HomeMy WebLinkAbout2001-151
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3 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING A DEVELOPMENT FEE DEFERRAL AGREEMENT
4 WITH THE SAN BERNARDINO REGIONAL WATER RESOURCES AUTHORITY
RESOLUTION NO. 2001-151
5 WHEREAS, the San Bernardino Regional Water Resources Authority (the "Authority") was
6 organized pursuant to a Joint Powers Agreement dated as of August 26, 1998, by and among the City
7 of San Bemardino, California (the "City"), the Inland Valley Development Agency (the "Agency") and
8 the San Bernardino Valley Municipal Water District (the "District") for the purpose of determining and
9 implementing a plan for alleviating the high ground water problems existing in the City, including areas
10 within the territorial boundaries of the District and the Agency; and
II WHEREAS, in order to accomplish its goals and objectives, the Authority will conduct a water
12 resource and storage project known as the San Bernardino Vision 20/20 Project (the "Project"); and
13 WHEREAS, it may be determined at a later date that the initial phase of the Project may be the
14 construction of a reservoir and related improvements in the Phase I A area of the Project, as described
15 in the Final Report for the Project, dated December 13, 1999 ("Phase IA Reservoir"); and
16 WHEREAS, the Authority may submit a land development permit application to the City which
17 may include the Phase 1 A Reservoir and related improvements; and
18 WHEREAS, the City may require the payment of certain review, processing and development
19 fees regarding the Phase 1 A Reservoir and related improvements; and
20 WHEREAS, if the Authority may hereafter submit a land development permit application to the
21 City which may include the Phase 1 A Reservoir and related improvements, the Authority requests that
22 the City defer the obligations of the Authority to pay certain review, processing and development fees
23 that may be required by the City for the Phase IA Reservoir and related improvements; and
24 WHEREAS, if the Authority hereafter submits a land development permit application to the City
25 which may include the Phase 1 A Reservoir and related improvements, the City desires to defer certain
26 review, processing and development fees that may be required by the City for the Phase I A Reservoir
27 and related improvements.
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SB2001:10247.1
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2001-151
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I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A
DEVEWPMENT FEE DEFERRAL AGREEMENT WITH THE SAN BERNARDINO REGIONAL WATER RESOURCES
2 AUTHORITY
3 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
4 BERNARDINO DO HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
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Section 1.
6 reference.
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Section 2.
8 the construction of the Phase 1 A Reservoir and related impfovements and that, if the Authority submits
The Recitals contained hefein are true and correct and incorporated herein by this
The Mayor and Common Council hereby determine that the City will benefit from
9 a completed land development permit application which may include the Phase IA Reservoir and related
10 improvements to the City, it is appropriate for the City to defer the payment to the City by the Authority
II of certain development fees, as set forth in the Development Fee Deferral Agreement attached to this
12 Resolution as Exhibit "A," to the extent that such fees are required by the City and applicable to the
13 Phase IA Reservoir and related improvements.
14 Section 3. The Mayor and Common Council hereby approve the Development Fee Deferral
15 Agreement and the execution thereof, in substantially the form attached hereto as Exhibit" A," with such
16 non-substantive changes thefein as the Mayor and City Attorney may determine to be necessary Of
17 advisable, with the execution of the Agreement by the Mayor being conclusive evidence of such
18 determination.
19 Section 4. City Staff is hereby further authorized and directed to do any and all things and take
20 any and all actions as may be necessary or advisable to effectuate the provisions of the Agreement. A
This Resolution shall become effective immediately upon its adoption.
21 Section 5.
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5B2ool:10247.1
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2001-151
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A
DEVELOPMENT FEE DEFERRAL AGREEMENT WITH THE SAN BERNARDINO REGIONAL WATER RESOURCES
AUTHORITY
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2 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
3 Common Council of the City of San Bernardino at a joint regular
meeting thereof, held on
4 the 4th day of June
5 COUNCIL MEMBERS AYES
6 ESTRADA X
7 LIEN X
8 MC GINNIS X
9 SCHNETZ X
10 SUAREZ X
11 ANDERSON X
12 MC CAMMACK X
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,2001, by the following vote, to wit:
NAYS
ABSENT
ABSTAIN
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Rac G. Clark, City Clerk
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The foregoing Resolution is hereby approved this 'S"", day of
June
, 2001.
