HomeMy WebLinkAbout2002-313
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28 IMPORTANT NOTE-
Resolution 2002-313 is null and
void because it was not executed
within the time specified - See
Resolution 2003-39.
RESOLUTION NO. 2002-313
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
MAYOR TO EXECUTE AGREEMENT WITH OMNITRANS RELATIVE TO
OBTAINING THE FEDERAL TRANSIT ADMINISTRATION FUNDING FOR THE
RENOVATION AND RESTORATION OF THE HISTORICAL SANTA FE DEPOT.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. THAT THE MAYOR is hereby authorized to execute the Agreement (see
Attachment "I" and incorporated herein) with Omnitrans relative to obtaining Federal Transit
Administration (FT A) funding for the renovation and restoration of the historical Santa Fe
Depot. Such Agreement shall be effective only upon being fully executed by all parties,
SECTION 2. This Agreement shall not take effect or become operative until fully
signed and executed by the parties and no party shall be obligated hereunder until the time of
such full execution. No oral agreement, amendments, modifications or waivers are intended or
authorized and shall not be implied from any act or course of conduct of any party.
SECTION 3. This resolution is rescinded if the parties to the Agreement fail to execute
it within sixty (60) days of the passage of this resolution.
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2002-313
1
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
2 MAYOR TO EXECUTE AGREEMENT WITH OMNITRANS RELATIVE TO
OBTAINING THE FEDERAL TRANSIT ADMINISTRATION FUNDING FOR THE
3 RENOVATION AND RESTORATION OF THE HISTORICAL SANTA FE DEPOT.
4
5
6
7
8
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
jt.
Common Council of the City of San Bernardino at a reg. meeting thereof, held on the UIJi
day of September, 2002, by the following vote, to wit:
Council Members:
NAYS
ABSTAIN
ABSENT
AYES
x
x
x
x
14 SUAREZ
15
16
17
18
19
x
ANDERSON
x
MC CAMMACK
x
~~Lt it rlb.kk
Cit lerk
20
21
22
The foregoing resolution is hereby approved this :) Sflt
/~
"
23 Approved as to
24 form and legal content:
Wendy cCammack
Mayor Pro Tern
City of San Bernardino
25 JAMES F. PENMAN,
City Attorney
26
27 By:~ 1.
f)
If~
28
ATTACHMENT "I"
AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO
and
OMNITRANS
REGARDING
SANTA FE DEPOT RESTORATION
This Agreement Regarding receiving Federal Transit Administration funding for the San
Bernardino Historical Santa Fe Depot ("Agreement") is entered into this day of
2002, by and between the City of San Bernardino ("City") and
Omnitrans, a Joint Powers Authority ("Omnitrans").
Recitals
A. This Agreement describes the respective responsibilities of the City and
Omnitrans relative to obtaining the funds for the renovation and restoration of the San
Bernardino Historical Santa Fe Depot, as said improvements are further described in the
City of San Bernardino 95309 Grant Application attached hereto as Exhibit "A" and
incorporated herein.
R The overall improvement concept is to renovate and restore San Bernardino
Historical Santa Fe Depot (Improvements).
C. Omnitrans, as the Federal Transit Administration Grantee, will pursuant to the
terms of this Agreement, submit a 95309 grant application to the Federal Transit
Administration ("FTA") with respect to obtaining funding for the construction of the
Improvements. The grant application will be for the benefit of the City, as a Subgrantee.
Further, Omnitrans will prepare required or requested periodic reports to the FT A, in a
timely manner so long as it receives in a timely manner all necessary information from
the City.
Page I
D. The City will be considered the Subgrantee for purposes of the grant application,
and is responsible for complying with all provisions of the grant and of applicable
federal, state and local laws and regulations necessary in order to qualify for the funding
for, and to undertake the construction of, the City improvements. Further, the City agrees
pursuant to the terms of this Agreement that it will be responsible for any damages,
including without limit any fines imposed by the FT A, which Omnitrans suffers by virtue
of the City's breach of any term of this Agreement
NOW THEREFORE, based on the forgoing recitals and the following promises
and covenants the parties agree:
1. Oblieations of Omnitrans. Pursuant to, and to the extent provided in,
this Agreement, Omnitrans shall take the following actions:
a. Omnitrans, as the FTA Grantee, will submit a 95309 grant application to
the FT A with respect to obtaining funding for the construction of the Improvements. The
grant application will be for the benefit of the City, as a Subgrantee. The application
shall be submitted within a reasonable time after receipt of all information from the City
necessary for the completion of such grant application and the receipt of such other
assurances from the City as Omnitrans may reasonably require.
b. Omnitrans will sign the grant documents resulting from the forgoing grant
application submittal, upon the receipt of such assurances from the City in addition to
those set forth in this Agreement as Omnitrans may reasonably require.
c. Omnitrans will reimburse/disburse to the City funds obtained from any
grant resulting from the forgoing grant application submittal in conformity with the
following procedure:
I. For each reimbursement or disbursement requested, the City shall
provide a written invoice to Omnitrans specifying the amount requested to be
disbursed, the purpose for which the disbursement is required and such additional
supporting documentation and background information as Omnitrans may
reasonably require.
Page 2
2. Each invoice requesting a distribution shall be accompanied by a
written certification of the City's City Administrator or his designee that such
disbursement as requested by the City will not constitute any violation of the
terms of the grant, or of any applicable federal, state or local law or regulation and
that the City will use the funds disbursed for the purpose indicated in its invoice.
3. Within two (2) working days of the receipt of an invoice and
accompanying certification, Omnitrans shall notify the City as to what, ifany,
additional supporting documentation and background information will be
required. City shall make all required documentation available to Omnitrans
within five (5) working days, unless stipulated otherwise in writing by Omnitrans
4. Within five (5) working days of the receipt ofa completed invoice
(which shall consist of the invoice, the written certification of the City and any
supporting documentation and background information requested by Omnitrans
under subparagraph Lc.3. above), Omnitrans shall: (i) disburse (including
through electronic transfer of funds, if so requested and if City provides the
necessary information) so much of the requested funds which it reasonably
believes it can disburse without violating the terms of either the grant or of
applicable federal, state or local law or regulation; and (ii) notify the City as to
why it reasonably believes that it is unable to disburse some or all of the requested
funds without violating the terms of either the grant or of applicable federal, state
or local law or regulation.
