city of rialto...2018/06/27 · city of rialto legislation text council chambers 150 s. palm ave....

Economic Development Committee

City of Rialto

Regular Meeting

Council Chambers

150 S. Palm Ave.

Rialto, CA 92376

8:00 AMWednesday, June 27, 2018

CALL TO ORDER

ROLL CALL

REVIEW/APPROVAL OF MINUTES

1 18-634

EDC Minutes - April 25-2018Attachments:

REVIEW/MODIFICATION OF AGENDA ITEMS FOR DISCUSSION

PRESENTATIONS

1 Renaissance Marketplace/Specific Plan Area update by Lewis Hillwood

2 Renaissance Plaza Retail Center Update from Ayala and 210 Partners

REPORTS/DISCUSSION ITEMS

1 18-632 Request EDC to Consider Amendment #2 to Exclusive Right to Negotiate

Agreement with NewMark Merrill for the Development of Approximately

15.5 Acres of Property located west of Riverside Avenue and north of

Valley Boulevard.

(ACTION)

Maps and PlansAttachments:

2 18-603 Recommend Entering into a Pre-Development Reimbursement Agreement

of $50,000 with Time For A Change Foundation

Exhibit A - Downtown Parcels1Attachments:

3 18-619 Request Economic Development Committee to Receive the Current

Capital Improvement Program Status Report and Grant Activities Update.

Copy of CIP MILESTONE DATES FINAL (automated)-lrs 6-21-18Attachments:

Printed on 6/25/2018

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June 27, 2018Economic Development Committee Regular Meeting

4 18-620 Request the Economic Development Committee Consider a

Recommendation to the City Council to Approve an Agreement with

Southern California Air Quality Management District (AQMD) for Air Quality

Monitoring Within the City of Rialto.

ATT #2 AeroqualFlyer.pdf

ATT #1 SCAQMD Access and Mainteinance Agreement for AeroQual.DOCX

Attachments:

5 18-621 Request Economic Development Committee to Recommend to City

Council the Approval of the Passenger Amenity Program Agreement with

Omnitrans for Bus Stop Maintenance in the City of Rialto.

OmnitransPassengerAmenityProgramAgreementFinal

RialtoEDCPresentation6-27-18

Attachments:

6 18-624 Request the Economic Development Committee consider interest and

retain a design consultant related to County Property at southwest corner of

Casmalia Avenue and Alder Avenue.

Exhibit A - MapAttachments:

UPCOMING MEETINGS/OTHER DISCUSSION ITEMS

ADJOURNMENT

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City of Rialto

Legislation Text

Council Chambers150 S. Palm Ave.Rialto, CA 92376

File #: 18-634, Version: 1, Agenda #: 1

City of Rialto Printed on 6/22/2018Page 1 of 1

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ECONOMIC DEVELOPMENT COMMITTEE

Wednesday, April 25, 2018Minutes

I. Call to Order/Roll Call by Mayor Robertson 1:17 PM

EDC MEMBERS PRESENT:Deborah Robertson, MayorEd Scott, Mayor Pro Tem

CITY/AGENCY STAFF PRESENT:Robb Steel, Interim City AdministratorJohn Dutrey, Project ManagerRobert Eisenbeisz, City Engineer/Public Works DirectorGina Gibson-Williams, Planning ManagerFred Galante, City Attorney, Aleshire & Wynder, LLP

II. Review/Approval of Minutes -- January 31, 2018 & February 28, 2018

Minutes from both meetings were adopted and submitted for file.

III. Review /Modification of Agenda Items for Discussion

None

IV. Presentations

A. LHR Retail Leasing Update and Renaissance Specific Plan Update

Rick Manners from Lewis Companies showed an updated drone footage over the Rialto Marketplace.

EDC COMMENTS/RECOMMENDATIONS:Mayor Robertson discussed opening dates. She said that another Council Member observed pine trees blocking the east bound sign. She asked if they had discussed this with Caltrans. Mr. Manners said he would review.

B. Storage – Pacifica Company

Use of former Walmart Building - Panka Mahajan with Pacifica Company and his leasing manager presented the item as indicated in the staff report.

EDC COMMENTS/RECOMMENDATIONS:Mayor Pro Tem Scott is not happy to have received the market study on the day of the meeting. He asked Police Lieutenant Smith to speak about prior incidents at other storage facilities. Mayor Pro Tem Scott stated that he would not support the storage facility. Mayor Robertson asked how it would benefit the City other than additional people to the site, but may not shop at the retail facilities. She agrees with Mayor Pro Tem Scott.

V. Reports/Discussion Items

1. 18-392 Review Current Truck Routes.

Public Works Director Eisenbeisz and Planning Manager Gibson-Williams presented the item as indicated in the staff report.

EDC COMMENTS/RECOMMENDATIONS:Mayor Robertson stated that it was her desire to restrict truck access on Ayala Drive from Baseline Avenue to the I-210 Freeway. Mayor Pro Tem Scott was concerned about Ayala Drive being so narrow if it were to be a truck route. Mayor Robertson and Mayor Pro Tem Scott the process to eliminate the truck route between the I-210 Freeway and Baseline Avenue. Planning Manager Gibson-Williams said it is a General Plan Amendment to the Circulation Element.

Mayor Robertson said include the impact or concern if it were to change. Mayor Robertson asked when the next General Plan update would occur. Planning Gibson-Williams said 2020. Mayor Robertson asked about doing a moratorium to address restricting truck traffic for a limited time. Planning Gibson-Williams said the City Council could consider an Urgency Ordinance. Mayor Robertson and Mayor Pro Tem reassured restricting truck routes does not apply to deliveries for businesses in that area.

2. 18-385 Considering Extending the escrow period related to the County Property at Southwest corner of Casmalia Avenue and Alder Avenue.

Archie Davenport and Ken Hira from Kosmont Companies presented the item, as well as Project Manager Dutrey, as indicated in the staff report.

EDC COMMENTS/RECOMMENDATIONS:Mayor Robertson asked about using proceeds from the Cracker Barrel sale to cover the property purchase. Interim City Administrator Steel said it would cost $4.6 million, whichthe City would borrow from General Fund reserves and later repaid. There are some options to explore. Interim City Administrator Steel stated that staff would provide an update at a future Economic Development Committee meeting.

3. 18-388 LS-1 Option E, Energy Efficiency-Light Emitting Diode with SCE.

Amy Crow, Public Works Administrative Analyst, presented the item as indicated in the staff report.

EDC COMMENTS/RECOMMENDATIONS:Mayor Pro Tem Scott asked staff to present two alternatives for the City Council to consider.Mayor pro Tem Scott wants to know the cost to put lights in a certain area of Bud Bender’s Park. City Attorney Galante said that Edison did not provide enough information. Public Works Director Eisenbeisz suggested Edison come back to explain better.

4. 18-384 Consider release of City deed at 130 S. Willow Avenue (former McNearnyFuneral Home)

Property owner representatives presented the item, as well as Project Manager Dutrey and Planning Manager Gibson-Williams, as indicated in the staff report.

EDC COMMENTS/RECOMMENDATIONS:Mayor Pro Tem Scott suggest the property owner meet with staff to research eligible use of the property. City Attorney Galante suggested that as a condition of releasing interest, theowner or buyer present to the City options for reuse of the property. Mayor Robertson alsosaid, as part of the condition of release, she would like the building official to do an assessment of the building and to see if there is any damage. Lieutenant Smith asked if the owner could post “No Trespassing” signs. He will work with them to get signs posted. Interim City Administrator Steel will follow up with the owner and do some research on past information. Mayor Pro Tem Scott said that if the buyer bows out then we retain our right to refusal.

5. 18-388 Proposed Street Sweeping Enforcement Program

Lynn Merrill, from Lynn Merrill & Associates, Inc., presented the item with Lieutenant Smithand Administrative Analyst Crow as indicated in the staff report.

EDC COMMENTS/RECOMMENDATIONS:Mayor Pro Tem Scott does not support this project. City Attorney Galante said that there used to be a vehicle code section regarding cameras on street sweepers. Mayor Robertsonasked how we are doing on compliance. Mayor Robertson said that maybe this should be tabled until after June. She said that she would not advocate eliminating this program. Mayor Pro Tem Scott proposed installing signs but not issue tickets. Administrative AnalystCrow suggested purchasing the phone application. Mayor Pro Tem Scott said he supportsa proactive program, but not a program just to issue tickets.

Mayor Robertson said to move forward with the phone application and table the item. Administrative Analyst will have Burrtec conduct another count to determine parking movement. Mayor Robertson instructed Public Works Director Eisenbeisz to write a letter to all of the entities that we require them to adhere to the environmental rules. City Attorney Galante will research enforcement guidelines if entities do not adhere to the environmental rules.

6. 18-393 Review the Current Capital Improvement Program

Public Works Direct Eisenbeisz and Lan Saadatnejadi, a city consultant, gave a presentation as indicated in the staff report.

EDC COMMENTS/RECOMMENDATIONS:Mayor Robertson asked for an update on Frisbie Park. Mayor Robertson stated it was important to retain someone to assist staff on coordinating projects and the timelines to complete a project. Mayor Robertson said that she wants to see a process. Mayor Pro Tem Scott talked about the importance of getting projects from point A to point B. Public Works Director Eisenbeisz said bringing items to EDC assists updating members on projects. Mayor Robertson wants to connect the money to the project.

Mayor Robertson also wants information on the fleet inventory. She wants to know the cost to maintain older vehicles. Mayor Robertson wants to see the report on the vehicles that we received from Omnitrans.

7. 18-394 Review the Five Year Capital Improvement Program

Katie Nickel, Public Works Program Coordinator, conducted the presentation.

EDC COMMENTS/RECOMMENDATIONS:Mayor Robertson wants additional description on the funds, such as the date received, amount, and deadline for each grant received. She also wants more updates.

Public Works Director Eisenbeisz wants EDC to review the report before it goes to the CityCouncil. Mayor Robertson wants staff to update EDC on the Frisbie project before going any further.

VI. Adjournment

Meeting adjourned at 5:50 p.m.

City of Rialto

Legislation Text



For Economic Development Committee Meeting [June 27, 2018]

TO: Economic Development Committee

APPROVAL: Robb R. Steel, Interim City Administrator

FROM: John Dutrey, Project Manager

Request EDC to Consider Amendment #2 to Exclusive Right to Negotiate Agreement with NewMarkMerrill for the Development of Approximately 15.5 Acres of Property located west of RiversideAvenue and north of Valley Boulevard.(ACTION)

BACKGROUND:On June 27, 2017, the City Council approved an Exclusive Right to Negotiate Agreement (ERN) withNewMark Merrill (“Developer”) for the development of approximately 15.5 Acres (“Site”) of propertylocated west of Riverside Avenue and north of Valley Boulevard. The City selected the Developerthrough a “Request for Proposals/Qualifications” process.

On January 9, 2018, the City Council approved ERN Amendment #1 extending the termination dateto July 31, 2018.

The Successor Agency owns seven (7) parcels totaling 18.5 acres (“SA Parcel”) between the formerWal-Mart property and the new Wal-Mart Supercenter and Rialto Marketplace. The City proposes todevelop a retail center on 15.5 acres and Fire Station 205 and a community center on 3 acres of theSA Parcel.

The ERN allows the Developer to prepare proposals, conduct feasibility assessments, and marketthe Site to potential users. The ERN confers no development rights, but is simply a good faithstatement of the party’s intention to negotiate a disposition, development agreement (DDA) on termsacceptable to both parties.

ANALYSIS/DISCUSSION:The ERN expires on July 31, 2018, if the parties have not completed a DDA for consideration by theCity Council. If warranted, the City Council can extend the ERN period.

Since July 2017, the Developer and the City have undertaken several tasks to initiate the potentialretail development. The Developer continues to market the site to potential retailers andentertainment uses. The Developer and staff request a six-month extension to January 31, 2019, toallow Developer to obtain retail commitments and submit updated site plans and development pro-formas in order to prepare the DDA for City Council consideration (Amendment #2).

