Loading...
HomeMy WebLinkAbout25-Parks & RecreationORIGINAL CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION From: Lemuel P. Randolph, Director Dept: Parks, Recreation & Community Services Dept. Date: November 3, 2005 SUbJeCt: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CANCELING THAT AGREEMENT APPROVED MARCH 18, 1996 BETWEEN THE CITY OF SAN BERNARDINO AND THE BLAST SOCCER CLUB FOR USE OF SOCCER FIELDS AT AL GUHIN PARK AND AUTHORIZING THE MAYOR OR HER DESIGNEE TO EXECUTE A NEW AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE BLAST SOCCER CLUB FOR A TEN YEAR TERM. M/CC Meeting Date: Nov. 7, 2005 Synopsis of Previous Council Action: March 18, 1996 -Resolution No. 96-67 was approved authorizing the Director of Parks, Recreation and Community Services Department to issue a permit to the Blast Soccer Club for the Construction of and use of soccer fields at Al Guhin Park. Recommended Motion: Adopt Resolution. ' ~/ Signature Contact person: Lemuel Randolph Phone: 5030 Supporting data attached: ves Ward: 5 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) ~A~~t Description,l Finance: Council Notes: ~~. ,;~ acs" ~73~ Agenda Item No. ~' i/~ljc>> CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION Staff Report Subject: Resolution of the Mayor and Common Council of the City of San Bernardino canceling that Agreement approved March 18, 1996 between the City of San Bernardino and the Blast Soccer Club for use of soccer fields at Al Guhin Park and authorizing the Mayor or her designee to execute a new Agreement between the City of San Bernardino and the Blast Soccer Club for a ten year term. Background: On March 18, 1996, the City issued a permit to the Blast Soccer Club for the construction and use of 14 acres of park property within Al Guhin Park as a premier soccer facility. This original agreement included the construction of four (4) soccer fields and shared maintenance responsibilities. In recent years this agreement has become problematic because the maintenance responsibilities were not clearly delineated and the City was not able to guarantee use of the facility for City soccer events. A new agreement is proposed to clarify the roles of Blast Soccer Club and the City with respect to the soccer facility. The agreement terms were negotiated over the last several months and ensure awin -win situation whereby the City gets guaranteed use of this facility for the growing demand for soccer venues and the Blast receives credit for their maintenance cost through the provision of an annual water use allotment. This allotment has an actual value of approximately $11,000 at the City's rate of $.28 per hcf, however their will be no direct cost to the city as this water use will be absorbed in the aggregate water allotment the City receives from the Water Department annually. Because there are substantial advantages to the new Agreement, the Blast Soccer Club has agreed to cancel the Agreement approved on March 18, 1996. The following terms highlight this new agreement vs the original 1996 agreement: Proposed Agreement Original Agreement City reserves priority use of the facility for sixteen (16) City use is subject to Blast absolute preference. weekends and access to eight (8) additional weekends annually for City events City shall have right to receive revenue from these City has no right to revenue not granted to Blast. twenty-four (24) weekends through facility use fees, sponsorships and other revenue not granted to the Blast Soccer Club. Terms of agreement will transfer to any other City site No transferability clause. that ma become Blast's rima ractice/ ame facilit . City will grant Blast an annual water use allotment of Blast paid all utilities except water until 2002. In 2002 38,000 hcf. Blast will pay City for any water use that Blast began paying water cost as well. exceeds that threshold. Blast will be responsible for all maintenance at the City is responsible for mowing and irrigation. facility including irrigation, fertilization, weed control, pest control, trash and garbage collection, sewer, electrical ower, as, water, securit , mowin etc. Blast will be responsible for ensuring minimum restroom Specific minimum cleanliness standards are not defined. maintenance standards after all events at the facilit . The agreement term is 10 years with an option for Current agreement term is 10 years from March 15, renewal at City discretion. 