5. To the extent that the FTA advises Omnitrans that any
disbursement of grant funds would constitute a violation of the terms of either the
grant or of applicable federal, state or local law or regulation, Omnitrans shall
have no obligation to disburse such funds. If Omnitrans has any question as to
whether any disbursement will be in violation of any provision of either the grant
or of applicable federal, state or local law or regulation, notwithstanding the
City's certification, it shall be entitled to receive at the City's expense, a legal
opinion from competent counsel of its choice to resolve any such question.
Page 3
I.
6. Omnitrans shall have no liability to the City for any refusal to
disburse funds so long as Omnitrans has a good faith and reasonable belief that
such disbursement would constitute a violation of the terms of the grant or of
applicable federal, state or local law or regulation.
d. Omnitrans shall prepare and submit to the FfA on a timely basis all
required periodic reports and milestone updates, so long as it timely receives all
necessary information and required documentation from the City.
e. Omnitrans shall conduct itself so that any aspect of Omnitrans'
participation in this Agreement and the actions contemplated of it by this Agreement, will
be in compliance with the terms of the grant which is being sought and with all applicable
federal, state or local law or regulation.
2. Payment of Administrative EXDenses of Omnitrans. No compensation for the
obligations undertaken by Omnitrans pursuant to the terms of this Agreement
shall be received from the City.
3. Warranties of the City. City warrants to Omnitrans that:
a. The City has, currently available to it, all funds necessary to provide the
local matching funds required to receive a Ff A S5309 grant in the approximate amount
of $3,537,475.00 (with the 20% local match being $884,368.00).
b. The submittal of the contemplated FfA S5309 grant application by
Omnitrans on behalf of the City will not constitute any violation of applicable federal,
state or local law or regulation.
C. The City shall conduct itself so that all aspects of the construction and
operation of the City improvements, and any aspect of the City's participation in this
Agreement and the actions contemplated of it by this Agreement, will be in compliance
with the terms of the grant which is being sought and with all applicable federal, state or
local law or regulation, including law or regulation related to environmental review of the
improvements. The City agrees to comply with the Certification Letter and incorporated
Page 4
Capital Assistance Protective Arrangement Pursuant to Section 5333(b) of Title 49 of the
U.S. Code, Chapter 53 that provides to employees represented by unions, protections
satisfying the requirements of 49 U.S.C, Section 5333(b). These protections will be
referenced in the grant application, and in the contract of assistance between Omnitrans
and the FT A to be entered into after the grant application is submitted to the FT A, as one
of the conditions of the approval of the grant application by the FTA.
d. The City will use the funds disbursed from the grant for the purpose
indicated in its invoice requesting the disbursal.
4. Oblieations of the City. Pursuant to, and to the extent provided in, this
Agreement, the City shall take the following actions:
a. Provide to Omnitrans all information, including without limit all
information described in C9300.IA, that is needed for the FT A 95309 grant application
submission.
b. Provide the local matching fund portion required to receive the
contemplated FT A 95309 grant and shall submit evidence of same, as to both dollar
amount and source(s), as Omnitrans may reasonably require.
c. Notify Omnitrans of any changes in the scope or description of the
improvements.
d. Certify to Omnitrans, as to each invoice requesting disbursal of grant
funds, that to the best of its knowledge such disbursement will not constitute any
violation of either the provisions of the grant or of applicable federal, state or local law or
regulation and that the City will use the funds disbursed for the purpose indicated in its
invoice requesting the disbursal.
e. Provide to Omnitrans all information needed for quarterly project
reporting and milestone updates in a timely manner to allow Omnitrans enough time to
prepare and submit to the FT A on a timely basis all required or requested FT A reports
Page 5
and updates, but in no event to be received later than fifteen (15) days prior to the
required date of submission to the FT A of such report or update.
f. Conduct all aspects of the construction of the improvements, and any
aspect of the City's participation in this Agreement and the actions contemplated of it by
this Agreement, to insure that such actions will be in compliance with the terms ofthe
grant which is being sought and with all applicable federal, state or local law or
regulation, including law or regulation related to environmental review of the
improvements. The City agrees that the provisions of the Certification Letter, including
without limit the provisions of the Capital Assistance Protective Arrangement, are hereby
made a part of this Agreement and form a part of the terms of the grant with which City
shall comply.
5. Exercise of Riehts under the Aereement. The CEO/General Manager of
Omnitrans, or his designee, shall exercise the rights ofOmnitrans under this Agreement
including, without limit, accepting the certifications of the City required under the terms
of this Agreement The Mayor of the City, or his designee, shall exercise the rights of the
City under this Agreement; however, any certifications of the City required under the
terms of this Agreement shall be provided only by such Mayor or such other
representative of the City as is specified by action of the City's governing body.
6. Insurance and bondine requirements. City shall require that any contractor
providing services with respect to the design or construction of the improvements obtain
and maintain for the duration of this Agreement (or for the duration of such contractor's
involvement in the improvements project, with respect to insurance) insurance and
performance bonds of the type and in the amounts that Omnitrans would require of its
contractors performing similar services on a project similar to the improvements. All
insurance policies shall name Omnitrans and its directors, officers, employees and
volunteers as additional named insured's.
7. City Contract Damaees. Omnitrans shall be responsible to compensate the City
for any damage or loss which the City suffers by virtue of the Omnitrans' breach of any
term of this Agreement, including without limit any and all damages, loss, claims, etc.
(including without limit attorney fees and any action or fine of the FTA) arising from
Page 6
such breach. The cost, salary and expenses of the City Attorney and member of his
office, in connection with that action, shall be considered as attorney's fee for the
purposes of this Agreement [excluding consequential damages]
8. Contract Dama~es. The City shall be responsible to compensate Omnitrans for
any damage or loss which Omnitrans suffers by virtue of the City's breach of any term of
this Agreement, including without limit any and all damages, loss, claims, etc. (including
without limit attorney fees and any action or fine of the FTA) arising from such breach.
