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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: March 19, 2025
To: Honorable Mayor and City Council Members
From: Bill Gallardo, Interim City Manager;
Kenneth Chapa, Director of Economic Development
Department: Economic Development
Subject: Right of Entry Agreement with BNSF Railway Company (Ward 1 and 6)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve a Right of Entry Agreement with BNSF Railway Company; and authorize the City Manager to execute the Right of Entry Agreement in order to carry out certain maintenance and improvement obligations related to the BNSF Ono Lead Track Extension Project Completion Agreement.
Executive Summary
The Right of Entry Agreement will allow BNSF Railway Company to enter onto City- owned property and public right-of-way for the purpose of fulfilling the terms of the Ono Lead Track Extension Project Completion Agreement associated with Real Property Street Vacation No. 15.30-434. The permitted uses will include access to and across the various segments of land to allow for improvements to be completed as well as the temporary storing of construction materials and equipment. The Agreement will automatically terminate three years from the date of commencement.
Background
BNSF Railway Company intends to install a fourth lead track extending BNSF’s San Bernardino Intermodal Facility lead track to the two existing Ono Storage Sidings.
Expanding the storage sidings involves the installation of track components and facilities within and along approximately 4.3 miles of the existing corridor, generally from the BNSF overpass at State Street/University Parkway to the Intermodal Facility at W 5th Street on the south. These storage sidings are used to temporarily store freight cars and trains, allowing for the loading and unloading of cargo while limiting interruption of service from other trains accessing the same line. The City of San Bernardino and BNSF Railway Company memorialized the future improvements 2 5
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associated with Street Vacation 15.30-434 via a Completion Agreement.
On June 1, 2022, the City certified the Environmental Impact Report, while also approving the associated Mitigated Monitoring and Reporting Program. These actions approved Resolution No. 2022-103, also known as Real Property Street Vacation No.
15.30-0434, which vacated portions of “I” and “J” Streets. The Right of Entry Agreement will provide the mechanism for the completion of the required improvements associated with Street Vacation No. 15.30-434; thus, satisfying the terms and conditions of the Completion Agreement.
Discussion
The Lead Track Project is not intended to increase train capacity, but would close the gap between the two existing Ono Storage Sidings, creating a continuous lead track and improving the flow of trains in and out of the San Bernardino Intermodal Facility.
The impacted areas, attached herein as Exhibit A, consist of the following areas:
T101: Portions of Cajon Blvd south of Medical Center Drive to construct guard rail T102: Portions of Cajon Blvd south of Mt Vernon Ave to construct guard rails and to install storm drainage
T103: A portion of the southeast intersection of Cajon Blvd and Highland Ave to install drainage
T104: A portion along Massachusetts Ave to construct security fencing and storm drainage
T105: The corner of W 17th Street and N J Street to construct a sound wall T106: Portions of W Evans Street, W 15th Street, Magnolia Ave West, W 14th Street, and North I Street to install utilities and street realignment T107: A portion along Baseline Street to construct security fencing and storm drainage
T108: Portions of W 11th Street to install utilities and street realignment and portions of W Olive Street and W 10th Street to install utilities and street realignment T109: A portion of W 9th Street to construct security fencing and storm drain trench and a portion of W 8th Street and W 7th Street to install utilities and street realignment
T110: A portion from W 6th Street through W 5th Street to construct security fencing These improvements are required to fulfill the terms of the Completion Agreement (Exhibit B) associated with the City of San Bernardino Street Vacation No. 15.30-434, also known as the ”I” Street BNSF Ono Lead Track Extension Project, approved by the Mayor and City Council on July 27, 2022, via Resolution No. 2022-103. 2021-2025 Strategic Targets and Goals
Authorizing the Right of Entry Agreement with BNSF Railway Company aligns with Key Target No. 2b: Evaluate operations and performance, investment in resources, technology, and tools to continually improve organizational efficiency and effectiveness. The improvements completed under the terms of the Completion 2 5
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Agreement will provide added safety measures for area residents, improve utility infrastructure, and reduce noise pollution through the installation of sound barrier walls.
Fiscal Impact
There is no General Fund impact associated with this action.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve a Right of Entry Agreement with BNSF Railway Company; and authorize the City Manager to execute the Right of Entry Agreement in order to carry out certain maintenance and improvement obligations related to the BNSF Ono Lead Track Extension Project Completion Agreement.
Attachments
Attachment 1 - Right of Entry Agreement, Exhibits A & B Attachment 2 - Resolution No. 2022-103 (Street Vacation No. 15.30-434) Ward:
First Ward; Sixth Ward
Synopsis of Previous Council Actions:
June 1, 2022 The Mayor and City Council approved Street Vacation No. 15.30- 434, outlining the Completion Agreement terms associated with the “I” Street BNSF Ono Lead Project Street Vacation.