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HomeMy WebLinkAbout26-City Manager CITY OF SAN BERNARDINO _ REQUEST FOR COUNCIL AgB,LG 1 NA L Date: March 14,2006 Subject: RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A TRAFFIC DEVELOPMENT IMPACT FEE PREPAYMENT AGREEMENT AMONG THE CITY OF SAN BERNARDINO, THE INLAND V ALLEY DEVELOPMENT AGENCY AND THE SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY From: Fred Wilson, City Manager Dept: City Manager's Office MICC Meeting Date: March 20, 2006 Synopsis of Previous Council Action: Recommended Motion: Adopt resolution. Contact person: Fred Wilson/Lori Sassoon Phone: 5122 Supporting data attached: staff report Agreement Ward: all resolution FUNDING REQUIREMENTS: Amount: none by this action Source: (Ace!. No.) (Ace!. Description) Finance: Council Notes: ~()06 -31 Agenda Item No. J/~D j!J(; I , ). (f) STAFF REPORT Subiect: Resolution authorizing the execution of a Traffic Development Impact Fee Prepayment Agreement among the City of San Bernardino (the "City"), the Inland Valley Development Agency (the "IVDA") and the San Bernardino International Airport Authority (the "SBIAA"). Backe:round: On March 18, 1996, the City approved the IVDA Specific Plan and related Environmental Impact Report ("EIR") and the applicable Traffic Impact Analysis ("1996 TIA"). The IVDA Specific Plan as adopted by the City for the IVDA encompassed a portion of the former Norton Air Force Base ("NAFB") properties consisting of approximately 652.1 acres of land. The IVDA Specific Plan imposed requirements upon the IVDA to the effect that each development project within the Specific Plan Area must provide a proportionate share of funding for intersection and transportation improvements as identified in the IVDA Specific Plan. The United States Air Force ("USAF") recognized in official documentation prepared in connection with the closure of the former NAFB that the NAFB properties generated 46,520 vehicle trips per day during the time that NAFB was an active USAF military base. Prior to the official closure of NAFB in April 1994, there were in excess of 10,000 jobs on the NAFB properties. The IVDA Specific Plan provided that off-site roadway and traffic related infrastructure requirements equal to $31,355,737 to mitigate for the specified projects would be imposed when a project would generate daily vehicle trips, together with those amounts then occurring within the NAFB properties from new development, in excess of the 46,250 daily vehicle trips figure. The IVDA submitted a report to the City dated August 16, 2002, prepared by an independent traffic engineer (the "IVDA Completed Streets Report") that was independently reviewed and approved by the City Engineer. The IVDA Completed Streets Report confirmed that the IVDA completed $28,292,188 (the "IVDA Traffic Improvement Expenditures") in street, transportation and other intersection improvements utilizing a combination of Federal grant funds, tax increment revenues of the IVDA and other IVDA tax allocation bond proceeds. The City Engineer determined that the total IVDA Traffic Improvement Expenditures represented all or portions of those particular line items set forth in the initial 1996 TIA and an additional $12,609,543 represented those streets and intersection improvements including in particular Orange Show Road improvements, and were of such a nature as to be eligible for qualifying as improvements in lieu of those specified in the IVDA Specific Plan and the 1996 TIA. The City through official actions of the Mayor and Common Council determined, based upon the IVDA Completed Streets Report, that the IVDA was entitled to receive mitigation credits for the prior completion by the IVDA of $16,719,273 of street and highway improvements that comprised the Congestion Management Program ("CMP"), as adopted by SANBAG, which are deemed to be improvements for the benefit of the region and as are required under the EIR and the 1996 TIA for the IVDA Specific Plan. In 2003, the City adopted a resolution which made certain findings and determinations and approved the 2003 Implementation Plan to effectively 4845-2972-3904.1 implement the 1996 TIA and the Mitigation Monitoring Plan as included with the final CEQA determinations for the prior approval of the IVDA Specific Plan in 1996. Proposed Al!:reement More recently, IVDA was instrumental in obtaining certain earmarked funds as approved by Congress for roadways in and around the former NAFB in the form of the Inland Valley Goods Movement Bill, with such funds being designated for roadway improvements equal to $36,500,000 in the vicinity of the former NAFB. The SBIAA determined that the "fair share" contribution for traffic mitigation for the full development of the Airport Master Plan may require an additional contribution of funds in the amount of $7,466,300, as identified in, provided for, or in compliance with, the 2005 Airport Master Plan. The anticipated "fair share" contributions of the IVDA and the SBIAA to date are equal to $38,822,037, and the total of funds contributed to date (i.e., $16,719,273) and committed (i.e. $36,500,000) exceed $53,000,000. At Mayor Valles' direction, staff began negotiating the proposed agreement. Approval of this Agreement by the City will (1) acknowledge that the IVDA and the SBIAA have exceeded all "fair share" requirements of the IVDA as identified in the 1996 TlA and of the SBlAA as identified in the 2005 Traffic Impact Analysis for the 2005 Airport Master Plan, and (2) accept the afore-mentioned contributed and committed funds as the prepayment of the local circulation system and regional circulation system fees that otherwise would have been payable by both the IVDA and the SBlAA, or their successors in interest whether other governmental entities or private parties, for those properties as therein identified. The term of the proposed agreement is for twenty (20) years, or upon completion of 11,360,000 square feet of new building floor area constructed within the identified area, whichever occurs first. It calls for the parties to revisit the agreement at the ten-year mark (2016) to determine if any changes are warranted. Modifications proposed at that time would require the mutual agreement of the parties. Future development in the IVDA/SBIAA area will be subject to the City's other development impact fees where applicable. This would include the new Police and Fire facilities and equipment impact fees. Financial Impact: The IVDA and the SBIAA have contributed and committed funds in excess of more than $14,000,000 of their "fair share" requirements as identified in the 1996 TIA and as identified in the 2005 Traffic Impact Analysis for the 2005 Airport Master Plan. By acknowledging this prepayment of fees, the City will forgo future local circulation system and regional circulation system fee revenues that would have been collected from development in the IVDA/SBlAA area. Recommendation: Adopt resolution 4845-2972-3904\ 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 RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A TRAFFIC DEVELOPMENT IMP ACT FEE PREP A YMENT AGREEMENT AMONG THE CITY OF SAN BERNARDINO, THE INLAND VALLEY DEVELOPMENT AGENCY AND THE SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY 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 Traffic Development Impact Fee Prepayment Agreement among the City of San Bernardino. the Inland Valley Development Agency, and the San Bernardino International Airport Authority, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as though fully set forth at length. SECTION 2. The authorization to execute the above referenced agreement IS rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. /1 ' ,/ /1/ /II //1 /1/ 11/ / / / / / / /1/ Alt.') \ J (p 3 jJD /D(;; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 JOHNSON 17 MC CAMMACK RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MA YOR TO EXECUTE A TRAFFIC DEVELOPMENT IMPACT FEE PREPAYMENT AGREEMENT AMONG THE CITY OF SAN BERNARDINO, THE INLAND VALLEY DEVELOPMENT AGENCY AND THE SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the , 2006, by the following vote, to wit: _ day of Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA BAXTER MCGINNIS DERRY KELLEY 18 19 20 21 22 23 24 Approved as to 25 Form and legal content: City Clerk day of The foregoing resolution is hereby approved this 2006. Patrick J. Morris, Mayor City of San Bernardino 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 TRAFFIC DEVELOPMENT IMP ACT FEE PREP A YMENT AGREEMENT AMONG THE CITY OF SAN BERNARDINO, THE INLAND VALLEY DEVELOPMENT AGENCY AND THE SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY This Traffic Development Impact Fee Prepayment Agreement (this "Agreement"), is effective as of March 20, 2006, and is entered into by and among the City of San Bernardino, a charter city under the Constitution of the State of California (the "City"), the Inland Valley Development Agency, a joint exercise of powers authority formed under the laws of the State of California (the "IVDA"), and the San Bernardino International Airport Authority, a joint exercise of powers authority under the laws of the State of California ("SBIAA"), in furtherance of defining certain rights and responsibilities of the parties with respect to certain issues pertaining to