The cost, salary and expenses of County Counsel and/or any member of his /her office, in
connection with that action, shall be considered as attorney's fee for the purposes of this
Agreement [excluding consequential damages]
9. Term. The term of this Agreement shall end upon the rejection of the grant
application by the FT A or, assuming the award of the grant sought, upon the completion
of the disbursement of the funds obtained from the grant and the completion of all
reports, updates or any other documentation or responsibility of Omnitrans related to the
grant In all events, this Agreement shall terminate within the time limits set forth in
applicable FT A procedures and regulations but in no event later than two (2) years from
the date hereof.
10. Force Majeure.
a. An "Uncontrollable Force" (force majeure) is any occurrence
beyond the control of a Party which causes that Party to be unable to perform its
obligations hereunder and which a Party has been unable to overcome by the exercise of
due diligence, including but not limited to, flood, drought, earthquake, storm, fire,
pestilence, lightning and other natural catastrophes, epidemic, war, riot, civil disturbance
or disobedience, strike, labor dispute, action or inaction of legislative bodies, judicial
bodies, or regulatory agencies, or other proper authority, which may conflict with the
terms of this Agreement.
b. Neither Party shall be considered to be in default in the
performance of any of the agreements contained in this Agreement when and to the
extent failure of performance shall be caused by an Uncontrollable Force.
Page 7
c. If either Party because of an Uncontrollable Force is rendered
wholly or partly unable to perform its obligations under this Agreement, the Party shall
be excused from whatever performance is affected by the Uncontrollable Force to the
extent so affected provided that: (i) the nonperforming Party within one week after the
occurrence of the Uncontrollable Force, gives the other Party written notice describing
the particulars of the occurrence; (ii) the suspension of performance is of no greater scope
and of no longer duration than is required by the Uncontrollable Force; (iii) the
nonperforming Party uses its best efforts to remedy its inability to perform (this
subsection shall not require the settlement of any strike, walkout, lockout, other labor
disputes or any other dispute on terms which, in the sole judgment of the Party involved
in the dispute, are contrary to its interest, it being understood and agreed that the
settlement of any disputes shall be at the sole discretion of the Party having the
difficulty); and (iv) when the nonperforming Party is able to resume performance of its
obligations under this Agreement, that Party shall give the other Party written notice to
that effect
d. If either Party's ability to perform cannot be corrected when the
Uncontrollable Force is caused by the actions or inactions oflegislative bodies, judicial
bodies, or regulatory agencies or other property authority, the Parties agree to meet in
good faith to determine if this Agreement may be amended to comply with the legal or
regulatory change which caused the nonperformance if the Parties.
11. Authorization by Omnitrans. Omnitrans represents that the terms and
execution of this Agreement, including all Exhibits, have been duly authorized by
Omnitrans' governing Board and that the persons signing this Agreement on its behalf
have the necessary authority to do so.
12. Authorization By The City. The City represents that the terms and execution of
this Agreement, including all Exhibits, have been duly authorized by the City's
governing body and that the persons signing this Agreement on its behalf have the
necessary authority to do so.
13. Headines. All paragraph headings throughout this Agreement are for
convenience of reference only.
Page 8
14. Additional Documents. Each of the Parties shall execute such additional
documents as the other Party may reasonably request in order to carry out or implement
any of the provisions of this Agreement, which request shall not be unreasonably refused.
15. Liti~ation Expenses. If after this Agreement is in effect, any action or
proceeding 0 f any nature shall be commenced seeking to enforce, construe or rescind, or
otherwise relating to this Agreement, the prevailing party in any such action or
proceeding shall be entitled to recover from the other, in addition to all other sums
recoverable, its reasonable litigation expenses, including without limitation, attorney's
fees, expert witness fees and other related expenses and costs. For the City, cost, salary
and expenses of the City Attorney and members of his office, in connection with that
action, shall be considered as attorney's fee for the purposes of this Agreement For
Omnitrans, the cost, salary and expenses of County Counsel and/or members of his/her
office, in connection with that action, shall be considered as attorney's fee for the
purposes of this Agreement
16. Entire A~reement. This Agreement constitutes the sole and entire agreement
between the parties hereto, and no modification, alteration or amendment shall be binding
unless expressed in writing signed by the Parties. No representation, warranty, covenant,
inducement or obligation not included in this Agreement shall be binding, and this
Agreement supersedes all prior negotiations, agreements, arrangements and undertakings
among the Parties hereto with respect to the matters set forth in this Agreement It is the
intent of the Parties that this Agreement is an integrated agreement and that no parol
evidence may be introduced to vary in any manner its terms and conditions.
17. Accuracy Of Representations. As of the date each signed this Agreement, the
representations herein of both Parties are true and correct in all material respects.
18. Ori~inals And Copies. This Agreement with the Exhibits attached hereto may
be executed in counterparts, each of which shall be deemed an original. In any action or
proceeding, an exact and correct copy may be used in lieu of an original.
19. Construction Of A~reement.
Page 9
a. Equal Construction. This Agreement and the Exhibits attached
hereto shall not be construed in favor of or against a Party by reason of participation or
lack of participation of that Party or its counsel in the drafting of this Agreement and the
Exhibits attached hereto. This Agreement and the attached Exhibits shall be interpreted
and construed as drafted by all Parties with equal participation in the drafting hereof.
b. Internal Consistency. The Parties intend that the terms of this
Agreement and of the Exhibits are all internally consistent with each other and should be
construed to that end. If any irreconcilable inconsistency shall be determined between
the terms of this Agreement and the terms of any of the Exhibits attached hereto, the
terms of this Agreement shall control over the terms of any of the Exhibits.
20. Notices. All notices and communications, including invoices, between the Parties
to this Agreement shall be either personally delivered, sent by first-class mail, return
receipt requested, or sent by overnight express delivery service, postage or other charges
fully prepaid, as follows:
To Omnitrans:
1700 West Fifth Street
San Bernardino, CA 92411
Atten tion:
Nancy Jaramillo
To the City: San Bernardino
300 North "D" Street
San Bernardino, Ca. 92418-0001
Attention: Ray Casey
,
21. No Third Party Beneficiaries. There are no third party beneficiaries to this
Agreement. Other than the Parties, no person, political subdivision, agency, board,
department, division or commission shall be entitled to bring an administrative or judicial
proceeding to enforce or interpret its terms.
