Economic Development Committee City of Rialto Regular Meeting Council Chambers 150 S. Palm Ave. Rialto, CA 92376 8:00 AM Wednesday, June 27, 2018 CALL TO ORDER ROLL CALL REVIEW/APPROVAL OF MINUTES 1 18-634 EDC Minutes - April 25-2018 Attachments: REVIEW/MODIFICATION OF AGENDA ITEMS FOR DISCUSSION PRESENTATIONS 1 Renaissance Marketplace/Specific Plan Area update by Lewis Hillwood 2 Renaissance Plaza Retail Center Update from Ayala and 210 Partners REPORTS/DISCUSSION ITEMS 1 18-632 Request EDC to Consider Amendment #2 to Exclusive Right to Negotiate Agreement with NewMark Merrill for the Development of Approximately 15.5 Acres of Property located west of Riverside Avenue and north of Valley Boulevard. (ACTION) Maps and Plans Attachments: 2 18-603 Recommend Entering into a Pre-Development Reimbursement Agreement of $50,000 with Time For A Change Foundation Exhibit A - Downtown Parcels1 Attachments: 3 18-619 Request Economic Development Committee to Receive the Current Capital Improvement Program Status Report and Grant Activities Update. Copy of CIP MILESTONE DATES FINAL (automated)-lrs 6-21-18 Attachments: Page 1 Printed on 6/25/2018
76
Embed
City of Rialtoyourrialto.com/wp-content/uploads/2016/05/EDC-packet-6-27-18.pdf · 6/27/2018 · Lynn Merrill, from Lynn Merrill & Associates, Inc., presented the item with Lieutenant
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
Economic Development Committee
City of Rialto
Regular Meeting
Council Chambers
150 S. Palm Ave.
Rialto, CA 92376
8:00 AMWednesday, June 27, 2018
CALL TO ORDER
ROLL CALL
REVIEW/APPROVAL OF MINUTES
1 18-634
EDC Minutes - April 25-2018Attachments:
REVIEW/MODIFICATION OF AGENDA ITEMS FOR DISCUSSION
PRESENTATIONS
1 Renaissance Marketplace/Specific Plan Area update by Lewis Hillwood
2 Renaissance Plaza Retail Center Update from Ayala and 210 Partners
REPORTS/DISCUSSION ITEMS
1 18-632 Request EDC to Consider Amendment #2 to Exclusive Right to Negotiate
Agreement with NewMark Merrill for the Development of Approximately
15.5 Acres of Property located west of Riverside Avenue and north of
Valley Boulevard.
(ACTION)
Maps and PlansAttachments:
2 18-603 Recommend Entering into a Pre-Development Reimbursement Agreement
of $50,000 with Time For A Change Foundation
Exhibit A - Downtown Parcels1Attachments:
3 18-619 Request Economic Development Committee to Receive the Current
Capital Improvement Program Status Report and Grant Activities Update.
Copy of CIP MILESTONE DATES FINAL (automated)-lrs 6-21-18Attachments:
I. Call to Order/Roll Call by Mayor Robertson 1:17 PM
EDC MEMBERS PRESENT:Deborah Robertson, MayorEd Scott, Mayor Pro Tem
CITY/AGENCY STAFF PRESENT:Robb Steel, Interim City AdministratorJohn Dutrey, Project ManagerRobert Eisenbeisz, City Engineer/Public Works DirectorGina Gibson-Williams, Planning ManagerFred Galante, City Attorney, Aleshire & Wynder, LLP
II. Review/Approval of Minutes -- January 31, 2018 & February 28, 2018
Minutes from both meetings were adopted and submitted for file.
III. Review /Modification of Agenda Items for Discussion
None
IV. Presentations
A. LHR Retail Leasing Update and Renaissance Specific Plan Update
Rick Manners from Lewis Companies showed an updated drone footage over the Rialto Marketplace.
EDC COMMENTS/RECOMMENDATIONS:Mayor Robertson discussed opening dates. She said that another Council Member observed pine trees blocking the east bound sign. She asked if they had discussed this with Caltrans. Mr. Manners said he would review.
B. Storage – Pacifica Company
Use of former Walmart Building - Panka Mahajan with Pacifica Company and his leasing manager presented the item as indicated in the staff report.
EDC COMMENTS/RECOMMENDATIONS:Mayor Pro Tem Scott is not happy to have received the market study on the day of the meeting. He asked Police Lieutenant Smith to speak about prior incidents at other storage facilities. Mayor Pro Tem Scott stated that he would not support the storage facility. Mayor Robertson asked how it would benefit the City other than additional people to the site, but may not shop at the retail facilities. She agrees with Mayor Pro Tem Scott.
V. Reports/Discussion Items
1. 18-392 Review Current Truck Routes.
Public Works Director Eisenbeisz and Planning Manager Gibson-Williams presented the item as indicated in the staff report.
EDC COMMENTS/RECOMMENDATIONS:Mayor Robertson stated that it was her desire to restrict truck access on Ayala Drive from Baseline Avenue to the I-210 Freeway. Mayor Pro Tem Scott was concerned about Ayala Drive being so narrow if it were to be a truck route. Mayor Robertson and Mayor Pro Tem Scott the process to eliminate the truck route between the I-210 Freeway and Baseline Avenue. Planning Manager Gibson-Williams said it is a General Plan Amendment to the Circulation Element.
Mayor Robertson said include the impact or concern if it were to change. Mayor Robertson asked when the next General Plan update would occur. Planning Gibson-Williams said 2020. Mayor Robertson asked about doing a moratorium to address restricting truck traffic for a limited time. Planning Gibson-Williams said the City Council could consider an Urgency Ordinance. Mayor Robertson and Mayor Pro Tem reassured restricting truck routes does not apply to deliveries for businesses in that area.
2. 18-385 Considering Extending the escrow period related to the County Property at Southwest corner of Casmalia Avenue and Alder Avenue.
Archie Davenport and Ken Hira from Kosmont Companies presented the item, as well as Project Manager Dutrey, as indicated in the staff report.
EDC COMMENTS/RECOMMENDATIONS:Mayor Robertson asked about using proceeds from the Cracker Barrel sale to cover the property purchase. Interim City Administrator Steel said it would cost $4.6 million, whichthe City would borrow from General Fund reserves and later repaid. There are some options to explore. Interim City Administrator Steel stated that staff would provide an update at a future Economic Development Committee meeting.
3. 18-388 LS-1 Option E, Energy Efficiency-Light Emitting Diode with SCE.
Amy Crow, Public Works Administrative Analyst, presented the item as indicated in the staff report.
EDC COMMENTS/RECOMMENDATIONS:Mayor Pro Tem Scott asked staff to present two alternatives for the City Council to consider.Mayor pro Tem Scott wants to know the cost to put lights in a certain area of Bud Bender’s Park. City Attorney Galante said that Edison did not provide enough information. Public Works Director Eisenbeisz suggested Edison come back to explain better.
4. 18-384 Consider release of City deed at 130 S. Willow Avenue (former McNearnyFuneral Home)
Property owner representatives presented the item, as well as Project Manager Dutrey and Planning Manager Gibson-Williams, as indicated in the staff report.
EDC COMMENTS/RECOMMENDATIONS:Mayor Pro Tem Scott suggest the property owner meet with staff to research eligible use of the property. City Attorney Galante suggested that as a condition of releasing interest, theowner or buyer present to the City options for reuse of the property. Mayor Robertson alsosaid, as part of the condition of release, she would like the building official to do an assessment of the building and to see if there is any damage. Lieutenant Smith asked if the owner could post “No Trespassing” signs. He will work with them to get signs posted. Interim City Administrator Steel will follow up with the owner and do some research on past information. Mayor Pro Tem Scott said that if the buyer bows out then we retain our right to refusal.
5. 18-388 Proposed Street Sweeping Enforcement Program
Lynn Merrill, from Lynn Merrill & Associates, Inc., presented the item with Lieutenant Smithand Administrative Analyst Crow as indicated in the staff report.