transportation and roadway funding and to provide for the advance payment of certain traffic development impact fees for the benefit of the IVDA and SBIAA. RECITALS WHEREAS, the parties seek to define certain commitments among the parties with respect to the implementation of the proposed Nexus Study for SANBAG and the use of Measure "I"/State transportation/Federal transportation funds for improvements to various arterial streets, highways and freeway interchange projects in the vicinity of the former Norton Air Force Base ("NAFB") located within or adjacent to and impacting surface transportation within the municipal boundaries of the City; and WHEREAS, the City intends by the execution and delivery of this Agreement to accept as the prepayment of the fees that otherwise would have been payable by both the IVDA and SBIAA, or their successors in interest whether other governmental entities or private parties, for those properties as herein identified to have fully complied with the provisions of the City's Development Impact Fee Calculation and Nexus Report and the implementing ordinances and resolutions of the City as the same may be adopted, amended or modified from time-to-time, all in the manner as provided in this Agreement; and WHEREAS, the City's Development Impact Fee Calculation and Nexus Report provides for the establishment of certain local and regional transportation and roadway fees for which the City intends by the execution and delivery of this Agreement to provide to both the IVDA and SBIAA recognition of the prepayment for those properties as herein identified in the attached Exhibit "A" to thus be exempt from the provisions of Chapter 5 - Local Circulation (Streets, Signals and Bridges) System, Schedule 5.2 ("Local Circulation Improvement Fees"), and Chapter 5 - Regional Circulation (Interchanges and Grade Separations) System, Schedule 5.5 ("Regional Circulation Improvement Fees") of the Development Impact Fee Calculation and Nexus Report and all implementing ordinances and resolutions of the City; and WHEREAS, the City by the adoption of this Agreement recognizes that the United States Congress intended to participate in the redevelopment of the former NAFB both for the benefit of the IVDA and SBIAA and other private parties seeking to develop land or utilize the facilities of the IVDA and SBIAA by providing a special "new money" allocation for roadways in and around the former NAFB in the form of the Inland Valley Goods Movement Bill with 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 such funds being designated for roadway improvements equal to $36,500.000 in the NAFB vicinity. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND CONDITIONS AS CONTAINED HEREIN, THE PARTIES TO THIS AGREEMENT DO HEREBY AGREE, AS FOLLOWS: Section 1. No Traffic Systems Fee Imposed. In consideration of the facts as recited in the Recitals above, and as further set forth in the substantial evidence as provided to the Mayor and Common Council of the City at the time of approval of this Agreement by the City, the City hereby agrees that it shall not impose (i) any Local Circulation Improvement Fees, (ii) any Regional Circulation Improvement Fees, or (iii) any additional local traffic circulation systems fee or regional circulation systems fee, or other similar regional roadway infrastructure fee of any nature within the NAFB Study Zone for (i) new development or (ii) substantial rehabilitation of existing buildings and structures for the square footage that exceeds the current square footage of the particular existing building or structure during the term of this Agreement as provided in Section 11 hereof. The NAFB Study Zone is set forth on the map attached hereto as Exhibit "A". Such map may be changed or modified from time-to-time by the IVDA and SBIAA upon the officials actions of the governing board of either the IVDA or S8IAA and upon delivery of notice to the City to automatically add such other properties to either the San Bernardino International Airport which become owned by S8IAA or other properties in which the IVDA has an economic interest within the area identified in the map attached hereto as Exhibit "B"; provided, however, that the total square footage of (i) new development and (ii) substantial rehabilitation that is in excess of the square footage of the existing building or structure intended to be substantially rehabilitated that may be included within Exhibit "A" shall not exceed 11,360,000 square feet. Furthermore, both the IVDA and SBIAA shall be subject to the requirements of, and compliance with, the California Environmental Quality Act of 1970, as amended ("CEQA"), with regard to any