IN WITNESS WHEREOF, this Agreement has been executed by the parties
hereto as of the day and year first written above.
Page 10
AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO
and
OMNITRANS
REGARDING
SANTA FE DEPOT RESTORATION
Durand 1. Rail, General Manager
/
CITY OF SAN BERNARDINO
~4~~c~
V7
Wendy McCammack
Mayor Pro Tern
OMNITRANS
Legal Counsel for Omnitrans
APPROVED AS TO FORM AND LEGAL
CONTENT:
JAMES F. PENMAN,
City Attrney
By: ~"9. t~
(/
APPROVED AS TO FORM:
COUNSEL
By:
Page 11
DOT
Exhibit "A"
o
FTA
U.S. Department of
Transportation
Recipient 10: 1681
Recipient Name: OMNITRANS
Project 10: CA-03-0612-00
Budget Number: 1 - Budget Pending Approval
Project Information: Capital Purchases
Federal Transit Administration
Application for Federal Assistance
....,,-.--.;.
Part 1: Recipient Information
Project Number:
Recipient 10:
Recipient Name:
Address:
Telephone:
Facsimile:
~:~~3-0612-00 -. .'-=::11
OMNITRANS .--..---:
'-,'~._._-~----'l
1700 WEST FIFTH STREET, SAN BERNARDINO, CA 9241100QO:
(909) 379-7100.-'..----.
.'~=;i
(909) 889-5779 :,
_...-~~.~._....;;j
Union Information
1681
SAN BERNARDINO PUBLIC EMPLOYEES ASSOCIATION
433 N. Sierra Way
Recipient 10:
Union Name:
Address 1:
Address 2:
City: San Bernardino, CA 92402 0000
Contact Name: Dave Holgrum
Telephone: (909) 889-8377
Facsimile: (909) 888-7429
Recipient 10:
Union Name:
Address 1:
Address 2:
City:
Contact Name:
Telephone:
Facsimile:
1681
AMALGAMATED TRANSIT UNION
P.O. Box 172
San Bernardino, CA 92402 0000
Dale Moore
(909) 689-8776
(909) 689-8776
Part 2: Project Information
Project Type: Gross Project Cost:
Grant $7,075,854
Project Number: Adjustment Amt:
CA-03-0612-00 $0
Project Description: Total Eligible Cost:
Capital Purchases $7,075,854
Recipient Type: Total FTAAmt:
Other Governmental Organization $5,659,276
FT A Project Mgr: Total State Amt:
$0
Recipient Contact: Total Local Amt:
$1,416,578
New/Amendment: Other Federal Amt:
None Specified $0
Amend Reason: Special Cond Amt:
None Specified $0
Fed Dom Asst #:
None Specified
Special Condition:
None Specified
Sec. of Statute:
5309
S.C. Tgt Date:
None Specified
State AppL 10:
None Specified
S.C. Eft. Date:
None Specified
Start/End Date:
Est Oblig Date:
None Specified
Recvd. By State:
Pre-Award Authority?:
No
EO 12372 Rev:
Not Applicable
Fed. Debt Authority?:
No
Review Date:
None Specified
Final Budget?:
No
Planning Grant?:
NO
Program Date (STIP/UPWP/FTA Prm Plan):
Jan. 31,2002
Program Page:
Application Type:
Electronic
Supp. Agreement?:
No
Debt Delinq. Details:
Urbanized Areas
UZAID
60000
UZA Name
CALIFORNIA
Conaressional Districts
State 10
6
6
6
District Code
40
41
42
District Official
Jerry Lewis
Gary G Miller
Joe Baca
Proiect Details
YR PROJECT UNOBILlGATED ALLOCATION
01 Rialto, Intermodal Facility $544,673
00 San Bernardino, Train Station $2,943,286
01 San Bernardino, Train Station $ 594,189
00 Redlands, Trolley Project $ 784,876
01 Redlands, Trolley Project $ 792,252
Omnitrans submits the following discretionary grant application on behalf of the City of Rialto for
the Rialto Metrolink Improvement project, City of San Bernardino for the Santa Fe Depot
Rehabilitation and the City of Redlands for the Redlands Trolley Project
On behalf of the City of Rialto, Omnitrans proposes improvements to the pedestrian and
intermodal connections from the Metrolink Station, to the Civic Center, which includes the City
Hall, Library, Post Office, Avenue from the Civic Center to Riverside Avenue as well as to bus
stops on Riverside Avenue (Ali # 12.34.03). In all, the project area is encompassed by First Street
on the north, Palm Street on the west, the Metrolink station/train tracks on the south, and Riverside
Avenue on the east.
This project is formally named "Rialto, Intermodal facility" in the Federal Register dated January
18,2001, under Prior Year Unobligated Section 5309 Bus Allocations for the Fiscal Year 2000
Allocation Extended in Conference Report 106-490. The amount of this allocation is $544,673.
The current design isolates the Metrolink Station from the Downtown area of Rialto and is
inconvenient from the bus stops on Riverside Avenue, and does not project a pedestrian friendly
connection to the Civic Center. The bus stop on the west side of Riverside Avenue is not
accessible to the street, as the nearest crosswalk is aimost a block away. Furthermore, the
pedestrian access from the station building and ticket machines to the eastern part of the parking
lot adjacent to riverside is inadequate and not apparent. Current placement of the accessible
boarding platform at the facility is poor because it does not allow rides with disabilities to take
shelter inside the depot building. Relocation of ticketing machines and the accessible boarding
piatform will increase accessibility to the depot, thus enhancing commuter amenities and comfort.
It is expected that improved pedestrian, bicycle and handicap access to busses and trains, as well
as enhanced station visibility, convenience and comfort will increase intermodal ridership. No other
type of construction will be built at this location.
A public hearing on the proposed project was duly noticed. Held January 16, 2001 in front of the
Rialto City Council, two comments were made by the public. One comment requested that
additional Metrolink parking be added with the project and the other comment requested that the
local match set aside for the project be used to improve the condition of the roads instead.
Additional parking was not included with the original project scope, and therefore would need to be
considered separately and the local match among is a discretionary state funding source that was
specifically applied for to provide money for this project, and therefore can not be used to improve
road conditions. This project can be found in the FYOO/01 - FY05/06 FSTIP, SBD59203, page 5.
