HomeMy WebLinkAbout2006-232
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3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A
4 COOPERATIVE AGREEMENT WITH SOUTHERN CALIFORNIA ASSOCIATION
OF GOVERNMENTS (SCAG) ESTABLISHING THE CITY OF SAN BERNARDINO
5 AS A COMPASS 2% STRATEGY DEMONSTRATION COMMUNITY, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE GRANT DOCUMENTS
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RESOLUTION NO. 2006-232
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WHEREAS, the Southern California Association of Governments' (SCAG) Compass
Growth Vision and 2% Strategy are critical to solving the growth challenges that
communities in Southern California face; and
WHEREAS, the City of San Bernardino wishes to enter into an agreement with the
SCAG to work collaboratively on as a Compass 2% Demonstration Community; and
WHEREAS, the City of San Bernardino committed to exploring options that will
ensure the timely and realistic implementation of the results of this planning effort;
NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO DO ORDAIN AS FOLLOWS:
14 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized
15 and directed to execute on behalf of said City an Agreement with Southern California
16 Association of Governments (SCAG), a copy of which is attached hereto, marked Exhibit "A"
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and incorporated herein by reference as though fully set forth at length.
SECTION 2.
The City of San Bernardino extends its support to SCAG to
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20 ensure a timely, cooperative, and productive process, resulting in a useful and innovative
21 product that addresses the specific needs and desires of our City while implementing the
22 regional Compass Growth Vision.
23 SECTION 3. The City Manager is hereby authorized to execute grant
24 documents related to the scope of work and the City's related in-kind grant match, as may be
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requested by SCAG from time to time.
SECTION 4.
The authorization to execute the above referenced agreement is
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28 rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage
of this resolution.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
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and Common Council of the City of San Bernardino at a regular meeting thereof, held on the
19th day of June
, 2006, by the following vote, to wit:
14 MCGINNIS
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DERRY
AYES NAYS ABSTAIN ABSENT
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Council Members:
ESTRADA
BAXTER
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KELLEY
17 JOHNSON
18 MC CAMMACK
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22 2006.
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The foregoing resolution is hereby approved this ~1'+
day of _ June
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26 Approved as to
Form:
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2006-232
COOPERATIVE AGREEMENT
This Agreement is entered into this 19th day of June 2006, by and between
Southern California Association of Governments, ("SCAG") and the City of San Bernardino
("CITY" or "San Bernardino").
WITNESSETH:
WHEREAS, the City of San Bernardino wishes to enter into an agreement with
SCAG to work collaboratively on a Compass 2% Strategy, with the goal of conducting
transit-Qriented development (TOO) concept planning within y., mile around the future
TransCenter station area at Rialto and E Street and along the BRT line from Rialto through
the downtown area, as well as economic development analysis for selected parcels/product
types within the study area;
WHEREAS, the City's participation in this important planning effort will benefit its
citizens; and
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
a. SCAG agrees to perform the Scope of Work at no cost to the City (i.e., in-kind
services), as set forth in the "Scope of Work," Exhibit A, attached hereto and incorporated by
this reference. The SCAG Project Manager shall coordinate work related to this Project
through the City Project Manager, Lori Sassoon. SCAG shall furnish all technical and
professional services necessary to perform the tasks set forth in this Agreement. The SCAG
Project Manager and staff shall supply resources for this Project as described in the Scope of
Work, and oversee the SCAG Consultant team throughout the duration of the Project, and shall
coordinate with the other project participants.
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2006-232
b. SCAG shall procure a Consultant to assist SCAG in performing the services as
set forth in the Scope of Work, subject to the execution ofa valid, enforceable contract between
SCAG and its Consultant. SCAG shall maintain final approval of all Consultant deliverables.
c. The City agrees to provide available information concerning potential
redevelopment sites, and to provide SCAG with staff expertise and resources as needed,
including necessary City data, at no cost to SCAG. As it is understood that SCAG will be
funding this project through the use of federal grant funds, the City further agrees to provide
grant match in the form of in-kind services as described in the sample "Match Commitment
Letter", Exhibit B, attached hereto and incorporated herein by this reference.
