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HomeMy WebLinkAbout08-City Manager CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Date June 25, 2009 Subject: Resolutions authorizing a Master Cooperative Agreement by and between Omnitrans, the City of San Bernardino, and the Economic Development Agency of the City of San Bernardino for the Development of the "E" Street Corridor SBX Rapid Transit Project. Meeting Date: August 3, 2009 - From: Charles McNeely, City Manager Prepared by: Catherine Pritchett, Management Analyst 1 Dept: City Manager's Office Synopsis of Previous Council Action 7/21/2008 - Mayor and Common Council and CDC adopt an MOU by and among the City of San Bernardino, the Redevelopment Agency of the City of San Bernardino, Omnitrans and the City of San Bernardino regarding the development of transit oriented projects. 12/2005 _ The Mayor and Common Council adopt in concept the Locally Preferred Alternative (LPA) for the E Street Transit Corridor and transit supportive uses adjacent to the LP A stations Recommended Motion: Adopt Resolutions. Mayor and Common Council Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Master Cooperative Agreement by and between the City, the Economic Development Agency and Omnitrans for the Development of the "E" Street Corridor SBX Rapid Transit Project. Community Development Commission Resolution of the Community Development Commission of the City of San Bernardino authorizing the Interim Executive Director of the Redevelopment Agency to execute a Master Cooperative Agreement by and between the City of San Bemardino, the Economic Development Agency and Omnitrans for the Development of the "E" Street Corridor SBX Rapid Tran' roje t Contact person: Catherine Pritchett, Management Analyst I Phone: 384-5122 Supporting data attached: Staff Report, Resolution, Agreement, Ward: 1 Sl, 2nd, 3m, 5th and 7th and Attachments FUNDING REQUIREMENTS: No cost to the City Amount: Source: Finance: Council Notes: - Agenda Item No. ~ ~-3-01 · STAFF REPORT MASTER COOPERATIVE AGREEMENT FOR THE SBX BUS RAPID TRANSIT PROJECT BY OMNITRANS BACKGROUND: The City of San Bernardino ("City") has historically been known for its low-density, suburban growth patterns. However, as with many other Southern California communities, it is reexamining this growth model in the face of concerns about air quality, climate change and the growing demand for walkable, transit-accessible neighborhoods~ San Bernardino is at the forefront of this trend, taking advantage of the growing interest in downtown living, to draw new public and private investment into its historic core. Downtown San Bernardino is poised to experience a renaissance in the coming decades, as a number of catalytic redevelopment projects and transit improvements are completed. Working with the Economic Development Agency ("Agency"), the City is focusing on increasing homeownership opportunities, concentrating employment downtown, and engaging City's ethnically and culturally diverse population. Civic leaders are drawing new investment into the historic core, taking advantage of a resurging interest in walkable communities and the growing "healthy cities" movement in the Inland Empire. '- On December 7, 2005, the Ornnitrans Board of Directors adopted a Locally Preferred Alternative (the "LPA") of the "E" Street Corridor sbX Bus Rapid Transit Project (the "Project"). The LPA consists of a 16.1 mile route with 16 proposed "rapid bus" style station locations. The sbX route will start at Palm A venue and travel southeast on Kendall Drive, then south to "E" Street, through downtown San Bernardino, then east on Hospitality Lane, south on Tippecanoe Avenue/Anderson Street past Loma Linda University Medical Center, and then east on Barton Road to the Jerry Pettis Memorial Veterans Health Center. Upon adoption of the LP A, Ornnitrans was authorized to develop a Funding Plan for the sbX Project to include fmancial support from federal, state, local and private sources. The sbX project received initial approval from the Federal transit Agency ("FT A") Small Starts Program in December of 2007. Ornnitrans is the authorized recipient of the FTA funds and will be the conduit to deliver this multi million dollar transportation project to the City through the FT A. Recognizing the sbX project as being essential to remedy the decline of the existing transit services and the need for redevelopment along the "E" Street corridor, the Mayor and Common Council adopted the LPA in concept in December of2005. .-""~". On July 21,2008, the Mayor and Common Council of the City of San Bernardino ("Council") and the Community Development Commission of the City of San Bernardino ("Commission") approved a Memorandum of Understanding ("MOU") by and among the City, the Agency, Ornnitrans and the San Bernardino Associated Governments. The purpose of that MOU was to promote mass transit, the planning and funding of various transportation projects, and the construction of the San Bernardino Intermodal Transit Center at the southwest corner of the intersection of "E" Street and Rialto Avenue. Together, these projects will playa major role in the City's future downtown revitalization efforts. This MOU served as a good faith statement by all parties to work in cooperation to achieve the City's transit goals. - U:\SBX\MCC 8-3-2009\StaffReport - SBX,doc -7/1412009 - 10:15:29 AM 1 ',- When the MOU was adopted in 2008, it was anticipated that there would be several forthcoming agreements, either among all the parties to the MOD or separate agreements between various parties, to implement individual aspects of the transportation projects envisioned. This Master Cooperative Agreement ("Agreement") is the first of those anticipated agreements and identifies specific responsibilities of the City, the Agency and Ornnitrans in the design, construction and administration of the "E" Street Corridor sbX Bus Rapid Transit Project. Originally, separate joint agreements between the City and Omnitrans and the Agency and Ornnitrans were planned to be presented to the Council and Commission through the EDA. These Agreements were presented to the RDA in January of2009, who recommended the item to the full council. Due to a number of factors, including staff turnover at Ornnitrans, there has been an unavoidable delay in the drafting of this document. In addition, due to the limited scope of the original Agency agreement and the sharing of responsibilities between Ornnitrans, the City and the Agency for the various contributions and in-kind commitments, it was determined that a single three party agreement through the City would be most effective. ORGANIZATION COMMITMENTS Each of the parties to this Agreement acknowledges that their various commitments to one another will occur within the Implementation Phase, Contraction Phase, and Operational Phase of project development unless otherwise specified in this Agreement. It is also understood that these phases may overlap and are distinguished by phases only for the purpose of organizing and discussing the commitments. .