Omnitrans submits, on behalf of the City of San Bernardino, this grant for Renovation of the Santa
Fe Depot(Ali # 12.34.03).
This project is formally named "San Bernardino Train Station" in the Federal Register dated
January 2,2002, under Prior Year Unobligated Section 5309 2002 and 2001 Allocations. The
amount of the allocation is $3,537,475, which will be use only towards the construction portion of
the renovation.
The site is in the shape of a triangle, with the narrow end oriented in an easterly direction. The
two-story, 55,000 square foot Mission Revival depot building occupies the western half of the site.
The Depot presently is used as a rail station for Amtrak passenger service. A Metrolink commuter
rail passenger station, managed by the Southern California Regional Rail Authority, is separate but
adjacent to the Depot. A temporary crew quarter's facility and tracks support the Metrolink station.
There will be a cost to temporary relocate businesses within the Santa Fe Depot.
Immediately in front of the depot are parking spaces for Amtrak customers, and a bus/van loading
and unloading area. A temporary modular building (which houses the crew quarters for Metrolink)
is located in front of the depofs west wing. The east side of the site is developed with a little-used
parking lot. The north side of the site is developed with a Metrolink and Amtrak platforms, and
tracks. There is very little landscaping on the site or around the building.
The site is located in an area developed with industrial and transportation related uses. Once
complete, it is expected that the facility will have a variety of uses: multi-modal transportation,
government and transportation agency offices, employment offices and services, conference and
banquet facilities, vocational and continuing education facilities, commercial retail uses, and a
museum/archive facility.
The renovation of the Santa Fe Depot in San Bernardino will be restoring existing roofing, interior
and exterior walls, windows, doors, light fixtures, seismic retrofit of the building, installation of new
mechanical, plumbing, electrical, telephone and data systems. Omnitrans, MARTA, Amtrak,
Metrolink, SANBAG, public and city of San Bernardino, will use the facility.
The public hearing on the renovation of the Santa Fe Depot was duly noticed. Held on November
29,2001 at the Fourth Floor Conference Room located in City Hall. No comments, from the public,
were given at the time of the meeting. This project can be found in the FYOO/01 - FY05/06 FSTIP,
41058, page 69. In addition, regional public hearings were held in July 2001 and included in this
project for the RTIP.
Omnitrans also submits, on behalf of the City of Redlands, this grant for the Redlands Trolley
Project, which includes the purchase of three alternate fuel motor coaches "trolleys" and the
necessary alternate fueling infrastructure to operate the "trolleys".
The allocation amount for the Redlands Trolley Project is $1,577,128 from allocations for Fiscal
Years 2000 and 2001.
Redlands Trolley Project is to develop and implement a frequent service fixed route "trolley" (Ali
#11.13.04) in and around the City of Redlands in San Bernardino County. The service will provide
wheeled "Trolley" vehicles, which will be in character with the heritage of the City of Redlands and
complement the historic downtown with its late-nineteenth century look and feel. The project will
provide cost-effective public transportation service, which would reduce traffic congestion, improve
air quality and enhance the quality 0 life for residents and visitors to the area.
Within the City's boundaries are several major employers. In addition, the City has become a
major destination for many entertainment and shopping activities. With this increase in growth and
traffic congestion, the City of Redlands proposes to develop and implement an intown/downtown
"trolley" service which would move Redlands' residents, visitors to the city, students of the
University of Redlands and employees of major businesses in and around the city during a
demonstration period of three years.
To support the operations of the "trolleys", a new LNG/CNG fueling station (Ali # 11.43.06) will be
built and located in the Redlands Corporate yard. Liquid Natural gas will be trucked in by 10,000-
gallon increments. The fuel used for the "trolleys" will be stored in Liquid (LNG) form then
converted into CNG. This will help ensure the avoidance of any nauseous orders and or possible
community problems.
This project can be found in the FYOO/01 - FY05/06 FSTIP, 20037, page 69. In addition, regional
public hearings were held in July 2001 and included this project for the RTIP.
The congressional districts for Omnitrans Service Area are under Jerry Lewis (40), Gary Miller (41)
and Joe Baca (42).
Part 3: Budget
Proiect Budqet
Quantitv FT A Amount
Tot EIiQ.
Cost
SCOPE
123-00 RAIL - STATION/STOPS/TERMINALS
ACTIVITY
12.34.03 REHAB/RENOV - INTERMODAL
TERMINAL - RIAL TO
SCOPE
114-00 BUS: SUPPORT EQUIP AND
FACILITIES
1
$544,673 $682,173
$544,673 $682,173
1
$981,210 $1,375,918
ACTIVITY
11.43.06 CONSTRUCT - SHOP
EQUIPMENT - REDLANDS
SCOPE
111-00 BUS - ROLLING STOCK
ACTIVITY
11.13.04 BUY <30-FT BUS FOR
EXPANSION - REDLANDS
SCOPE
123-00 RAIL - STATION/STOPS/TERMINALS
ACTIVITY
12.34.03 REHAB/RENOV - INTERMODAL
TERMINAL - SANTA FE DEPOT
$981.210 $1.375.918
3 $595.918 $595~~l8
3 $595.918 $595.918
1 $3.537.475 $4.421.845
$3.537.475 $4.421.845
Estimated Total Eligible Cost:
,
>..;;.,~., :1
$7 ,075,~5<l:
Federal Share:
"..--.-.. - ..-----~.~J
$5!~5~,~I~':
Local Share:
$1 ,4~~!5!~j
OTHER (Scopes and Activities not included in Proiect Budqet Totals)
None
No Amendment Fundinll Source information is available for the selected proiect
Alternative Fuel Codes
11.13.04 BUY <30-FT BUS FOR EXPANSION - REDLANDS Compressed Natural Gas
Extended Budqet Descriptions
Changes since the Prior Budget
Unable to find chanQe amount information.
Part 4. Milestones
11.43.06 CONSTRUCT - SHOP
EQUIPMENT - REDLANDS
$981,210
$1,375.918
Milestone Description
Est Comp.