2. OWNERSHIP OF MATERIALS.
All products, documents, analysis, and materials provided pursuant to the Scope of
Work, shall become the property of SCAG at completion ofthe Project.
3. TERM; SEVERABILITY.
The term of this Agreement shall commence on July 1,2006, and terminate on June 30,
2007, unless previously modified, amended, or cancelled by the written mutual consent of the
parties. This Agreement may be terminated at any time by thirty (30) days written notice by
either party. In the event a party terminates for cause, it shall provide a reasonable opportunity
for the other party to cure prior to termination. The terms of this contract shall remain in force
unless mutually amended. The duration of this contract may be extended with the written
consent of both parties.
4. LIMITATION OF LIABILITY
In no event shall either party be liable to the other party in connection with the
provision or use of the services for claims, demands, costs or damages arising from or
connected with this Agreement.
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2006-232
5. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
SCAG shall not discriminate on the basis of race, creed, color, religion, sex, physical handicap,
ethnic background or country of origin.
6. INDEPENDENT CONTRACTOR.
SCAG shall perform work tasks provided by this Agreement but for all intents
and purposes SCAG shall be an independent contractor and not an agent or employee of the
CITY.
7. NOTICES.
Any notice to be given pursuant to this Agreement shall be deposited with the United
Postal Service, postage prepaid and addressed as follows:
TO THE CITY:
City Manager's Office
300 North "0" Street
San Bernardino, CA 92418
Facsimile (909) 384-5138
TO SCAG:
Wayne Moore, Chief Financial Officer
Southern California Association of Governments
818 W. Seventh Street, 12th Floor (Main Office)
Los Angeles, CA 90017
Facsimile (213) 236-1825
8. ASSIGNMENT
SCAG shall not voluntarily or by operation of law assign, transfer, sublet or encumber
all or any part of the SCAG's interest in this Agreement without CITY's prior written consent.
Any attempted assignment, transfer, subletting or encumbrance shall be void and shall
constitute a breach of this Agreement and cause for the termination of this Agreement.
Regardless of CITY's consent, no subletting or assignment shall release SCAG of SCAG's
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2006-232
obligation to perform all other obligations to be performed by SCAG hereunder for the term of
this agreement.
9. GOVERNING LAW
This guarantee shall be governed by and construed and interpreted in accordance with
the laws ofthe State of California without regard to principles of conflicts oflaw.
10. VENUE
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of Los
Angeles, State of California or the U.S. District Court for the Central District of California
The aforementioned choice of venue is intended by the parties to be the mandatory and not
permissive in nature.
III
III
III
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2006-232
COOPERATIVE AGREEMENT
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date first above written.
Date: M' (lP , 2006
Date: June ~, 2006
ATTEST:
l1(1~tuX e1~
Rachel Clark, City Clerk .
~ )J[Wlo/;w1\t~dm&1 ~
APPROVED AS TO FORM:
James F. Penman, City Attorney
Southern California Association of
Gove nts
By:
City of San Bernardino
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By: .~,..
trick J. orris, ~
Approved as to Legal Form:
5
L
n 1. Tachiki
f Counsel/Legal Services Director
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2006-232
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Exhibit A
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MEMORANDUM
To:
FROM:
SUBJECT:
DATE:
LORI SASSOON, ASSISTANT CITY MANAGER
KAREN GULLEY :\ND COLIN DRUKKER, THE PUNNING CENTER
PROPOSED WORK PROGRAM
JUNE 9,2006
Based on a series of discussions with City staff, we have prepared a revised draft work program for the
proposed 2% Demonstration Project with the City of San Bernardino. In general, the services will
focus on TOO concept planning within V. mile around the future metrolink station area at Rialto and E
Street, as well as along the BRT line from Rialto through the downtown area. In addition certain
parcels within the downtown area will be analyzed using the Economic Development Analysis.