EDC COMMENTS/RECOMMENDATIONS:Mayor Pro Tem Scott does not support this project. City Attorney Galante said that there used to be a vehicle code section regarding cameras on street sweepers. Mayor Robertsonasked how we are doing on compliance. Mayor Robertson said that maybe this should be tabled until after June. She said that she would not advocate eliminating this program. Mayor Pro Tem Scott proposed installing signs but not issue tickets. Administrative AnalystCrow suggested purchasing the phone application. Mayor Pro Tem Scott said he supportsa proactive program, but not a program just to issue tickets.
Mayor Robertson said to move forward with the phone application and table the item. Administrative Analyst will have Burrtec conduct another count to determine parking movement. Mayor Robertson instructed Public Works Director Eisenbeisz to write a letter to all of the entities that we require them to adhere to the environmental rules. City Attorney Galante will research enforcement guidelines if entities do not adhere to the environmental rules.
6. 18-393 Review the Current Capital Improvement Program
Public Works Direct Eisenbeisz and Lan Saadatnejadi, a city consultant, gave a presentation as indicated in the staff report.
EDC COMMENTS/RECOMMENDATIONS:Mayor Robertson asked for an update on Frisbie Park. Mayor Robertson stated it was important to retain someone to assist staff on coordinating projects and the timelines to complete a project. Mayor Robertson said that she wants to see a process. Mayor Pro Tem Scott talked about the importance of getting projects from point A to point B. Public Works Director Eisenbeisz said bringing items to EDC assists updating members on projects. Mayor Robertson wants to connect the money to the project.
Mayor Robertson also wants information on the fleet inventory. She wants to know the cost to maintain older vehicles. Mayor Robertson wants to see the report on the vehicles that we received from Omnitrans.
7. 18-394 Review the Five Year Capital Improvement Program
Katie Nickel, Public Works Program Coordinator, conducted the presentation.
EDC COMMENTS/RECOMMENDATIONS:Mayor Robertson wants additional description on the funds, such as the date received, amount, and deadline for each grant received. She also wants more updates.
Public Works Director Eisenbeisz wants EDC to review the report before it goes to the CityCouncil. Mayor Robertson wants staff to update EDC on the Frisbie project before going any further.
VI. Adjournment
Meeting adjourned at 5:50 p.m.
City of Rialto
Legislation Text
Council Chambers150 S. Palm Ave.Rialto, CA 92376
File #: 18-632, Version: 1, Agenda #: 1
For Economic Development Committee Meeting [June 27, 2018]
TO: Economic Development Committee
APPROVAL: Robb R. Steel, Interim City Administrator
FROM: John Dutrey, Project Manager
Request EDC to Consider Amendment #2 to Exclusive Right to Negotiate Agreement with NewMarkMerrill for the Development of Approximately 15.5 Acres of Property located west of RiversideAvenue and north of Valley Boulevard.(ACTION)
BACKGROUND:On June 27, 2017, the City Council approved an Exclusive Right to Negotiate Agreement (ERN) withNewMark Merrill (“Developer”) for the development of approximately 15.5 Acres (“Site”) of propertylocated west of Riverside Avenue and north of Valley Boulevard. The City selected the Developerthrough a “Request for Proposals/Qualifications” process.
On January 9, 2018, the City Council approved ERN Amendment #1 extending the termination dateto July 31, 2018.
The Successor Agency owns seven (7) parcels totaling 18.5 acres (“SA Parcel”) between the formerWal-Mart property and the new Wal-Mart Supercenter and Rialto Marketplace. The City proposes todevelop a retail center on 15.5 acres and Fire Station 205 and a community center on 3 acres of theSA Parcel.
The ERN allows the Developer to prepare proposals, conduct feasibility assessments, and marketthe Site to potential users. The ERN confers no development rights, but is simply a good faithstatement of the party’s intention to negotiate a disposition, development agreement (DDA) on termsacceptable to both parties.
ANALYSIS/DISCUSSION:The ERN expires on July 31, 2018, if the parties have not completed a DDA for consideration by theCity Council. If warranted, the City Council can extend the ERN period.
Since July 2017, the Developer and the City have undertaken several tasks to initiate the potentialretail development. The Developer continues to market the site to potential retailers andentertainment uses. The Developer and staff request a six-month extension to January 31, 2019, toallow Developer to obtain retail commitments and submit updated site plans and development pro-formas in order to prepare the DDA for City Council consideration (Amendment #2).
The ERN directed the following primary tasks for the City and Developer with the completed,City of Rialto Printed on 6/22/2018Page 1 of 3
The ERN directed the following primary tasks for the City and Developer with the completed,ongoing, or future activity noted in bold:
City/SA1. Complete title work and ALTA surveys to determine the location of all easements and
encroachments upon the Site. Staff completed title work and obtained ALTA survey. TheALTA survey indicates an active sewer line situated in the center of the Site. The sewerline requires relocation (or accommodation) to allow future development. The City willprepare relocation cost estimates.
2. Complete second year protocol survey for Delhi Flower Loving Sand Fly (DFLSF) to determinepresence of protected species. In September 2017, Ecological Sciences (consultantretained by the City) completed the second year protocol survey and did not discoverpresence of DFLSF. The City will need to commence development before the nextsurvey season or conduct another survey to avoid starting over.
3. Complete appraisal to determine land value for purposes of acquisition from SA anddisposition to Developer. During the Amendment #2 extension, staff will retain aconsultant to appraise the Site as requested by the Developer.
Developer1. Conduct community meeting(s) to receive public input for use of the SA Parcel. On January
18, 2018, the Developer conducted a community workshop at the Grace Vargas SeniorCenter.
2. Identify potential retail, restaurant, and/or entertainment users for the SA Parcel based oncommunity/Council input and market conditions. The Developer continues to market thesite to retailers. The Developer requests to extend the ERN period to continuemarketing efforts and secure retailer commitments.
3. Prepare site plans, preliminary engineering, and financial pro-forma to determine theeconomic feasibility of development. The Developer submitted preliminary site plans(Exhibit A) and preliminary financial pro-forma.
4. Submit for preliminary development review to establish expected conditions of approval.Once the Developer obtains retailer commitments and modifies the site plan, if needed,the Developer proposes submitting entitlement application(s) for staff review.
5. Market the Site to potential users approved by the City. The Developer continues to marketthe Site to potential retailers with input from staff and the Economic DevelopmentCommittee.
6. The Developer makes a Good Faith Deposit of $15,000 to the City (or greater as City andDeveloper mutually agree for additional costs) to insure the Developer proceeds diligently andpaying for legal and consultant costs incurred by the City during negotiations. In August2017, the Developer paid Good Faith Deposit of $15,000.
Staff recommends that the Economic Development Committee recommend that the City Councilapprove Amendment #2 to the Exclusive Right to Negotiation Agreement by and between the City ofRialto and NewMark Merrill extending the termination date to January 31, 2019.
For Economic Development Committee [June 27, 2018]
TO: Honorable Economic Development Committee Members
APPROVAL: Robb R. Steel, Interim City Administrator
FROM: John Dutrey, Project Manager
Recommend Entering into a Pre-Development Reimbursement Agreement of $50,000 with Time ForA Change Foundation
BACKGROUND:Time For A Change Foundation (“TFCF”) is a non-profit organization in the Inland Empire dedicatedto helping homeless women and children to transition to self-sufficiency. RFCF provides emergencyshelters, permeant supportive housing and affordable housing for clients. They have successfullysecured grants from U.S. Department of Housing and Urban Development.
ANALYSIS/DISCUSSION:TFCF approached staff to develop a transitional and permanent housing facility at the northwestcorner of Rialto Avenue and Olive Avenue on a 0.64 acre vacant lot consisting of several parcelsowned by the Rialto Housing Authority (“RHA”) and the Rialto Successor Agency (Exhibit A). Itselected the site since it is adjacent to the Rialto Resource Center (141 S. Riverside) and near publictransit (Omnibus and Metrolink).
The non-profit currently proposes two buildings. The first is a single-unit with about four bedroomsfor transitional housing. The second building is a four-plex as long-term housing until occupantsobtain other permanent housing.