Date
~
1. RFP Preparation
2. Select & Award Contractor
3. Design Complete
4. Begin Construction
5. Construct Fueling Station
12.34.03 REHAB/RENOV - INTERMODAL
TERMINAL - RIAL TO
Milestone Description
1. Construction Award Phase
2. Construction Phase
3. Construction Complete
11.13.04 BUY <30-FT BUS FOR
EXPANSION - REDLANDS
Milestone Description
1. RFP/IFB OUT FOR BID
2. CONTRACT AWARDED
3. FIRST VEHICLE DELIVERED
4. ALL VEHICLES DELIVERED
5. CONTRACT COMPLETE
12.34.03 REHAB/RENOV -INTERMODAL
TERMINAL - SANTA FE DEPOT
Milestone Description
1. RFP/IFB Issued
2. Contract Award
3. Contract Complete
Part 5. Environmental Findings
114306 CONSTRUCT - SHOP
EQUIPMENT - REDLANDS
Findinq NO.1 - Class II(d)
008 - Construction of new bus storage
1
$544,673
Jun.07,20~2
JuL 16, 200.3
Aug. 26, 2002
Sep. 09, }i~~'
Jan. 21, 2003.'
,;1
$682,173
Est Comp.,
Datei'l.
JUrl:O{~
JU"L 01',~~g9.~1
JuL 01 ,}8q~j
$595,918
- ~-'----=jl
Est comp.:\
.Datei
Nov.~7~~g91!i
Apr. 03,2002!
Dec. 01,-20@
Jan. 01,2.0il1!i
Jan. 01 :26o~i
. -.-,..--,-~,;;.J
1 $3,537,475 $4,421,845
'.C..'-"~l
Est Comp.1
Date'l
,-",-"~",,,:,""'"I
Jan. 15, 2002.,
Mar. 04, 200.3'
Mar. 01, 2004;,
1 $981,210 $1,375,918
3
$595,918
Construction of new bus storage and maintenance facilities in areas used predominantly for
industrial or transportation purposes where such construction is not inconsistent with existing
zoning and located on or near a street with adequate capacity to handle anticipated bus and
support vehicle traffic.
Finding
Details:
December 12, 2001
Mr. Leslie Rogers
Region IX Administrator
Federal Transit Administration
201 Mission Street, Suite 2210
San Francisco, CA 95105
Request for FT A Concurrence with a Categorical Exclusion for the Design and
Construction of a New LNG/CNG Fueling Station in the City of Redlands
The City of Redlands has received funding to design and construct a fueling station
that will have the ability to dispense LNG and CNG fuel (herein referred to as
LNG/CNG station) at or adjacent to the Redlands Corporate Yard. Once the
environmental clearance is obtained, the City plans to select an engineering
consultant to select a site for the new facility and to design the facility to meet the
City's and other beneficiary agency's needs. The facility will be located in one of
three locations currently owned by the City: 1) the northwest corner of the
corporate yard (APN 169-351-06),2) the south quarter of the corporate yard (APN
169-351-06), or 3) the north portion of the City's vacant 4.5 acre parcel (APN 292-
192-19) across the street from the corporate yard.
Omnitrans respectfully requests a categorical exclusion (CE) for the construction of
an LNG/CNG Fueling Station in the City of Redlands at anyone of the above
mentioned locations under 23 CFR Part 771.117(d)(8):
"(d)(8) Construction of new bus storage and maintenance facilities in areas used
predominately for industrial or transportation purposes where such construction is
not inconsistent with existing zoning and located on or near a street with adequate
capacity to handle anticipated bus and support vehicle traffic."
Omnitrans believes that this project qualifies for a CE under 23 CFR Part
771.117(d)(8) because the existing City General Plan, City Specific Plan, the City
zoning, and traffic patterns in the City of Redlands are consistent and compatible
with these facilities.
The proposed LNG/CNG fueling station will consist of the following components: 1)
LNG portion: cryogenic bulk storage tank(s), submerged cryogenic pump, heat
exchanger, vacuum jacketed plumbing, offloading station, dispenser(s), a control
panel, adequate safety hardware including a containment area around the tank; 2)
CNG portion: ASME storage tanks, electrical supply panel, K-220 compressor,
CNG dispensers. The fueling station will be made available to those public
agencies that have an agreement with the City and will be able to activate the
pumps through the use of a gas reader card. The station will be operational 24
hours per day, 7 days per week. Liquid Natural Gas will be trucked in by 10,000-
gallon increments for both the LNG and CNG portions of the station. CNG will be
compressed on-site.
The City has discussed use of the facility with the following fleet users in addition to
the City's Public Works Department, Municipal Utilities Department, Equipment
Maintenance Department, Employee Van Pool, and the Redlands Rubber-Wheeled
Trolley System:
Redlands Unified School District
Omnitrans
Southern California Gas Company
City of Highland
City of Yucaipa
In addition, the station will be designed in such a way that when the Redlands City
Council decides to open the station up to private fleets, the conversion will be
inexpensive. The proposed station is less than one mile from Interstate 10 and
could be a substantial benefit to the private fleet industry. Once this decision is
made by the governing board, a marketing campaign will be initiated with the
purpose of reaching those private natural gas powered fleets using 1-10. This will
help in the campaign to reduce vehicular emissions in the Southern California Air
Basin.
Based on the estimated capacity and use of the station, below is a review of the
estimated project by impact area:
A. Significant Impacts on Land Use and Zoning
The current City General Plan land use and zoning for the site and its surroundings
are designated public institutional, commercial, industrial, or commercial industrial.
All sites proposed are designated commercial/industrial on the General Plan and
zoned public institutional or light industrial. The surrounding properties are
occupied accordingly and land uses are consistent with the maximum zoning
allowed.
B. Significant Impacts on Air Quality
The City of Redlands is committed to transitioning its fleets of vehicles, heavy
equipment, and buses to reliable alternative fuel sources that have low or no
emissions. Construction of this station will provide the City with the ability to fuel
alternatively fueled vehicles in the Redlands area.
C. Significant Impacts on Noise
The construction of the proposed station should not impact noise in the area
significantly, as the surrounding land use is industrial and commercial and the area
is traversed frequently by truck and automobile traffic. Additionally, noise during
construction will occur during normal business hours. The design consultant will
review noise impact and design the station in such a way that noise from the
compressor is not a concern.
