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Home My WebLink AboutPW Caltrans Maintenance Agreement____________________________________________________________________________________ FOR CITY CLERK ONLY Council Meeting: June 17, 2024 Disposition: Resolution 15306 Agenda Item No: 4.n Meeting Date: June 17, 2024 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public Works Prepared by: April Miller, Public Works Director City Manager Approval: ________ TOPIC: CALTRANS MAINTENANCE AGREEMENT SUBJECT: RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE SUPPLEMENTAL FREEWAY MAINTENANCE AGREEMENT WITH CALTRANS RECOMMENDATION: Adopt the resolution authorizing the City Manager to execute Amendment No. 1 to the Supplemental Freeway Maintenance Agreement with the State of California Department of Transportation (Caltrans) to maintain portions of Manuel T. Freitas Parkway and Civic Center Drive within the State right-of-way. BACKGROUND: A Supplemental Freeway Maintenance Agreement (Agreement) was executed between the State of California through the Department of Transportation (Caltrans) and the City of San Rafael (City) in 1962 for maintenance adjacent and within the State right of way at the Manual T. Freitas overcrossing. Attachment number 2 is the original agreement with Exhibit A that shows the layout of the areas the City agreed to maintain over the state right-of-way. Caltrans and cities are authorized to enter into an Agreement for improvements to the State Highway System per the California Streets and Highways Code, Sections 114 and 130. The Caltrans-owned intersection of Manuel T. Freitas Parkway (Freitas Parkway) and US 101 North ramp where vehicles exiting on the highway currently flow freely with no stop sign or traffic signal, which causes confusion for vehicles trying to make turning movements across these vehicle movements. Northbound vehicles exiting from US 101 go straight through or turn right at the intersection without stopping. Vehicles from Freitas Parkway either stay right to merge onto US 101 north or yield to on-coming vehicles before making a left turn to the next intersection of Freitas Parkway/ Redwood Highway/ Civic Center Drive, where Freitas is uncontrolled, and Redwood Highway and Civic Center Drive is stop-controlled. These intersections are non-standard and there is a history of collisions. Further, the intersections are challenging for bicyclists and pedestrians to navigate. A bus stop for Golden Gate transit routes at the on-ramp is only accessible by stairs and a narrow sidewalk. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 Caltrans Project No. 0416000141 is proposing improvements to the two intersections, including a new roundabout and a relocated bus stop at the Freitas Parkway/ Redwood Highway/ Civic Center Drive intersection that will include a refuge island for vehicles from Freitas waiting to merge. These changes will improve traffic flow and make these busy intersections safer and more straightforward for motorists, bicyclists, and pedestrians. At the August 1, 2022, City Council meeting, the City Council approved a Cooperative Agreement to contribute funding for the project delivery. Over the last couple of years, Caltrans has worked on completing the design and purchasing additional right of way to complete the project. The project is now fully funded and expected to go out to bid for construction this summer. ANALYSIS: Due to the upcoming changes in the intersection configuration, Exhibit A shows the original roadway maintenance area which needs to be changed to reflect the new modified area. The proposed Amendment No. 1 to the Agreement would match the proposed layout. The proposed Exhibit A attached to the Amendment would result in approximately the same area the City currently maintains. COMMUNITY OUTREACH: This project has been presented to the City Council on November 1, 2021, and August 1, 2022. In addition to the City Council presentations, this project has also been presented to the City’s Bicycle and Pedestrian Committee (BPAC) in 2021 and 2022. In addition, Caltrans held a virtual community meeting in March 2022. The project has undergone several iterations of design in response to community comments. The current design was shared with key stakeholders before being completed. FISCAL IMPACT: The maintenance costs associated with this Agreement are included in the annual Public Works Park and Landscape Maintenance Program budget. OPTIONS: The City Council has the following options to consider on this matter: 1. Approve the resolution. 