TFCF retained an architect and proposes to retain a civil engineer firm to prepare preliminary site anddesign plans and conduct Phase 1 and soil analysis. If they are successful moving the projectforward, TFCF proposes to submit an entitlement application with the City, purchase the site, developthe site, and operate the facility as an affordable housing project.
An affordable housing agreement between the RHA and TFCF is needed to purchase the site,receive RHA funds and operate the facility. The RHA has about $500,000 of housing bond fundbalance available for the project.
TFCF requests assistance of $50,000 as seed funds to pay consulting services prior to negotiatingan affordable housing agreement. The $50,000 will be included as a residual loan as part of theaffordable housing agreement.
RECOMMENDATION:
Staff recommends that the EDC recommend to the Rialto Housing Authority Board to approve a Pre-City of Rialto Printed on 6/22/2018Page 1 of 2
Staff recommends that the EDC recommend to the Rialto Housing Authority Board to approve a Pre-Development Reimbursement Agreement of $50,000 with Time For A Change Foundation.
For Economic Development Committee [June 27, 2018]
TO: Honorable Economic Development Committee Members
APPROVAL: Robb R. Steel, Interim City Administrator
FROM: Robert G. Eisenbeisz, P.E., Public Works Director/City Engineer
Request Economic Development Committee to Receive the Current Capital Improvement ProgramStatus Report and Grant Activities Update.
BACKGROUND:The City strives to provide its citizenry greater transparency and better accountability for themanagement, development, and delivery of its Capital Improvement Program (CIP). Completing theCIP projects on time, within budget, and on scope is critical to achieving the City’s vision outlined inthe General Plan.
To ensure that projects get completed on time, on budget, and on scope, City will utilize KeyPerformance Indicators (KPIs) to management its CIP. KPIs are specific measures and consist of themost important project goals. They provide a quick glance of the health of a project, helps instantlydiscern the status, and provides a rough guide as to how to navigate the project to success.
In order to know whether a project is on track, staff must first establish the planned values for theKPIs or baselines milestones. Project baselines allow future comparison of actual delivery dates andcosts to baseline delivery dates and costs. Baselines provide transparency and accountability forproject schedules and estimates.
POLICY1) Contents of CIP: City’s CIP shall include indicative information of scope, cost, and schedule
for each project. Whereas scope is the project location and work description, cost is theestimated project cost, and major milestones described in the following item represent theschedule.
2) Major Milestones (KPIs): In the CIP, each project shall include the planned completion datesfor the following major milestones:
- M050 Advertise A&E Contract Request for Proposal (RFP)
The major milestones coincide with the public process in place in the City. The plannedcompletion date expressed in calendar year and quarter (i.e., YY-Q#) allowing reasonableflexibilities in project management.
3) Baselines: The scope, cost, and schedule in the adopted CIP shall be the baselines for CIPprojects. A baseline shall remain the same throughout the budget year and can only be modifiedby Council approved amendments.
4) Quarterly Report: A status report on the delivery performance on the scope, cost, andschedule of the CIP projects shall be prepared and published quarterly, comparing the actualresults against the baseline information. Only the projects that included a baseline schedulecould earn delivery credits. This report is intended to provide an indicator of how well the City hasplanned and delivered its projects.
5) Annual Report: An annual report shall be prepared and published summarizing the annualdelivery performance. Also included in the summary report should be the number of approvedamendments to the baseline scope, cost, and/or schedule clearly accounting for the CIPbaselines and performance results.
CIP BASELINE DELIVERYA status report of the delivery performance on the scope, cost, and schedule of the CIP projects isprepared and published for fiscal year 2018/2019 and adopted in this CIP 2019 to 2023 Plan. Staffwill provide quarterly updates comparing baseline KPI information set for each CIP project to theactual results during the fiscal year for each of the thirty-six projects. A baseline shall remain thesame throughout the budget year and can only be modified by Council approved amendments. TheTable 1 below illustrates the planned milestone activities in Fiscal Year 2019.
TABLE 1- Planned CIP Delivery Milestones in Fiscal Year 2019:
in FY2019M050A&E Contract Request for Proposal (RFP) 2 3 0 0 5M100Notice to Proceed (NTP) for Design 3 3 0 1 7M200Ready to Advertise 7 6 4 3 20M300NTP for Construction 9 6 8 0 23M400Construction Contract Acceptance3 9 3 4 19M500Closeout Complete 3 4 9 2 18
Total Milestones Project Planned in FY2019 27 31 24 10 92
Updates of upcoming grants:The Public Works Department staff is pursuing four major transportation related call for projects grantapplications with the following entities:
· United States, Department of Transportation - 2018 Build Transportation Program
· California, Department of Transportation- 2019 Active Transportation Program
· Mobile Source Air Pollution Reduction Review Committee (MSRC) Local Partnership ProgramGrant
· California, Department of Transportation- Local Highway Safety Improvement Program (HSIP)
ANALYSIS/DISCUSSION:CIP BASELINE DELIVERYAbout seven projects will be ready to advertise and nine projects noticed to proceed with constructionin the summer when the new fiscal year starts as indicated by the graph below
GRAPH- Baseline Delivery FY2018/2019
0
5
10
15
20
25
30
35
2018Q3 2018Q4 2019Q1 2019Q2
Rialto CIP Milestone Deliverables from July 2018 through June 2019
M050 A&E Contract Request for Proposal (RFP)M100 Notice to Proceed (NTP) for DesignM200 Ready to Advertise M300 NTP for ConstructionM400 Construction Contract AcceptanceM500 Closeout CompleteM500 Total Milestones Project Planned in FY2019
The seven capital projects with Milestones: Ready to advertise in the third quarter of 2018 are:1. Curb, Gutter, Sidewalk & ADA - CDBG 2018
The nine capital projects with Milestones: Notice to Proceed Issued for Construction in the thirdquarter of 2018 are:
1. Community Center Ada Site Improvement
2. Community Center Rehab Bldg 200-500
3. Bud Bender Park Field Lights
4. Fire Station 205 (New) Phase I
5. Frisbie Park Expansion
6. Frisbie Park Field Lights
7. Metrolink Parking Lot & Depot Improv II
8. Rialto Park Announcer Booth
9. Street Overlay 2018
The Attachment 1 includes the list of projects with planned KPI baseline from the CIP 2019 to 2023Plan.
Updates of upcoming grants:Following are the specific projects applicable to the various grant submissions in the order ofapplication due dates:
· United States, Department of Transportation - 2018 Build Transportation Programo Application Due Date: Thursday, July 19, 2018o Call size: $150 million per State, application not less than $5 million, and maximum
of $25 milliono Project Name: SR-210/Alder Avenue Interchange Improvementso Project Scope: The project proposes modifications to the existing spread diamond
interchange, including improvements to Alder Avenue and the SR-210 ramps throughrestriping and widening. In addition to the improvements for vehicular traffic, the projectproposes to facilitate bicycle and pedestrian traffic by widening Locust Avenue to meet theCity of Rialto General Plan requirements for bicycle circulation. Class II bicycle lanes areproposed to be implemented, in addition to a standard Americans with Disabilities Act(ADA)-compliant sidewalk.
o Project Cost Estimate: $9,340,000o Grant Application Amount: $7,472,000o Other Funding and Amount: $1,868,000 from development impact fees or fair share
· California, Department of Transportation- 2019 Active Transportation Programo Application Due Date: Tuesday, July 31, 2018o Call size: $440 million
1. Non Infrastructure Project Name: Healthier and Active Rialto- Project Scope: This project is the next step in developing a healthier Rialto,
where students and their families feel safe and supported in walking and bicycling toschool. Expanded educational and encouragement programming will assiststudents in developing skills, and enforcement efforts will help create a culture inRialto that emphasizes safety for pedestrians and bicyclists in school areas.Funding enhanced programming identified through the Safe Routes to School Planis a tremendous opportunity to build upon efforts to make active modes an attractiveoption for students and families.