D. Significant Impacts on Water Quality
There are no bodies of water near the site. The City is committed to following the
guidelines of the NPDES permit as outlined in the Report of Waste Discharge.
Adequate provisions for treatment of possible contaminates will be included in the
project Appropriate capacity issues and contamination issues will be dealt with
during design of the facility.
E. Significant Impacts on Wetlands
The project is not near a wetland.
F. Significant Flooding Impacts
The station site is not located in a 100-year floodplain. The project will not increase
the potential for flooding in the area.
G. Significant Impacts on Navigable Waterways and Coastal Zones
This project does not affect navigation, nor is it within a coastal zone and does not
affect a coastal zone.
H. Significant Impacts on Ecologically-Sensitive Areas
No ecologically-sensitive areas are located within or near the project sites.
I. Significant Impacts on Endangered Species
No threatened or endangered species are located in the project area.
J. Significant Impacts on Traffic
The impact on traffic will be minimal. The operations at the corporate yard will
remain unchanged. Additional traffic from other fleets will be added, however, the
streets are adequately sized for the minimal amount of additional traffic that will be
generated by the project
K. Significant Impacts on Energy
Additional energy will be used for the compressor at the LNG/CNG fueling station.
The station will allow Redlands to support more energy efficient vehicles and
busses that will reduce dependence on automobiles for transportation.
L Significant Impacts on Historic Properties and Parklands
No property presently included in the National Register of Historic Places or eligible
for inclusion will be affected by this project No parkland or other Section 4(f)
property is being utilized in this project
M. Significant Impacts from Construction
Impacts due to construction will be regulated through environmental specifications
in the construction contract Construction will not result in violation of local, state, or
federal air, noise, or water quality standards. Construction plans will include
measures to mitigate disruption of traffic and community services such as utilities.
Construction will not result in adverse economic impacts on area businesses.
N. Significant Visual Impacts
The area surrounding the site does not have a defined visual character. The area
is made up of industrial, commercial, and office space uses, of different scales of
structures and with no landmarks or historic structures. The station structural
elevations will be designed to blend with the surrounding facades and be
architecturally and visually pleasing.
O. Significant Community Disruptions
No displacements will be caused by this project Neighborhood and community
boundaries will not be split or altered by this project Service areas of community
facilities will not be interrupted by this project Access to community facilities will
not be reduced by this project and exiting patterns of circulation will not be
disrupted by the project No barriers that would alter the cohesion of the community
will be created by this project
P. Significant Impacts on Safety and Security
Safety and security measures will be taken in the development of this station.
Fences, screening walls and security cameras and gates may be used for this
facility. Proper warning and safety devices will be included with the development of
the station to assure employee and user protection.
Q. Consistency with Local Plans
The project falls within the goals, objectives and land use designations of the
Redlands General Plan, is consistent with the East Valley Corridor Specific Plan
and zoning and is compatible with existing land use patterns established by the
local jurisdiction and will not require amending existing plans.
Your concurrence with Omnitrans' position that the City of Redlands LNG/CNG
fueling station project qualifies for a CE under 23 CFR Part 771.117(d)(8), will
allow the City to begin design of project
Sincerely,
Durand L Rail
CEO/General Manager
123403 REHAB/RENOV-
INTERMODAL TERMINAL-
RIAL TO
1
$544,673
$682,173
Findinq NO.1 - Class lI(cl
C03 - Bicycle, pedestrian construction project
Construction of bicycle and pedestrian lanes, paths, and facilities.
111304 BUY <30-FT BUS FOR
EXPANSION - REDLANDS
3
$595,918
$595,918
Findinq NO.1 - Class II(cl
C17 - Purchase of vehicies
The purchase of vehicles by the applicant where the use of these vehicles can be
accommodated by existing facilities or by new facilities which themselves are within aCE.
123403 REHAB/RENOV-
INTERMODAL TERMINAL-
SANTA FE DEPOT
1 $3,537,475 $4,421,845
Findinq NO.1 - Class lI(d)
009 - Reconstruction of rail & bus buildings
Rehabilitation or reconstruction of existing rail and bus buildings and ancillary facilities where
only minor amounts of additional land are required and there is not a substantial increase in
the number of users.
Finding
Detaiis:
October 5, 2001
Mr. Leslie Rogers
Region IX Administrator
Federal Transit Administration
201 Mission Street, Suite 2210
San Francisco, CA 94105
Re: Request for FTA Concurrence with a Categorical Exclusion for the
Rehabilitation and Adaptive Reuse of the Santa Fe Depot, Located in San
Bernardino, California.
Dear Mr. Rogers:
Omnitrans is preparing this request in response to Federal Transit Administration
Section 5309 funds received by the City of San Bernardino in Fiscal Years 2000
and 2001, and any possible future funds received by the City of San Bernardino
under this project. The funds received will be used to rehabilitate and reuse the
existing Santa Fe Depot, located at 1170 West Third Street. On behalf of the City,
Omnitrans respectfully requests a categorical exclusion for this project under 23
CFR Part 771.117(d)(9):
"(9) Rehabilitation or reconstruction of existing rail and bus buildings and ancillary
facilities where only minor amounts of additional land are required and there is not
a substantial increase in the number of users:'
The site is in the shape of a triangie, with the narrow end oriented in an easterly
direction. The two-story, 55,000 square foot Mission Revival depot building
occupies the western haif of the site. The Depot presently is used as a rail station
for Amtrak passenger service. A Metrolink commuter rail passenger station,
managed by the Southern California Regional Rail Authority, is separate but
adjacent to the Depot. A temporary crew quarters facility and tracks support the
Metrolink station.
Immediately in front of the depot are parking spaces for Amtrak customers, and a
bus/van loading and unloading area. A temporary moduiar building (which houses
the crew quarters for Metrolink) is located in front of the depot's west wing. The
east side of the site is developed with a little-used parking lot. The north side of the
site is developed with a Metrolink and Amtrak platforms, and tracks. There is very
little landscaping on the site or around the building.