changes in circumstances that are deemed to exist pursuant to findings and determinations in accordance with the requirements of CEQA that are hereafter found to be caused by any new development activity then being proposed within the NAFB Study Zone as illustrated from time-to-time on Exhibit "A". Section 2. Default; Notice of Default. Failure or delay by a party to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided, however, that if the defaulting party commences to cure, correct or remedy the default within thirty (30) calendar days after receipt of written notice specifying such default and thereafter diligently completes such cure, correction or remedy, a breach of this Agreement shall not be deemed to have occurred. The party claiming that a default has occurred shall give written notice of default to the defaulting party, specifying the default and the details thereof. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the nondefaulting party shall have no right to exercise any remedy for a breach hereunder without delivering the written default notice as specified herein. 2 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 Section 3. Failure to Cure; Remedies. In the event that the defaulting party fails to commence to cure, correct or remedy a default within thirty (30) calendar days following written notice, as provided above, or thereafter fails diligently to complete such cure, correction or remedy, a breach of this Agreement shall be deemed to have occurred. In the event of a breach, the nondefaulting party or parties. as applicable, may (i) at its or their option, terminate this Agreement and/or (ii) seek any appropriate remedy or damages available at law or in equity. All court actions filed to seek any enforcement or interpretation of this Agreement must be filed solely in the Superior Court of the County of San Bernardino, Main Branch in the City of San Bernardino. Section 4. No Waiver bv Failure or Delav; Cumulative Ri2hts. (a) Any failure or delay by a party or parties in asserting any of its or their rights and remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default. (b) The rights and remedies of the Parties as set forth in Sections 2, 3, 4 and 5 are cumulative and the exercise by any party or parties of one or more of such rights or remedies shall not preclude the exercise by it or them, at the same or different times, of any other rights or remedies for the same default or any other default by the defaulting Party. Section 5. Enforceability of A2reement. This Agreement shall be deemed to be an enforceable agreement by and among the parties hereto. Any of the parties may bring such legal or equitable action as may be permitted under the laws of the State of California to enforce any provision of this Agreement. The successful party, as applicable, in any such action to interpret or enforce any provision hereof shall be entitled to receive from the party or parties against which enforcement is sought all costs associated with such successful actions including all attorney's fees, costs and other expenses. The costs, salary, and expenses of the City Attorney and members of his staff shall be considered attorney's fees for the purposes of this Agreement. Notices. Section 6. All notices to be given under this Agreement shall be in writing and shall be delivered personally, by Federal Express or other similar overnight courier or express delivery service or by certified or registered United States Mail, return receipt requested. All notices shall be given to the addresses of the parties as set forth herein. Unless specifically provided to the contrary in this Agreement, any notice pursuant to this Agreement shall be effective upon delivery or refusal to accept delivery, if delivered personally, one (l) calendar day after deposit with Federal Express or other like overnight courier or express delivery service, and two (2) calendar days after mailing, if delivered by certified or registered United States Mail. Notices to the IVDA shall be sent to the following address: 3 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 Inland Valley Development Agency 294 S. Leland Norton Way San Bernardino, California 92408 Attention: Executive Director with a copy to: Lewis Brisbois Bisgaard & Smith LLP 650 East Hospitality Lane, Suite 600 San Bernardino, California 92408 Attention: Timothy J. Sabo Notices to SBlAA shall be sent to the following address: San Bernardino International Airport Authority 294 S. Leland Norton Way San Bernardino, California 92408 Attention: Executive Director with a copy to: Lewis Brisbois Bisgaard & Smith LLP 650 East Hospitality Lane, Suite 600 San Bernardino, California 