- Project Cost Estimate: $500,000- Grant Application Amount: $500,000- Other Funding and Amount:$0
2. Infrastructure Project Name: Pepper Avenue Corridor- Project Scope: Construct safe routes to school (SRTS) infrastructure
improvements along Pepper Avenue and peripheral neighborhood corridors. Projectimprovements are located within cities of Rialto, San Bernardino and Colton. Thethree cities are collaborating as partners with Rialto being the lead agency to deliverthe project improvements. Rialto’s cost share of the improvements is $2,965,853(71%); San Bernardino share is $960,921 (23%); and Colton is at $268,371 (6%).
- Project Cost Estimate: $4,194,146- Grant Application Amount: $4,194,146- Other Funding and Amount:$0
3. Infrastructure Project Name: Terra Vista Corridor- Project Scope: This project will construct infrastructure improvements designed
to help students of three Rialto Unified School District schools travel to school bywalking and biking from their respective neighborhoods, along Terra Vista Drive andperipheral neighborhood corridors. Furthermore, traffic-calming features areplanned along Casa Grande Drive to decrease truck traffic speeds and the effects ofindustrial cut-through traffic. Some portions of the improvements are within the Cityof Fontana jurisdiction.
- Project Cost Estimate: pending- Grant Application Amount: pending- Other Funding and Amount:$0
· Mobile Source Air Pollution Reduction Review Committee (MSRC) Local Partnership ProgramGrant
o Application Due Date: Thursday, August 2, 2018o Call size: $135,980 allocation for Rialtoo Project Name: Purchase of low Emission Vehicles & Electric Vehicle Charging Stationso Project Scope: Purchase One Near-Zero Emission heavy-duty Alternative Fuel Aerial
Lift F-450 Chassis or equivalent Truck; Four Light-duty Zero Emission (battery-electric orfuel cell) equivalent Vehicles; Purchase and installation of electric vehicle charging stations(EVSE) with electrical, paving, striping and EV legend improvements as needed to facilitateuse and ease of access to the charging stations.
o Grant Application Amount: $135,980o Other Funding and Amount: $173,327
· California, Department of Transportation- Local Highway Safety Improvement Program (HSIP)o Application Due Date: Friday, August 31, 2018o Call size: $140 million to $160 million of HSIP fundso Minimum Benefit Cost Ratio (BCR) of 3.5o Set-aside Application for Pedestrian Crossing Enhancement; No BCR requiredo Project Name: Foothill Boulevard Raised Median Installationo Project Scope: The project will install a raised median 12 feet in width along Foothill
Boulevard, from Maple Avenue to Pepper Avenue, to eliminate the option for drivers tomake left-turning movements, thus reducing broadside traffic collisions. Within the projectlimits, the roadway will be widened to the ultimate 4-lane cross section, and include newsidewalks where missing, as well as upgrades to non-compliant ADA pedestrian ramps
o Project Cost Estimate: $4,227,935o Grant Application Amount: $3,805,142o Other Funding and Amount: $422,793 using Foothill Relinquishment funds
FINANCIAL IMPACT:Discussion of the financial impact for each capital project is included in the CIP pages for eachproject. The financial impact for each grant application is included in the analysis/discussion sectionabove.
RECOMMENDATION:
Staff requests Economic Development Committee to receive the current Capital ImprovementProgram Status Report and related grants activity update.
Water CITY WELL #3A 2,016$ -$ N/A N/A N/A N/A N/A N/A THOMAS
DOI WATER SMART
PROGRAM - RECLAMATION
404$ -$ N/A N/A N/A N/A N/A N/A THOMAS
Five-Year Capital Program
Summary of Projects by Planned Milestones
2019-2023
M050 M100 M200 M300 M400 M500
Category
Project Name** Red colored
Milestone indicates KPI
within Fiscal Year 2018/2019
Prior YearsFiscal
Year 2019
A&E
Contract
Request for
Proposal
(RFP)
M050
Notice to
Proceed
(NTP) for
Design
M100
Ready to
Advertise
M200
NTP for
Construction
M300
Construction
Contract
Acceptance
M400
Closeout
Complete
M500
PM
Project MilestonesBudget $ in 000's
RWS CONCESSION WATER
CAPITAL
12,971$ -$ N/A N/A N/A N/A N/A N/A N/A
SCADA PROJECT - US EPA
GRANT PROJECT
291$ -$ N/A N/A N/A N/A N/A N/A THOMAS
Water Total 15,682$ -$
Wastewater Category
Wawater RWS CONCESSION
WASTEWATER CAPITAL
31,787$ -$ N/A N/A N/A N/A N/A N/A N/A
Grand Total 142,862$ 36,300$
City of Rialto
Legislation Text
Council Chambers150 S. Palm Ave.Rialto, CA 92376
File #: 18-620, Version: 1, Agenda #: 4
For Economic Development Committee June 27, 2018
TO: Honorable Economic Development Committee Members
APPROVAL: Robb R. Steel, Interim City Administrator
FROM: Robert G. Eisenbeisz, P.E., Public Works Director/City Engineer
Request the Economic Development Committee Consider a Recommendation to the City Council toApprove an Agreement with Southern California Air Quality Management District (AQMD) for AirQuality Monitoring Within the City of Rialto.
BACKGROUND:The South Coast Air Quality Management District (AQMD) is partnering with Aeroqual, a sensormanufacturer, to place air pollution monitors throughout the South Coast region as part of a grantreceived by the University of Auckland, NZ and Aeroqual. This is a technology demonstration andtechnology research project to determine how low-cost air quality sensors can be deployedthroughout a region and how the data from these sensors can provide insights into air quality at acommunity scale. The time period for the sensor deployment will be approximately 12-15 months.
ANALYSIS/DISCUSSION:AQMD is seeking a volunteer partnership with the City of Rialto to provide 5 to 6 suitable locationswith accessible power for installing the air quality sensors. The City of Rialto would be providing theelectrical connections and power for the duration of the study. AQMD will provide the installation ofthe units and access to the air quality data collected within the City of Rialto for the City’s review.
Staff met with AQMD to develop a siting plan to install five Aeroqual AQY units. The table belowindicates the proposed locations for the air quality monitors.
Location Address
Fire Station 201 131 S. Willow Avenue
Fire Station 202 1700 N. Riverside Avenue
Fire Station 203 1550 N. Ayala Drive
Fire Station 204 3288 N. Alder Avenue
Wastewater Treatment Plant 501 E Santa Ana Ave
A copy of the Agreement between the two agencies and the AQMD informational flyer are included asAttachments 1 & 2 respectively.
The City of Rialto will incur the nominal electricity costs for the operation of the monitoring equipmentduring the 12-15 month period.
Operating Budget Impact
Extremely minor increase to the electricity bill for all 5 locations. Comparable to an alarm clock usage.
Capital Improvement Budget Impact
There will be no impact to the Capital Improvement Budget.
RECOMMENDATION:
Staff recommends that the Economic Development Committee consider a recommendation to the City Councilrecommendation to approve the Agreement with Southern California Air Quality Management District for Air QualityMonitoring within the City of Rialto.
Aeroqual is a New Zealand-based company that helps communities make better air quality decisions by providing them with reliable instruments that measure the quality of their air.
We’re working with the South Coast Air Quality Management District to set up a network of air quality instruments across Central and Southern California.
• The Aeroqual AQY is a low-cost, low-power air quality monitoring instrument designed to provide real time data of air quality.
• AQY push data to the Aeroqual Cloud Server. This allows the instruments to be deployed
in networks and work together to measure a community’s air quality.
• All the device needs is a standard power connection, and to be placed where there is good access to the surrounding air.