1996 through March 14, 2006 with a 10 year City renewal o tion. Blast is required to cure any past due charges for water N/A utilities rior to execution of this a reement Financial Impact: None Recommendation: Adopt Resolution. 1 © D RESOLUTION NO. p 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 3 OF SAN BERNARDINO AUTHORIZING EXECUTION OF SUPPLEMENTAL 4 SETTLEMENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO RELATING TO CRIMINAL JUSTICE 5 ADMINISTRATIVE FEES. 6 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 8 CITY OF SAN BERNARDINO AS FOLLOWS: g SECTION 1. That the Mayor of the City of San Bernardino is hereby authorized to 10 execute a Supplemental Settlement Agreement relating to Criminal Justice Administrative Fees 11 with the County of San Bernardino which freezes the booking fee at $79.86 for each qualifying 12 booking from July 1, 2005 through June 30, 2008, a copy of which is attached hereto marked 13 Exhibit "A" and incorporated herein by reference as fully as though set forth at length. 14 15 SECTION 2. The term of this Agreement is from July 1, 200 through June 30, 2008: 16 therefore, any action taken between July 1, 200, and the date that this Agreement is executed 17 is hereby ratified. 18 SECTION 3. The authorization granted hereunder shall expire and be void and of no 19 further effect if the agreement is not executed by both parties and returned to the office of City 20 Clerk within one hundred twenty (120) days following effective date of the resolution. 21 /// _ 22 ~ /// 24 /// 25 /// 26 /// 27 /// 28 ~n . IO ~> /~/~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14. 15 16 17 18 19 21 22 23 24 25 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARU[NO AUTHORIZING EXECUTION OF SUPPLEMENTAL SETTLE;-TENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO RELATING TO CRIMINAL JUSTICE ADMINISTRATIVE FEES. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Canmon Council of the City of San Bernardino at a meeting thereof, held on the day of , 2005, by the following vote, to wit: Councill\~Iembers: AYES NAYS ABSTAIN ABSENT ESTRAD.1 LONGVILLE MCGINNIS DERRY KELLEY' JOHNSON MCCAMMACK Rachel G. Clark, City Clerk 200. The foregoing resolution is hereby approved this day of , Judith Valles, Mayor City of San Bernardino Approved as to Form and legal content: JAMES F. PENMAN. City Attorney 28I I B. Exhibit "A" SUPPLEMENTAL SETTLEMENT AGREEMENT RELATING 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DST 264021 Booking Fees TO CRIMINAL JUSTICE ADMINISTRATIVE FEES This Supplemental Settlement Agreement (hereinafter referred to as "Agreement") is entered into between the COUNTY OF SAN BERNARDINO, for itself, its employees, servants, representatives, officers, officials, agents and departments (hereinafter referred to as "COUNTY") and the CITY OF ADELANTO, TOWN OF ~ APPLE VALLEY, CITY OF BARSTOW, CITY OF BIG BEAR LAKE, CITY OF CHINO, ~ CITY OF CHINO HILLS, CITY OF COLTON, CITY OF FONTANA, CITY OF GRAND TERRACE, CITY OF HESPERIA, CITY OF HIGHLAND, CITY OF LOMA LINDA, CITY OF MONTCLAIR, CITY OF NEEDLES, CITY OF ONTARIO, CITY OF RANCHO CUCAMONGA, CITY OF REDLANDS, CITY OF RIALTO, CITY OF SAN BERNARDINO, CITY OF TWENTYNINE PALMS, CITY OF UPLAND, CITY OF VICTORVILLE, CITY OF YUCAIPA, and the TOWN OF YUCCA VALLEY (hereinafter referred to as "CITIES AND TOWNS"). COUNTY and CITIES AND TOWNS are collectively referred to herein as the "Parties". The Parties agree as follows: All CITIES AND TOWNS other than the CITY OF NEEDLES have previously ~ entered into "the Settlement Agreement" with COUNTY concerning payment of booking and processing fees (criminal justice administrative fees pursuant to California Government Code section 29550, hereinafter referred to as "booking fees"), that was incorporated as part of the judgment entered by the Sacramento County Superior Court in City of Adelanto, et al., v. County of San Bernardino, Judicial Council Coordination Proceeding-No. 2584. The CITY OF NEEDLES and COUNTY have previously entered into "the separate Settlement Agreement" concerning payment of booking fees . References to "Settlement Agreements" in this Agreement shall mean the agreements identified in the preceding two sentences. These Settlement Agreements provided for the COUNTY to charge