92408 Attention: Timothy J. Sabo Notices to the City shall be sent to the following address: City Manager City of San Bernardino 300 North "D" Street, Sixth Floor San Bernardino, California 92418 with a copy to: City Attorney City of San Bernardino 300 North "D" Street, Sixth Floor San Bernardino, California 92418 Each party shall promptly notify the other parties of any change or changes of address to which notices shall be sent pursuant to this Agreement. Section 7. Entire Al!reement. This Agreement among the IVDA, SBIAA and the City represents the sole agreements of the parties regarding the matters addressed herein that exist as of the date hereof. Section 8. Governinl! Law; Invalidity of Anv Provision of Al!reement. This Agreement shall be governed by the laws of the State of California. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or 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 unenforceable as among the parties, the remaining provisions shall continue in full force and effect. Section 9. No Third Party Beneficiary. The parties to this Agreement recognize and agree that there shall be no third party beneficiary of the commitments contained herein which are of benefit solely for the parties hereto. Neither SANBAG, nor any other governmental entity or private party, person, property owner, partnership or corporation shall at any time have any rights pursuant to this Agreement or the actions intended to be taken by the parties hereto. Section 10. Amendments. This Agreement may only be amended, changed, modified or altered by a wntlng signed by all of the parties and approved by the respective governing boards thereof in the manner as required by applicable law. Section 11. Term of Ae:reement. (a) The term of this Agreement shall commence upon the full execution hereof by the parties and for all purposes pursuant to this Agreement shall be the date set forth in the introductory paragraph of this Agreement. This Agreement shall terminate as of June 30, 2026, unless the parties to this Agreement have duly executed an amendment to this Agreement specifically extending the time for performance of the terms and provisions as set forth herein; provided, however, that both the IVDA and SBIAA shall have the right to utilize the full amount of the unused square footage of new development then remaining from the amount of the total square footage of new development as set forth in Section 1 hereof subsequent to the termination date of this Agreement and subject in all instances to the provisions of CEQA which, based upon changes in conditions and circumstances, may require further CEQA analysis and review as further provided in said Section 1. (b) The parties agree that on and after May 1,2016, and through and induding June 30, 2016, any party to this Agreement may give written notice to the other parties to seek a review of the progress of the development within the NAFB Study Zone to determine whether any modifications should be considered by the parties as an amendment to this Agreement. Such review shall be based upon such factors which include, but are not limited to, the amount of square footage built within the NAFB Study Zone as of the date of review, the then current amount of development and aviation uses that have occurred on the Airport and the reasonably anticipated future development and aviation uses of the Airport, the types and intensities of uses for the new development within the NAFB Study Zone, and such other factors as the parties may then seek to address. The parties shall each designate one representative to meet as soon as practicable after June 30, 2016, and to discuss the status of the new development that has occurred within the NAFB Study Zone and such other issues related thereto. Based upon such review any party shall have the right to submit to the other parties written recommendations, if any, as to the manner in which this Agreement may be modified by the mutual consent of the governing bodies of the parties to this Agreement each at their sole discretion whether to approve any proposed amendment to this Agreement. No amendment or 5 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 TRAFFIC DEVELOPMENT IMPACT FEE PREP A YMENT AGREEMENT AMONG THE CITY OF SAN BERNARDINO, THE INLAND V ALLEY DEVELOPMENT AGENCY AND THE SAN BER.l'JARDINO INTERNATIONAL AIRPORT AUTHORITY moditication to this Agreement shall be effective unless approved by the parties in the manner required by Section 10. Section 12. Execution of A2reement. This Agreement may be executed in counterparts, and facsimile signatures shall be as effective as original signatures. Upon the execution hereof by