40th Street (from
to Acre Lane) was approved at the Council meeting of
relating to
Third Avenue
1-23-91.
The original right-of-way for 40th Street was 40 feet.
Additional right-of-way, in the amount of 30 feet, must be
acquired along each side in order to provide the planned ultimate
width of 100 feet.
The proposed Cooperative Agreement provides, in general,
that the County will allocate $100,000 in the 1991/92 Fiscal Year
to finance the cost of right-of-way documents, property
appraisals and acquisitions, and that the City will include
sufficient funds to finance the cost of right-of-way acquisition.
At the Council meeting of 10-21-91, the allocation of
$40,000 for acquisition of right-of-way was approved, under
Account No. 129-309-57843. These funds will be used to finance
the necessary appraisals for the parcels to be acquired. Supple-
mental funds will be needed in the 1992/93 Fiscal Year Budget to
fully finance the total acquisition costs.
Underground Utility District No. 20 was established by
Resolution No. 91-96. The utility companies are designing their
underground structures. However, the additional rights-of-way
will have to be acquired before installation of their underground
facilities can be commenced.
The total preliminary estimate of cost for acquisition of
right-of-way within the County is $597,000. Therefore,
supplemental funds in the amount of $497,000 will need to be
allocated by the County in the 1992/93 Fiscal Year, or subsequent
budgets.
The total preliminary estimate of cost for acquisition of
right-of-way in the City is $132,400. Supplemental funds in the
amount of $92,400 will, therefore, be needed in the 1992/93
Fiscal Year.
This Cooperative Agreement was approved by the Board of
Supervisors at their regular meeting of 10-07-91. However, the
three copies signed by the Chairman were lost. The copies signed
by the Mayor, as authorized by Resolution No. 91-464, adopted on
11-18-91, included an estimate of $50,000 in Section One, instead
of the $132,400 in the copies approved by the Board.
The proposed Agreement, as approved by the Board, sets
forth an estimate of $132,400, as the total estimated cost of
right-of-way acquisition by the City.
We recommend that this Agreement be approved, and
Resolution No. 92-464 rescinded.
1-23-92
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO
RELATING TO THE ACQUISITION OF ADDITIONAL RIGHTS-OF-WAY FOR THE
IMPROVEMENT OF FORTIETH STREET, FROM THIRD AVENUE TO ACRE LANE 1
AND RESCINDING RESOLUTION NO. 91-464.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is
hereby authorized and directed to execute, on behalf of said
City, an Agreement with the County of San Bernardino, relating to
the acquisition of additional rights-of.,-way for the improvement
of Fortieth Street, from Third Avenue to Acre Lane, a copy of
said agreement is attached hereto, marked Exhibit "A" and
incorporated herein by reference as fully as though set forth at
length.
SECTION 2. Resolution No. 91-464 is hereby rescinded.
SECTION 3. This agreement and any amendment or modi fica-
tions thereto shall not take effect or become operative until
fully signed and executed by both 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 4. This resolution is rescinded if the parties
to the agreement fail to execute it within sixty (60) days of the
passage of this resolution.
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1-23-92
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I! RESO:
AUTHORIZING EXECUTION OF AGREEMENT WITH COUNTY OF
BERNA~NO RELATING TO ACQUISITI,QN OF RIGHTS-OF-WAY
IMPRO"'-lENT OF FORTIETH STREET. . ""I
SAN
FOR
1 I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Conunon Council of the City of San
3 Bernardino at a
meeting thereof, held on the
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day of
, 1992, by the following vote, to-wit:
5 Council Members:
6 ESTRADA
7 REILLY
8 HERNANDEZ
9 MAUDSLEY
10 MINOR
11 POPE-LUDLAM
12 MILLER
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AYES
NAYS
ABSTAIN
ABSENT
Rachel Krasney, City Clerk
The foregoing resolution is hereby approved this
day of
, 1992.