actual costs for booking fees after February 10, 2001. Thereafter, almost all of the parties comprising the CITIES AND TOWNS entered into a supplemental settlement agreement with COUNTY for booking fees to be paid at the fla Settlement Agreement Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DST 264021 Booking Fees rate of $159.72 for each booking and other processing (hereinafter referred to as "booking"), so long as CITIES AND TOWNS agreed to apply all realized savings to ~ expenditures for public safety, as referred to in California Government Code section ~ 29950 and defined in the "ORDER" identified in the Settlement Agreements, performed by the COUNTY in connection with arrests made within the jurisdictional boundaries of CITIES AND TOWNS after February 10, 2001. This rate was to remain in effect unless COUNTY's actual costs incurred for booking, as referred to in California Government Code section 29550, and as defined by "the ORDER" identified in the Settlement Agreements, increased by twenty-five percent (25%) or more over the COUNTY's actual costs as of February 10, 2001, or in the event that the State of California's reimbursement for booking fees incurred by the CITIES AND TOWNS within the County of San Bernardino was reduced by twenty-five (25%) or more, in which alternative event a new booking fee was to be negotiated by COUNTY and CITIES AND TOWNS. In November of 2004 Senate Bill 1102 was enacted into law. This legislation ~ amended California Government Code section 29550 to reduce the amount of booking fees that can be collected by counties beginning in Fiscal Year (FY) 2005-06 to fees no greater than one-half of actual administrative costs, including overhead costs permitted according to federal Circular A87 standards, and in no event greater than the fee charged by a county to cities on January 1, 2004. Effective FY 2005-06, this legislation also repealed all state reimbursement to cities for payments to counties for booking fees. Based on the above legislative changes, in March of 2005 the COUNTY performed an updated cost study employing the same methodology that was used wher earlier agreements between CITIES AND TOWNS and COUNTY were executed, and taking into account increased salary and benefit costs, and a dramatic rise in the number of bookings compared with previous years. Based on the results of this study, COUNTY calculated that current costs per booking were $192.92, which would have allowed COUNTY to impose a new fee for each booking in the amount of $96.46, which Settlement Agreement Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 '~ I 15 '' 16 17 18 19 20 21 22 23 24 25 26 27 28 DST 264021 Booking Fees Su{ represents one-half of the County's newly calculated cost per booking. But, instead of imposing such a permissible fee, representatives of CITIES AND !i TOWNS and COUNTY met informally and agreed upon a booking fee to be charged by COUNTY to CITIES AND TOWNS at the rate of $79.86 per booking for a period of three years. This fee was enacted by the COUNTY Board of Supervisors on May 17, 2005 to take effect on July 1, 2005, at which time the Board of Supervisors also directed the County Administrative Officer and County Counsel to prepare agreements with CITIES AND TOWNS for later approval, and to continue meeting with city managers or other representatives of CITIES AND TOWNS to define a methodology for calculation of booking fees, and to establish a process to adjust the fees after expiration of the three- year period in which the fees are to be imposed at the rate of $79.86 per booking. CITIES AND TOWNS and COUNTY agree that the booking fee to be charged by COUNTY to CITIES AND TOWNS shall be at the rate of $79.86 per booking for a period of three years beginning July 1, 2005 and ending on June 30, 2008. CITIES AND TOWNS and COUNTY also agree that they shall meet with each other from time to time to negotiate and recommend to the Parties by July 1, 2006 a defined methodology for calculation of booking fees, and a process to adjust future booking fees once the present enacted fee expires on June 30, 2008. On or before December 1, 2005, COUNTY agrees to provide to CITIES AND TOWNS a detailed written explanation of COUNTY's methodology and astep-by-step explanation of the process used for calculating booking fees for CITIES AND TOWNS. Within sixty (60) days of receipt of COUNTY's methodology and process used to calculate booking fees, any one or more of CITIES AND TOWNS shall provide to all other Parties a detailed written explanation of any alternative methodology and/or process proposed by any one or more of CITIES AND TOWNS. Following these exchanges of information, CITIES AND TOWNS and COUNTY ~ shall meet on or before July 1, 2006 for the purposes of negotiating and recommending to the Parties a methodology to calculate booking fees, and a process Settlement Agreement Page 3 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DST 264021 Booking Fees adjust the fees after expiration of the three-year period in which fees are to be imposed at the rate of $79.86 per booking. Any such recommendations shall be included in a proposed amendment to this Agreement and transmitted to each of the Parties for their approval. If, thereafter, COUNTY and CITIES AND TOWNS mutually agree upon a definec methodology for calculation of booking fees, as well as a fee adjustment process and implementation, the agreed upon methodology and process shall be implemented withii thirty (30) days of the date of the executed amendment to this agreement or other agreement as the Parties deem appropriate. If, instead, no agreement is reached by COUNTY and CITIES AND TOWNS on either the methodology to be used to calculate booking fees, or on a process to adjust booking fees in the future, or on both methodology and process, on or before January 1 2008, an impasse shall be declared (unless COUNTY and CITIES AND TOWNS agree on a further extension of time to attempt to reach agreement on these issues). In such an event, after expiration of the three-year period in which fees are to be imposed at the rate of $79.86 per booking, COUNTY may then employ a methodology for calculation of booking fees and a process to adjust fees in the future as are allowable by law, which methodology and process any one or more of CITIES AND TOWNS shall be free to challenge in the Superior Court of the State of California if they so desire. If that occurs, the final decision of the highest reviewing court shall thereafter be binding on the Parties concerning methodology for calculation of booking fees and the process to adjust such fees until such time as the law changes with respect thereto. All provisions contained in judgments entered in City of Adelanto, et al. v. County of San Bernardino, Judicial Council Coordination Proceeding No. 2584, and the original Settlement Agreements and supplemental settlement agreements between the Parties relating to booking fees that are not in direct conflict with the terms of this supplemental settlement agreement shall remain in full force and effect. IN WITNESS WHEREOF, the Parties are freely and voluntarily entering into and Settlement Agreement Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DST 264021 Booking Fees signing this Agreement on the respective dates indicated below. Approved as to form: Dated: , 2005 RONALD D. REITZ COUNTY COUNSEL By: DENNIS TILTON Deputy County Counsel Attorneys for COUNTY OF SAN BERNARDINO Dated: , 2005 RICHARDS WATSON GERSHON By: MARGUERITE P. BATTERSBY Dated: , 2005 COUNTY OF SAN BERNARDINO By: BILL POSTMUS Chairman, Board of Supervisors Dated: , 2005 CITY OF ADELANTO By: Mayor ATTEST: CITY OF ADELANTO - City Clerk APPROVED AS TO FORM: City Attorney [mayors or city managers of all other cities and towns signing in counterpart Page 5 Settlement Agreement 1 2 3 4 5 6 7 8 9 10 I i 11 ~'~ 12 ~ 13 ~I 14 ', 15 16' 17 18 i 19' 20 ~ 21 22 ~ 23 24 25 26 27 28 i Dated: ATTEST: 2005 CITY OF SAN BERNARDINO By: Judith Valles, Mayor CITY OF SAN BERNARDINO Rachel G. Clark, City Clerk APPROVED AS TO FORM AND LEGAL CONTENT: James F. Penman, City Attorney Page 23 DST 264021 Booking Fees Su .Settlement Agreement 2 w sig pg SUPPLEMENTAL SETTLEMENT AGREEMENT RELATING 2 3 4 5 6 7 8 9, 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DST 264021 Booking Fees S TO CRIMINAL JUSTICE ADMINISTRATIVE FEES This Supplemental Settlement Agreement (hereinafter referred to as "Agreement") is entered into between the COUNTY OF SAN BERNARDINO, for itself, ~ its employees, servants, representatives, officers, officials, agents and departments (hereinafter referred to as "COUNTY") and the CITY OF ADELANTO, TOWN OF ~ APPLE VALLEY, CITY OF BARSTOW, CITY