The next step in the process is coordinating with SCAG on the Memorandum of Understanding
required to begin work on the tasks.
1. TOD Vision and Conceptual Plan for "E" Street Station - This future transitcenter will
connect Omnitrans bus service with Metrolink and is also envisioned as a future node for Omnitrans'
BRT service that runs through the City. This station will become a new hub of activity in the San
Bernardino Valley and there is enormous opportunity for transit-supportive development around this
station. This task would involve a transit village planning/design effort within a V. mile radius around
the station area, extending along the BRT route in the downtown area, and would consist of:
. Opportunities and Constraints Analysis - based upon the background information provided by
the City, as well as the transit agencies, we will identify the major pertinent issues associated
with TOO planning within and adjacent to the study area. This will include a half-day meeting
with City staff to discuss and map the opportunities and constraints. Key City staff will need to
attend the meeting so that we can efficiently collect the relevant information. A summary
memo of the key findings/considerations will be prepared, as well as an Opportunities and
Constraints exhibit(s}.
. TOO Conceptual Designs - Based upon the opportunities and constraints analysis and any
recent, existing market demand information, we will prepare schematic design concepts for the
study area. The concepts will focus on land use, circulation, pedestrian connectivity, potential
product types, and other urban elements intended to support transit use for both Metrolink and
BRT. We will evaluate pedestrian linkages within the area, BRT services that provide
meaningful support for metro link commuters, and new development types that are desirable for
this area.
. Visioning Workshops - In coordination with the City, we will conduct two visioning
workshops. The first is expected to be key landowners and other stakeholders. This type of
outreach may take the form of a series of small group meetings with selected stakeholders. A
second workshop is will be conducted with City officials. The purpose of the meeting is to
obtain input on TOO planning and development concepts through a Transit Village Preference
Survey, as well input on issues to be considered in the planning process. A range of residential
and mixed-use development types will be explored with officials to create a catalog of ~","""""'~""
818 West Seventh Street, 12,h Floor, Los Angeles, CA 90017
Phone: (800) 337-4819
info@socalcompass.org I www,socalcompass.org
A project of the Southern California Aswdation of Governments
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2006-232
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desired/successful prototypes for use by the City. We also recommend the creation of two to
three photo simulations for select locations in the study area that would depict potential future
conditions based on the market analysis. Depending on the timing of the workshops, it may be
desirable to obtain comments on the draft alternative concept plans. Advertising and logistics
associated with the workshop will be provided by the City. A summary memo of the input
received and a draft consensus vision for the study area will be prepared.
Stakeholder Meetings - Up to two meetings with City will be conducted during this process to
obtain comments at key intervals.
TOD Plan Refinement and Implementation Strategy - The concept plans will be refined into a
preferred TOD Concept Plan. The final product will include a series of exhibits and supporting
text/statistics illustrating the vision. This document will also identifY the next steps associated
with implementation, as well as the parties responsible.
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2. Economic Development Analysis - An Economic Development Analysis will be conducted
for selected parcels/product types within the study area. These parcels are the priority areas defined by
staff, such as the Food 4 Less site north of the future station area, potential joint use parcels identified
for station facilities, and a large parcel across from the historic Santa Fe Depot Station.
An Economic Development Analysis provides decision makers with the requisite information to make
informed land use policy decisions. The methodology assesses the financial feasibility of site specific
developments. Pro-Forma analyses are tailored to the constraints of individual sites and decided upon
mixes of uses to determine whether a proposed project or prototype development lies in the red or
black. A total of two (2) sites will be analyzed for the proposed 2% Demonstration Project.