The ERN directed the following primary tasks for the City and Developer with the completed,City of Rialto Printed on 6/22/2018Page 1 of 3




The ERN directed the following primary tasks for the City and Developer with the completed,ongoing, or future activity noted in bold:

City/SA1. Complete title work and ALTA surveys to determine the location of all easements and

encroachments upon the Site. Staff completed title work and obtained ALTA survey. TheALTA survey indicates an active sewer line situated in the center of the Site. The sewerline requires relocation (or accommodation) to allow future development. The City willprepare relocation cost estimates.

2. Complete second year protocol survey for Delhi Flower Loving Sand Fly (DFLSF) to determinepresence of protected species. In September 2017, Ecological Sciences (consultantretained by the City) completed the second year protocol survey and did not discoverpresence of DFLSF. The City will need to commence development before the nextsurvey season or conduct another survey to avoid starting over.

3. Complete appraisal to determine land value for purposes of acquisition from SA anddisposition to Developer. During the Amendment #2 extension, staff will retain aconsultant to appraise the Site as requested by the Developer.

Developer1. Conduct community meeting(s) to receive public input for use of the SA Parcel. On January

18, 2018, the Developer conducted a community workshop at the Grace Vargas SeniorCenter.

2. Identify potential retail, restaurant, and/or entertainment users for the SA Parcel based oncommunity/Council input and market conditions. The Developer continues to market thesite to retailers. The Developer requests to extend the ERN period to continuemarketing efforts and secure retailer commitments.

3. Prepare site plans, preliminary engineering, and financial pro-forma to determine theeconomic feasibility of development. The Developer submitted preliminary site plans(Exhibit A) and preliminary financial pro-forma.

4. Submit for preliminary development review to establish expected conditions of approval.Once the Developer obtains retailer commitments and modifies the site plan, if needed,the Developer proposes submitting entitlement application(s) for staff review.

5. Market the Site to potential users approved by the City. The Developer continues to marketthe Site to potential retailers with input from staff and the Economic DevelopmentCommittee.

6. The Developer makes a Good Faith Deposit of $15,000 to the City (or greater as City andDeveloper mutually agree for additional costs) to insure the Developer proceeds diligently andpaying for legal and consultant costs incurred by the City during negotiations. In August2017, the Developer paid Good Faith Deposit of $15,000.





RECOMMENDATION:

Staff recommends that the Economic Development Committee recommend that the City Councilapprove Amendment #2 to the Exclusive Right to Negotiation Agreement by and between the City ofRialto and NewMark Merrill extending the termination date to January 31, 2019.




City of Rialto

Legislation Text



For Economic Development Committee [June 27, 2018]

TO: Honorable Economic Development Committee Members



Recommend Entering into a Pre-Development Reimbursement Agreement of $50,000 with Time ForA Change Foundation

BACKGROUND:Time For A Change Foundation (“TFCF”) is a non-profit organization in the Inland Empire dedicatedto helping homeless women and children to transition to self-sufficiency. RFCF provides emergencyshelters, permeant supportive housing and affordable housing for clients. They have successfullysecured grants from U.S. Department of Housing and Urban Development.

ANALYSIS/DISCUSSION:TFCF approached staff to develop a transitional and permanent housing facility at the northwestcorner of Rialto Avenue and Olive Avenue on a 0.64 acre vacant lot consisting of several parcelsowned by the Rialto Housing Authority (“RHA”) and the Rialto Successor Agency (Exhibit A). Itselected the site since it is adjacent to the Rialto Resource Center (141 S. Riverside) and near publictransit (Omnibus and Metrolink).

The non-profit currently proposes two buildings. The first is a single-unit with about four bedroomsfor transitional housing. The second building is a four-plex as long-term housing until occupantsobtain other permanent housing.

TFCF retained an architect and proposes to retain a civil engineer firm to prepare preliminary site anddesign plans and conduct Phase 1 and soil analysis. If they are successful moving the projectforward, TFCF proposes to submit an entitlement application with the City, purchase the site, developthe site, and operate the facility as an affordable housing project.

An affordable housing agreement between the RHA and TFCF is needed to purchase the site,receive RHA funds and operate the facility. The RHA has about $500,000 of housing bond fundbalance available for the project.

TFCF requests assistance of $50,000 as seed funds to pay consulting services prior to negotiatingan affordable housing agreement. The $50,000 will be included as a residual loan as part of theaffordable housing agreement.

RECOMMENDATION:

Staff recommends that the EDC recommend to the Rialto Housing Authority Board to approve a Pre-City of Rialto Printed on 6/22/2018Page 1 of 2




Staff recommends that the EDC recommend to the Rialto Housing Authority Board to approve a Pre-Development Reimbursement Agreement of $50,000 with Time For A Change Foundation.




Downtown Parcels (.64 acres)

Successor Agency

(15,000 SF; 3 Parcels)

RHA (12,900 SF; 3 Parcels)

Resource

Center

Public Parking Lot

1.06 Acres – Church Property

About .40 Acres – City Property

Church/City Owned

City of Rialto

Legislation Text



For Economic Development Committee [June 27, 2018]



FROM: Robert G. Eisenbeisz, P.E., Public Works Director/City Engineer

Request Economic Development Committee to Receive the Current Capital Improvement ProgramStatus Report and Grant Activities Update.

BACKGROUND:The City strives to provide its citizenry greater transparency and better accountability for themanagement, development, and delivery of its Capital Improvement Program (CIP). Completing theCIP projects on time, within budget, and on scope is critical to achieving the City’s vision outlined inthe General Plan.

To ensure that projects get completed on time, on budget, and on scope, City will utilize KeyPerformance Indicators (KPIs) to management its CIP. KPIs are specific measures and consist of themost important project goals. They provide a quick glance of the health of a project, helps instantlydiscern the status, and provides a rough guide as to how to navigate the project to success.

In order to know whether a project is on track, staff must first establish the planned values for theKPIs or baselines milestones. Project baselines allow future comparison of actual delivery dates andcosts to baseline delivery dates and costs. Baselines provide transparency and accountability forproject schedules and estimates.

POLICY1) Contents of CIP: City’s CIP shall include indicative information of scope, cost, and schedule

for each project. Whereas scope is the project location and work description, cost is theestimated project cost, and major milestones described in the following item represent theschedule.

2) Major Milestones (KPIs): In the CIP, each project shall include the planned completion datesfor the following major milestones:

- M050 Advertise A&E Contract Request for Proposal (RFP)

- M100 Notice to Proceed (NTP) for Design

- M200 Ready to Advertise

- M300 NTP for Construction

- M400 Construction Contract Acceptance





- M500 Closeout Complete

The major milestones coincide with the public process in place in the City. The plannedcompletion date expressed in calendar year and quarter (i.e., YY-Q#) allowing reasonableflexibilities in project management.

3) Baselines: The scope, cost, and schedule in the adopted CIP shall be the baselines for CIPprojects. A baseline shall remain the same throughout the budget year and can only be modifiedby Council approved amendments.

4) Quarterly Report: A status report on the delivery performance on the scope, cost, andschedule of the CIP projects shall be prepared and published quarterly, comparing the actualresults against the baseline information. Only the projects that included a baseline schedulecould earn delivery credits. This report is intended to provide an indicator of how well the City hasplanned and delivered its projects.

5) Annual Report: An annual report shall be prepared and published summarizing the annualdelivery performance. Also included in the summary report should be the number of approvedamendments to the baseline scope, cost, and/or schedule clearly accounting for the CIPbaselines and performance results.

CIP BASELINE DELIVERYA status report of the delivery performance on the scope, cost, and schedule of the CIP projects isprepared and published for fiscal year 2018/2019 and adopted in this CIP 2019 to 2023 Plan. Staffwill provide quarterly updates comparing baseline KPI information set for each CIP project to theactual results during the fiscal year for each of the thirty-six projects. A baseline shall remain thesame throughout the budget year and can only be modified by Council approved amendments. TheTable 1 below illustrates the planned milestone activities in Fiscal Year 2019.

TABLE 1- Planned CIP Delivery Milestones in Fiscal Year 2019:

Milestone Milestone Name2018Q32018Q42019Q12019Q2Total Milestones Project Planned

in FY2019M050A&E Contract Request for Proposal (RFP) 2 3 0 0 5M100Notice to Proceed (NTP) for Design 3 3 0 1 7M200Ready to Advertise 7 6 4 3 20M300NTP for Construction 9 6 8 0 23M400Construction Contract Acceptance3 9 3 4 19M500Closeout Complete 3 4 9 2 18

Total Milestones Project Planned in FY2019 27 31 24 10 92

Updates of upcoming grants:The Public Works Department staff is pursuing four major transportation related call for projects grantapplications with the following entities:





· United States, Department of Transportation - 2018 Build Transportation Program

· California, Department of Transportation- 2019 Active Transportation Program

· Mobile Source Air Pollution Reduction Review Committee (MSRC) Local Partnership ProgramGrant

· California, Department of Transportation- Local Highway Safety Improvement Program (HSIP)

ANALYSIS/DISCUSSION:CIP BASELINE DELIVERYAbout seven projects will be ready to advertise and nine projects noticed to proceed with constructionin the summer when the new fiscal year starts as indicated by the graph below

GRAPH- Baseline Delivery FY2018/2019

0

5

10

15

20

25

30

35

2018Q3 2018Q4 2019Q1 2019Q2

Rialto CIP Milestone Deliverables from July 2018 through June 2019

M050 A&E Contract Request for Proposal (RFP)M100 Notice to Proceed (NTP) for DesignM200 Ready to Advertise M300 NTP for ConstructionM400 Construction Contract AcceptanceM500 Closeout CompleteM500 Total Milestones Project Planned in FY2019

The seven capital projects with Milestones: Ready to advertise in the third quarter of 2018 are:1. Curb, Gutter, Sidewalk & ADA - CDBG 2018

2. Curb, Gutter, Sidewalk Improvements (Non-CDBG) 2018

3. Metrolink Parking Lot & Depot Improvements II

4. SR2S-Cycle 10 Cedar Improvements

5. Street Overlay 2018





6. Street Slurry Seal 2018

7. Valley Widening -Spruce/Cactus/Linden

The nine capital projects with Milestones: Notice to Proceed Issued for Construction in the thirdquarter of 2018 are:

1. Community Center Ada Site Improvement

2. Community Center Rehab Bldg 200-500

3. Bud Bender Park Field Lights

4. Fire Station 205 (New) Phase I

5. Frisbie Park Expansion

6. Frisbie Park Field Lights

7. Metrolink Parking Lot & Depot Improv II

8. Rialto Park Announcer Booth

9. Street Overlay 2018

The Attachment 1 includes the list of projects with planned KPI baseline from the CIP 2019 to 2023Plan.

Updates of upcoming grants:Following are the specific projects applicable to the various grant submissions in the order ofapplication due dates:

· United States, Department of Transportation - 2018 Build Transportation Programo Application Due Date: Thursday, July 19, 2018o Call size: $150 million per State, application not less than $5 million, and maximum

of $25 milliono Project Name: SR-210/Alder Avenue Interchange Improvementso Project Scope: The project proposes modifications to the existing spread diamond

interchange, including improvements to Alder Avenue and the SR-210 ramps throughrestriping and widening. In addition to the improvements for vehicular traffic, the projectproposes to facilitate bicycle and pedestrian traffic by widening Locust Avenue to meet theCity of Rialto General Plan requirements for bicycle circulation. Class II bicycle lanes areproposed to be implemented, in addition to a standard Americans with Disabilities Act(ADA)-compliant sidewalk.

o Project Cost Estimate: $9,340,000o Grant Application Amount: $7,472,000o Other Funding and Amount: $1,868,000 from development impact fees or fair share

· California, Department of Transportation- 2019 Active Transportation Programo Application Due Date: Tuesday, July 31, 2018o Call size: $440 million





1. Non Infrastructure Project Name: Healthier and Active Rialto- Project Scope: This project is the next step in developing a healthier Rialto,

where students and their families feel safe and supported in walking and bicycling toschool. Expanded educational and encouragement programming will assiststudents in developing skills, and enforcement efforts will help create a culture inRialto that emphasizes safety for pedestrians and bicyclists in school areas.Funding enhanced programming identified through the Safe Routes to School Planis a tremendous opportunity to build upon efforts to make active modes an attractiveoption for students and families.