2. Adopt the resolution with modifications. 3. Direct staff to return with more information. RECOMMENDED ACTION: Adopt the resolution authorizing the City Manager to execute Amendment No. 1 to the Supplemental Freeway Maintenance Agreement with the State of California Department of Transportation (Caltrans) to maintain portions of Manuel T. Freitas Parkway and Civic Center Drive within State right-of-way. ATTACHMENTS: 1. Resolution 2. Existing 1962 Maintenance Agreement 3. Draft Amendment No. 1 4. Exhibit A- Layout of Maintenance Agreement Area RESOLUTION NO. 15306 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE SUPPLEMENTAL MAINTENANCE AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORATION (CALTRANS) FOR MAINTENANCE OF PORTIONS MANUAL T. FREITAS PARKWAY AND CIVIC CENTER DRIVE WITHIN STATE RIGHT-OF-WAY WHEREAS, Caltrans as the State of Department of Transportation (Caltrans) generally does not maintain local city streets within the State right-of-way; and WHEREAS, portions of local streets Manual T. Freitas Parkway and Civic Center Drive within and adjacent to State right-of-way will be improved with a new roundabout per Caltrans Project No. 0416000141 (Project) requiring maintenance; and WHEREAS, Caltrans and the City have an existing Supplemental Freeway Maintenance Agreement (Agreement) in place that was signed in 1962 based on the existing roadway layout; and WHEREAS, Amendment No. 1 would modify the Agreement to match the layout of curbs, gutters, retaining walls, sidewalks, asphalt pavement, and striping after the Project is constructed; and WHEREAS, Caltrans is requiring the City to maintain those roadway infrastructure elements as more fully described in the Staff Report and draft Amendment No. 1 that includes the layout shown on Exhibit A; and WHEREAS, City and Caltrans afreet that the City will perform maintenance as described in Amendment No. 1 of the Agreement; NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND that the City Council of the City of San Rafael, State of California, does hereby resolve as follows: 1. The City Council herby approves and authorizes the Cty Manager to execute Amendment No. 1 to the Supplemental Freeway Maintenance Agreement with the State of California Department of Transportation (Caltrans) for maintenance of portions Manual T. Freitas Parkway and Civic Center Drive within State right-of- way, subject to final approval as to form by the City Attorney. 2. The Director of Public Works is herby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Monday, the 17th day of June 2024, by the following vote, to wit: AYES: Councilmembers: Bushey, Hill & Mayor Kate NOES: Councilmembers: None ABSENT: Councilmembers: Kertz & Llorens Gulati Lindsay Lara, City Clerk SUPPLEMIDJTAL FREE"wAY M'.AINTErrnwon: AGPJ?.EM'.eNT TH.IS AGREEMElfl', made and entered into.,· in duplicate., this z& day of ~/A"' ,. 1962P by and between the State --;--·-q_7 o.f Oalifor-.n:J.a, acting by and through the Department of Public Works., Division of Highways, hereinafter for convenience referred to e.a "the Staten, and the City of San Rafael, heroinafter for eonvenie11ce referred to as "the City", witnesseth: • WHEREAS, on February 10.11 1959., a Freewa.y Ag:raement was ,,-···· ( executed between the County of Marin and the State relating to the deyelopment as a freeway, of a portion of State Highway ~oute 1, within the limits of the County of' Marin, and WHEREAS, under the provisions of. said Freeway Agreement., the County agreed to certain adjustments in the County road system, and for the carrying of certain roads over or under or to a connection with the freeway, and w1iEREAS, • the City has annexed certain areas covered by said . -( Freeway Agreement with the County of Marin and has thereby taken ·-.... ~---· • over control and maintenance of certain County roads, hereinafter referred to as City streets, and _ WHEPiEAS~ said freeway has now been completed or is nearing completion, and the parties mutually desire to clarify the division o.f maintenance responsibility as to separation structures, and Clty streets or portions thereof, and landscaped areas, within the f'reeway limits, and WIIBREAS, on June 23, 1952, a Freeway Maintenance Agreem~nt -----Mas-exe~etween the---Count¥--S,nd th~ State wherein the County NOW THEREJi'ORE, IT IS AGREKD: 1. RO.tlDWAY SECTIONS '[he Ci t;y-· will maintain, at City e-xpenDe, all portione of colored 1n J/ellow on the attacrL)d ma:p marked Exh1bit :1A 11 and made a p2rt hcr·eof by this PefE~rence. The .State i.