The Pro-Forma analysis models developer costs, revenues, and expected returns to provide such
evidence. In so doing the model is specific to the intricacies of the proposed development. For example
the model considers the amounts of below and above grade parking, the amounts of residential space
versus retail space, and the variable costs and market prices these uses generate. Moreover, the analysis
is framed by the existing regulations to show what financial feasibility looks like at a baseline level, and
what feasibility would look like with adjustments to policy - particularly parking, density, height and
setback requirements.
Typically three conditions are analyzed per site - development of the site under existing zoning
regulations or the proposed project, followed by two land use mix scenarios that vary from this
baseline. This offers insight as to the extent of policy change that would be needed to achieve financial
feasibility. In this way decision makers are able to assess a development and/or policy, consider its
financial feasibility as it is proposed, and suggest informed modifications that would better serve the
public interest. As a final deliverable a brief 5-1 0 page synopsis of findings will be provided as well as
visual charts and graphs illustrating the decided upon mix ofland uses we modeled and the subsequent
financial returns for each scenario.
SOtHIIUN(AWONIl,"
818 West Seventh Street, 12" Floor, Los Angeles, CA 90017
Phone: (800) 337-4819
info@socalcompass.org / www.socalcompass.org
A project of the Southern California A:;sociation of Governments
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ASSOCIATION of
GOVUNMENTS
City of San San Bernardino Blueprint Demonstration Project Budget
SCAG Blueprint
Task Grant' In-Kind Match' Total Project
TOO Vision and Conceotual Plan for E Street Station
Opportunities & Constraints 8,000 2,000 10,000
TOO Concepts 17,000 4,250 21,250
Visioning Workshop/Photo Sims (2) 7,000 1,750 8,750
Citv Staff Meetings (2) 5,000 1,250 6,250
TOO Plan RefinemenUlmplementation 1,000 250 1,250
Subtotal $38,000 $9,500 $47,500
Economic Develooment Analvsls
Santa Fe Depot Station 6,000 1,500 7,500
E Street Station 6,000 1,500 7,500
Subtotal $12,000 $3,000 $15,000
GRAND TOTAL $50,000 $12,500 $62,500
'The "SCAG Blueprint Grant" column reflects grant funding awarded to SCAG that will finance consultant services
performing the tasks indicated in the "Task" column, subject to the execution of a valid, enforceable contract
between SCAG and its consultant. SCAG shall maintain final approval of all consultant deliverables.
'The "In-Kind Match" column reflects the value of in-kind services to be provided under the Match Commitment
Leiter signed by the City of San Bernardino. Performance of services under this Agreement is
contingent upon the receipt of such in-kind services (and related documentation) to match the SCAG Blueprint Grant
as required, in order for SCAG to receive the grant funds.
Doc # 125276
EXHIBIT B
OFFICE Ot' THE CITY MANAGER
FREDERICK A. Wn..IliON - Crrv MANAGER
300 North "D" Street. San Bernardino. CA 924I8.()OQJ
909.384.5112. Fax: 909.384.5138
www.sbcity.org
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August 7,2006
Southern California
Association of Governments
818 West Seventh Street, 12'h Floor
Los Angeles, CA 90017-3435
Attn: Lambertus Becker, Interim CFO
RE: SCAG Com"ass Blue"rint Match Commitment
Dear Mr. Becker:
The City of San Bernardino agrees to provide local, in-kind match to the SCAG
Compass Blueprint grant project. This project is funded by the Caltrans Regional
Blueprint Planning Grant, competitively awarded by Caltrans to SCAG, and requires
cash and/or in-kind match financed with non-Federal funds. As a result of the grant and
in reliance upon the City of San Bernardino's commitments as outlined in this letter,
SCAG intends to conduct this project according to the Scope of Work detailed in the
approved grant application and SCAG's Overall Work Program (OWP). Any consultant
services included in the approved grant Scope shall be selected through SCAG's
competitive contracting process.
This letter serves as the City of San Bernardino's commitment to provide $12,500 in in-
kind staff services for the project as outlined in the attached Scope of Work and Line
Item Budget (attached as Exhibits A and B, respectively).