- Project Cost Estimate: $500,000- Grant Application Amount: $500,000- Other Funding and Amount:$0

2. Infrastructure Project Name: Pepper Avenue Corridor- Project Scope: Construct safe routes to school (SRTS) infrastructure

improvements along Pepper Avenue and peripheral neighborhood corridors. Projectimprovements are located within cities of Rialto, San Bernardino and Colton. Thethree cities are collaborating as partners with Rialto being the lead agency to deliverthe project improvements. Rialto’s cost share of the improvements is $2,965,853(71%); San Bernardino share is $960,921 (23%); and Colton is at $268,371 (6%).

- Project Cost Estimate: $4,194,146- Grant Application Amount: $4,194,146- Other Funding and Amount:$0

3. Infrastructure Project Name: Terra Vista Corridor- Project Scope: This project will construct infrastructure improvements designed

to help students of three Rialto Unified School District schools travel to school bywalking and biking from their respective neighborhoods, along Terra Vista Drive andperipheral neighborhood corridors. Furthermore, traffic-calming features areplanned along Casa Grande Drive to decrease truck traffic speeds and the effects ofindustrial cut-through traffic. Some portions of the improvements are within the Cityof Fontana jurisdiction.

- Project Cost Estimate: pending- Grant Application Amount: pending- Other Funding and Amount:$0

· Mobile Source Air Pollution Reduction Review Committee (MSRC) Local Partnership ProgramGrant

o Application Due Date: Thursday, August 2, 2018o Call size: $135,980 allocation for Rialtoo Project Name: Purchase of low Emission Vehicles & Electric Vehicle Charging Stationso Project Scope: Purchase One Near-Zero Emission heavy-duty Alternative Fuel Aerial

Lift F-450 Chassis or equivalent Truck; Four Light-duty Zero Emission (battery-electric orfuel cell) equivalent Vehicles; Purchase and installation of electric vehicle charging stations(EVSE) with electrical, paving, striping and EV legend improvements as needed to facilitateuse and ease of access to the charging stations.

o Project Cost Estimate: $309,307





o Grant Application Amount: $135,980o Other Funding and Amount: $173,327

· California, Department of Transportation- Local Highway Safety Improvement Program (HSIP)o Application Due Date: Friday, August 31, 2018o Call size: $140 million to $160 million of HSIP fundso Minimum Benefit Cost Ratio (BCR) of 3.5o Set-aside Application for Pedestrian Crossing Enhancement; No BCR requiredo Project Name: Foothill Boulevard Raised Median Installationo Project Scope: The project will install a raised median 12 feet in width along Foothill

Boulevard, from Maple Avenue to Pepper Avenue, to eliminate the option for drivers tomake left-turning movements, thus reducing broadside traffic collisions. Within the projectlimits, the roadway will be widened to the ultimate 4-lane cross section, and include newsidewalks where missing, as well as upgrades to non-compliant ADA pedestrian ramps

o Project Cost Estimate: $4,227,935o Grant Application Amount: $3,805,142o Other Funding and Amount: $422,793 using Foothill Relinquishment funds

FINANCIAL IMPACT:Discussion of the financial impact for each capital project is included in the CIP pages for eachproject. The financial impact for each grant application is included in the analysis/discussion sectionabove.

RECOMMENDATION:

Staff requests Economic Development Committee to receive the current Capital ImprovementProgram Status Report and related grants activity update.




Five-Year Capital Program

Summary of Projects by Planned Milestones

2019-2023

M050 M100 M200 M300 M400 M500

Category

Project Name** Red colored

Milestone indicates KPI

within Fiscal Year 2018/2019

Prior YearsFiscal

Year 2019

A&E

Contract

Request for

Proposal

(RFP)

M050

Notice to

Proceed

(NTP) for

Design

M100

Ready to

Advertise

M200

NTP for

Construction

M300

Construction

Contract

Acceptance

M400

Closeout

Complete

M500

PM

Facilities Category

Facilities 1401 S. RIVERSIDE

PURCHASE & PARKING

ADDTL

400$ -$ N/A N/A N/A N/A N/A N/A JOHN

CALRECYCLE TIRE-DERIVED

GRANT

150$ -$ N/A N/A N/A N/A N/A n/A TONY

COMMUNITY CENTER ADA

SITE IMPROVEMENT

615$ -$ N/A N/A N/A 18Q3 18Q4 19Q1 TONY

COMMUNITY CENTER

REHAB BLDG 200-500

390$ 390$ N/A N/A N/A 18Q3 18Q4 19Q1 LONNY

DEVELOPMENT SERVICES

BUILDING REMODEL

635$ -$ N/A N/A N/A N/A N/A N/A LONNY

DOOR REPLACEMENT - FIRE -$ 50$ N/A N/A N/A N/A N/A N/A HECTOR

EMERGENCY GENERATORS

REPLACEMENT

-$ 280$ N/A N/A N/A N/A N/A N/A HECTOR

FIRE STATION 205 (NEW)

PHASE I

700$ 5,674$ N/A N/A N/A 18Q3 18Q4 19Q1 LONNY

POOL & SPA REPLASTER -$ 100$ N/A N/A N/A N/A N/A N/A TONY

ROOF REPLACEMENT 561$ 300$ 18Q3 18Q3 18Q4 18Q4 19Q1 19Q1 SAUL

Facilities Total 3,451$ 6,794$

Parks Category

Parks BACA-TURCH NEW PARK 1,708$ 1,000$ N/A N/A N/A N/A N/A N/A TED

BUD BENDER PARK

BALLFIELD FENCE

-$ 88$ N/A N/A N/A N/A N/A N/A TONY

BUD BENDER PARK FIELD

LIGHTS

210$ -$ N/A N/A N/A 18Q3 18Q4 18Q4 SAUL

BUD BENDER PARK

MONUMENT SIGN

30$ -$ N/A N/A N/A N/A 18Q3 18Q3 SAUL

CACTUS TRAIL 500$ -$ N/A N/A 19Q1 19Q3 20Q2 20Q3 LONNY

CACTUS TRAILS PARKING

LOT

500$ -$ 18Q3 18Q4 19Q2 19Q3 20Q1 20Q3 LONNY

COMMUNITY CENTER

BASKETBALL RESURFACE


COMMUNITY GARDEN

EXPANSION

1,010$ -$ N/A N/A 18Q4 19Q1 19Q4 20Q1 AMY

FERGUSSON PARK

PLAYGROUND

REPLACEMENT


Project MilestonesBudget $ in 000's



2019-2023

M050 M100 M200 M300 M400 M500

Category




Prior YearsFiscal

Year 2019

A&E

Contract

Request for

Proposal

(RFP)

M050

Notice to

Proceed

(NTP) for

Design

M100

Ready to

Advertise

M200

NTP for

Construction

M300

Construction

Contract

Acceptance

M400

Closeout

Complete

M500

PM


FRISBIE PARK EXPANSION 1,144$ 18,670$ N/A N/A N/A 18Q3 19Q4 20Q1 TED

FRISBIE PARK FIELD LIGHTS 210$ -$ N/A N/A N/A 18Q3 18Q4 18Q4 SAUL

JOE SAMPSON

[CACTUS/RANDALL] PARK

6,327$ -$ N/A N/A N/A N/A 18Q4 19Q1 HECTOR

RIALTO PARK ANNOUNCER

BOOTH

350$ -$ N/A N/A N/A 18Q3 18Q3 18Q4 LONNY

SIX CITY PARKS 1,136$ 1,303$ N/A N/A 18Q4 19Q1 19Q4 20Q1 TED

Parks Total 13,125$ 21,491$

Storm Drainage Category

Strmdrain CACTUS & RIALTO CHANNEL

IMPROVEMENTS

7,500$ -$ N/A N/A N/A N/A N/A N/A HECTOR

STORM DRAIN BASELINE TO

CACTUS 3 BASIN

5,000$ -$ N/A 18Q3 19Q4 20Q1 21Q3 21Q4 GENE

Strmdrain Total 12,500$ -$

Transportation Category

Transport ACQUISITION OF SCE

STREET LIGHTS

3,612$ -$ N/A N/A N/A N/A N/A 18Q3 AMY

ACTIVE MULTI-MODAL

TRANSPORTATION PLAN

226$ -$ N/A N/A N/A N/A N/A N/A KATIE

ACTIVE TRANSPORTATION

SRTS PLAN

1,450$ -$ N/A N/A N/A N/A N/A N/A KATIE

ALDER WIDENING 7,315$ -$ N/A N/A 18Q4 19Q1 19Q2 19Q3 HECTOR

CURB, GUTTER, SIDEWALK

& ADA - CDBG 2018

154$ -$ N/A N/A 18Q3 18Q4 18Q4 19Q1 JEFF


IMPROVEMENTS 2018

200$ -$ N/A N/A 18Q3 18Q4 18Q4 19Q1 JEFF


IMPROVEMENTS 2019

-$ 300$ N/A N/A N/A N/A N/A N/A JEFF

ETIWANDA CORRIDOR -

TDA/ATP

765$ -$ N/A N/A 19Q1 19Q1 19Q3 19Q3 AZZAM

ETIWANDA CORRIDOR -

MSRC

85$ N/A N/A N/A N/A N/A N/A AZZAM

FOOTHILL BLVD AESTHETIC

IMPROVEMENTS

1,000$ -$ 18Q4 19Q2 19Q3 20Q2 21Q1 21Q1 AZZAM

HSIP BASELINE MEDIAN 1,175$ -$ N/A 18Q3 19Q3 19Q4 20Q2 20Q3 AZZAM



2019-2023

M050 M100 M200 M300 M400 M500

Category




Prior YearsFiscal

Year 2019

A&E

Contract

Request for

Proposal

(RFP)

M050

Notice to

Proceed

(NTP) for

Design

M100

Ready to

Advertise

M200

NTP for

Construction

M300

Construction

Contract

Acceptance

M400

Closeout

Complete

M500

PM


HSIP CLASS II BIKE LN.

MERRILL/RIVERSIDE

218$ -$ N/A N/A 18Q4 19Q1 19Q1 19Q3 AZZAM

HSIP SIGNAL

IMPROVEMENTS LEFT

TURNS

990$ -$ N/A N/A 19Q1 19Q3 19Q4 19Q4 AZZAM

I-10/CEDAR INTERCHANGE

RIALTO FAIR SHARE

-$ -$ N/A N/A N/A N/A N/A N/A AZZAM

MCWETHY & SANDALWOOD

STREET IMPROVEMENTS

86$ -$ N/A N/A N/A N/A N/A N/A JEFF

METROLINK PARKING LOT &

DEPOT IMPROV II

3,455$ -$ N/A N/A 18Q3 18Q3 18Q4 19Q1 JEFF

MSRC PEDESTRIAN & BIKE

PROJECT

411$ N/A N/A N/A N/A N/A N/A AZZAM

RANDALL AVE WIDENING -

CACTUS/RIVERSIDE

4,413$ -$ N/A N/A 18Q4 19Q1 19Q2 19Q3 AZZAM

RIVERSIDE & UPRR BRIDGE

WIDENING

910$ -$ N/A N/A 19Q4 18Q4 19Q4 19Q4 LONNY

RIVERSIDE SOUTH OF I-10

IMPROVEMENT

1,410$ 600$ N/A N/A N/A N/A N/A N/A JEFF

SBCO JOINT N.

BLOOMINGTON ADA RAMPS


SBCO JOINT N.