W. R. Holcomb, Mayor
Ci ty of San Bernardino
Approved as to form
20 and legal content:
21 James F. Penman
City Attorney
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23 By
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COOPERATIVE AGREEMENT
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THIS AGREEMENT, made and entered into this day of
, 1991, by and between the County of San Bernardino,
corporate and politic of the State of California,
hereinafter referred to as "COUNTY"; the San Bernardino County
Flood Control District, a body corporate and politic of the State
of California, hereinafter referred to as "DISTRICT"; and The
City of San Bernardino, a municipal corporation of the State of
California, hereinafter referred to as "CITY."
WHEREAS, acquisition of the necessary additional right-of-
way will be required in order for the utility companies to
underground Utility District; and
EXHIBIT -A-
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1 WHEREAS, County and City do mutually desire to specify the
Z duties and responsibilities of each agency in the acquisition of
3 additional right-of-way and construction of necessary improve-
menta on this section of 40th Street.
NOW, THEREFORE, BE IT MUTUALLY AGREED, AS FOLLOWS:
SECTION ONE: City Shall --
1.01 Include sufficient funds in the 1991/92 Fiscal Year
Budget to finance the cost of acquisition of rights
of way within the incorporated limits of City
1.02
(estimated to be $132,400). .
Proceed to negotiate and acquire, by eminent komain
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if necessary, the required additional right of way
within the incorporated limits in an expeditious
basis.
1.03 To act as Lead Agency in securing all required
environmental review approvals.
1.04 To prepare the plans, specifications and cost
estimate for construction and submit to COUNTY in
application for a no-fee construction permit for
construction of improvement in County unincorporated
area.
SECTION TWO: County Shall --
2.01 Include sufficient funds in the 1991/92 Fiscal Year
Budget to finance the cost of acquisition of rights
of way documents, appraisal of property and acqui-
sition in an amount not to exceed $100,000.
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2.02 Proceed to negotiate and acquire, by eminent domain
if necessary, the required additional right of way
within the unincorporated limits as funding stated
above will allow.
2.03 To issue the CITY a no-fee construction permit for
the construction of improvement in the COUNTY unin-
corporated areas.
2.04 To assist the CITY in coordinating the removal or
relocation of utilities in conflict with the pro-
posed improvements.
PARTIES I
SECTION THREE: BE IT FURTHER AGREED BY THE
HERETO ---
3.01 That no party to the agreement nor officer nor
employees thereof shall be responsible for any
damage or liability occurring by reason of anything
done or in connection with any work, authority or
jurisdiction delegated to the parties under this
Agreement.
It is also understood and agreed that
pursuant to Government Code Section 895.4 each party
shall fully indemnify and hold all other parties
harmless from any liability for injury (as defined
by Government Code Section 810.8) occurring by
reason of anything done or omitted to be done under
or in connection with any work, authority or
jurisdiction delegated under this Agreement.
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3.02 That the COUNTY continue in their
2, efforts to complete necessary right-of-way
0 3 acquisition and utility relocations and to pursue
4 completion of improvements.
5 THIS AGREEMENT shall inure to the benefit of and be
6 binding upon the successors and assigns of the parties involved.
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11 ATTEST:
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13 By:
v= ':;r..~"" ;;;i:..._\..;..lr..:,--,__"'"", "'~-"--'~ .~ -..-..--"-..--'--' ........ -------.. ___'___!
BETWEEN THIRD 'VENUE AND ACRE LANE.
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1 IN WITNESS WHEREOF, the parties hereto have caused this
2 Agreement to be executed by their respective officials thereunto
3 duly authorized.
4 SIGNED AND CEJiTIl"I.at.:'l!HAT A
COPY OF THtS OOCUME~T~~BEEN
5 DELIVEREDJ.!1;O THE CHAIRMAN '\
OF THE B ~RD: . '
EARL ' $l'RQAT
Cle ' ot' the Board. .of
Sup v~~ors of the County
of A ~ernardino
\.
en-.., , ..
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';".'~. >.-:
COUNTY
OF SAN BERNARDINO
BY
aJ&'I..-
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9 By
KER, Chairman.
,,'-'
CITY OF SAN BERNARDINO
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W. R. HOLCOMB, Mayor
Ci ty of San Bernardino
~"':"-......:#._J-
By:
City Clerk
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Approved as to form and
15 legal content:
16 JAMES F. PENMAN,
City Attorney
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18 By:
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