HomeMy WebLinkAboutPW Caltrans Maintenance Agreement Amendment____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: August 19, 2024
Disposition: Rescinded Resolution 15306 and Adopted Resolution 15334
Agenda Item No: 4.b
Meeting Date: August 19, 2024
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: April Miller, Public Works Director City Manager Approval: ______________
TOPIC: CALTRANS MAINTENANCE AGREEMENT AMENDMENT
SUBJECT: RESCIND RESOLUTION 15306 AND ADOPT RESOLUTION APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE
SUPPLEMENTAL FREEWAY MAINTENANCE AGREEMENT WITH CALTRANS
RECOMMENDATION:
Rescind Resolution 15306 and adopt a resolution approving and authorizing the City Manager to execute
Amendment No. 1 to the Supplemental Freeway Maintenance Agreement with Caltrans.
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.
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.
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.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
At the June 17, 2024 City Council meeting, the City Council adopted Resolution 15306 (Attachment 2),
approving and authorizing the City Manager to enter into an amendment to the Maintenance Agreement
(“Amendment No. 1”, Attachment 4) to account for upcoming changes in the configuration of these
intersections.
ANALYSIS:
Due to a clerical error, a revised version of Exhibit A to Amendment No. 1 (“Exhibit A”, Attachment 5),
which Caltrans and the City had negotiated and intended to include as part of the Amendment No. 1 was
not included as part of Resolution 15306 at the June 17, 2024, City Council meeting.
Staff recommends that Resolution 15306 (Attachment 2) be rescinded and a new Resolution (Attachment
1) including the revised Exhibit A (Attachment 5) be adopted. Revised Exhibit A removes an area of
approximately 185 square feet from City maintained roadway and associated infrastructure elements that
was originally included in the Resolution 15306 Exhibit A. Moving forward, this area will be maintained
by Caltrans as it is located adjacent to Caltrans right-of-way.
FISCAL IMPACT:
The maintenance costs associated with Amendment No. 1 are included in the annual Public Works Park
and Landscape Maintenance Program budget.
ENVIRONMENTAL ANALYSIS:
This action is exempt from the requirements of the California Environmental Quality Act (CEQA) in
accordance with CEQA Guidelines Section 15378(b)(5), in that the action does not meet CEQA's
definition of a “project,” because the action does not have the potential for resulting in either a direct
physical change in the environment or a reasonably foreseeable indirect physical change in the
environment.
OPTIONS:
The City Council has the following options to consider on this matter:
1. Rescind Resolution 15306 as adopted on June 17, 2024, and adopt the new resolution with
revised Exhibit A.
2.Direct staff to return with more information.
RECOMMENDED ACTION:
Rescind Resolution 15306 and adopt a resolution approving and authorizing the City Manager to execute
Amendment No. 1 to the Supplemental Freeway Maintenance Agreement with Caltrans.
ATTACHMENTS:
1. Resolution
2.Resolution 15306
3.Existing 1962 Maintenance Agreement
4.Amendment No. 1
5. Revised Exhibit A – Layout of Maintenance Agreement Area
RESOLUTION NO. 15334
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL RESCINDING RESOLUTION
NO. 15306 AND 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, at the June 17, 2024 meeting, City Council adopted Resolution 15306,
approving and authorizing the City Manager to enter into Amendment No. 1 to the
Supplemental Freeway Maintenance Agreement in the City of San Rafael (“Maintenance
Agreement”); and
WHEREAS, Caltrans and the City revised Exhibit A associated with Resolution 15306.
The revised Exhibit A was not included in Resolution 15306 at the June 17, 2024 meeting;
and
WHEREAS, Resolution 15306 shall be rescinded and readopted as this Resolution; and
WHEREAS, 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 (the “Project”) requiring maintenance; and
WHEREAS, Caltrans and the City have an existing Maintenance Agreement in place that
was signed in 1962 based on the existing roadway layout; and
WHEREAS, Amendment No. 1 would modify the Maintenance 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 Amendment No. 1 that includes
the layout shown on Exhibit A; and
WHEREAS, the City and Caltrans agree that the City will perform maintenance as
described in Amendment No. 1 of the Maintenance 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 rescinds Resolution No. 15306 and approves and
authorizes the City Manager to execute Amendment No. 1 to the Supplemental
Freeway Maintenance Agreement with the State of California Department of
Transportation 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 hereby 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 19th day of August 2024, by the
following vote, to wit:
AYES: Councilmembers: Bushey, Kertz, Llorens Gulati & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Hill
Lindsay Lara, City Clerk
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.
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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
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LEGEND
AREA TO BE THE CITY MAINTAINED BY
C. tyMa I ntAg => 04-0K8004_ I ~eeExhib[t West.dgn
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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
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