OF BIG BEAR LAKE, CITY OF CHINO, ~ CITY OF CHINO HILLS, CITY OF COLTON, CITY OF FONTANA, CITY OF GRAND TERRACE, CITY OF HESPERIA, CITY OF HIGHLAND, CITY OF LOMA LINDA, CITY OF MONTCLAIR, CITY OF NEEDLES, CITY OF ONTARIO, CITY OF RANCHO CUCAMONGA, CITY OF REDLANDS, CITY OF RIALTO, CITY OF SAN BERNARDINO, CITY OF TWENTYNINE PALMS, CITY OF UPLAND, CITY OF VICTORVILLE, CITY OF YUCAIPA, and the TOWN OF YUCCA VALLEY (hereinafter referred to as "CITIES AND TOWNS"). COUNTY and CITIES AND TOWNS are collectively referred to herein as the "Parties". The Parties agree as follows: All CITIES AND TOWNS other than the CITY OF NEEDLES have previously ~ entered into "the Settlement Agreement" with COUNTY concerning payment of booking and processing fees (criminal justice administrative fees pursuant to California Government Code section 29550, hereinafter referred to as "booking fees"), that was incorporated as part of the judgment entered by the Sacramento County Superior Court in City of Adelanto, et al., v. County of San Bernardino, Judicial Council Coordination Proceeding No. 2584. The CITY OF NEEDLES and COUNTY have previously entered ~ into "the separate Settlement Agreement" concerning payment of booking fees . References to "Settlement Agreements" in this Agreement shall mean the agreements identified in the preceding two sentences. These Settlement Agreements provided for the COUNTY to charge actual costs for booking fees after February 10, 2001. Thereafter, almost all of the parties comprising the CITIES AND TOWNS entered into a supplemental settlement agreement with COUNTY for booking fees to be paid at the fla Settlement Agreement Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 - 22 23 24 25 26 27 28 DST 264021 Booking Fees rate of $159.72 for each booking and other processing (hereinafter referred to as "booking"), so long as CITIES AND TOWNS agreed to apply all realized savings to expenditures for public safety, as referred to in California Government Code section 29950 and defined in the "ORDER" identified in the Settlement Agreements, performed by the COUNTY in connection with arrests made within the jurisdictional boundaries of CITIES AND TOWNS after February 10, 2001. This rate was to remain in effect unless COUNTY's actual costs incurred for booking, as referred to in California Government Code section 29550, and as defined by "the ORDER" identified in the Settlement Agreements, increased by twenty-five percent (25%) or more over the COUNTY's actual costs as of February 10, 2001, or in the event that the State of California's reimbursement for booking fees incurred by the CITIES AND TOWNS within the County of San Bernardino was reduced by twenty-five (25%) or more, in which alternative event a hew booking fee was to be negotiated by COUNTY and CITIES AND TOWNS. In November of 2004 Senate Bill 1102 was enacted into law. This legislation amended California Government Code section 29550 to reduce the amount of booking fees that can be collected by counties beginning in Fiscal Year (FY) 2005-06 to fees no greater than one-half of actual administrative costs, including overhead costs permitted according to federal Circular A87 standards, and in no event greater than the fee charged by a county to cities on January 1, 2004. Effective FY 2005-06, this legislation also repealed all state reimbursement to cities for payments to counties for booking fees. Based on the above legislative changes, in March of 2005 the COUNTY performed an updated cost study employing the same methodology that was used whe earlier agreements between CITIES AND TOWNS and COUNTY were executed, and taking into account increased salary and benefit costs, and a dramatic rise in the number of bookings compared with previous years. Based on the results of this study, COUNTY calculated that current costs per booking were $192.92, which would have allowed COUNTY to impose a new fee for each booking in the amount of $96.46, which Settlement Agreement Page 2 represents one-half of the County's newly calculated cost per booking. