HomeMy WebLinkAbout19-Public Works
rUe No. ]5.U;l-1205
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CITY OF SAN BERtORDINO - REQUEST OR COUNCIL ACTION
From:
ROGER G. HARDGRAVE, Director
Subject:
Author.ize Execution and AcceptancE' of
of a "Permit to Enter" Agreemf'Ot with
the state of Cal i fornia DeDilrtment of
TrnJlsporLatioJl: Fjre MajnteJ1~nef> Fac.
1/47, 1208 North "W Street
Dept:
Puhlic works/Engineering
Date:
.Ju 1 v 27, 1992
Synopsis of Previous Council action:
NONE
Recommended motion:
AlX1PT RESOLUTION
r:c: ShauTln Clftrk~ Citv Administrfltor
James F. Penman, City Attornev
will Wright, Fire Chief
Conta~ person:
Annp DpRnl+
Phone:
~12R
Supporting data attached:
~t",ff Rpnnrt. M"'n. Rp.~flltltion
Ward:
'2
FUNDING REQUIREMENTS:
Amount:
tJnnp
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
Council Notes:
75-0262
Agenda Item No. / q
CITY OF SAN BERNCRDINO - REQUEST p:JR COUNCIL ACTION
. .
STAFF REPORT
Caltrans is considering the widening of the Route 215 corridor from Orange Show
Road to Massachusetts Street. The Department of Transportation will need to
enter upon the property which is being used as a fire maintenance station to
gather the necessary data for the above project.
The purpose of the entry is to take boring samples of soil and possible ground
water to determine whether or not the site has been contaminated by hazardous
substances.
In return for the City of San Bernardino granting Caltrans permission to enter
the subject property, Caltrans has agreed to the following:
1. The retention of a qualified contractor to take the geological samples for
laboratory analysis for contaminates (hydrocarbons, metals, and solvents).
2. Caltrans will require the contractor to coordinate the testing with the Fire
Department's schedule. Unless objected to bv the Fire Department, the testing
will be conducted during normal business hours. 48 hours notice will be given to
the Fire Department prior to entry upon the property by Caltrans' contractor.
3. Caltrans wi1] indemnify the City against any negligence or damage done by th..
contractor or hi s men. Thev do not indemnitv the Ci tv against any liahi 1 i ty as a
consequence of the presence of hazardous waste on the propertv.
It is Staff's recommendation that the Resolution be adopted and the document(s)
be executed.
75-0264
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARlJINO AUTHORIZING THE EXECUTION
AND ACCEPTANCE OF A "PERMIT TO ENTER" AGREEMENT WITH THE STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION FOR ENTRY UPON CITY-OWNED PROPERTY GENERALLY
LOCATED AT 1208 NORTH "H" STREET (FIRE l1AINTENANCE STATION 1/47).
BE IT RESOLVED BY THE l1AYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTI ON ].
That the Mayor of the Citv of San Bernardino is
hereby iluthorized ilnd directeo to execute ilno accf'pl on bf'half of saio City.
9 a "pf'rmit to Enter" Agreement with thf' Stilte of California Df'partment of
10 Trilnsportiltion. a copy of which is attached herf'to IInd incorporateo bv
11 reference herein, as tuJ Iv as though set for!"h in length, marked E"hibit
12 "A", for the entry upon that cf'rtain rea] property owned by th" City ot San
13 Bernardino, and more generally known as ] 208 North "H" Street.
14
The authorization to execute the above-r"ferencf'o
SECTION 2.
15 agreement is rescinded if the parti es to the agrepment fa; I to execute it
16 within one hundred twenty (120) days of the passage of this resolution.
17 / /
18 I I
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21 ! /
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24 / /
25 / /
26 I /
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28 I I
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ACCEPTANCE AND EXECUTION OF PERMIT TO ENTER:
,-
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l.2(l8 NORTH "R" STREET (FIRE
I ~TENANCE STATION #47)
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by
2 the Mayor and Common Council of the City of San Bernardino at a
_____meetin~
3
4
5
6
7
8 REILLY
thereof
held
on the
day of
, 1992, by the following vote, to-wit:
COUNCIL MEMBERS:
__ _ _ u_" __
AYES
ABSENT
NAYS
ABSTAIN
ESTRADA
9 HERNANDEZ
10 MAUDSLEY
11 MINOR
12 POPE-LUDLAM
13 MILLER
07 !?? tQ?