BLOOMINGTON CHIP SEAL


SR2S-CYCLE 10 CEDAR

IMPROVEMENTS

878$ -$ N/A N/A 18Q3 18Q4 19Q3 19Q3 AZZAM

STREET OVERLAY 2017 2,305$ -$ N/A N/A N/A N/A N/A 18Q3 JEFF

STREET OVERLAY 2018 3,212$ -$ N/A N/A 18Q3 18Q3 19Q1 19Q1 JEFF

STREET OVERLAY 2019 -$ 3,800$ 18Q4 18Q4 19Q2 19Q3 19Q4 20Q1 JEFF

STREET OVERLAY FUTURE

YEARS

-$ -$ N/A N/A N/A N/A N/A N/A JEFF

STREET SIGN

MANAGEMENT PROGRAM

200$ -$ N/A N/A N/A N/A N/A N/A TONY

STREET SLURRY SEAL 2017 1,872$ -$ N/A N/A N/A N/A 18Q3 18Q4 JEFF

STREET SLURRY SEAL 2018 2,886$ -$ N/A N/A 18Q3 19Q1 19Q2 19Q2 JEFF

STREET SLURRY SEAL 2019 -$ 1,918$ 18Q4 18Q4 19Q2 19Q3 19Q4 20Q1 JEFF

STREET SLURRY SEAL

FUTURE YEARS

-$ -$ N/A N/A N/A N/A N/A N/A JEFF



2019-2023

M050 M100 M200 M300 M400 M500

Category




Prior YearsFiscal

Year 2019

A&E

Contract

Request for

Proposal

(RFP)

M050

Notice to

Proceed

(NTP) for

Design

M100

Ready to

Advertise

M200

NTP for

Construction

M300

Construction

Contract

Acceptance

M400

Closeout

Complete

M500

PM


STREET SWEEPING

SIGNAGE & PARKING

1,032$ -$ N/A N/A N/A N/A N/A N/A AMY

TRAFFIC SIGNAL

MAPLE/TRAIL FONTANA

120$ -$ N/A N/A N/A N/A N/A N/A AZZAM

TRAFFIC SIGNAL

PEPPER/WINCHESTER

-$ 300$ N/A 18Q2 19Q1 19Q1 19Q3 19Q3 AZZAM

VALLEY WIDENING -

SPRUCE/CACTUS/LINDEN

2,200$ -$ N/A N/A 18Q3 18Q4 19Q2 19Q2 AZZAM

Transport Total 42,820$ 6,918$

Development Category

Development BASELINE (PANATTONI III) 2,240$ -$ N/A N/A N/A N/A N/A N/A N/A

CAPROCK III -$ 397$ N/A N/A N/A N/A N/A N/A N/A

EAST RENAISSANCE RETAIL 2,738$ 700$ N/A N/A N/A N/A N/A N/A N/A

LHR RSP 5,998$ -$ N/A N/A N/A N/A N/A N/A N/A

LHR RSP 7,619$ -$ N/A N/A N/A N/A N/A N/A N/A

MEDLINE/LOCUST DRAIN 600$ -$ N/A N/A N/A N/A N/A N/A N/A

NIAGARA/LAUREL DRAIN 423$ -$ N/A N/A N/A N/A N/A N/A N/A

PROFICIENCY CAPITAL 2,551$ -$ N/A N/A N/A N/A N/A N/A N/A

PSIP 341$ -$ N/A N/A N/A N/A N/A N/A N/A

STATE PIPE 100$ -$ N/A N/A N/A N/A N/A N/A N/A

THRIFTY OIL 293$ -$ N/A N/A N/A N/A N/A N/A N/A

WALMART 594$ -$ N/A N/A N/A N/A N/A N/A N/A

Development Total 23,497$ 1,097$

Water Category

Water CITY WELL #3A 2,016$ -$ N/A N/A N/A N/A N/A N/A THOMAS

DOI WATER SMART

PROGRAM - RECLAMATION

404$ -$ N/A N/A N/A N/A N/A N/A THOMAS



2019-2023

M050 M100 M200 M300 M400 M500

Category




Prior YearsFiscal

Year 2019

A&E

Contract

Request for

Proposal

(RFP)

M050

Notice to

Proceed

(NTP) for

Design

M100

Ready to

Advertise

M200

NTP for

Construction

M300

Construction

Contract

Acceptance

M400

Closeout

Complete

M500

PM


RWS CONCESSION WATER

CAPITAL

12,971$ -$ N/A N/A N/A N/A N/A N/A N/A

SCADA PROJECT - US EPA

GRANT PROJECT

291$ -$ N/A N/A N/A N/A N/A N/A THOMAS

Water Total 15,682$ -$

Wastewater Category

Wawater RWS CONCESSION

WASTEWATER CAPITAL

31,787$ -$ N/A N/A N/A N/A N/A N/A N/A

Grand Total 142,862$ 36,300$

City of Rialto

Legislation Text



For Economic Development Committee June 27, 2018




Request the Economic Development Committee Consider a Recommendation to the City Council toApprove an Agreement with Southern California Air Quality Management District (AQMD) for AirQuality Monitoring Within the City of Rialto.

BACKGROUND:The South Coast Air Quality Management District (AQMD) is partnering with Aeroqual, a sensormanufacturer, to place air pollution monitors throughout the South Coast region as part of a grantreceived by the University of Auckland, NZ and Aeroqual. This is a technology demonstration andtechnology research project to determine how low-cost air quality sensors can be deployedthroughout a region and how the data from these sensors can provide insights into air quality at acommunity scale. The time period for the sensor deployment will be approximately 12-15 months.

ANALYSIS/DISCUSSION:AQMD is seeking a volunteer partnership with the City of Rialto to provide 5 to 6 suitable locationswith accessible power for installing the air quality sensors. The City of Rialto would be providing theelectrical connections and power for the duration of the study. AQMD will provide the installation ofthe units and access to the air quality data collected within the City of Rialto for the City’s review.

Staff met with AQMD to develop a siting plan to install five Aeroqual AQY units. The table belowindicates the proposed locations for the air quality monitors.

Location Address

Fire Station 201 131 S. Willow Avenue

Fire Station 202 1700 N. Riverside Avenue

Fire Station 203 1550 N. Ayala Drive

Fire Station 204 3288 N. Alder Avenue

Wastewater Treatment Plant 501 E Santa Ana Ave

A copy of the Agreement between the two agencies and the AQMD informational flyer are included asAttachments 1 & 2 respectively.

FINANCIAL IMPACT:





The City of Rialto will incur the nominal electricity costs for the operation of the monitoring equipmentduring the 12-15 month period.

Operating Budget Impact

Extremely minor increase to the electricity bill for all 5 locations. Comparable to an alarm clock usage.

Capital Improvement Budget Impact

There will be no impact to the Capital Improvement Budget.

RECOMMENDATION:

Staff recommends that the Economic Development Committee consider a recommendation to the City Councilrecommendation to approve the Agreement with Southern California Air Quality Management District for Air QualityMonitoring within the City of Rialto.




SCAQMDAndrea Polidori, Ph.D.Atmospheric Measurements [email protected]

Aeroqual is a New Zealand-based company that helps communities make better air quality decisions by providing them with reliable instruments that measure the quality of their air.

We’re working with the South Coast Air Quality Management District to set up a network of air quality instruments across Central and Southern California.

AeroqualKyle Alberti, Ph.D.Research [email protected]

Measuring

in your communityAIR QUALITY

• The Aeroqual AQY is a low-cost, low-power air quality monitoring instrument designed to provide real time data of air quality.

• AQY push data to the Aeroqual Cloud Server. This allows the instruments to be deployed

in networks and work together to measure a community’s air quality.

• All the device needs is a standard power connection, and to be placed where there is good access to the surrounding air.

WHAT IT MEASURESOzone • Nitrogen Dioxide • Particulate Matter (PM2.5, PM10) • Temperature, humidity and dew point

KEY COMPONENTSWi-fi and cellular enabled • On board data processing and storage

Weather resistant • Air quality sensors

OUR TECHNOLOGY: Aeroqual AQY

01180.0001/469694.1

ACCESS, MAINTENANCE, AND EQUIPMENT REMOVAL AGREEMENT

BY & BETWEEN CITY OF RIALTO AND

SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT (SCAQMD)

(for Aeroqual AQY)

THIS ACCESS, MAINTENANCE, AND EQUIPMENT REMOVAL AGREEMENT (herein “Agreement”) is made and entered into as of the date executed by authorized representatives of both parties (“Effective Date”) by and between the CITY OF RIALTO, a municipal corporation (herein “City”) and South Coast Air Quality Management District, a public body, corporate and politic(herein “SCAQMD”).

RECITALS

A. SCAQMD is the regional regulatory agency with jurisdiction over air quality in the South Coast Air Basin and has an interest in the monitoring and measurement of air quality within the region.

B. The City also has an interest improving the air quality within the region and desires to cooperate with SCAQMD.

C. SCAQMD has requested to install certain low-cost, low-power air quality monitoring equipment called Aeroqual AQY, and nay related appurtenances (“Equipment”) to collect real time data and information regarding air quality within the immediate region of the City, which will be provided to SCAQMD to measure air quality within the City and surrounding communities (“Project”).

D. The City and SCAQMD desire to enter into this Agreement to outline the Parties’ mutual rights and obligations regarding the Equipment and the Project.

NOW, THEREFORE, in consideration of the promises and covenants contained herein, the above recitals, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

AGREEMENT

1. License

1.1 Grant of License

The City hereby grants to SCAQMD a license revocable or relocatable with or without cause at any time by the City (“License”) to install and maintain the Equipment, including any and all appurtenances, subject to all terms and conditions contained this Agreement. The term of the License shall be eighteen (18) months from the date of this Agreement (“Term”), unless extended by

01180.0001/469694.1

the parties in writing. The locations where the Equipment are to be installed (individually, “Site”) shall be decided and agreed upon in writing by the parties prior to installation.

1.2 Termination of License

The License is terminable with or without cause by the City at any time prior to the expiration of the Term. SCAQMD shall remove the Equipment and related appurtenances and restore the Site to its former condition, at SCAQMD’s sole cost and expense, within sixty (60) days of written notice from the City. In the event SCAQMD fails to remove the Equipment and restore the Site within said time period, the City shall have the right to do so without notice. SCAQMD shall immediately reimburse the City for all out of pocket expenses expended to remove the Equipment and restore the Site.

2. Responsibilities of SCAQMD

2.1 Installation; Maintenance

Upon receiving a written “Notice to Proceed” and obtaining a no-cost permit from the City, SCAQMD shall install, operate, and maintain the Equipment at the Site in such a commercially reasonable manner as to minimize the amount of noise and disruption caused to nearby properties. To that end, SCAQMD agrees that (a) any outdoor noise-producing construction activities shall only take place on weekdays (Monday through Friday, non-holiday) between the hours of 8 a.m. and 7 p.m.; except for maintenance activities for unplanned or emergency service issues.

In compliance with all of the terms and conditions of this Agreement, SCAQMD, at its sole cost and expense, agrees to operate, maintain, and repair the Equipment in compliance with all applicable provisions of the Rialto Municipal Code, as amended from time-to-time, and any applicable State or federal law. SCAQMD shall maintain the Equipment in a clean and sanitary condition, free of rubbish, debris and any hazards to persons, in such a manner as to avoid the reasonable determination of a duly authorized official at the City that a public nuisance has been created by the absence of adequate maintenance.

2.2 Equipment Removal

Upon termination of this Agreement, pursuant to the provisions of this Agreement, the RialtoMunicipal Code, and any applicable State or federal law, SCAQMD agrees to remove the Equipment at the Site within sixty (60) days of the termination.

2.3 Costs

Except as provided in Section 3.2, SCAQMD shall pay all actual and reasonable costs for maintenance, repair, and replacement of the Equipment, as well as monitoring compliance with, and enforcement of, this Agreement and shall reimburse the City for all actual and reasonable costs incurred by it to perform any work required of SCAQMD by this Agreement that SCAQMD fails toperform after notice provided by the City under Section 5.2 herein.