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DST 264021 Booking Fees But, instead of imposing such a permissible fee, representatives of CITIES AND ~ TOWNS and COUNTY met informally and agreed upon a booking fee to be charged by COUNTY to CITIES AND TOWNS at the rate of $79.86 per booking for a period of threE years. This fee was enacted by the COUNTY Board of Supervisors on May 17, 2005 to take effect on July 1, 2005, at which time the Board of Supervisors also directed the County Administrative Officer and County Counsel to prepare agreements with CITIES AND TOWNS for later approval, and to continue meeting with city managers or other representatives of CITIES AND TOWNS to define a methodology for calculation of booking fees, and to establish a process to adjust the fees after expiration of the three- year period in which the fees are to be imposed at the rate of $79.86 per booking. CITIES AND TOWNS and COUNTY agree that the booking fee to be charged by COUNTY to CITIES AND TOWNS shall be at the rate of $79.86 per booking for a period of three years beginning July 1, 2005 and ending on June 30, 2008. CITIES AND TOWNS and COUNTY also agree that they shall meet with each other from time to time to negotiate and recommend to the Parties by July 1, 2006 a defined methodology for calculation of booking fees, and a process to adjust future booking fees once the present enacted fee expires on June 30, 2008. On or before December 1, 2005, COUNTY agrees to provide to CITIES AND TOWNS a detailed written explanation of COUNTY's methodology and astep-by-step explanation of the process used for calculating booking fees for CITIES AND TOWNS. Within sixty (60) days of receipt of COUNTY's methodology and process used to calculate booking fees, any one or more of CITIES AND TOWNS shall provide to all ~ other Parties a detailed written explanation of any alternative methodology and/or process proposed by any one or more of CITIES AND TOWNS. Following these exchanges of information, CITIES AND TOWNS and COUNTY ~ shall meet on or before July 1, 2006 for the purposes of negotiating and recommending to the Parties a methodology to calculate booking fees, and a process to Settlement Agreement Page 3 adjust the fees after expiration of the three-year period in which fees are to be imposed 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DST 264021 Booking Fees ~ at the rate of $79.86 per booking. Any such recommendations shall be included in a proposed amendment to this Agreement and transmitted to each of the Parties for their ~ approval. If, thereafter, COUNTY and CITIES AND TOWNS mutually agree upon a defined methodology for calculation of booking fees, as well as a fee adjustment process and implementation, the agreed upon methodology and process shall be implemented within thirty (30) days of the date of the executed amendment to this agreement or other agreement as the Parties deem appropriate. If, instead, no agreement is reached by COUNTY and CITIES AND TOWNS on either the methodology to be used to calculate booking fees, or on a process to adjust booking fees in the future, or on both methodology and process, on or before January 1, 2008, an impasse shall be declared (unless COUNTY and CITIES AND TOWNS agree on a further extension of time to attempt to reach agreement on these issues). In such an event, after expiration of the three-year period in which fees are to be imposed at the rate of $79.86 per booking, COUNTY may then employ a methodology for calculation of booking fees and a process to adjust fees in the future as are allowable by law, which methodology and process any one or more of CITIES AND TOWNS shall be free to challenge in the Superior Court of the State of California if they so desire. If that occurs, the final decision of the highest reviewing court shall thereafter be binding on the Parties concerning methodology for calculation of booking fees and the process to adjust such fees until such time as the law changes with respect thereto. -- All provisions contained in judgments entered in City of Adelanto, et al. v. County of San Bernardino, Judicial Council Coordination Proceeding No. 2584, and the original Settlement Agreements and supplemental settlement agreements between the Parties relating to booking fees that are not in direct conflict with the terms of this supplemental settlement agreement shall remain in full force and effect. IN WITNESS WHEREOF, the Parties are freely and voluntarily entering into and Settlement Agreement Page 4 1 2 3 4' 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DST 264021 Booking Fees signing this Agreement on the respective dates