WHAT IT MEASURESOzone • Nitrogen Dioxide • Particulate Matter (PM2.5, PM10) • Temperature, humidity and dew point
KEY COMPONENTSWi-fi and cellular enabled • On board data processing and storage
Weather resistant • Air quality sensors
OUR TECHNOLOGY: Aeroqual AQY
01180.0001/469694.1
ACCESS, MAINTENANCE, AND EQUIPMENT REMOVAL AGREEMENT
BY & BETWEEN CITY OF RIALTO AND
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT (SCAQMD)
(for Aeroqual AQY)
THIS ACCESS, MAINTENANCE, AND EQUIPMENT REMOVAL AGREEMENT (herein “Agreement”) is made and entered into as of the date executed by authorized representatives of both parties (“Effective Date”) by and between the CITY OF RIALTO, a municipal corporation (herein “City”) and South Coast Air Quality Management District, a public body, corporate and politic(herein “SCAQMD”).
RECITALS
A. SCAQMD is the regional regulatory agency with jurisdiction over air quality in the South Coast Air Basin and has an interest in the monitoring and measurement of air quality within the region.
B. The City also has an interest improving the air quality within the region and desires to cooperate with SCAQMD.
C. SCAQMD has requested to install certain low-cost, low-power air quality monitoring equipment called Aeroqual AQY, and nay related appurtenances (“Equipment”) to collect real time data and information regarding air quality within the immediate region of the City, which will be provided to SCAQMD to measure air quality within the City and surrounding communities (“Project”).
D. The City and SCAQMD desire to enter into this Agreement to outline the Parties’ mutual rights and obligations regarding the Equipment and the Project.
NOW, THEREFORE, in consideration of the promises and covenants contained herein, the above recitals, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
AGREEMENT
1. License
1.1 Grant of License
The City hereby grants to SCAQMD a license revocable or relocatable with or without cause at any time by the City (“License”) to install and maintain the Equipment, including any and all appurtenances, subject to all terms and conditions contained this Agreement. The term of the License shall be eighteen (18) months from the date of this Agreement (“Term”), unless extended by
01180.0001/469694.1
the parties in writing. The locations where the Equipment are to be installed (individually, “Site”) shall be decided and agreed upon in writing by the parties prior to installation.
1.2 Termination of License
The License is terminable with or without cause by the City at any time prior to the expiration of the Term. SCAQMD shall remove the Equipment and related appurtenances and restore the Site to its former condition, at SCAQMD’s sole cost and expense, within sixty (60) days of written notice from the City. In the event SCAQMD fails to remove the Equipment and restore the Site within said time period, the City shall have the right to do so without notice. SCAQMD shall immediately reimburse the City for all out of pocket expenses expended to remove the Equipment and restore the Site.
2. Responsibilities of SCAQMD
2.1 Installation; Maintenance
Upon receiving a written “Notice to Proceed” and obtaining a no-cost permit from the City, SCAQMD shall install, operate, and maintain the Equipment at the Site in such a commercially reasonable manner as to minimize the amount of noise and disruption caused to nearby properties. To that end, SCAQMD agrees that (a) any outdoor noise-producing construction activities shall only take place on weekdays (Monday through Friday, non-holiday) between the hours of 8 a.m. and 7 p.m.; except for maintenance activities for unplanned or emergency service issues.
In compliance with all of the terms and conditions of this Agreement, SCAQMD, at its sole cost and expense, agrees to operate, maintain, and repair the Equipment in compliance with all applicable provisions of the Rialto Municipal Code, as amended from time-to-time, and any applicable State or federal law. SCAQMD shall maintain the Equipment in a clean and sanitary condition, free of rubbish, debris and any hazards to persons, in such a manner as to avoid the reasonable determination of a duly authorized official at the City that a public nuisance has been created by the absence of adequate maintenance.
2.2 Equipment Removal
Upon termination of this Agreement, pursuant to the provisions of this Agreement, the RialtoMunicipal Code, and any applicable State or federal law, SCAQMD agrees to remove the Equipment at the Site within sixty (60) days of the termination.
2.3 Costs
Except as provided in Section 3.2, SCAQMD shall pay all actual and reasonable costs for maintenance, repair, and replacement of the Equipment, as well as monitoring compliance with, and enforcement of, this Agreement and shall reimburse the City for all actual and reasonable costs incurred by it to perform any work required of SCAQMD by this Agreement that SCAQMD fails toperform after notice provided by the City under Section 5.2 herein.
01180.0001/469694.1
2.4 Insurance, Indemnification and Bonds
SCAQMD is an authorized self-insured public entity for purposes of Professional Liability, General Liability, Automobile Liability, and Worker's Compensation insurance. SCAQMD warrants that through its programs of self-insurance, it has adequate coverage or resources to protect against liabilities arising out of performance of the terms, conditions or obligations of this Agreement.
3. Responsibilities of the City
3.1 Notice to Proceed; Permits
Upon written agreement of a Site location for the Equipment, the City shall issue a “Notice to Proceed” and a no-cost permit to SCAQMD for its work for the installation of the Equipment at the Site. The “Notice to Proceed” shall include the location the work shall take place on, the scope of the work, the requested schedule, the level of service required (if necessary), and other pertinent terms and details for the project within the scope of this Agreement.
3.2 Electrical Costs
The City shall, at its sole cost and expense, pay for all electricity costs related to the operation of the Equipment.
3.3 Access to the Site
Upon written request of at least 24 hours prior notice, the City shall provide access to SCAQMD to the Site for any work in furtherance of this Agreement.
4. Indemnification
In the event SCAQMD and/or the City is found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under this Agreement, SCAQMD and/or the City shall indemnify the other to the extent of its comparative fault.
4.1 Indemnification of City
Neither the City nor any officer or employee of the City shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of SCAQMD under or in connection with any work, authority or jurisdiction delegated to or determined to be the responsibility of SCAQMD under this Agreement. It is also understood and agreed that, pursuant to Government Code, Section 895.4, SCAQMD shall fully indemnify, defend and hold the City harmless from any liability imposed for injury (as defined by Government Code section 810.8) occurring by reason of any acts or omissions on the part of SCAQMD under or in connection with any work, authority or jurisdiction delegated to or determined to be the responsibility of SCAQMD under this Agreement.
01180.0001/469694.1
4.2 Indemnification of SCAQMD
Neither SCAQMD nor any officer or employee of SCAQMD shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of the City under or in connection with any work, authority or jurisdiction delegated to or determined to be the responsibility of the City under this Agreement. It is also understood and agreed that, pursuant to Government Code, Section 895.4, the City shall fully indemnify, defend and hold SCAQMD harmless from any liability imposed for injury (as defined by Government Code section 810.8) occurring by reason of any acts or omissions on the part of the City under or in connection with any work, authority or jurisdiction delegated to or determined to be the responsibility of the City under this Agreement.
5. Default; Notice of Termination
5.1 Default; Termination
In the event SCAQMD materially defaults in the performance or observance of any obligation set forth in this Agreement, and if such default remains uncured for a period of thirty (30) days after receipt of written notice given by the City, or, in the event said default cannot be cured within said time period, SCAQMD has failed to commence to cure such default within said thirty (30) days and diligently prosecute said cure to completion, then the City shall declare an event of default to have occurred hereunder. The City may then terminate this Agreement by notice to SCAQMD given in accordance with Section 5.2 below.
5.2 Notices
Formal notices, demands, and communications between City and SCAQMD shall be sufficiently given if personally delivered, delivered by a reputable document delivery service that provides a receipt showing date and time of delivery, or dispatched by registered or certified mail, postage prepaid, return receipt requested. Notices personally delivered or delivered by document delivery service shall be effective upon receipt. Mailed notices shall be deemed to be received as of the earlier of actual receipt by the addressee thereof or the expiration of forty-eight (48) hours after depositing in the United States Postal System in the manner described in this Section. A party hereto may change its address for receipt of notices by delivering notice to the other party in accordance with this section.
City: City HallAttn: City Administrator150 S. Palm Ave.Rialto, CA 92376
SCAQMD: NAMEADDRESS
01180.0001/469694.1
6. Miscellaneous.
6.1 Governing Law
The laws of the State of California shall govern the interpretation and enforcement of this Agreement. The Municipal and Superior Court of the County of San Bernardino, or such other appropriate court in such County, shall have exclusive jurisdiction of any litigation between the parties to this Agreement, and each party agrees to submit to the personal jurisdiction of such courts.