01180.0001/469694.1

2.4 Insurance, Indemnification and Bonds

SCAQMD is an authorized self-insured public entity for purposes of Professional Liability, General Liability, Automobile Liability, and Worker's Compensation insurance. SCAQMD warrants that through its programs of self-insurance, it has adequate coverage or resources to protect against liabilities arising out of performance of the terms, conditions or obligations of this Agreement.

3. Responsibilities of the City

3.1 Notice to Proceed; Permits

Upon written agreement of a Site location for the Equipment, the City shall issue a “Notice to Proceed” and a no-cost permit to SCAQMD for its work for the installation of the Equipment at the Site. The “Notice to Proceed” shall include the location the work shall take place on, the scope of the work, the requested schedule, the level of service required (if necessary), and other pertinent terms and details for the project within the scope of this Agreement.

3.2 Electrical Costs

The City shall, at its sole cost and expense, pay for all electricity costs related to the operation of the Equipment.

3.3 Access to the Site

Upon written request of at least 24 hours prior notice, the City shall provide access to SCAQMD to the Site for any work in furtherance of this Agreement.

4. Indemnification

In the event SCAQMD and/or the City is found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under this Agreement, SCAQMD and/or the City shall indemnify the other to the extent of its comparative fault.

4.1 Indemnification of City

Neither the City nor any officer or employee of the City shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of SCAQMD under or in connection with any work, authority or jurisdiction delegated to or determined to be the responsibility of SCAQMD under this Agreement. It is also understood and agreed that, pursuant to Government Code, Section 895.4, SCAQMD shall fully indemnify, defend and hold the City harmless from any liability imposed for injury (as defined by Government Code section 810.8) occurring by reason of any acts or omissions on the part of SCAQMD under or in connection with any work, authority or jurisdiction delegated to or determined to be the responsibility of SCAQMD under this Agreement.

01180.0001/469694.1

4.2 Indemnification of SCAQMD

Neither SCAQMD nor any officer or employee of SCAQMD shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of the City under or in connection with any work, authority or jurisdiction delegated to or determined to be the responsibility of the City under this Agreement. It is also understood and agreed that, pursuant to Government Code, Section 895.4, the City shall fully indemnify, defend and hold SCAQMD harmless from any liability imposed for injury (as defined by Government Code section 810.8) occurring by reason of any acts or omissions on the part of the City under or in connection with any work, authority or jurisdiction delegated to or determined to be the responsibility of the City under this Agreement.

5. Default; Notice of Termination

5.1 Default; Termination

In the event SCAQMD materially defaults in the performance or observance of any obligation set forth in this Agreement, and if such default remains uncured for a period of thirty (30) days after receipt of written notice given by the City, or, in the event said default cannot be cured within said time period, SCAQMD has failed to commence to cure such default within said thirty (30) days and diligently prosecute said cure to completion, then the City shall declare an event of default to have occurred hereunder. The City may then terminate this Agreement by notice to SCAQMD given in accordance with Section 5.2 below.

5.2 Notices

Formal notices, demands, and communications between City and SCAQMD shall be sufficiently given if personally delivered, delivered by a reputable document delivery service that provides a receipt showing date and time of delivery, or dispatched by registered or certified mail, postage prepaid, return receipt requested. Notices personally delivered or delivered by document delivery service shall be effective upon receipt. Mailed notices shall be deemed to be received as of the earlier of actual receipt by the addressee thereof or the expiration of forty-eight (48) hours after depositing in the United States Postal System in the manner described in this Section. A party hereto may change its address for receipt of notices by delivering notice to the other party in accordance with this section.

City: City HallAttn: City Administrator150 S. Palm Ave.Rialto, CA 92376

SCAQMD: NAMEADDRESS

01180.0001/469694.1

6. Miscellaneous.

6.1 Governing Law

The laws of the State of California shall govern the interpretation and enforcement of this Agreement. The Municipal and Superior Court of the County of San Bernardino, or such other appropriate court in such County, shall have exclusive jurisdiction of any litigation between the parties to this Agreement, and each party agrees to submit to the personal jurisdiction of such courts.

6.2 Non-liability of City Officials or Employees

No official, officer, employee, agent, representative, or consultant of City shall be personally liable to SCAQMD, or any successor in interest of SCAQMD, in the event of any default or breach by City or for any amount which may become due to SCAQMD or its successor, or on any obligations under the terms of this Agreement.

6.3 Modifications

Any alteration, change, or modification of or to this Agreement, shall be made by written instrument signed by each party hereto.

6.4 Waiver

No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise

6.5 Entire Agreement

This Agreement and all documents incorporated herein contain the entire understanding among the parties hereto relating to the transactions contemplated herein and all prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged herein and shall be of no further force or effect.

6.6 Counterparts

This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

6.7 Severability

Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. If, however, any provision of this Agreement shall be prohibited by or invalid under applicable law, such provision shall be ineffective to the extent of

01180.0001/469694.1

such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement.

6.8 Qualification; Authority

Each individual executing this Agreement on behalf of a partnership or corporation represents and warrants that such entity is duly formed and authorized to do business in the State of California and that he or she is duly authorized to execute and deliver this Agreement on behalf of such partnership or corporation in accordance with authority granted under the formation documents of such entity, and, if a corporation, by a duly passed resolution of its Board of Directors, that all conditions to the exercise of such authority have been satisfied, and that this Agreement is binding upon such entity in accordance with their respective terms.

[END – SIGNATURE PAGE FOLLOWS]

01180.0001/469694.1

CITY:

CITY OF RIALTO,a municipal corporation

Robb Steel, Interim City Administrator

Date: ________________________________

ATTEST:

Barbara McGee, City Clerk

APPROVED AS TO FORM:

Fred Galante, City Attorney

SCAQMD:a public body, corporate and politic

By: Name: Title:

Date: ________________________________

[END OF SIGNATURES]

City of Rialto

Legislation Text



For Economic Development Committee [enter date here]




Request Economic Development Committee to Recommend to City Council the Approval of thePassenger Amenity Program Agreement with Omnitrans for Bus Stop Maintenance in the City ofRialto.

BACKGROUND:Omnitrans, a California Joint Powers Authority (Omnitrans) is a provider of public mass transportationagency within San Bernardino County. Established in 1976, Omnitrans was a joint powersagreement, which includes 15 cities and portions of the unincorporated areas of San BernardinoCounty. The City of Rialto is a member of the joint powers authority. Omnitrans administersprograms to install and maintain bus shelters and other passenger amenities in cities. The parties ofthe joint powers, recognize that upgraded, well-maintained bus stops and amenities benefit Cityresidents, the City's business community, and transit riders region-wide

ANALYSIS/DISCUSSION:The scope of this agreement includes the following highlights:

· Omnitrans will provide bus stop facilities within boundaries of the City, and receive all revenue,including advertising, from operation of the amenities.

· The City grants Omnitrans the right to administer and maintain the passenger amenitiesprogram at current and future bus stops throughout the City.

· The City and Omnitrans will coordinate on the placement of bus stop facilities based on ’Omnitrans Transit Design Guidelines (2013) <http://design.omnitrans.org/>, ridership, fundingavailability and other determined needs.

· Omnitrans will collaborate with the City to pursue funding whenever possible for installation ofconcrete improvements or accessibility improvements needed for installing facilities at bus stops.

· At a minimum, two (2) advertising panels within the City’s boundaries are made available for

the City's use for public service announcements.

There are 139 bus stop facilities within the City of Rialto as shown on the map and listed in theAgreement, Exhibit B & C. The City owns and maintains nine of the 139 bus stops in Rialto. Thenine bus stops are along the Riverside Avenue corridor.

FINANCIAL IMPACT:Omnitrans is solely responsible for the operations and maintenance of the bus stops owned by the





Omnitrans is solely responsible for the operations and maintenance of the bus stops owned by thetransit agency. As part of their efforts to recoup costs, the transit agency sells advertising at somelocations within the City; however, income derived from advertising is insufficient to cover their costsand Omnitrans supplements advertising revenue with other sources of income.

RECOMMENDATION:

Staff recommends that the Economic Development Committee Recommend to City Council Cityapproval of the Passenger Amenity Program Agreement with Omnitrans for Bus Stop Operations andMaintenance in the City of Rialto.




1

CITY OF RIALTOPASSENGER AMENITY PROGRAM AGREEMENT

BY AND BETWEEN

OMNITRANS1700 W. FIFTH ST.

SAN BERNARDINO, CA 92411

AND

CITY OF RIALTO150 S. PALM AVENUE

RIALTO, CA 92376

1. Parties and Date. This Passenger Amenity Program Agreement ("Agreement") is made and entered into this ____ day of March, 2018 by and between Omnitrans, a California Joint Powers Authority (“Omnitrans”), and the City of Rialto, a California municipal corporation (“City”). Omnitrans and City are also referred to herein individually as "Party" and collectively as "Parties."

2. Recitals2.1 Purpose

2.1.1. Omnitrans is a provider of public mass transportation for the San Bernardino Valley, and has the professional ability to administer programs to install and maintain bus shelters and other passenger Amenities, as defined below, in cities. Omnitrans represents that it is experienced in providing such services to public clients.

2.1.2. The Parties recognize that upgraded, well-maintained bus stopsand Amenities benefit City residents, the City's business community, and transit riders region-wide.

2.1.3. The Parties desire that by this Agreement, Omnitrans shall have the right to provide and obligation to maintain bus stop Amenities within boundaries of City, and in exchange, willreceive all revenue, including advertising, from such Amenities.

2.1.4. The Parties agree that if City, property developer, or property owner installs bus stop Amenities separate from the Amenitiesthat Omnitrans installs (of which Omnitrans does not agree to take ownership), Omnitrans does not bear the responsibility to maintain those Amenities and shall have no liability for such Amenities.

2.2. Definition of Amenity/Amenities. The definition of “Amenity” or “Amenities” as used throughout this Agreement may include, but not be limited to: shelters, benches, lean bars, trash receptacles, customer information signage (physical or electronic signage), advertising panels (static or digital), solar panels, lighting, security systems, and bicycle racks.

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2.3. Program. City desires to engage Omnitrans to administer a comprehensive Passenger Amenities Program ("Program") at current and future bus stops throughout the City as set forth in this Agreement.

3. Responsibilities under Agreement

3.1 Scope of Services 3.1.1 General Scope of Services. The City grants Omnitrans the right

to administer the Program at current and future bus stops throughout the City. Omnitrans may use a contractor(s)(“Contractor”) to perform the construction, maintenance, and repair services ("Services") in connection with the Program at current and future bus stops within the City.

3.1.2 Placement of Amenities. Omnitrans will place Amenities based upon the guidance outlined in Omnitrans’ Transit Design Guidelines (2013), including ADA regulations. City and Omnitrans will coordinate on the placement of Amenities based on such Guidelines, ridership, funding availability and other determined needs.

3.1.3 Availability of Sidewalk Space. The availability of flat concrete sidewalk space on which Amenities can be installed (10’ by 25’ for shelters) is also crucial to installation of shelters. Omnitrans will partner with City to pursue funding whenever possible for installation of concrete improvements or accessibility improvements needed for installing Amenities at bus stops.

3.1.4 Shelter Design. Omnitrans shall ensure that bus shelters and Amenities in the City are constructed in accordance with all applicable Americans with Disabilities Act ("ADA") guidelines, as well as other guidance laid out in Omnitrans’ Transit Design Guidelines (2013).

3.1.5 Shelter Types. Shelter types include but are not limited to the following (examples are shown in Attachment A):

3.1.5.1 Standard blue or green Omnitrans shelter (13’or 17’ length), which typically includes a trash receptacle, bench, advertising panel, map case/customer information, and solar-powered lighting.

3.1.5.2 Premium silver Omnitrans logo shelter (17’ length), which typically includes a trash receptacle, bench, advertising panel, map case/customer information, solar-powered lighting, electronic real-time information sign, and bike rack.

3.1.5.3 The specific type of shelter to be used for each location shall be determined by mutual agreement of the parties.(The current location of shelters in the City of Rialto as of the date of this agreement is shown in Attachments B and C).