~..........- City Commitments Pursuant to the Agreement, during the Implementation Phase of the Project, the City will, as part of its in-kind contribution, commit to the following: . Waive all plan check fees, inspection fees and permit costs associated with the Project. (Pursuant to Section 6.3 of the Agreement, the Agency has agreed to transfer funds into the City CIP Account SS10-07 to cover the City's cost of waiving all plan check and inspection fees and permit costs associated with the Project.) . Grant to Omnitrans all necessary encroachment permits for use of City rights of way within the Project corridor. . Provide sufficient staffing levels to assist Ornnitrans throughout the Project, including: attending planning meetings; reviewing engineering design plans and specifications; reviewing traffic patterns and traffic lane closures; providing maps and engineering drawings on file with the City, reviewing new traffic signal patterns and synchronizations with existing traffic signals; coordinating the relocation of utility lines; assisting in the design, site selection and location of all transit stops and stations. . Provide inspection, construction and preconstruction activities in coordination with the Omnitrans provided Construction Management Services firm. . Provide Omnitrans with such map, descriptions, and engineering drawings as may currently be on file with the City, including such information which may be available as to the locations and descriptions of utilities within City public rights- of-way within the sbX Corridor-San Bernardino. - U:\SBX\MCC g-3-2009\StaffReport. SBX-doc - 7/1412009 .10:15:29 AM 2 .''"- During the Construction Phase of the Project, the City will: . Purchase, with a full reimbursement from Ornnitrans, the Traffic Signal Priority equipment to ensure compatibility with existing City traffic signal equipment. . Provide inspectors to review and inspect all aspects of the construction' work, relocation of all utility lines and auxiliary facilities. . Assist construction of the Project by allowing Ornnitrans access to available and acceptable City owned properties for the purpose of storing construction equipment and staging construction activities. Neither the City nor Agency is required to acquire property for this use. Ornnitrans will be responsible for the insurance and security of the equipment on site. . Work cooperatively with Ornnitrans to coordinate traffic control during the Construction Phase of the Project. During the Operational Phase of the Project, the City will: . Be responsible for the repair and maintenance of all landscaping located on City owned property or within City public rights-of-way. . Be responsible for the maintenance of all dedicated streets and rights-of-way within the Project. . Be responsible for the operation, repair and maintenance of all street lighting that is replaced by Ornnitrans. . Be responsible for the operation, repair and maintenance of all traffic control signals and Traffic Signal Priority equipment located at public rights-of-way intersections or crossings along the Project. . Allow Ornnitrans reasonable access to modify or revise the Transit Signal Priority as reasonably necessary to enhance or improve the timing of scheduled sbX transit bus service. . Be responsible for the repair and maintenance of all Traffic Control Signage located on, upon, inside or within City owned property or any City public right- of-way. As part of the transit friendly land use patterns, the City is required to adopt Transit Oriented Development ("TOD") guidelines to encourage mixed use and transit friendly development at the station locations. It is important to note that the adoption of this Agreement constitutes approval in concept of the TOD guidelines. The implementation of any of these guidelines shall require official action by the Planning Commission and the Mayor and Common Council. The City is required to determine on at least an annual basis the value of all permits, waivers or deferral of fees, costs of staff and consultants assigned to the Project and other costs incurred and paid by the City. The City shall submit to Ornnitrans such annual compilation of the "in-kind" costs and services that the City has contributed towards the Project during the Implementation and Construction Phases on or before January 1 of each calendar year commencing January 1, 2010. Agency Commitments ',- Pursuant to the Master Cooperative Agreement, the Economic Development Agency will: U:\SBX\MCC 8-3-2009\StaffReport - SaK-doc - 7/1412009 -10:15:29 AM 3 lt~ . Provide office space in the EDA building located at 201 North E Street in San Bernardino of at least 1,200 square feet of office space for use by Ornnitrans employees and consultants in furtherance of the Project. . Designate approximately 200 parking spaces in Agency-owned parking facilities in close proximity to the Project stations located in the downtown area of the City of San Bernardino, for the exclusive use of park-and-ride commuters using the sbX bus rapid transit service. The Agency will retain ownership and control of the designated parking spaces and may be relocated by the Agency, if deemed necessary. . Transfer funds into the City CIP Account SS10-07 to cover the City's cost of waiving all plan check and inspection fees and permit costs associated with the Project. ENVIRONMENTAL IMPACT: Approval of these Agreements have no environmental impact under the California Environmental Quality Act ("CEQA") Guidelines. FISCAL IMPACT: The Agency will provide 1,421 square feet of office space to Omnitrans staff at 201 North "E" Street with an annual fair market value of $28,140. This office space will be provided fora period not to exceed three (3) years. The City will provide sufficient planning and engineering personnel for a period not to exceed 18 months. _' As part of this Agreement, the Economic Development Agency agrees to deposit funds into CIP Project Account SS 1 0-07, for the cost of all City plan check and inspection fees and all permit costs associated with the project. Waiving the fees associated with the plan check fees and permit costs will have no negative impact to the General Fund. ' RECOMMENDATION: That the Mayor and Common Council and the Community Development Commission adopt the attached Resolutions. 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