6.2 Non-liability of City Officials or Employees
No official, officer, employee, agent, representative, or consultant of City shall be personally liable to SCAQMD, or any successor in interest of SCAQMD, in the event of any default or breach by City or for any amount which may become due to SCAQMD or its successor, or on any obligations under the terms of this Agreement.
6.3 Modifications
Any alteration, change, or modification of or to this Agreement, shall be made by written instrument signed by each party hereto.
6.4 Waiver
No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise
6.5 Entire Agreement
This Agreement and all documents incorporated herein contain the entire understanding among the parties hereto relating to the transactions contemplated herein and all prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged herein and shall be of no further force or effect.
6.6 Counterparts
This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.
6.7 Severability
Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. If, however, any provision of this Agreement shall be prohibited by or invalid under applicable law, such provision shall be ineffective to the extent of
01180.0001/469694.1
such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement.
6.8 Qualification; Authority
Each individual executing this Agreement on behalf of a partnership or corporation represents and warrants that such entity is duly formed and authorized to do business in the State of California and that he or she is duly authorized to execute and deliver this Agreement on behalf of such partnership or corporation in accordance with authority granted under the formation documents of such entity, and, if a corporation, by a duly passed resolution of its Board of Directors, that all conditions to the exercise of such authority have been satisfied, and that this Agreement is binding upon such entity in accordance with their respective terms.
[END – SIGNATURE PAGE FOLLOWS]
01180.0001/469694.1
CITY:
CITY OF RIALTO,a municipal corporation
Robb Steel, Interim City Administrator
Date: ________________________________
ATTEST:
Barbara McGee, City Clerk
APPROVED AS TO FORM:
Fred Galante, City Attorney
SCAQMD:a public body, corporate and politic
By: Name: Title:
Date: ________________________________
[END OF SIGNATURES]
City of Rialto
Legislation Text
Council Chambers150 S. Palm Ave.Rialto, CA 92376
File #: 18-621, Version: 1, Agenda #: 5
For Economic Development Committee [enter date here]
TO: Honorable Economic Development Committee Members
APPROVAL: Robb R. Steel, Interim City Administrator
FROM: Robert G. Eisenbeisz, P.E., Public Works Director/City Engineer
Request Economic Development Committee to Recommend to City Council the Approval of thePassenger Amenity Program Agreement with Omnitrans for Bus Stop Maintenance in the City ofRialto.
BACKGROUND:Omnitrans, a California Joint Powers Authority (Omnitrans) is a provider of public mass transportationagency within San Bernardino County. Established in 1976, Omnitrans was a joint powersagreement, which includes 15 cities and portions of the unincorporated areas of San BernardinoCounty. The City of Rialto is a member of the joint powers authority. Omnitrans administersprograms to install and maintain bus shelters and other passenger amenities in cities. The parties ofthe joint powers, recognize that upgraded, well-maintained bus stops and amenities benefit Cityresidents, the City's business community, and transit riders region-wide
ANALYSIS/DISCUSSION:The scope of this agreement includes the following highlights:
· Omnitrans will provide bus stop facilities within boundaries of the City, and receive all revenue,including advertising, from operation of the amenities.
· The City grants Omnitrans the right to administer and maintain the passenger amenitiesprogram at current and future bus stops throughout the City.
· The City and Omnitrans will coordinate on the placement of bus stop facilities based on ’Omnitrans Transit Design Guidelines (2013) <http://design.omnitrans.org/>, ridership, fundingavailability and other determined needs.
· Omnitrans will collaborate with the City to pursue funding whenever possible for installation ofconcrete improvements or accessibility improvements needed for installing facilities at bus stops.
· At a minimum, two (2) advertising panels within the City’s boundaries are made available for
the City's use for public service announcements.
There are 139 bus stop facilities within the City of Rialto as shown on the map and listed in theAgreement, Exhibit B & C. The City owns and maintains nine of the 139 bus stops in Rialto. Thenine bus stops are along the Riverside Avenue corridor.
FINANCIAL IMPACT:Omnitrans is solely responsible for the operations and maintenance of the bus stops owned by the
Omnitrans is solely responsible for the operations and maintenance of the bus stops owned by thetransit agency. As part of their efforts to recoup costs, the transit agency sells advertising at somelocations within the City; however, income derived from advertising is insufficient to cover their costsand Omnitrans supplements advertising revenue with other sources of income.
RECOMMENDATION:
Staff recommends that the Economic Development Committee Recommend to City Council Cityapproval of the Passenger Amenity Program Agreement with Omnitrans for Bus Stop Operations andMaintenance in the City of Rialto.
1. Parties and Date. This Passenger Amenity Program Agreement ("Agreement") is made and entered into this ____ day of March, 2018 by and between Omnitrans, a California Joint Powers Authority (“Omnitrans”), and the City of Rialto, a California municipal corporation (“City”). Omnitrans and City are also referred to herein individually as "Party" and collectively as "Parties."
2. Recitals2.1 Purpose
2.1.1. Omnitrans is a provider of public mass transportation for the San Bernardino Valley, and has the professional ability to administer programs to install and maintain bus shelters and other passenger Amenities, as defined below, in cities. Omnitrans represents that it is experienced in providing such services to public clients.
2.1.2. The Parties recognize that upgraded, well-maintained bus stopsand Amenities benefit City residents, the City's business community, and transit riders region-wide.
2.1.3. The Parties desire that by this Agreement, Omnitrans shall have the right to provide and obligation to maintain bus stop Amenities within boundaries of City, and in exchange, willreceive all revenue, including advertising, from such Amenities.
2.1.4. The Parties agree that if City, property developer, or property owner installs bus stop Amenities separate from the Amenitiesthat Omnitrans installs (of which Omnitrans does not agree to take ownership), Omnitrans does not bear the responsibility to maintain those Amenities and shall have no liability for such Amenities.
2.2. Definition of Amenity/Amenities. The definition of “Amenity” or “Amenities” as used throughout this Agreement may include, but not be limited to: shelters, benches, lean bars, trash receptacles, customer information signage (physical or electronic signage), advertising panels (static or digital), solar panels, lighting, security systems, and bicycle racks.
2
2.3. Program. City desires to engage Omnitrans to administer a comprehensive Passenger Amenities Program ("Program") at current and future bus stops throughout the City as set forth in this Agreement.
3. Responsibilities under Agreement
3.1 Scope of Services 3.1.1 General Scope of Services. The City grants Omnitrans the right
to administer the Program at current and future bus stops throughout the City. Omnitrans may use a contractor(s)(“Contractor”) to perform the construction, maintenance, and repair services ("Services") in connection with the Program at current and future bus stops within the City.
3.1.2 Placement of Amenities. Omnitrans will place Amenities based upon the guidance outlined in Omnitrans’ Transit Design Guidelines (2013), including ADA regulations. City and Omnitrans will coordinate on the placement of Amenities based on such Guidelines, ridership, funding availability and other determined needs.
3.1.3 Availability of Sidewalk Space. The availability of flat concrete sidewalk space on which Amenities can be installed (10’ by 25’ for shelters) is also crucial to installation of shelters. Omnitrans will partner with City to pursue funding whenever possible for installation of concrete improvements or accessibility improvements needed for installing Amenities at bus stops.
3.1.4 Shelter Design. Omnitrans shall ensure that bus shelters and Amenities in the City are constructed in accordance with all applicable Americans with Disabilities Act ("ADA") guidelines, as well as other guidance laid out in Omnitrans’ Transit Design Guidelines (2013).
3.1.5 Shelter Types. Shelter types include but are not limited to the following (examples are shown in Attachment A):
3.1.5.1 Standard blue or green Omnitrans shelter (13’or 17’ length), which typically includes a trash receptacle, bench, advertising panel, map case/customer information, and solar-powered lighting.
3.1.5.2 Premium silver Omnitrans logo shelter (17’ length), which typically includes a trash receptacle, bench, advertising panel, map case/customer information, solar-powered lighting, electronic real-time information sign, and bike rack.