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3.1.6 Maintenance, Repair, and Cleaning. Omnitrans shall wash all shelters and Amenities within the City not less than once per month, clean the 15' radius of the shelters not less than once a week, and clean the benches not less than once per week. Omnitrans shall repair, remove, or replace, within a reasonable amount of time upon notice, any portion of an Amenity that is broken, in disrepair, or poses a health or safety risk.

3.1.7 Amenities - Waste Receptacles. Omnitrans will place and maintain trash receptacles at all existing and future amenity locations, empty waste receptacles at least once per week, clean at least once a month, and add trash receptacles as required by law or in Omnitrans’ discretion.

3.1.8 Relocation or Removal. The City, in its sole discretion and at its expense may require the relocation or removal of any Amenity if the physical surroundings or use of the Amenity poses a threat to the public health or safety. In such case, Omnitrans shall be responsible for arranging for such relocation or removal. In all other cases, Omnitrans in its sole discretion and expense may remove and/or relocate any Amenity for its operational convenience. Any new location shall be agreed upon by the Parties.

3.1.9 Advertising/Public Service Announcements. At a minimum, two (2) advertising panels within the City’s boundaries shall be made available for the City's use for public service announcements.

3.1.10 Electronic Advertising Panels. Electronic advertising panels may be used in future shelter designs, upon review and approval by City and if in conformance with the City’s sign code.

3.1.11 Advertising Content. Per the provisions of Omnitrans’ contract with its advertising provider, Omnitrans does not permit, under any circumstances, any advertisement that violates any federal, state, county, or local regulation, law, code, or ordinance; is or can be construed to be false, misleading, deceptive or libelous; contains copyright infringement; contains an endorsement by Omnitrans without prior written authorization; contains sexual or adult-oriented content according to contemporary community standards, obscenity, or nudity; depicts unlawful or detrimental conduct or advertises unlawful goods or services; demeans or disparages an individual or group based on race, color, religion, national origin, ancestry, gender, age, disability, or sexual orientation; contains images or descriptions of or incites violence; contains images of firearms in the foreground or making up 15% or more of the advertisement, profanity, alcohol, tobacco, graffiti, inappropriate graphics, political or religious information. All Advertisements that contain content or have a presentation that is objectionable, as so deemed by Omnitrans, will be removed from affected Amenities within 48 hours, regardless of prior

4

approvals, at Omnitrans’ or its Contractor’s expense (based on the provisions of Omnitrans’ contract with its advertising provider).

3.1.12 Approval by City. Omnitrans and the City shall work cooperatively to identify bus shelter locations. Omnitrans shall obtain all necessary and applicable approvals and permits from the City or any other agency having ownership or jurisdiction of the location prior to the installation, removal, or repair of any Amenity.

3.1.13 Duty to Inform Public. Omnitrans shall make every practicable effort to inform the community of the mechanisms in place for thepublic to report problems concerning the bus shelters, Amenity, and maintenance needs, which at a minimum is to provide contact information affixed to the shelter.

3.1.14 Loitering. City will allow Omnitrans to install No Loitering signs at bus stops, which will assist Omnitrans in addressing vagrancy at the bus stops. City staff will meet with Omnitrans staff to discuss the possibility of the City passing an ordinance against loitering at bus stops that complies with applicable laws and regulations.

3.2 Term. This Agreement shall continue in full force and effect until the completion of all Services, but not exceeding fifteen (15) years from the date this Agreement is first signed, unless extended or terminated by the Parties, as provided herein.

3.3 Responsibilities3.3.1 The Services included in this Agreement shall be performed by

Omnitrans and/or Contractor(s) or any other subcontractor under the Contractor’s direct supervision.

3.3.2 Omnitrans and its Contractors retain the right to perform similar or different Services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Omnitrans or its Contractor(s) shall at all times be under the direction and control of its employer. Omnitrans shall require Contractor to execute contracts for the benefit of the City and Omnitrans, releasing the City and Omnitrans from all costs, expenses and liabilities arising from Contractor's negligent performance of the Services.

3.3.3 Conformance to Applicable Requirements. All work performed in connection with this Agreement shall be subject to the City's ordinances.

3.3.4 City's Representative. The City hereby designates the City Administrator or his designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all proposed work under this Contract. Omnitrans shall not accept direction or orders from any person other than the City's Representative or his or her designee.

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3.3.5 Omnitrans' Representative. Omnitrans hereby designates the Omnitrans Stops and Stations Supervisor, to act as its representative for the performance of this Agreement ("Omnitrans' Representative"). Omnitrans' Representative shall have the authority to represent and act on behalf of Omnitrans for all purposes under this Agreement.Omnitrans' Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures for the satisfactory coordination of all portions of the Program and Services under this Agreement.

3.3.6 Substitution of Key Personnel. Omnitrans or City may substitute other personnel of at least equal competence in the place of the authorized Representative or other key personnel who are responsible for fulfilling the responsibilities within this Agreement with written notice to the other Party in accordance with this Agreement.

3.3.7 Coordination of Services. Omnitrans agrees to work with City staff in the performance of the Program and Services, and each Party’s representative shall be available to the other at reasonable times with reasonable notice.

3.4 Insurance3.4.1 Minimum Requirements. Omnitrans and/or its Contractor(s) shall

procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by Omnitrans, its agents, representatives, employees or Contractor(s) and its subcontractors. Omnitrans shall also require any Contractor(s) to include contract provisions requiring that all subcontractors of the Contractor shall procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the minimum levels of coverage as described below.

3.4.2 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. The City shall be named as an additional insured for all such coverage, where possible, and be provided with applicable endorsements as more particularly described below.

3.4.3 Minimum Limits of Insurance. Coverage shall be at least: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the

6

general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers' Compensation and Employer's Liability: Worker's Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of $1,000,000 per accident for bodily injury or disease. The City shall be named as an additional insured for all such coverage, where possible, and be provided with applicable endorsements as more particularly described below.

3.4.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Omnitrans or its Contractor(s) shall provide endorsements on forms supplied or approved by the City, to add the following provisions to the insurance policies:

3.4.5 General Liability. The general liability policy shall be endorsed to state that: (1) the City, and Omnitrans, and their respective directors, officials, officers, employees, agents and volunteers shall be covered as additional insured with respect to the Services or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such Services; and (2) the insurance coverage shall be primary insurance with respect to the City and Omnitrans, and their respective directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s or any subsequent Contractor's scheduled underlying coverage. Any insurance or self-insurance maintained by the Omnitrans or the City, or their directors, officials, officers, employees, agents and volunteers shall be excess of Contractor's or any subsequent Contractor's insurance and shall not be called upon to contribute with it in any way.

3.4.6 Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) Omnitrans, the City, and their respective directors, officials, officers, employees, agents and volunteers shall be covered as additional insured's with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor; and (2) the insurance coverage shall be primary insurance with respect to Omnitrans or the City, and their respective directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor scheduled underlying coverage. Any insurance or self-insurance maintained by Omnitrans or the City, and their respective directors, officials, officers, employees, agents and volunteers shall be excess of the Contractors insurance and shall not be called upon to contribute with it in any way.

3.4.7 Worker's Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for

7

losses paid under the terms of the insurance policy which arise from work deficiently performed by Omnitrans or its Contractor(s), or any other Contractor or subcontractor performing work pursuant to this Agreement.

3.4.8 All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to Omnitrans and the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to Omnitrans or the City, their directors, officials, officers, employees, agents and volunteers.

3.4.9 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insured's provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to Omnitrans or the City, its directors, officials, officers, employees, agents and volunteers.

3.4.10 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to Omnitrans and the City. Omnitrans or its Contractor(s) shall guarantee that the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects Omnitrans or the City, and their respective directors, officials, officers, employees, agents and volunteers.

3.4.11 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less A-VII, licensed to do business in California.

3.4.12 Verification of Coverage. The Contractor shall furnish to Omnitrans original certificates of insurance and endorsements effecting coverage required by this Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf and shall be on forms satisfactory to Omnitrans. The City reserves the right to require complete copies of all required insurance policies, at any time.

3.5 Compensation. Omnitrans shall receive no monetary compensation or reimbursement from the City for the Program and the Services rendered under this Agreement. Except as provided elsewhere in this Agreement, the Program and Services are to be provided at no cost to the City. Omnitrans and the City acknowledge that all advertising revenue generated by the shelters shall be the sole property of Omnitrans and agree the right to such revenues is sufficient consideration for the performance of Omnitrans' obligations hereunder.

4. General Provisions

4.1 Termination of Agreement.4.1.1 Grounds for Termination. Either Party may, terminate this

Agreement without cause in whole or in part, by giving at least thirty

8

(30) days’ written notice of such termination and specifying the reasons for such termination and the effective date thereof, unless the Parties agree in writing to a different time period. Either Party may terminate this Agreement for cause as a result of a material breach of the Agreement by the other Party by giving seven (7) days’ written notice of such termination and specifying the reason(s) for such termination, unless the Parties agree in writing to a different time period. The non-terminating Party has the right to request a meeting to discuss such termination before its effective date.

4.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective Parties at the following address, or at such other address as the respective Parties may provide in writing for this purpose:

Omnitrans: Attn: Director of Marketing & Planning Omnitrans1700 West Fifth StreetSan Bernardino, CA 92411

City: Attn: City AdministratorCity of Rialto150 S. Palm AvenueRialto, CA 92376

Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

4.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

4.4 Attorneys’ Fees. If either Party commences an action against the other Party, whether legal, administrative or otherwise, arising out of or in connection with this Agreement, neither Party in such litigation shall beentitled to have and recover from the losing Party reasonable attorneys’fees and all other costs of such action.

4.5 Indemnification. Omnitrans and its Contractor(s) or subcontractor(s) shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any actual or alleged

9

acts, omissions or willful misconduct of Omnitrans, its officials, officers, employees, agents, Contractors and subcontractors arising out of or in connection with the performance of the Program, Services or this Agreement. City shall defend, indemnify and hold Omnitrans, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any actual or alleged acts, omissions or willful misconduct of City, its officials, officers, employees, agents, Contractors and subcontractors arising out of or in connection with the performance of, the Program, Services or this Agreement.

4.6 Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both Parties.

4.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.

4.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.

4.9 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties

4.10 Construction, References, and Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Omnitrans include all personnel, employees, agents, and Contractors of Omnitrans, except as otherwise specified in this Agreement. All references to City include its officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

4.11 Amendment and Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

4.12 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same of other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppels, or otherwise.

4.13 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

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4.14 Invalidity and Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

4.15 Prohibited Interest. Omnitrans maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Omnitrans, to solicit or secure this Agreement. Further, Omnitrans warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Omnitrans, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer of employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipate material benefit arising there from.

4.16 Equal Opportunity Employment. Omnitrans represents that it is an equal opportunity employer and it shall not discriminate against any contractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities relate to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Omnitrans shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

4.17 Labor Certification. By its signature hereunder, Omnitrans certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

4.18 Authority to Enter Agreement. Omnitrans has all requisite power and authority to conduct its business and to execute, deliver, and perform thisAgreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

4.19 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

4.20 Assignment. Omnitrans shall have the right to assign all or part of this Agreement upon consent of the City, which consent shall not be unreasonably withheld.