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20 Approved as to form
and legal content:
21 JAMES F. PENMAN
22 City Attorney
23 By:
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SB200 I: 10247.1
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Betty Anderson, Mayor Pro Tern
City of San Bernardino
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A
DEYEWPMENT FEE DEFERRAL AGREEMENT WITH THE SAN BERNARDINO l{EGIONAL WATER RESOURCES
AUTHORITY
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2 STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
3 CITY OF SAN BERNARDINO )
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City Clerk of the City of San Bernardino, DO HEREBY
CERTIFY that the foregoing and attached copy of Mayor and Common Council of the City of San
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Bernardino Resolution No.
is a full, true and correct copy of that now on file in this office.
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the Mayor and Common Council ofthe City of San Bernardino this
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day of
City Clerk
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10 Recitals
II WHEREAS, the San Bernardino Regional Water Resources Authority
12 (the "Authority") was organized pursuant to a Joint Powers Agreement
13 dated as of August 26, 1998, by and among the city of San Bernardino,
14 California (the "City"), the Inland Valley Development Agency (the
15 "Agency") and the San Bernardino Valley Municipal Water District (the
16 "District") for the purpose of determining and implementing a plan
17 for alleviating the high ground water problems existing in the City,
18 including areas within the territorial boundaries of the District and
19 the Agency; and
20 WHEREAS, in order to accomplish its goals and objectives, the
21 Authority may conduct a water resource and storage project known as
22 the San Bernardino Vision 20/20 Project (the "Project"); and
23 WHEREAS, it may be determined at a later date that the initial
24 phase of the Project may be the construction of a reservoir and
25 related improvements in the Phase lA area of the Project, as
26 described in the Final Report for the Project, dated December 13,
27 1999 ("Phase lA Reservoir"); and
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DEVELOPMENT FEE DEFERRAL AGREEMENT
This DEVELOPMENT FEE DEFERRAL AGREEMENT (this "Agreement") is
entered into by and between the CITY OF SAN BERNARDINO, a California
Charter City (the "City"), and the SAN BERNARDINO REGIONAL WATER
RESOURCES AUTHORITY, a joint powers authority organized under
Government Code Sections 6500, et seq. (the "Authority"), with
respect to the following facts:
882001:16072.1 -1-
EXHIBIT A
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WHEREAS, the Authority may submit a land development permit
application to the City which may include the Phase lA Reservoir and
related improvements; and
WHEREAS, the City may require the payment of certain review,
processing and development fees regarding the Phase lA Reservoir and
related improvements; and
WHEREAS, if the Authority may hereafter submit a land
development permit application to the City which may include the
Phase lA Reservoir and related improvements, the Authority requests
that the City defer the obligations of the Authority to pay certain
review, processing and development fees that may be required by the
City for the Phase lA Reservoir and related improvements; and
WHEREAS, if the Authority hereafter submits a land development
permi t application to the City which may include the Phase lA
Reservoir and related improvements, the City desires to defer certain
review, processing and development fees that may be required by the
City for the Phase lA Reservoir and related improvements.
NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE MUTUAL
PROMISES CONTAINED HEREIN, THE CITY AND THE AUTHORITY, FOR
THEMSELVES, THEIR SUCCESSORS AND ASSIGNS, AGREE:
1. Incorporation of Recitals. The Recitals set forth above are
incorporated into this Agreement, by this reference, as though
fully set forth herein.