3.1.5.3 The specific type of shelter to be used for each location shall be determined by mutual agreement of the parties.(The current location of shelters in the City of Rialto as of the date of this agreement is shown in Attachments B and C).
3
3.1.6 Maintenance, Repair, and Cleaning. Omnitrans shall wash all shelters and Amenities within the City not less than once per month, clean the 15' radius of the shelters not less than once a week, and clean the benches not less than once per week. Omnitrans shall repair, remove, or replace, within a reasonable amount of time upon notice, any portion of an Amenity that is broken, in disrepair, or poses a health or safety risk.
3.1.7 Amenities - Waste Receptacles. Omnitrans will place and maintain trash receptacles at all existing and future amenity locations, empty waste receptacles at least once per week, clean at least once a month, and add trash receptacles as required by law or in Omnitrans’ discretion.
3.1.8 Relocation or Removal. The City, in its sole discretion and at its expense may require the relocation or removal of any Amenity if the physical surroundings or use of the Amenity poses a threat to the public health or safety. In such case, Omnitrans shall be responsible for arranging for such relocation or removal. In all other cases, Omnitrans in its sole discretion and expense may remove and/or relocate any Amenity for its operational convenience. Any new location shall be agreed upon by the Parties.
3.1.9 Advertising/Public Service Announcements. At a minimum, two (2) advertising panels within the City’s boundaries shall be made available for the City's use for public service announcements.
3.1.10 Electronic Advertising Panels. Electronic advertising panels may be used in future shelter designs, upon review and approval by City and if in conformance with the City’s sign code.
3.1.11 Advertising Content. Per the provisions of Omnitrans’ contract with its advertising provider, Omnitrans does not permit, under any circumstances, any advertisement that violates any federal, state, county, or local regulation, law, code, or ordinance; is or can be construed to be false, misleading, deceptive or libelous; contains copyright infringement; contains an endorsement by Omnitrans without prior written authorization; contains sexual or adult-oriented content according to contemporary community standards, obscenity, or nudity; depicts unlawful or detrimental conduct or advertises unlawful goods or services; demeans or disparages an individual or group based on race, color, religion, national origin, ancestry, gender, age, disability, or sexual orientation; contains images or descriptions of or incites violence; contains images of firearms in the foreground or making up 15% or more of the advertisement, profanity, alcohol, tobacco, graffiti, inappropriate graphics, political or religious information. All Advertisements that contain content or have a presentation that is objectionable, as so deemed by Omnitrans, will be removed from affected Amenities within 48 hours, regardless of prior
4
approvals, at Omnitrans’ or its Contractor’s expense (based on the provisions of Omnitrans’ contract with its advertising provider).
3.1.12 Approval by City. Omnitrans and the City shall work cooperatively to identify bus shelter locations. Omnitrans shall obtain all necessary and applicable approvals and permits from the City or any other agency having ownership or jurisdiction of the location prior to the installation, removal, or repair of any Amenity.
3.1.13 Duty to Inform Public. Omnitrans shall make every practicable effort to inform the community of the mechanisms in place for thepublic to report problems concerning the bus shelters, Amenity, and maintenance needs, which at a minimum is to provide contact information affixed to the shelter.
3.1.14 Loitering. City will allow Omnitrans to install No Loitering signs at bus stops, which will assist Omnitrans in addressing vagrancy at the bus stops. City staff will meet with Omnitrans staff to discuss the possibility of the City passing an ordinance against loitering at bus stops that complies with applicable laws and regulations.
3.2 Term. This Agreement shall continue in full force and effect until the completion of all Services, but not exceeding fifteen (15) years from the date this Agreement is first signed, unless extended or terminated by the Parties, as provided herein.
3.3 Responsibilities3.3.1 The Services included in this Agreement shall be performed by
Omnitrans and/or Contractor(s) or any other subcontractor under the Contractor’s direct supervision.
3.3.2 Omnitrans and its Contractors retain the right to perform similar or different Services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Omnitrans or its Contractor(s) shall at all times be under the direction and control of its employer. Omnitrans shall require Contractor to execute contracts for the benefit of the City and Omnitrans, releasing the City and Omnitrans from all costs, expenses and liabilities arising from Contractor's negligent performance of the Services.
3.3.3 Conformance to Applicable Requirements. All work performed in connection with this Agreement shall be subject to the City's ordinances.
3.3.4 City's Representative. The City hereby designates the City Administrator or his designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all proposed work under this Contract. Omnitrans shall not accept direction or orders from any person other than the City's Representative or his or her designee.
5
3.3.5 Omnitrans' Representative. Omnitrans hereby designates the Omnitrans Stops and Stations Supervisor, to act as its representative for the performance of this Agreement ("Omnitrans' Representative"). Omnitrans' Representative shall have the authority to represent and act on behalf of Omnitrans for all purposes under this Agreement.Omnitrans' Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures for the satisfactory coordination of all portions of the Program and Services under this Agreement.
3.3.6 Substitution of Key Personnel. Omnitrans or City may substitute other personnel of at least equal competence in the place of the authorized Representative or other key personnel who are responsible for fulfilling the responsibilities within this Agreement with written notice to the other Party in accordance with this Agreement.
3.3.7 Coordination of Services. Omnitrans agrees to work with City staff in the performance of the Program and Services, and each Party’s representative shall be available to the other at reasonable times with reasonable notice.
3.4 Insurance3.4.1 Minimum Requirements. Omnitrans and/or its Contractor(s) shall
procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by Omnitrans, its agents, representatives, employees or Contractor(s) and its subcontractors. Omnitrans shall also require any Contractor(s) to include contract provisions requiring that all subcontractors of the Contractor shall procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the minimum levels of coverage as described below.
3.4.2 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. The City shall be named as an additional insured for all such coverage, where possible, and be provided with applicable endorsements as more particularly described below.
3.4.3 Minimum Limits of Insurance. Coverage shall be at least: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the
6
general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers' Compensation and Employer's Liability: Worker's Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of $1,000,000 per accident for bodily injury or disease. The City shall be named as an additional insured for all such coverage, where possible, and be provided with applicable endorsements as more particularly described below.
3.4.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Omnitrans or its Contractor(s) shall provide endorsements on forms supplied or approved by the City, to add the following provisions to the insurance policies:
3.4.5 General Liability. The general liability policy shall be endorsed to state that: (1) the City, and Omnitrans, and their respective directors, officials, officers, employees, agents and volunteers shall be covered as additional insured with respect to the Services or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such Services; and (2) the insurance coverage shall be primary insurance with respect to the City and Omnitrans, and their respective directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s or any subsequent Contractor's scheduled underlying coverage. Any insurance or self-insurance maintained by the Omnitrans or the City, or their directors, officials, officers, employees, agents and volunteers shall be excess of Contractor's or any subsequent Contractor's insurance and shall not be called upon to contribute with it in any way.
3.4.6 Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) Omnitrans, the City, and their respective directors, officials, officers, employees, agents and volunteers shall be covered as additional insured's with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor; and (2) the insurance coverage shall be primary insurance with respect to Omnitrans or the City, and their respective directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor scheduled underlying coverage. Any insurance or self-insurance maintained by Omnitrans or the City, and their respective directors, officials, officers, employees, agents and volunteers shall be excess of the Contractors insurance and shall not be called upon to contribute with it in any way.
3.4.7 Worker's Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for
7
losses paid under the terms of the insurance policy which arise from work deficiently performed by Omnitrans or its Contractor(s), or any other Contractor or subcontractor performing work pursuant to this Agreement.
3.4.8 All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to Omnitrans and the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to Omnitrans or the City, their directors, officials, officers, employees, agents and volunteers.
3.4.9 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insured's provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to Omnitrans or the City, its directors, officials, officers, employees, agents and volunteers.
3.4.10 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to Omnitrans and the City. Omnitrans or its Contractor(s) shall guarantee that the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects Omnitrans or the City, and their respective directors, officials, officers, employees, agents and volunteers.
3.4.11 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less A-VII, licensed to do business in California.