-iill matntai.n_, at Stat,~ expen2;e, the: entire rd:;ructure be low th0 top of tho concrete dc:c1c ::,ur:face; exclu;3ive of any bihuninous nurf·ace treatment thereof'. 'I'hc City will m~intain, a.t City expense, the t,;c;p of the concrete decb: su1,face, together with any bit:_:uninous eurface trsat:ment thereon, and all portions of the structure above the concr,3te deck surface, and shall perf'onn such other work a::, may be neces~ary to insure an in1peT'Vious and otherwise suitable surface. '.l'he City will also maintain all tro.ffic service facilitie~ pr-ovided for the benefit or control of city street traffic. - 3. VEHICULAR m-mKB.CROSSTIJGS _ _ _______ f D=-~ _S_t_· ~t~ will maintain the structure proper. The roadway section, :tncludin2; the tr2.veled wayy shoulders_. curbs, sidewalks, walls, drainage 1nztallation3 and traffic service facilities$ and all water lines except those incascd within the walls, deck or floor or tho structure~ vlill be maintainGd by the City. 4. PEDESTRIAN OVEROROSSINGS Except for da.111ag,e to the ~tP.Ueture resulting from freeway vehicular traffic, the City will maintain pedestrian overorossinga in their entirety. 5., • PEDESTRIAN UliDERCROSSINGS The State will maintain the structure .rroI11 a structural etandpoint. The City will maintain all drainage and lighting insta1lation3 1 and all water lines except those ·1ncased within the walls.,'. d.eok or :rloor of the structure. The City will also ,be .,,~-" ( reeporudble fo1• all cleaning and painting as may ·be required to keep the structure free of debris a..~d obBcenity. 6. LANDSCAPED AREAS All plantings or other types or roadside development within the freeway limits and aolore-d in yellow on Exhibit "A'' w:111 be . maintained by the City.· 7. The purpose of thie Agreement i~ to delineate the extent or City's maintenanoe responsibilit~e~ with respect to c· areas within the freeway limits that have been annexed to the Oity., 8. EFFEC'ffV& DATE Thia agreem~nt shall be effective upon the date of ita execution by the State; it being underatood and agreed, howevar, that the execution ot this Agreement shall not effect any pre- existing obligations of the City to maintain designated areas pursuant to prior written notioe from the State that work in ·aueh ai-eae, which the City has agreed to maintain pursuant to the te1--ma ot said Freeway Agreement, has beeri completed. Approval Recommended ~--~:· Maint~nance Engineer =7 Approval as to Form ~ &AJ!◄-L -- Attomay for Department Attorney STATE OF CALIFOfilUA DEPART"JJENT OF PUBLIC WORKS DIVISION OF HIGifwAYS • J. C. WOMACK . STATE HIGifwAY ENGINEER BY ~ 4_ 4a-A • De put:, State H1ghWay Engineer . · .. : ·, ... •-, , .· RESO·LUT!ON NO. / # •• I i ' -------· RESOLUTION OF THE CITY comrcIL OF THE CITY OF SAN RAFAEL APPROVING SUPPLEMENTAL FREEWAY t1A.INTENANCE AGREEMEr~T WHEREAS, the .State of California, through its Department or Publio Works, Division of Highways, haa presented an agre~ment entitled "Supplem~ntal Freeway H-::1.intenance Agreement" which concerns State Highway Route 1, in the City o.f San Ra.fael in the vicinity of Freitas Parkway, and WHEREAS·., the · City Council ha.a heard read said agreem~nt in full and is f'amil.1.a.r with the contents th_ereo.f; THEREFORE, be it resolved by the City Council o:f the City of San Rafael, that said Supplemental Freeway Maintenance Agreement be and the same is hereby approved and the Mayor and the City Clerk are directed to execute the same on behalf of said City. \ ADOPTED THIS ., 1 ,, DAY OF ./ L-i ,. , 1962. Attest: ;r hereby certify that the .foregoing resolution was duly and regularly passed by the City Council of .the City of San Rafael at a regular meeting thereof held . ' .. / , " , 1962. ------·------------... -----·----·· \ ! E&T-f MC~~ I ~~E]~~cn S~E,ET OF-~~ --~---- l 9 G2 LOCATION LIMITS l --------------~-----------------:----___;,.