SB2001:16072.1
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Exemption from Certain City Building Ordinances and Zoning
Ordinances. Government Code Section 53090, et seq., exempts
certain facilities to be constructed and owned by a local agency
for the purposes of water production, generation, storage or
transmission of water from local building ordinances (as defined
in Government Code Section 53090(b)) and zoning ordinances as
set forth in Government Code Section 53091. The City recognizes
that the construction of the Phase lA Reservoir and related
improvements by either the Authority or the District is exempt
from the following fee categories and specific fees, as
previously adopted by the City:
a. Storm Drain Fees
b. Parks & Recreation Fees (would not be applicable; such fees
only apply to Residential development)
c. Cultural Development Construction Fee
d. Traffic System Fee (not applicable due to nature of
proj ect)
e. Development Services Zoning Verification Fee
f. Earthquake Strong Motion Fee
g. Landscaping plan review for on-site reservoir
h. Landscaping
i. Demolition Fees for all buildings
j. Any other City fee that results from a Building Ordinance
as defined in Government Code Section 53090(b)
Deferral of Development Fees. If the Authority submits a
completed land development permit application which may include
the Phase IA Reservoir and related improvements to the City, the
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Ci ty hereby agrees to defer the payment to the City by the
Authority of those certain review, processing and development
fees set forth in this section (the ~Deferred Fees"), to the
extent that such fees are required by the city and applicable to
the Phase IA Reservoir and related improvements, up to an
aggregate maximum amount of $150,000.00, until such time as the
Authori ty has funds legally available for payment of the
Deferred Fees, as determined in the sole discretion of the
Authority.
a. Relocation permits for moving of housing units and other
building structures
b. Subdi vision Map Act fees for reversion to acreage of
acquired lots
c. Sewer Capacity Fees for reservoir area only; the District
and the Authority can apply sewer capacity from acquired
homes and other buildings towards any requirements brought
about by reservoir development; fees for additional sewer
capacity, if any, will be deferred
d. Sewer Connection Fees for reservoir area only; the District
and the Authority can apply sewer connections from acquired
homes and other buildings towards any requirements brought
about by reservoir development; fees for additional sewer
connections, if any, will be deferred
e. Review of plans and calculations for Inundation Study for
dam outlet
SB2001:160n.1
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Any water resources project undertaken by the Authority in
connection with the Phase IA area of the Project for which the
Authority is the project proponent shall also be entitled to the
deferral of payment of the Deferred Fees as provided in this
Agreement. Any benefits or entitlements accruing to the
Authori ty under this Agreement shall not be assigned to any
pri vate property or other public agency without the prior
express written consent of the City.
The Authority agrees to pay all City fees which are deferred
pursuant to this Agreement for the benefit of the Authority at
such time as the Authority has available for its governmental
purposes revenues from the Project, grant funds or the proceeds
of any issuance of municipal bonds the proceeds of which may
legally be used, as determined by the Authority in its sole
discretion, to repay to the City the deferred amounts of the
Deferred Fees, plus interest thereon. The total amount of the
Deferred Fees from and after the date that each Deferred Fee is
actually deferred in writing by the City Administrator or the
City shall bear interest at an interest rate equal to six
percent (6%) per annum until paid in whole in a single repayment
or from time to time as funds of the Authority are legally
available for such purposes, as determined by the Authority, in
its sole discretion.
Fees to be Paid by Authority. The Authority shall be
responsible for the timely payment of all fees imposed by the
City pursuant to all Building Ordinances and Zoning Ordinances
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for those house or other building structures that are relocated
by the Authority or the District for construction of the Phase
IA Reservoir and related improvements and are intended to be
sold to private parties; provided, however, that the fees for
the relocation of the houses and other building structures shall
be considered to be a Deferred Fee as provided in Section 3
above.
Payment of Infrastructure Impact Costs. The parties recognize
that certain costs of the Phase IA Reservoir and related
improvements are impact costs which must be paid by the
Authority and/or the District in connection with the undertaking
of such reservoir project. The following set forth items are
deemed to be impact costs associated with such reservoir
project; provided, however, that items a through c shall be
deferred in the same manner as the Deferred Fees in Section 3
herein:
a. review of all utility relocation plans (costs to be
determined on a time and materials); costs of the impact
mitigation to be considered as a Deferred Fee under Section
3 herein;
b. inspection of street cuts, storm drain, sewer and water
infrastructure (costs to be determined on a time and
materials); costs of the impact mitigation to be considered
a Deferred Fee under Section 3 herein;
c. street vacation title search and review of source documents
for intended streets to be vacated (costs to be determined
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on a time and materials); costs of the impact mitigation to
be considered as a Deferred Fee under Section 3 herein;
d. actual relocation of non-City utilities (actual
construction costs); costs to be paid on a current basis by
the Authority or the District;
e. actual relocation of City water and sewer utilities (actual
construction costs); costs to be paid on a current basis by
the Authority or the District;
f. physical work for the closure of streets, street
reconstruction and realignment; relocation and installation
of street lights, signal light and signage (actual
construction costs); costs to be paid on a current basis by
the Authority or the District.