The City of San Bernardino agrees to adhere to SCAG's In-Kind Match requirements
(attached as Exhibit C), and understands that SCAG shall not pay consultant or other
invoices for this Project until such time that SCAG receives the In-Kind Match
Reports(and/or cash match).
em OF SAN BERNARDINO
AWPTED SHARED VALUES: Integrity. Accountability. Respect for Human Dignity. Honesty
If you have any questions, please contact Lori Sassoon at (909) 384-5122.
Fred
Doc # 121662
Exhibit A
City of San Bernardino
IN-KIND CONTRIBUTION
SCOPE OF WORK
WE 06-290
Project: Compass Blueprint
I n-Kind Tasks:
I. Assist in transit station/system evaluation; attend meetings, provide data and review
reports relative to transit station analysis.
2. Assist in outreach activities relative to t.ansit-oriented development, including visioning-
type workshops with general public and community leaders and development of a TOD
preference survey instrument. Activities include: assisting in development of/reviewing
community database; public notification; preparation/review of workshop materials;
participating in community meetings and workshops.
3. Assist in TOD vision and conceptual plan for jurisdiction's transit station. As needed,
activities include presentations to elected officials, opportunities and constraints analysis,
development ofTOD conceptual designs, tipping point (cost-benefit) analysis of
potential land uses, development/analysis of policy alternatives; report preparation
Doc # 121925
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Exhibit C
~tQJN-KIND MAJ.kH REOIl!RL;.~n
A. Within ten (10) business days after receiving a copy of SCAG's Consultant lnvoicc (Invoice), the local agency
providing in-kind match under this Match Commitment shall submit In-Kind Match Reports to SCAG. Such
Invoices are provided for information purposes only. SCAG relains final approval authority of Invoices and In-
Kind Match Reports. SCAG shall not be obligated to pay Invoices until the applicable In-Kind Match Reports
are received by SCAG.
B. WBS Number 06-290.SCGC I shall be used for allin-Kind Match Reports provided for the through June 30,
2007.
C. The In-Kind Match Reports shall include the following:
(I) Name of the local public agency providing the match;
(2) Name of the public agency employee performing in-kind services;
(3) Employee hourly rates, including fringe benefits;
(4) Number of hours;
(5) Tolal costs for each employee;
(6) Reporting period;
(7) Description of services performed; and,
(8)Authorized signalure of the local agency providing the match including Certification that costs were funded
with non-federal, local funds.
D. Upon request, the agency shall provide SCAG additional information or documentation to support the costs
contained in the Match Report or related match documentation. The agency shall additionally maintain and make
available upon request, copies of the Match Reports and supporting documentation for alleast three years from
the date that final payment of federal funds are made on the Project.
E. The agency shall further submit a Quarterly Progress Report to SCAG, no later than ten (10) days after the close
of each quarter (i.e., for the first quarter, ending September 30, the deadline is October 10), describing progress
toward completion of all tasks, projects, and products, conformance with project schedules, and reporting of all
costs incurred for the work clements contained in Exhibit B.
In the submittal of Quarterly Progress Reports, the agency shall include seven, double-sided copies of all
completed products to the assigned SCAG Project Manager, in a form determined by the SCAG Project Manager.
F. The agency further agrees to comply with the following:
(I) The Contract Cost Principles and Procedures, 48 Code of Federal Regulations, Federal Acquisition
Regulations System, Chapter I, Part 31, et seq. (Office of Management and Budget Circular A-87, "Cost
Principles for State, Local, and Indian Tribal Governments)," shall be used to determine the allow"bility of
individual project cost items, and
(2) The Federal administrative procedures in accordance with 49 Code of Federal Regulations, Part 18, "Ilniform
Administrative Requiremcnts for Grants and Cooperative Agreements to State and Local Governments."
Doc#I01668