HomeMy WebLinkAbout1991-031
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RESOLUTION NO. 91-31
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH THE
COUNTY OF SAN BERNARDINO RELATING TO THE PROPOSED SAN
BERNARDINO COUNTY PARK AND OPEN SPACE DISTRICT.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the city of San Bernardino
is hereby authorized and directed to execute on behalf of
said City a Memorandum of Understanding with the County of
San Bernardino relating to the proposed San Bernardino
County Park and Open Space District a copy of which is
attached hereto, marked Exhibit "A" and incorporated here-
in by reference as fully as though set forth at length.
SECTION 2. The
authorization granted hereunder
shall expire and be void
and of no further effect if the
agreement is not executed
by both parties and returned to
the office of the City Clerk within 60 days following
effective date of the resolution.
I HEREBY CERTIFY that the foregoing resolution was
duly adopted by the Mayor and Common Council of the City
adjourned "
of San Bernardino at an requ1ar meeting thereof, held
on the 23rd day of January
ing vote, to wit:
, 1991, by the follow-
12/14/90
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1 RESOLUTION OF THE CITY OF SAN BERNARDINO
EXECUTION OF A MEMORANDUM OF UNDERSTANDING
2 OF SAN BERNARIDNO RELATING TO THE PROPOSED
COUNTY PARK AND OPEN SPACE DISTRICT.
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AUTHORIZING THE
WITH THE COUNTY
SAN BERNARDINO
COUNCIL MEMBERS
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
-----X.
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(RES011/28/90)
The foregoing resolution is hereby approved this
25th day of January
./.. .// ?
/
pproved as to form
nd legal content:
ames F. Penman
ity Attorney
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MEMORANDUM OF UNDERSTANDING
RELATING TO THE PROPOSED
SAN BERNARDINO COUNTY
PARK AND OPEN SPACE DISTRICT
This Memorandum of Understanding (hereinafter referred to
as "MOU") is entered into on the date signed below by and
between
Bernardino County
Regional Parks
the
San
Department
the City
(hereinafter referred to as "Department") and
of San Bernardino,
Parks, Recreation and
8 Community Services Department. (hereinafter referred to as
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"Participant").
RECITALS
WHEREAS, section 5506.8 of the California Public Re
source Code, as added by Chapter 1017 of the Statues of
1990, effective January 1, 1991, authorizes the formation
of a Park and Open Space District in San Bernardino
County; and
18 WHEREAS, such proposed Park and Open Space District
19 would be formed for the general purpose of acquiring,
20 preserving, protecting, operating and maintaining open
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space,
parks,
recreation
and
habitat
facil i ties
conservation areas, as
well as hiking, bicycle and
equestrian trails; and
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WHEREAS, the parties hereto expect that the Board of
Supervisors of the County of San Bernardino, as authorized
in Public Resources Code section 5506.8, will initiate
proceedings to establish a San Bernardino County Park and
Open Space District (hereinafter referred to as
"District") and call an election to determine whether the
proposed District should be established and whether a
special benefit assessment should be levied on real
property within the proposed District; and
WHEREAS, pursuant to Public Resources Code section
5506.8, it is also expected that Participant will, by
resolution of its governing body, request to be included
within the proposed District for open space purposes; and
WHEREAS, the Department is
organization of the District; and
administering
the
WHEREAS, Participant and Department wish to set forth
in this MOU their intent and understanding of the desired
relationship between the District and Participant in the
event the District is formed, while recognizing that the
District cannot enter into or be bound by agreements
entered into prior to its establishment.
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NOW THEREFORE, the parties hereto agree as follows:
1. Revenue generated within the Participant's boundaries
shall be divided 50% to the Participant and 50% to the
District. Such amounts shall be determined after
deducting the costs identified in paragraph 9.
Participant's share is intended for use under the sole
control of Participant for park and open space
purposes as defined in Division 5, Chapter 3, Article
3 of the Public Resources Code and in accordance with
the terms of this MOU.
2. The District's share of revenues generated in the
Participant's Zone shall be expended within that
zone. A zone is a geographic subdivision of the
district established for administrative purposes. It
is anticipated that the District's zones shall
substantially correspond to the planning districts
identified in the San Bernardino County Regional Parks
Department Strategic Master Plan, dated October 31,
1988.