[SIGNATURES ON NEXT PAGE]

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SIGNATURE PAGE TO PASSENGER AMENITY PROGRAM AGREEMENT

CITY OF RIALTO OMNITRANS

By: ______________________ By: ______________________ Deborah Robertson P. Scott Graham Mayor CEO/General Manager

Dated: ____________________ Dated: ____________________

ATTEST

By: ______________________Barbara A. McGee

City Clerk

APPROVED AS TO FORM APPROVED AS TO FORM

By: ______________________ By: ______________________ Fred Galante A. Haviva Shane City Attorney Omnitrans Legal Counsel

12

ATTACHMENT A

Examples of shelters and amenities

Basic Shelter

Premium Shelter

13

Premium Shelter with Digital Ad Panel (Future Option)

14

ATTACHMENT B

Map of Bus Shelter Locations in the City of Rialto (2018)

15

ATTACHMENT C

List of Bus Shelter Locations in the City of Rialto (2018)

STOP ID

STOP NAME LAT. LONG. ROUTE DIRECTIONBENCH TYPE

SHELTER TYPE

78 BASELINE @ RIVERSIDE WB FS34.121388

-117.370558

10 WESTBOUNDOmni Metal

17' Omni Ad

83 BASELINE @ RIVERSIDE EB FS34.121291

-117.369660

10 EASTBOUNDOmni Metal

None

100 FOOTHILL & RIVERSIDE34.106804

-117.370483


None

103 FOOTHILL & RIVERSIDE34.106691

-117.370219

14 EASTBOUNDOmni Concrete

Omni Ad

105 MERRILL & RIVERSIDE34.092232

-117.370136


Omni Ad

108 MERRILL & RIVERSIDE WB FS34.092336

-117.370400


Omni Ad

133 RIVERSIDE @ FOOTHILL NB NS34.106689

-117.370361

22 NORTHBOUNDCity Metal

City

135 LIVE OAK @ RIVERSIDE NB NS34.171234

-117.424894

22 NORTHBOUND None None

140 RIVERSIDE @ FOOTHILL SB FS34.106438

-117.370433

22 SOUTHBOUNDOmni Metal

17' Omni Ad

430 11TH STREET AT CEDAR34.044918

-117.396211

29 SOUTHBOUNDOmni Wood

None


-117.396211

29 NORTHBOUNDOmni Wood

None


-117.396211


None


-117.396211

9329 NORTHBOUNDOmni Wood

None

5097SAN BERNARDINO @ CEDAR EB FS

34.077675

-117.396253

19 EASTBOUND None None

5098SAN BERNARDINO @ LARCH EB FS

34.077672

-117.391886


5099SAN BERNARDINO @ BLOOMINGTON EB FS

34.077697

-117.387454


None

5100SAN BERNARDINO @ CACTUS EB FS

34.077678

-117.382966


5101SAN BERNARDINO @ LILAC EB FS

34.077701

-117.378633


5102SAN BERNARDINO @ WILLOW EB NS

34.077689

-117.374966


None

5103SAN BERNARDINO @ RIVERSIDE EB NS

34.077694

-117.370610


5220SAN BERNARDINO @ RIVERSIDE WB NS

34.077871

-117.369988


Omni Ad

5221SAN BERNARDINO @ WILLOW WB FS

34.077814

-117.375010

19 WESTBOUND None None

5222SAN BERNARDINO @ LILAC WB FS

34.077794

-117.379093


5223SAN BERNARDINO @ CACTUS WB NS

34.077856

-117.382983


5224SAN BERNARDINO @ BLOOMINGTON WB FS

34.077792

-117.387794

19 WESTBOUNDOmni Concrete

None

5225SAN BERNARDINO @ LARCH WB FS

34.077792

-117.392379


5226SAN BERNARDINO @ CEDAR WB FS

34.077779

-117.396593


None

5616 FOOTHILL @ CEDAR WB FS34.106796

-117.396717


None

5617 FOOTHILL @ CEDAR EB FS34.106685

-117.396256


17' Omni Ad

5632 FOOTHILL @ PEPPER WB FS34.106824

-117.353053


17' Omni Ad

16

STOP ID


SHELTER TYPE

5633FOOTHILL @ EUCALYPTUS WB FS

34.106828

-117.357410


None

5634 FOOTHILL @ ACACIA WB FS34.106823

-117.361790


13' Omni Ad

5635FOOTHILL @ SYCAMORE WB FS

34.106810

-117.366071


None

5636 FOOTHILL @ WILLOW WB FS34.106817

-117.374808


17' Omni Ad

5637 FOOTHILL @ LILAC WB FS34.106801

-117.379319


13' Omni Ad

5638 FOOTHILL @ CACTUS WB FS34.106797

-117.383545


None

5639 FOOTHILL @ SPRUCE WB FS34.106782

-117.387870


None

5641 FOOTHILL @ LINDEN WB NS34.106768

-117.400572


None

5642 FOOTHILL @ MAPLE WB FS34.106783

-117.405432


None

5662 FOOTHILL @ MAPLE EB FS34.106661

-117.405135


13' Omni Ad

5663 FOOTHILL @ LINDEN EB FS34.106676

-117.400799


None

5664 FOOTHILL @ LARCH EB NS34.106672

-117.392750


Omni Ad

5665 FOOTHILL @ SPRUCE EB NS34.106665

-117.387921


13' Omni Ad

5666 FOOTHILL @ CACTUS EB NS34.106734

-117.383533


None

5667 FOOTHILL @ LILAC EB FS34.106711

-117.378618


None

5668 FOOTHILL @ WILLOW EB FS34.106704

-117.374555


17' Omni Ad

5669 FOOTHILL @ SYCAMORE EB FS34.106698

-117.365687


13' Omni Ad

5670 FOOTHILL @ ACACIA EB FS34.106710

-117.361526


17' Omni Ad

5671FOOTHILL @ EUCALYPTUS EB FS

34.106715

-117.357114


None

5672 FOOTHILL @ PEPPER EB FS34.106710

-117.352799


17' Omni Ad

6289 BASELINE @ MERIDIAN WB FS34.121394

-117.348776


6290 BASELINE @ PEPPER WB FS34.121400

-117.353069


Omni Ad

6291BASELINE @ EUCALYPTUS WB FS

34.121404

-117.357439

10 WESTBOUND None Omni Ad

6292 BASELINE @ ACACIA WB FS34.121408

-117.361775


Omni Ad

6293BASELINE @ SYCAMORE WB NS

34.121397

-117.365850


6294 BASELINE @ RIVERSIDE WB NS34.121393

-117.368613


6295 BASELINE @ WILLOW WB FS34.121393

-117.374840


6296 BASELINE @ LILAC WB FS34.121387

-117.379187


6297 BASELINE @ CACTUS WB NS34.121394

-117.383218


6298 BASELINE @ AYALA WB FS34.121361

-117.396829

10 WESTBOUNDPlease Select

None

6299 BASELINE @ LINDEN WB FS34.121383

-117.401046


6300 BASELINE @ MAPLE WB FS34.121409

-117.405721


6301 BASELINE @ LOCUST WB FS34.121387

-117.409828


17

STOP ID


SHELTER TYPE

6303 BASELINE @ ALDER WB FS34.121382

-117.418556


6304 BASELINE @ TAMARIND WB FS34.121376

-117.422838


6359BASELINE @ MID BLOCK EB MB

34.121276

-117.420706


6360 BASELINE @ ALDER EB FS34.121282

-117.417965


6361 BASELINE @ LAUREL EB FS34.121272

-117.413508


None

6362 BASELINE @ LOCUST EB NS34.121277

-117.410089


None

6363 BASELINE @ MAPLE EB FS34.121295

-117.404802


6364 BASELINE @ LINDEN EB FS34.121276

-117.401066


6365 BASELINE @ CEDAR EB FS34.121196

-117.396292


17' Omni Ad

6366 BASELINE @ GLENWOOD EB FS34.121282

-117.391322


17' Omni Ad

6367 BASELINE @ CACTUS EB FS34.121290

-117.382998


None

6368 BASELINE @ LILAC EB FS34.121277

-117.378705

10 EASTBOUNDPlease Select

17' Omni Ad

6369 BASELINE @ WILLOW EB NS34.121279

-117.375395


13' Omni Ad

6370 BASELINE @ SYCAMORE EB NS34.121293

-117.366329


Omni Ad

6371 BASELINE @ ACACIA EB FS34.121298

-117.361205


None

6372BASELINE @ EUCALYPTUS EB FS

34.121290

-117.357196


Omni Ad

6373 BASELINE @ PEPPER EB FS34.121286

-117.352805

10 EASTBOUNDOmni Wood

None

6374 BASELINE @ MERIDIAN EB NS34.121301

-117.349102


None

6499 MERRILL @ MAPLE EB FS34.092162

-117.404619

15 EASTBOUNDOmni Wood

None

6501 MERRILL @ CEDAR EB FS34.092185

-117.395829


Omni Ad

6502 MERRILL @ LARCH EB FS34.092192

-117.391406


6503 MERRILL @ SPRUCE EB FS34.092204

-117.387323


6504 MERRILL @ CACTUS EB FS34.092200

-117.383031


6507 MERRILL @ SYCAMORE EB FS34.092233

-117.365408


None

6508EUCALYPTUS @ MERRILL NB FS

34.092890

-117.357196


Omni Ad

6509EUCALYPTUS @ ATCHISON NB NS

34.096335

-117.357211


6510 RIALTO @ EUCALYPTUS EB FS34.099486

-117.357068


6625 EUCALYPTUS @ RIALTO SB FS34.099304

-117.357348


6626 EUCALYPTUS @ WILSON SB NS34.096020

-117.357337


6627 MERRILL @ PAMPAS WB NS34.092361

-117.357977


None

6628 MERRILL @ ACACIA WB FS34.092343

-117.362013


6629 MERRILL @ SYCAMORE WB FS34.092339

-117.366272


6630 MERRILL @ WILLOW WB FS34.092345

-117.375139


Omni Ad

18

STOP ID


SHELTER TYPE

6631 MERRILL @ LILAC WB FS34.092324

-117.379255


6632 MERRILL @ CACTUS WB FS34.092311

-117.383503


Omni Ad

6633 MERRILL @ SPRUCE WB FS34.092306

-117.388548


6634 MERRILL @ LARCH WB LT34.092281

-117.392227


Omni Ad

6635 MERRILL @ CEDAR WB FS34.092292

-117.396628


6637 MERRILL @ MAPLE WB FS34.092269

-117.405450


6648 MERRILL @ WILLOW EB NS34.092238

-117.375050


Omni Ad

6652 RIVERSIDE @ VALLEY NB FS34.071078

-117.370167

22 NORTHBOUNDOmni Metal

Omni Non-Ad

6654RIVERSIDE @ VALUE CENTER 2 MB FS

34.076429

-117.370182

22 NORTHBOUND NoneOmni Non-Ad

6655RIVERSIDE @ SAN BERNARDINO NB FS

34.078425

-117.370184


City

6657RIVERSIDE @ SAN BERNARDINO NB MB

34.082520

-117.370200

22 NORTHBOUNDOmni Concrete

None

6658 RIVERSIDE @ RANDALL NB FS34.086048

-117.370205


City

6659 RIVERSIDE @ JAMES NB FS34.089421

-117.370219


City

6660 RIVERSIDE @ MERRILL NB FS34.092723

-117.370221


City

6661 RIVERSIDE @ WILSON NB FS34.095399

-117.370234


6662 RIVERSIDE @ RIALTO NB NS34.098351

-117.370295

22 NORTHBOUNDOther Metal

City/Private

6663 RIVERSIDE @ RIALTO NB FS34.099433

-117.370292

22 NORTHBOUNDOther Metal

City/Private

6664 RIVERSIDE @ 1ST NB FS34.100885

-117.370206


Omni Non-Ad

6665 RIVERSIDE @ 2ND NB FS34.102681

-117.370314


6666 RIVERSIDE @ CORNELL NB FS34.111262

-117.370308


6667RIVERSIDE @ ETIWANDA NB FS

34.114197

-117.370325


None

6668 RIVERSIDE @ HOLLY NB FS34.116559

-117.370333


6669 RIVERSIDE @ WABASH NB FS34.120549

-117.370254


City

6670 RIVERSIDE @ BASELINE NB FS34.121525

-117.370341


17' Omni Ad

6671 RIVERSIDE @ VIRGINIA NB FS34.124719

-117.370341


6672 RIVERSIDE @ WALNUT NB FS34.128915

-117.370370


6674 RIVERSIDE @ EASTON NB NS34.134159

-117.370372


6675RIVERSIDE @ CASMALIA NB LAT

34.139260

-117.371825


6676 RIVERSIDE @ ROWAN NB FS34.142778

-117.377323


6677 CACTUS @ RIVERSIDE SB FS34.145397

-117.382603


6678 BOHNERT @ CACTUS WB FS34.143204

-117.383649


6679 BOHNERT @ AYALA WB FS34.143199

-117.391768


6680 BOHNERT @ CEDAR WB FS34.143177

-117.396674


19

STOP ID


SHELTER TYPE

6681 BOHNERT @ LINDEN WB FS34.143170

-117.401077


6682 BOHNERT @ MAPLE WB FS34.143181

-117.405524


6683 BOHNERT @ LOCUST WB NS34.143169

-117.409578


6684 LOCUST @ MID BLOCK NB MB34.146031

-117.409683

22 NORTHBOUNDOmniMetal

None

6685 LOCUST @ LOWELL NB FS34.152732

-117.409714


6687CASA GRANDE @ LOCUST WB FS

34.157831

-117.410536


6688CASA GRANDE @ SILVERBERRY WB FS

34.157861

-117.414820


6689 ALDER @ CASA GRANDE NB FS34.158141

-117.418355