indicated below. Approved as to form: Dated: , 2005 RONALD D. REITZ COUNTY COUNSEL By: DENNIS TILTON Deputy County Counsel Attorneys for COUNTY OF SAN BERNARDINO Dated: , 2005 RICHARDS WATSON GERSHON By: MARGUERITE P. BATTERSBY Dated: .2005 COUNTY OF SAN BERNARDINO By: BILL POSTMUS Chairman, Board of Supervisors Dated: , 2005 CITY OF ADELANTO By: Mayor ATTEST: CITY OF ADELANTO City Clerk APPROVED AS TO FORM: City Attorney [mayors or city managers of all other cities and towns signing in counterpart Page 5 Settlement Agreement 1 2 3 4! i 5~ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: , 2005 TOWN OF APPLE VALLEY By: ATTEST: TOWN OF APPLE VALLEY Town Clerk APPROVED AS TO FORM: Town Attorney Mayor Page 6 DST 264021 Booking Fees Su . Settlement Agreement 1 2 3 4 5 6 7 8 9 10 11 i 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: , 2005 CITY OF BARSTOW By: ATTEST: CITY OF BARSTOW City Clerk APPROVED AS TO FORM: City Attorney Mayor Page 7 DST 264021 Booking Fees Su Settlement Agreement 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DST 264021 Booking Fees ~ Dated: , 2005 CITY OF BIG BEAR LAKE By: !ATTEST: CITY OF BIG BEAR LAKE City Clerk APPROVED AS TO FORM: City ,attorney Settlement Agreement Mayor Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: , 2005 ~ CITY OF CHINO By: ATTEST: CITY OF CHINO City Clerk APPROVED AS TO FORM: City Attorney Mayor Page 9 DST 264021 Booking Fees Su Settlement Agreement 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DST 264021 Booking Fees I Dated: , 2005 CITY OF CHINO HILLS By: ATTEST: CITY OF CHINO HILLS City Clerk APPROVED AS TO FORM: City Attorney Settlement Agreement Mayor Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: , 2005 CITY OF COLTON By: ATTEST: CITY OF COLTON City Clerk APPROVED AS TO FORM: City Attorney Mayor Page 11 DST 264021 Booking Fees Su Settlement Agreement 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 '' 16 17 18 19 20 21 22 23 24 25 26 27 28 I Dated: , 2005 CITY OF FONTANA By: I ATTEST: !CITY OF FONTANA City Clerk APPROVED AS TO FORM: City Attorney Mayor Page 12 DST 264021 Booking Fees Su .Settlement Agreement 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: , 2005 (ATTEST: CITY OF GRAND TERRACE City Clerk APPROVED AS TO FORM: By: City Attorney CITY OF GRAND TERRANCE Mayor Page 13 DST 264021 Booking Fees Su Settlement Agreement 1 2 3 4 5 6 7 8 9 10 11 12 13 ' 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ~~, 28 ~~ Dated: ATTEST: CITY OF HESPERIA 2005 By: City Clerk APPROVED AS TO FORM: City Attorney CITY OF HESPERIA Mayor Page 14 DST 264021 Booking Fees Su .Settlement Agreement 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I Dated: 2005 ~ CITY OF HIGHLAND By: ATTEST: CITY OF HIGHLAND City Clerk APPROVED AS TO FORM: City Attorney Mayor Page 15 DST 264021 Booking Fees Su Settlement Agreement 1 2 3 4 5 6 7 8 9 10 I~ 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: , 2005 CITY OF LOMA LINDA By: ATTEST: CITY OF LOMA LINDA City Clerk APPROVED AS TO FORM: City Attorney Mayor Page 16 DST 264021 Booking Fees Su . Settlement Agreement 1 2 3 4 5 6 7 8' 9 10 11 12 13 14 15 16 17 18 19 20 21 ', 22 23 24 25 26 27 28 I Dated: . 2005 CITY OF MONTCLAIR By: ATTEST: CITY OF MONTCLAIR City Clerk APPROVED AS TO FORM: City Attorney Mayor Page 17 DST 264021 Booking Fees Su . Settlement Agreement 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~ Dated: , 2005 CITY OF NEEDLES By: (ATTEST: I CITY OF NEEDLES City Clerk I APPROVED AS TO FORM: City Attorney Mayor Page 18 DST 264021 Booking Fees Su .Settlement Agreement 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 Dated: , 2005 CITY OF ONTARIO By: Mayor ATTEST: CITY OF ONTARIO City Clerk APPROVED AS TO FORM: City Attorney Page 19 DST 264021 Booking Fees Settlement Agreement 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~ Dated: , 2005 CITY OF RANCHO CUCAMONGA By: !ATTEST: CITY OF RANCHO CUCAMONGA City Clerk APPROVED AS TO FORM: City Attorney Mayor Page 20 DST 264021 Booking Fees Su .Settlement Agreement 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 i 24 25 26 27 28 Dated: , 2005 CITY OF REDLANDS sy: ATTEST: CITY OF REDLANDS City Clerk APPROVED AS TO FORM: City Attorney Mayor Page 21 DST 264021 Booking Fees Su .Settlement Agreement 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I Dated: ATTEST: CITY OF RIALTO 2005 CITY OF RIALTO By: City Clerk APPROVED AS TO FORM: City Attorney Mayor Page 22 DST 264021 Booking Fees Su .Settlement Agreement 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1~ 18 19 20 21 22 23 24 25 26 27 28 DST 264021 Booking Fees Su{ Dated: , 2005 CITY OF SAN BERNARDINO By: ATTEST: CITY OF SAN BERNARDINO Rachel G. Clark, City Clerk Judith Valles, Mayor APPROVED AS TO FORM AND LEGAL CONTENT: F. Penman, City Attorney i. Settlement Agreement 2 w sig pg Page 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I Dated: . 