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23
24
25
26
27
28
of
Rachel Krasney. City Clerk
The
fore~oing resolution is herebv approved this
day
, 19Q2.
-- ------ -..----.------
W. R. Holcomb, Mayor
Citv of San Bernardino
Approved as to form
and legal content:
James F. Penman,
Ci ty Attorney
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,,'(~~J_':.-l~_____--
J
STAll Of CAUFORNIA-lUSINESS. TRANSPORTAO AND HOUSING AGENCY
o
PETE WILSON. Gowemor
DEPARTMENT OF TRANSPORTATION
DISTRICT 8. P.O. lOX 231
SAN IERNARllINO. CAUFORNIA 92402
lOO (714) ~
.
June 11, 1992
File No. 15.02-1265
08-SBd-215-4.l/l0.l
Parcel No. 9962
E.A. 007110
City of San Bernardino Fire
Department Maintenance
Facility (47)
State of California
Department of Transportation
Mr. Ken Steele
District Director of Transportation
District 8
247 West Third Street
San Bernardino, CA 92402
Dear Mr. Steele:
PERMIT TO ENTER
I. It is my understanding that the following facts pertain to
the property located at 1208 North H Street, San
Bernardino, California, and shown on the attached plat:
l. The property or a portion thereof is being considered
for construction of a transportation project identified
as: Widening of Route 215 corridor from Orange Show
Road to Massachusetts Road. .
2. The Department of Transportation finds it necessary to
enter upon the property previously described for
gathering data needed for the transportation project
noted above.
3. The purpose for such entry onto the property is to take
boring samples of soil and possibly ground water to
determine whether the site has been contaminated by
hazardous substances.
II. I also understand that in consideration for granting
permission to enter our property, the Department of
Transportation will:
l. Retain a qualified contractor for taking geological
samples at the above mentioned site for laboratory
analysis for the following contaminates: Hydrocarbons,
metals and solvents.
EXHIBIT "A"
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PERMIT TO ENTER
June ll, 1992
Page 2
2. Require the contractor to coordinate the testing with
the operator's schedule. Unless objected to by the
operator, the testing will be performed during normal
business hours.
Forty-eight (48) hours notice will be given to the
operator prior to entry upon the property.
3. In accepting this Permit to Enter, agree, insofar as it
may legally do so, that it will repair and restore or
pay the cost of repairing and restoring any property
damaged as a result of work done by the Department of
Transportation or the Department of Transportation's
contractor and will insofar as it may legally do so,
indemnify and save harmless the undersigned against all
claims, demands, suits, judgments, expenses and costs
on account of injury to or death of persons or loss of
or damage to property arising out the performance of
such work by the Department of Transportation or the
Department of Transportation's contractor. This
agreement of indemnification does not extend to any
property damage the undersigned may have suffered by
reason of hazardous waste on the property. Nor does it
indemnify the owner(s) from any liability as a
consequence of the presence of hazardous waste on the
property.
Ill. It is understood that if the Department of Transportation
discovers the presence of contamination on the property
through the tests described herein or from other sources,
further testing may be required to determine the extent of
the contamination. That testing may be required by the
Water Quality Control Board, the Department of Health
Services, or other regulatory agencies. It is further
agreed that the Department of Transportation or its
authorized contractor has the right to enter for further
testing, for a period of one (1) year from the date of the
signing of this permit. The procedure for notification for
subsequent testing is referred to in Section II (2) of this
document.
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PERMIT TO ENTER
June 11, 1992
Page 3
IV. On the basis of the above, a Permit to Enter is hereby
granted to enter the property previously described for the
purposes stated with the understanding that this Permit to
Enter is not a waiver of the right to compensation for such
property or any remedy authorized by law to secure payment
therefor.
By Date
W. R. :oor.cnm, MAYOR
CITY OF SAN BERNARDINO
.
RECOMMENDED FOR APPROVAL:
By
RONALD L. WANEE
Right of Way Agent
ACCEPTED:
STATE OF CALIFORNIA
Department of Transportation
By
By
LINDY K. LEE
Chief, Acquisition Branch
Right of Way
WILLIAM B. DAY
Deputy District Director
Right of Way
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