6690 ALDER @ BUENA VISTA NB FS34.161658

-117.418341


6691TERRA VISTA AT ORANGEWOOD WB FS

34.163160

-117.419155


6692LIVE OAK @ TERRA VISTA NB FS

34.167589

-117.427496


6694 RIVERSIDE @ AMBER SB FS34.168568

-117.419622


6695 RIVERSIDE @ ALDER SB FS34.166400

-117.416032


6696 RIVERSIDE @ LOCUST SB NS34.162634

-117.409976


6698 RIVERSIDE @ ASHFORD SB FS34.157638

-117.401899


6699 LINDEN @ SUNNYVIEW SB FS34.155043

-117.399902


6700 LINDEN @ SUMMIT SB FS34.150311

-117.401038


6701LINDEN @ CARTER HIGH SCHOOL SB MID

34.146795

-117.401042


6702 BOHNERT @ LINDEN EB FS34.143052

-117.400474


None

6703BOHNERT @ BRIERWOOD EB FS

34.143090

-117.390367


6704 CACTUS @ APPLE NB FS34.143591

-117.383427


6705RIVERSIDE @ COLUMBINE SB FS

34.143596

-117.379078


6706 RIVERSIDE @ PECAN SB FS34.141674

-117.375876


6707 RIVERSIDE @ CASMALIA SB FS34.138896

-117.371567


None

6708 RIVERSIDE @ EASTON SB FS34.133736

-117.370507

22 NORTHBOUNDOmni Metal

None

6708 RIVERSIDE @ EASTON SB FS34.133736

-117.370507


None

6710 RIVERSIDE @ WALNUT SB FS34.128484

-117.370504

22 SOUTHBOUNDOmni Concrete

Omni Ad

6711 RIVERSIDE @ VIRGINIA SB FS34.124297

-117.370487

22 SOUTHBOUND NoneOmni Non-Ad

6712 RIVERSIDE @ BASELINE SB FS34.120853

-117.370428

22 SOUTHBOUND None Omni Ad

6713 RIVERSIDE @ WABASH SB FS34.117926

-117.370477

22 SOUTHBOUND None None

6714 RIVERSIDE @ ETIWANDA SB FS34.113918

-117.370463


6715RIVERSIDE @ ROSEWOOD SB NS

34.109820

-117.370436


6716 RIVERSIDE @ 3RD SB FS34.104049

-117.370458


None

20

STOP ID


SHELTER TYPE

6717 RIVERSIDE @ 1ST ST SB NS34.100837

-117.370414


None

6718 RIVERSIDE @ RIALTO SB NS34.099002

-117.370426

22 SOUTHBOUNDOther Metal

City/Private

6719 RIVERSIDE @ RIALTO SB FS34.098143

-117.370422


6720RIVERSIDE @ BONNIE VIEW SB FS

34.095387

-117.370430

22 SOUTHBOUND None Omni Ad

6721 RIVERSIDE @ MERRILL SB NS34.092766

-117.370418


Omni Ad

6722 RIVERSIDE @ MERRILL SB FS34.091701

-117.370411

22 SOUTHBOUND NoneOmni Non-Ad

6723 RIVERSIDE @ JAMES SB NS34.089392

-117.370415


6724 RIVERSIDE @ RANDALL SB FS34.084605

-117.370399


None

6725RIVERSIDE @ RANDALL SB MID

34.081241

-117.370352


6726RIVERSIDE @ SAN BERNARDINO SB FS

34.077206

-117.370349


None

6727RIVERSIDE @ SENIOR WAY SB NS

34.075484

-117.370436

22 SOUTHBOUNDOmni Metal Blue

None

6728 RIVERSIDE @ GATEWAY SB FS34.072249

-117.370318


None

6729 VALLEY @ RIVERSIDE EB FS34.070464

-117.369906


6782 SLOVER @ CEDAR WB FS34.063224

-117.396861


6792 CEDAR 2 JURUPA NB FS34.048700

-117.396283


6793 SANTA ANA @ CEDAR EB FS34.055880

-117.396037


6794 SANTA ANA @ LARCH EB FS34.055874

-117.391944


6795 SANTA ANA @ SPRUCE EB FS34.056014

-117.387592


6796 SPRUCE @ OTILLA NB NS34.059583

-117.387686


6797 SLOVER @ SPRUCE WB FS34.063240

-117.387979


6798 SLOVER @ LARCH WB FS34.063271

-117.392201


6799 VALLEY @ CEDAR WB FS34.070533

-117.396402


None

7737 MERRILL @ ACACIA EB FS34.092232

-117.361509


7923 MERRILL @ LILAC EB NS34.092217

-117.379177


8138 CACTUS @ RIVERSIDE NB NS34.145478

-117.382242


8194 SLOVER @ CEDAR WB NS34.063255

-117.396217


8604TERRA VISTA @ PONDEROSA WB FS

34.166181

-117.425482


8615BASELINE @ FITZGERALD WB NS

34.121366

-117.393060


8617RIVERSIDE @ SAN BERNARDINO SB NS

34.078068

-117.370366


BUS STOP MAINTENANCE

City of Rialto Economic Development Committee

June 27, 2018 Anna Jaiswal, Development Planning Manager

Omnitrans

• 19 member Board of Directors • 12.5 million rides per year

Omnitrans

Passenger Amenity Program

• Omnitrans responsible for maintenance of Omnitrans standard amenities, using ad revenue from shelters.

• Participating cities:

• Some cities choose city-branded or private amenities.

o City of Colton o City of Fontana o City of Grand

Terrace o City of Highland o City of Loma

Linda o City of Montclair

o City of Ontario o City of Redlands o City of Rialto o City of San

Bernardino o County of San

Bernardino o City of Yucaipa

Maintenance Responsibilities • Cleaning & trash pickup • Graffiti removal • Pressure washing • Maintenance • Installation & removal of stops &

Agency-owned passenger amenities.

• Install customer info signs, schedule kiosks & posters

• 8 Stops & Stations Workers • 2,500 bus stops • 360 shelters • 490 stand alone benches • 100 pole-mounted solar lights • 800 trash can locations • SBTC & sbX Stations • All spread over 460 square miles.

[email protected]

mailto:[email protected]

Maintenance Schedule

Amenity / Service

Regular Cleaning

Trash Removal

Graffiti Removal

Pressure Washing

Inspection Customer

Info Change

Shelter including bench and trash can

Weekly Weekly (up to 3/week at key locations)

Weekly (as needed)

Monthly Monthly Quarterly

Bench including trash can

Weekly Weekly Weekly (as needed)

Monthly / Quarterly

Quarterly n/a

Trash Can (standalone)

Weekly Weekly Weekly (as needed)

As needed Quarterly n/a

Poles As needed n/a As needed n/a Annually n/a

sbX Every other day

Every other day

Every other day

Twice per week

Weekly Quarterly

SBTC Daily Daily Daily Weekly Daily Quarterly

Transit Centers City maintained

City maintained

City maintained

City maintained

Monthly Quarterly

Solar Lighting Monthly n/a As Needed n/a Monthly n/a


• Further partnerships between cities and Omnitrans

– Digital ad panels

– No Loitering and/or No Smoking signs at bus stops


• Fees for permits for shelters?

– No construction, no traffic control

– Standard plans for shelters

– Four other cities requiring no-fee permits

Omnitrans Amenities

Standard Shelter Premium Shelter

• Omnitrans has limited funding for new amenities. • Partnering with cities on grant applications for more shelters. • Private developers can purchase and Omnitrans can take on maintenance.

Bus Stop Maintenance

• Safety, cleanliness, and amenities at bus stops are top priorities for Omnitrans Board

– Omnitrans 2017-2020 Strategic Plan, Safety & Security Goal and Service & Operations Goal

• Current initiatives:

– Solar lighting

– Possible Adopt-a-Stop programs (paid sponsorship or volunteer litter pickup)

– Article 3 grants for transit stop access improvements

Article 3 Bus Stop Improvements

• Grant from SBCTA, matched with federal funds

• Bus stop ADA access improvements construction:

– Concrete boarding area and curb

• Agreement for federal funding requirements

Baseline & Pepper Baseline & Meridian Riverside & James

THANK YOU

City of Rialto

Legislation Text



For Economic Development Committee Meeting [June 27, 2018]




Request the Economic Development Committee consider interest and retain a design consultantrelated to County Property at southwest corner of Casmalia Avenue and Alder Avenue.

BACKGROUND:On June 13, 2017, the City Council approved an Amended and Restated Purchase and SaleAgreement (“Agreement”) between the City and the County of San Bernardino for the purchase ofCounty property (portions of APN 1119-241-01 and 02) consisting of approximately 13.22 acressituated south of Casmalia Avenue and west of Alder Avenue (“Property”). Attached is a mapshowing the subdivision of the site into two parcels (Exhibit A).

The Property consists of two parcels: a 6.00 acre parcel beginning at Alder Avenue and goingwesterly (“Six Acre Parcel”) and a second parcel of 7.22 acres situated west of the Six Acre Parcel(“Seven Acre Parcel”). The Agreement provides the City an option to purchase the entire site (“Site”)or each parcel individually. The purchase price for each parcel is $2,300,000 or $4,600,000 total.

On June 12, 2018, the City Council approved making a second deposit of $115,000 to extend escrowto December 29, 2018.

ANALYSIS/DISCUSSION:Kosmont and staff have marketed the Site to RV and auto dealers. Staff met with RV SPA at leastthree times. They may be interest in acquiring and developing the Six Acre Parcel. Staff anticipatesreceiving an interest letter from RV SPA.

Developing the Site requires:

1. Widening and installing medians on Casmalia Avenue from the Fontana boundary to AlderAvenue (“Casmalia Improvements”); and,

2. Extending the sewer line from Alder Avenue going west on Casmalia Avenue (“SewerImprovement”). The Sewer Improvement length includes sewer connection for Six AcreParcel, the Seven Acre Parcel, and a vacant parcel west of the Seven Acre Parcel in Rialto.

Typically, the City requires a developer to prepare plans and construct the off-site improvements andthe City provides impact fee credits/reimbursements to repay the developer. To entice a user todevelop the Site, staff proposes to retain and pay a consultant to prepare the CasmaliaCity of Rialto Printed on 6/22/2018Page 1 of 2




develop the Site, staff proposes to retain and pay a consultant to prepare the CasmaliaImprovements and Sewer Improvements construction plans. The estimated cost is $200,000.

In addition, the City may want to utilize impact fees to pay the off-site improvements relieving thedeveloper of the responsibility. The estimated Casmalia Improvement cost is $1,500,000 and theSewer Improvements is $200,000, both totaling about $1,700,000. The value of the land willincrease upon completion of improvements and it will heighten development interest.

RECOMMENDATION:Staff recommends that the EDC discuss options for the site and direct staff to prepare RFP for designservices and submit to the City Council for approval to retain a consultant.




EXHIBIT A

County Landfill

city of rialto...2018/06/27 · city of rialto legislation text council chambers 150 s. palm ave....

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