3.4.12 Verification of Coverage. The Contractor shall furnish to Omnitrans original certificates of insurance and endorsements effecting coverage required by this Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf and shall be on forms satisfactory to Omnitrans. The City reserves the right to require complete copies of all required insurance policies, at any time.
3.5 Compensation. Omnitrans shall receive no monetary compensation or reimbursement from the City for the Program and the Services rendered under this Agreement. Except as provided elsewhere in this Agreement, the Program and Services are to be provided at no cost to the City. Omnitrans and the City acknowledge that all advertising revenue generated by the shelters shall be the sole property of Omnitrans and agree the right to such revenues is sufficient consideration for the performance of Omnitrans' obligations hereunder.
4. General Provisions
4.1 Termination of Agreement.4.1.1 Grounds for Termination. Either Party may, terminate this
Agreement without cause in whole or in part, by giving at least thirty
8
(30) days’ written notice of such termination and specifying the reasons for such termination and the effective date thereof, unless the Parties agree in writing to a different time period. Either Party may terminate this Agreement for cause as a result of a material breach of the Agreement by the other Party by giving seven (7) days’ written notice of such termination and specifying the reason(s) for such termination, unless the Parties agree in writing to a different time period. The non-terminating Party has the right to request a meeting to discuss such termination before its effective date.
4.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective Parties at the following address, or at such other address as the respective Parties may provide in writing for this purpose:
Omnitrans: Attn: Director of Marketing & Planning Omnitrans1700 West Fifth StreetSan Bernardino, CA 92411
City: Attn: City AdministratorCity of Rialto150 S. Palm AvenueRialto, CA 92376
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
4.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
4.4 Attorneys’ Fees. If either Party commences an action against the other Party, whether legal, administrative or otherwise, arising out of or in connection with this Agreement, neither Party in such litigation shall beentitled to have and recover from the losing Party reasonable attorneys’fees and all other costs of such action.
4.5 Indemnification. Omnitrans and its Contractor(s) or subcontractor(s) shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any actual or alleged
9
acts, omissions or willful misconduct of Omnitrans, its officials, officers, employees, agents, Contractors and subcontractors arising out of or in connection with the performance of the Program, Services or this Agreement. City shall defend, indemnify and hold Omnitrans, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any actual or alleged acts, omissions or willful misconduct of City, its officials, officers, employees, agents, Contractors and subcontractors arising out of or in connection with the performance of, the Program, Services or this Agreement.
4.6 Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both Parties.
4.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.
4.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.
4.9 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties
4.10 Construction, References, and Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Omnitrans include all personnel, employees, agents, and Contractors of Omnitrans, except as otherwise specified in this Agreement. All references to City include its officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
4.11 Amendment and Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
4.12 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same of other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppels, or otherwise.
4.13 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
10
4.14 Invalidity and Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
4.15 Prohibited Interest. Omnitrans maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Omnitrans, to solicit or secure this Agreement. Further, Omnitrans warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Omnitrans, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer of employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipate material benefit arising there from.
4.16 Equal Opportunity Employment. Omnitrans represents that it is an equal opportunity employer and it shall not discriminate against any contractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities relate to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Omnitrans shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
4.17 Labor Certification. By its signature hereunder, Omnitrans certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
4.18 Authority to Enter Agreement. Omnitrans has all requisite power and authority to conduct its business and to execute, deliver, and perform thisAgreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
4.19 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
4.20 Assignment. Omnitrans shall have the right to assign all or part of this Agreement upon consent of the City, which consent shall not be unreasonably withheld.
[SIGNATURES ON NEXT PAGE]
11
SIGNATURE PAGE TO PASSENGER AMENITY PROGRAM AGREEMENT
CITY OF RIALTO OMNITRANS
By: ______________________ By: ______________________ Deborah Robertson P. Scott Graham Mayor CEO/General Manager
Solar Lighting Monthly n/a As Needed n/a Monthly n/a
Passenger Amenity Program
• Further partnerships between cities and Omnitrans
– Digital ad panels
– No Loitering and/or No Smoking signs at bus stops
Passenger Amenity Program
• Fees for permits for shelters?
– No construction, no traffic control
– Standard plans for shelters
– Four other cities requiring no-fee permits
Omnitrans Amenities
Standard Shelter Premium Shelter
• Omnitrans has limited funding for new amenities. • Partnering with cities on grant applications for more shelters. • Private developers can purchase and Omnitrans can take on maintenance.
Bus Stop Maintenance
• Safety, cleanliness, and amenities at bus stops are top priorities for Omnitrans Board
– Omnitrans 2017-2020 Strategic Plan, Safety & Security Goal and Service & Operations Goal
• Current initiatives:
– Solar lighting
– Possible Adopt-a-Stop programs (paid sponsorship or volunteer litter pickup)
– Article 3 grants for transit stop access improvements
Article 3 Bus Stop Improvements
• Grant from SBCTA, matched with federal funds
• Bus stop ADA access improvements construction:
– Concrete boarding area and curb
• Agreement for federal funding requirements
Baseline & Pepper Baseline & Meridian Riverside & James
THANK YOU
City of Rialto
Legislation Text
Council Chambers150 S. Palm Ave.Rialto, CA 92376
File #: 18-624, Version: 1, Agenda #: 6
For Economic Development Committee Meeting [June 27, 2018]
TO: Honorable Economic Development Committee Members
APPROVAL: Robb R. Steel, Interim City Administrator
FROM: John Dutrey, Project Manager
Request the Economic Development Committee consider interest and retain a design consultantrelated to County Property at southwest corner of Casmalia Avenue and Alder Avenue.
BACKGROUND:On June 13, 2017, the City Council approved an Amended and Restated Purchase and SaleAgreement (“Agreement”) between the City and the County of San Bernardino for the purchase ofCounty property (portions of APN 1119-241-01 and 02) consisting of approximately 13.22 acressituated south of Casmalia Avenue and west of Alder Avenue (“Property”). Attached is a mapshowing the subdivision of the site into two parcels (Exhibit A).
The Property consists of two parcels: a 6.00 acre parcel beginning at Alder Avenue and goingwesterly (“Six Acre Parcel”) and a second parcel of 7.22 acres situated west of the Six Acre Parcel(“Seven Acre Parcel”). The Agreement provides the City an option to purchase the entire site (“Site”)or each parcel individually. The purchase price for each parcel is $2,300,000 or $4,600,000 total.
On June 12, 2018, the City Council approved making a second deposit of $115,000 to extend escrowto December 29, 2018.
ANALYSIS/DISCUSSION:Kosmont and staff have marketed the Site to RV and auto dealers. Staff met with RV SPA at leastthree times. They may be interest in acquiring and developing the Six Acre Parcel. Staff anticipatesreceiving an interest letter from RV SPA.
Developing the Site requires:
1. Widening and installing medians on Casmalia Avenue from the Fontana boundary to AlderAvenue (“Casmalia Improvements”); and,
2. Extending the sewer line from Alder Avenue going west on Casmalia Avenue (“SewerImprovement”). The Sewer Improvement length includes sewer connection for Six AcreParcel, the Seven Acre Parcel, and a vacant parcel west of the Seven Acre Parcel in Rialto.
Typically, the City requires a developer to prepare plans and construct the off-site improvements andthe City provides impact fee credits/reimbursements to repay the developer. To entice a user todevelop the Site, staff proposes to retain and pay a consultant to prepare the CasmaliaCity of Rialto Printed on 6/22/2018Page 1 of 2
develop the Site, staff proposes to retain and pay a consultant to prepare the CasmaliaImprovements and Sewer Improvements construction plans. The estimated cost is $200,000.
In addition, the City may want to utilize impact fees to pay the off-site improvements relieving thedeveloper of the responsibility. The estimated Casmalia Improvement cost is $1,500,000 and theSewer Improvements is $200,000, both totaling about $1,700,000. The value of the land willincrease upon completion of improvements and it will heighten development interest.
RECOMMENDATION:Staff recommends that the EDC discuss options for the site and direct staff to prepare RFP for designservices and submit to the City Council for approval to retain a consultant.