3. During the first five years following the
establishment of the District, no more than 50% of the
Participant's share, and no more than 50% of
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District's share, may be used for operations and
maintenance of projects authorized and funded after
the date of establishment of the District. A project
is defined as land acquisition, capital improvement,
rehabilitation, program(s) for park and open space
purposes, and includes planning, such as master plans,
for such projects. Operations and maintenance costs
include salaries, benefits, materials, services,
supplies, equipment, and administrative overhead
associated with the daily operation of the project.
At no time may revenues derived from the benefit
assessment be used for operation and maintenance for
projects authorized and funded prior to the estab-
lishment of the District.
4. Both the Participant and the District shall make a
good faith effort to maintain the existing level of
funding for parks, trails, recreation and open space
purposes.
5. It is the intent of both the Participant and the Dis
trict that in the event of annexation of unincor-
porated territory within the District by the
Participant, the same share of revenue from the
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annexed area committed to the funding of District
projects prior to annexation shall continue to be
committed to those projects until indebtedness
incurred by the District for said projects is
retired. When this indebtedness is retired, the
apportionment formula then in effect with the partici
pant shall be in effect in the annexed area. It is
further the intent of both the Participant and the
District that should the Participant annex territory
that encompasses a park, trail or open space
improvement planned by the district, assessment funds
accumulated for the planned improvement will be
transferred to the Participant if the District elects
not to proceed with the project. The aforesaid not-
withstanding, final determination regarding the status
and apportionment of revenues generated within the
annexed area shall be determined by the Local Agency
Formation Commission (LAFCO) in conjunction with its
approval of the proposed annexation. LAFCO's
determination shall be binding on both the District
and the Participant.
6. Both the District and the Participant shall be bound,
upon detachment from the District by the Participant,
by the final determination of LAFCO regarding the
amount of revenue to continue to be committed to debt
retirement by the Participant for debts incurred by
the District.
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7. The District shall prepare or cause to be prepared an
annual audit of revenues and expenditures by the Dis
trict and deliver a copy to the Participant. The
Participant shall conduct an equivalent annual audit
regarding its expenditure of revenues derived from the
District and deliver a copy to the District. Each
entity shall bear the cost for preparation and distri-
bution of its audit from its share of the District
revenues.
8. The District and the Participant shall each prepare a
multi-year Capital Improvement Plan (CIP) for the
acquisition and development of parks, recreational
facilities, trails and open space areas within two
years of establishment of the District and shall
periodically revise and update said plan. The CIP
will include project titles, brief project
descriptions and project cost estimates.
9. The Participant's share of the revenues collected
within its boundaries shall be disbursed to the
Participant within thirty (30) days after the revenues
are disbursed to the District by the
AuditorjController-Recorder's Office (AjC-RO). The
AC-RO's costs associated with the collection and
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disbursement of revenues, including the necessary
updating of information regarding the number and
status of parcels within the District, shall be
deducted from all revenues prior to division of the
revenues between the Participant and the District.
The amount deducted for the District's administrative
costs associated with collection and disbursement of
revenues (but not including the A/e-RO's costs) shall
be limited to a maximum of one and one-half percent
(1.5%) of the total revenue generated by the benefit
assessment.
10. No obligation or other indebtedness shall be incurred
by the District for any project within the
Participant's boundaries until the substance of this
MOU is approved and executed by the Participant and
the District.
11. It is the intent of the parties to this MOD that its
substance shall be submitted to the Governing Board of
the District, once established, for approval in the
form of a binding agreement between the nistrict and
the Participant. The parties recognize that the
substance of this MOD is not binding unless and until
such an agreement is approved and executed by the
Participant and the District.
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REE>.O:
AutHORIZING EXECUTION OF AN MOU WITH COUNTY OF _
SAN BERNARDINO RELATING TO PROPOSED COUNTY PARK ANO
OPEN SPACE DISTRICT
SAN BERNARDINO COUNTY
REGIONAL PARKS DEPARTMENT
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Diriktor '
Approved as to form
and legal content:
James F. Penman
city Attorney
By:
/~-:7
(MEMOOFUNDERSTDG)
CITY OF SAN BERNARD }.J
PARTICIPANT //
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I
W.R. Hol
City of
1-29-91
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Attest:
L{'-du:-L. k'<".L ,~,-"!-
City Clerk v
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