2005 CITY OF TWENTYNINE PALMS By: ATTEST: CITY OF TWENTYNINE PALMS City Clerk APPROVED AS TO FORM: City Attorney Mayor Page 24 DST 264021 Booking Fees Su . Settlement Agreement 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 'Dated: , 2005 CITY OF UPLAND By: ATTEST: CITY OF UPLAND City Clerk APPROVED AS TO FORM: City Attorney Mayor Page 25 DST 264021 Booking Fees Su Settlement Agreement 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DST 264021 Booking Fees ~ Dated: , 2005 By: ATTEST: CITY OF VICTORVILLE City Clerk APPROVED AS TO FORM: City Attorney Settlement Agreement CITY OF VICTORVILLE Mayor Page 26 1 2 3 4 5 6 71 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DST 264021 Booking Fees I Dated: ATTEST: CITY OF YUCAIPA 2005 By: City Clerk APPROVED AS TO FORM: City Attorney Settlement Agreement CITY OF YUCAIPA Mayor Page 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 -- 22 23 24 25 26 27 28 DST 264021 Booking Fees S ~ Dated: , 2005 (ATTEST: TOWN OF YUCCA VALLEY Town Clerk APPROVED AS TO FORM: By: Town Attorney Settlement Agreement TOWN OF YUCCA VALLEY Mayor Page 28 ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): t ' t ~ ~~ Item # ~_~ Resolution # Vote: Ayes ~ Nays _ Abstain Change to motion to amend original documents ^ Companion Resolutions ~~~s -31~ Absent Null/Void After: days / Resolution # On Attachments: ^ Note on Resolution of attachment stored separately: ^ PUBLISH ^ POST ^ RECORD W/COUNTY ^ By: I Date Sent to Mayor: `~ ~ ~~ I~~ / Reso. Log Updated: [~ Date of Mayor's Silmature: !~ f ~ ~ C/ 0 ~~ Seal Impressed: Date of Clerk/CDC Signature: l t~~ ~~ ~`~ Reso. # on Staff Report Date Memo/Letter Sent for Signature: Date Returned: Not Returned: ^ 151 Reminder Letter Sent: 2"d Reminder Letter Sent: ~. Request fur Council Action & Staff Report Attached: Yes No ~ By _ Updated Prior Resolutions (Other Than Below): Yes _ N %~ By _ / Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 1 0585, 12634): Yes No ` By _ _~~ Updated CDC Personnel Folders (5557): Yes Nu / ~y _ Updated Traffic Folders (3985, 8234, 655, 92-389): Yes No / By _ Copies Distributed to: Animal Control ^ EDA ^ Information Services ^ City Administrator ^ Facilities ~ ^ Parks & Recreation ~~ City Attorney Finance ^ Police Department ^ Code Compliance ^ Fire Department ^ Public Services ^ Development Services ^ Human Resources ^ Water Department ^ Others: ~~ / ~~ Notes: ~~~ Ready to File: Date: ~, ~ ~. Revised 12/18;03 OFFICE OF THE CITY CLERK RACHEL G. CrnRx, C.M.C. - CrrY CLERK 300 North "D" Street • San Bernardino • CA 42418-0001 909.384.5002 • Fax; 909.384.5158 www.sbcity.org San November 16, 2005 The Blast Soccer Club 125 West Jackson Road San Bernardino, CA 92408 Dear Representative: At the Mayor and Common Council meeting of November 7, 2005, the City of San Bernardino adopted Resolution 2005-375- Resolution canceling that agreement approved March 18, 1996 between the City and The Blast Soccer Club for use of soccer fields at Al Guhin Park and authorizing the Mayor or her designee to execute a new agreement between the City and The Blast Soccer Club for a ten year terns. Enclosed are one (1) original agreement and two (2) duplicate original agreements, to be executed. Please sign in the appropriate locations and return the original and one (1) duplicate original agreement to the City Clerk's Office, Attn: Eileen Gomez, P.O. Box 1318, San Bernardino, CA 92402, as soon as possible. Please be advised that the resolution and agreement will be null and void if not executed within sixty (60) days or by Thursday, January 5, 2006. If you have any questions, please do not hesitate to contact me at (909)384-5002. Sincerely, ~~ ~~ Eileen Gomez Senior Secretary Enclosure CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity • Accountability • Respect for Human Dignity • Honesty