Execution in Counterparts. This Agreement may be executed by
the parties hereto in duplicate originals, each of which shall
be considered an original, but all of which together shall
constitute one and the same instrument.
Neutral Interpretation. The agreements contained herein shall
not be construed in favor of or against any party, but shall be
construed as if all parties prepared this Agreement.
Choice of Law and Venue. This Agreement is governed by and
construed under the laws of the State of California. This
Agreement is made and entered into in San Bernardino County,
California. Any legal actions arising from or under the terms
and provisions of this Agreement must be brought in the Superior
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Court of the state of California in and for the County of San
Bernardino.
Entitlement to Attorney Fees. If any action is instituted by
any party to this Agreement against any other party to this
Agreement in connection with this Agreement, the party or
parties prevailing in such action are entitled to recover from
the losing party or parties all of its costs and expenses,
including reasonable attorney's fees and costs. The phrase
ftreasonable attorney fees" includes, without limitation, the
salaries, benefits and overhead of the attorneys employed by the
Office of the City Attorney for the City of San Bernardino.
Gender and Number. In this Agreement, unless the context
clearly requires otherwise, the masculine, feminine and neuter
genders and the singular and the plural shall include one
another.
Integration. This Agreement constitutes the entire agreement
between the City and the Authority as to the subject matter
covered herein. This Agreement supersedes all prior
negotiation, discussions and previous agreements between the
parties concerning the subject matters covered in this
Agreement. The parties intend this Agreement to be the final
expression of their agreement with respect to the subj ects
covered herein and a complete and exclusive statement of such
terms.
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Modification or Amendment. No modification, waiver, amendment,
discharge, change or alteration of this Agreement is valid,
unless in writing and signed by each of the parties hereto.
Severability. Every provision of this Agreement is intended to
be severable. If any provision of this Agreement or the
application of any provision of this Agreement to any party or
circumstance is declared to be illegal, invalid or unenforceable
for any reason by a court of competent jurisdiction, such
invalidi ty shall not affect the other terms and provisions
hereof or the application of the provision in question to any
other party or circumstance, all of which shall continue in full
force and effect.
Binding Effect of Agreement on city and Agency. This Agreement
is not binding on the city or the Authority, until approved by
both the City and the Authority, approved as to form by legal
counsel for both the City and the Authority and executed by the
authorized representatives of both the City and the Authority.
Time of the Essence. Time is of the essence in the performance
of each provision of this Agreement.
Assignment. This Agreement is not assignable by the Authority
without the prior written consent of the City.
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This Agreement Is Not an Approval of the Project. This
Agreement is not an approval by the city of the Project or any
land development permit application submitted or to be submitted
to the City by the Authority which may include the Phase lA
Reservoir and related improvements. Except as may be limited by
applicable state law, the City expressly reserves all of its
rights and powers to withhold or condition its approval of the
Phase lA Reservoir and related improvements, upon the submission
by the Authority of a complete and satisfactory land development
permit application that includes the Phase lA Reservoir and
related improvements, including all necessary fees not deferred
by this Agreement.
This Agreement shall not be deemed to be approval by the City of
the Project or the Phase lA Reservoir and related improvements
for purposes of Section 1 of the Joint Powers Agreement among
the City, the Agency and the District as referred to in the
Recitals hereof. The City reserves all rights and remedies
available to the City, including but not limited to, the right
to not approve the final financial plan, if and when such is
ever presented to the City for final approval.
8B2001:16072.1
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1 THIS DEVELOPMENT FEE DEFERRAL AGREEMENT is executed on behalf of
2 the parties on the dates jndicated next to the signatures of their
3 authorized representatives, as follow:
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AUTHORITY
San Bernardino Regional Water
Resources Authority, a joint
powers authority
By:
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Judith Valles,
President
ATTEST:
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APPROVED AS TO FORM:
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Authority Counsel
CITY
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City of San Bernardino,
a Charter City
Dated:
By:
Judith Valles,
Mayor
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ATTEST:
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City Clerk
Approved As To Form and
25 legal content:
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27 City Attorney
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