------------~-- I I\ ~ r , 0 n I C , ' \,! • ' . (.. ·-..> ..._., r-," G r c t I •· I FREE\JV/.\Y LI M_!_I_/ ----·---------·· /\re o to be n1ointained by City L .---.. I I / / / LO C /-.Tl ON NC.I I :L\11 Area to be <$,. ,r R . .t,::,,::,· .:1 , .9c'"?c'i:7/• T. 4'/7.ct?, L. c.rs..54· --~ ~ '~~ -s- "'--.., _ ~ ·., maintained by City ~ II? & c,, -,,.o f~ .. FREEWAY LIMIT / ' i' ,,.>,.~·~--<' • -~..S> .. C>_ . cl~-~- .• '5'"3'-~> .... LOCATION EXHIBIT Draft 2-22-24 04-Mrn 101 PM 13.7 1 AMENDMENT NO. 1 TO SUPPLEMENTAL FREEWAY MAINTENANCE AGREEMENT IN THE CITY OF SAN RAFAEL This Amendment No. 1 to the Supplemental Freeway Maintenance Agreement in the City of San Rafael is made and entered into by and between STATE of California, acting by and through the Department of Transportation, hereinafter referred to as “STATE”, and City of San Rafael, hereinafter referred to as “CITY” and collectively referred to as “PARTIES”. WITNESSETH: WHEREAS, a Supplemental Freeway Maintenance Agreement in the City of San Rafael”, hereinafter referred to as “AGREEMENT”, was executed by CITY on May 7, 1962, and WHEREAS, CITY desires to maintain improvements to be constructed under Project No. 0416000141 on Route 101 at Manuel T. Freitas Parkway overcrossing in the City of San Rafael; consisting of roundabout island, landscaping, retaining walls, and sidewalk, etc); and WHEREAS, PARTIES hereto now mutually consent that AGREEMENT be amended. NOW, THEREFORE, PARTIES agree to add retaining wall article below and replace the entire Exhibit A of AGREEMENT and shall become a part of AGREEMENT for all purposes. 1. RETAINING WALLS- CITY is solely responsible for the wall in its entirety but not limited to: structural adequacy, debris removal, cleaning and painting to keep wall structure free of debris, dirt, and graffiti. TERM OF AGREEMENT AMENDMENT - This Amendment shall become effective on the date as shown below and shall remain in full force and effect until amended or terminated at any time upon mutual consent of PARTIES or until terminated by STATE for cause. PARTIES are empowered by Streets and Highways Code section 114 and 130 to enter into this Amendment and have delegated to the undersigned the authority to execute this Amendment on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Amendment. Draft 2-22-24 04-Mrn 101 PM 13.7 2 IN WITNESS WHEREOF, PARTIES hereto have set their hands and seals the day and year first above written. CITY OF SAN RAFAEL STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION _____________________________ By: City Manager ATTEST; By _________________________________ _____________________________ LEAH BUDU Date CITY Clerk Deputy District Director Maintenance- District 4 _____________________________ CITY Attorney LEGEND AREA TO BE MAINTAINED BY THE CITY PROJECT MAINTENANCE AGREEMENT WITH CITY OF SAN RAFAEL SAN RAFAEL VICINITY MAP NOT TO SCALE Dist COUNTY ROUTE 04 Mrn 101 POST MILES TOTAL PROJECT 13 . 7 EXHIBIT II A II SHEET 1 OF 3 February 23, 2024 "' CL SC,-"' .,- 0 .,- A II C u.J ~ '.:3 CL u.J ~ >- .,- N 0 N ' N N ' N A " C u.J >->- '.:3 CL ~ <t ~--------------------------------------------------------------------------------~c DGN FILE=> 04-0K8004_CityMaintAgreeExhibit Vicinity.dgn LEGEND AREA TO BE THE CITY MAINTAINED BY C. tyMa I ntAg => 04-0K8004_ I ~eeExhib[t West.dgn " -50' SCALE: 1 - ..> 0 ..> \ \ \ ........ ______ "",l..,___ )> s::: -I n I r z --rr, 2 OF 3 SHEET 23 2024 February ' ~ <t c::, LEGEND * CITY IS RESPONSIBLE FOR STRUCTURAL AND AESTHETIC MAINTENANCE OF RETAINING WALLS WITHIN AREA INDICATED. AREA TO BE MAINTAINED BY THE CITY CITY R/W --- MAINTENANCE WITH CITY OF *RETAINING WALLS ----- AGREEMENT SAN RAFAEL SCALE: 1" = 50' Dist COUNTY ROUTE 04 Mrn 101 EXHIBIT POST MILES TOTAL PROJECT 13 . 7 II A II SHEET 3 OF 3 February 23, 2024 "' CL "' "" e-- "' "' A II C u.J ~ '.:3 CL u.J ~ >- "" N 0 N ' N N ' N A " C u.J >->- '.:3 CL ~ <t ';:;D-;:;-GN;-;F:-;;-IL-;:-E -=-=~> 0:;:-4--;;-0-;;-;:K8:;;;00;-;-4_-;:-C-:--;-i t::'.yM::-Cai-=-nt:-;-Ag::-:c::-:ee-;-:-Ex:;:-h i,:-b-:--;-i t--;-E-::as7t .-:-dg::-n ___________________________________________________________________________ __J c