The current site is used by Metrolink (the regional rail provider), Amtrak, and
Omnitrans. The site is located in an area developed with industrial and
transportation related uses. Once complete, it is expected that the facility will have
a variety of uses: multi-modal transportation, government and transportation
agency offices, employment offices and services, conference and banquet
facilities, vocational and continuing education facilities, commercial retail uses, and
a museum/archive facility.
It has been determined by the City that this project will qualify for a Categorical
Exemption/Exclusion under the National Environmental Policy Act (NEPA) and the
California Environmental Quality Act (CEQA). The specific exemption class under
CEQA is a Class 31 Categorical Exemption for the restoration of historic structures
(CEQA Guidelines 915331). On May 17,2000, the City received a NEPA
determination from FHWA that this project qualifies for a Categorical Exclusion
(Attachment-1). Also, the City has assured that it will comply with Section 106 of
the National Historic Preservation Act of 1966 (NHPA).
Based on the estimated capacity and use of the facility, below is a review of the
estimated project by impact area:
A. Significant Acquisition and Relocations Required
This funding will be used entirely for rehabilitation of the existing structure. No
acquisition or relocations will be required.
B. Significant Impacts on Land Use and Zoning
The site is currently zoned for Industrial/Heavy uses. The immediate surrounding
properties are commercial and retail in nature, and residential uses are located
beyond that The rehabilitation will be consistent with current and immediately
surrounding land uses.
C. Significant Impacts on Air Quality
Currently, the site is used daily by over 200 automobiles for Metrolink parking and
by staff/patrons of Amtrak. This project has the potential of decreasing the number
of automobiles used, as it will be the location of office space and some retail
establishments, as well as a major transportation hub for bus, rail, and other
alternative transportation modes (I.e., shuttles, cabs, etc).
D. Significant Impacts on Noise
The rehabilitation of this facility should not impact noise in the area significantly, as
the surrounding land use is industrial and commercial and the area is traversed
frequently by truck and automobile traffic, as well as by trains. Additionally, noise
during construction will occur during normal business hours.
E. Significant Impacts on Water Quality
There are no bodies of water near the site. Adequate provisions for treatment of
possible contaminates will be included in the project Appropriate capacity issues
and contamination issues will be dealt with during the architecture, engineering,
and construction of the facility.
F. Significant Impacts on Wetlands
This project is not located within or near a wetland.
G. Significant Flooding Impacts
The facility site Is not located within the 1 OO-year fioodplain. The project will not
entail the creation of additional impervious surfaces, and the study of any impact
and resolutions of those impacts this will have on the local flooding conditions will
be handled through the specifications made for the facility.
H. Significant Impacts on Navigable Waterways and Coastal Zones
This project does not affect navigation, nor is it within a coastal zone and does not
affect a coastal zone.
I. Significant Impact on Ecologically-Sensitive Areas
No ecologically-sensitive areas are located within or near the project site.
J. Significant Impacts on Endangered Species
No threatened or endangered species are located in the project area.
K. Significant Impacts on Traffic
The impact on traffic will be minimal. The street that will be impacted with ingress
and egress from the facility is Third Street, and possibly Second Street, as Third
Street flows directly onto it The street is not busy with traffic, and truck traffic
should not impact the flow of the traffic that does use the street
L. Significant Impacts on Energy
The additional uses planned for this facility will result in consuming more heating,
cooling and lighting resources. This multi-modal nature of this facility will facilitate
people to use more energy efficient public transportation options.
M. Significant Impacts on Historic Properties and Parklands
The current property has been through the Section 106 compliance process, which
ensures that the restoration and rehabilitation for adaptive reuse will not impair the
architectural integrity or historic value of the Depot No parkland or other Section
4(f) property is being utilized in this project
N. Significant Impacts from Construction
Impacts due to construction will be regulated through environmental specifications
in the construction contract Construction will not result in violations of local, state,
or federal air, noise, or water quality standards. Construction plans will include
measures to mitigate disruption of traffic and community services such as utilities.
Construction will not result inn adverse economic impacts on area businesses.
O. Significant Visual Impacts
The area surrounding the project site does not have a defined visual character.
The area is made up of commercial and retail uses, of different scales of structures
and with no landmarks or historic structures. This building, as it stands, is the only
one with any significant visual impact The building elevations will not be disturbed
or degraded.
P. Significant Community Disruptions
No displacements will be caused by this project Neighborhood and community
boundaries will not be split or altered by this project Service areas of community
facilities will not be interrupted by this project Access to community facilities will
not be reduced by this project and exiting patterns of circulation will not be
disrupted by the project No barriers that would alter the cohesion of the community
will be created by this project
Q. Significantlmpacls on Safety and Security
Safety and security measures will be taken in the development of this facility.
Fences, screening walls and security cameras and gates have been used
successfully in the past, and will be used for this facility.
R. Consistency with Local Plans
This project falls within the zoning and land use patterns established by the local
jurisdiction and will not require amending existing plans.
Although not anticipated, redevelopment of the Santa Fe Depot will be delayed if
there are environmentai concerns raised, and FTA will be informed. Your
concurrence with Omnitrans belief that it qualifies for a CE under 23 CFR Part
771.117(d)(9) for the rehabilitation and adaptive reuse would allow Omnitrans to
include this project with the fiscal year 2002 !j5309 grant application, and any
future grant applications submitted to complete the project
Sincerely,
Durand L. Rail
CEO/General Manager
Cc: Hymie Luden, FTA Region IX
Michelle Cox, Omnitrans
Ray Casey, City of San Bernardino
Part 6: Fleet Status
Fixed Route
Before
Chanae
'.~ ;..;.;...;.,.'~I
~~~r!l
I. Active Fleet
A. Peak Requirement
B. Spares
C. Total (A+B)
D. Spare Ratio (B/A)
II. Inactive Fleet
A. Other
B. Pending Disposal
C. Total (A+B)
III. Total (I.C and II.C)
156
30
186
19.23%
o
f5~i
... '-3Q]
.J~
1923%;
.~_..~-
."
0,;
-oi;.'"
.. .J. _
0.00%':"" ..
13
16
29
215
;-; .__1
""U1('. <~
O;L. . ... ~
0"---'16],
(iT ...._m'2911
..'9f~_.:_ ~=~1~1
"Trolleys" will not be apart of Omni's fleet and will be owned by the City of
Redlands.