the appropriate representative of each of the parties, this Agreement shall be deemed to have been approved by the governing bodies of each of the parties in accordance with all applicable provisions of State law. INLAND VALLEY DEVELOPMENT AGENCY By: Co-Chairperson Dated: By: Co-Chairperson Dated: ATTEST: (SEAL) By: Clerk of the Board Approved as to Form: By: General Counsel 6 1 2 3 4 5 6 7 8 TRAFFIC DEVELOPMENT IMPACT FEE PREP A YMENT AGREEMENT AMONG THE CITY OF SAN BERNARDINO, THE INLAND V ALLEY DEVELOPMENT AGENCY AND THE SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY CITY OF SAN BERNARDINO By: Mayor Dated: ATTEST: 9 (SEAL) 10 11 12 13 14 15 16 17 18 19 20 21 22 By: City Clerk Approved as to Form And legal content: By. ~.!1 ,! <~-, " . \ , . /)~ y- - : <-- :- , -~-t:.._ / City Attorney ( / , SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY By: President Dated: ATTEST: (SEAL) 23 24 By: 25 Secretary 26 Approved as to Form: 27 28 By: General Counsel 7 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 EXHIBIT "B" Area Within Which Properties May be Added to NAFB Study Zone 9 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 EXHIBIT" A" NAFB Study Zone 9 ~ ~ ~~ ~. .~ ~ W ns Q) I... Z <( 0 +-' +-' C N c Q) Q) E >- E >- >- ns C ns a. ~ a. I I ~ I- Q) a.. ~ I... en a.. LL - ii en LL 0 i: - x 0 UJ ~ ~ <( >< 0 W > (() en Z I al I LL <t z z o - en z <C D.. >< W W Z o N >- C ::) ill I- --en :0 ~en w::) >< W z m LL <C z c w en o a. o ~ a. co Q) "- <( c o "en c CO 0.. >< W Q) c o N ~ "'0 ::J +oJ (/) en ::J >< Q) Z (0 LL <( Z "'0 Q) en o 0.. o "- a.. . . ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Ado~: " )fJ~()fo Ite~ #. ,~ Resolution # :2!) () I:> _ g L/ Vote: Ayes d- Nays~~ +~in Absent Change to motion to amend original documents D Companion Resolutions Null/Void After: days I Resolution # On Attachments: D Note on Resolution of attachment stored separately: D PUBLISH D POST D RECORD W/COUNTY D By: ~ I Date Sent to Mayor: 3.>)1, () b Date of Mayor's Signature: ~, J, ::k9b Date ofClerk/CDC Signature: b-(}~(){f' Date Memo/Letter Sent for Signature3' J ~ &(, Date Returned: ~ / L( J~b I" Reminder Letter Sent: 2nd Reminder Letter Sent: Reso. Log Updated: Seal Impressed: ::: Not Returned: D Request for Council Action & Staff Report Attached: Yes Updated Prior Resolutions (Other Than Below): Yes Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634): Yes Updated CDC Personnel Folders (5557): Yes Updated Traffic Folders (3985, 8234, 655, 92-389): Yes /~/ No By_ No ",.--- By_ NO~_ No By No -~y- - - Copies Distributed to: Animal Control City Administrator City Attorney Code Compliance Development Services Others: rn/ D lli D D ~, ~ EDA Information Services Parks & Recreation Police Department Public Services Water Department Facilities Finance D Fire Department ~?") Human ~sources .~?c#1L- Notes: \,J Date: Ready to File: Revised 12/18/03 D D D D D :?,ov/.-8 ~ '~Q'EV~LO,o .~'~> ':>:_"- f - \ i~ ; '-~\ ~'I z. z............... . '()' ,- ;;.,,' '"<; \. o. \"""'''-. _1 ,'...' " lm./ RFCEIVED-Cl1'( ClEi\i< San Bernaramo International Airport 200G MAR 28 t.M y: u5 ~'<""^""""" R, ~ f ; z c ~ g .., '" ,"3'. .'r'i "., March 28, 2006 Via Messenl!er Eileen Gomez San Bernardino City Clerk's Office 300 N. "D" Street San Bernardino, CA 92418 RE: TRAFFIC DEVELOPMENT AGREEMENT IMPACT FEE PREPAYMENT Dear Ms. Gomez: Pursuant to your conversation with Michelle Riechel this morning, please find enclosed two original copies of the Traffic Development Impact Fee Prepayment Agreement, which have been signed by representatives from both the Inland Valley Development Agency ("IVDA") and the San Bernardino International Airport Authority ("SBIAA"). Once executed by the City of San Bernardino, please send one fully executed, original document back to our offices, to my attention. Should you require additional information, please do not hesitate to contact me at (909) 382-4100 exl. 232. Very truly yours, INLAND VALLEY DEVELOPMENT AGENCY SAN BE INO INTERNATIONAL AIRPORT Enclosures KKB:mer I:\WORDDOC\2006\Michelle\March\013L so clerks ufJice.doc 294 S. Leland Norton Way. Suite #1 . San Bernardino. CA 92408-0131 . (909) 382-4100 . FAX (909) 382-4106 email:ivda@sbdairport.com . http://www.sbdairport.com A PROJECT OF THE INLAND VALLEY DEVELOPMENT AGENCY AND SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY . . OFFICE OF THE CITY CLERK RAcHEL G. CLARK, CM.C. - CITY CLERK 300 North "D" Street. San Bernardino' CA 92418-0001 909.384.5002' Fax: 909.384.5158 www.sbcity.org "M March 30, 2006 Inland Valley Development Agency Attn: Executive Director 294 S. Leland Norton Way San Bernardino, CA 92408 Dear Executive Director: At the Mayor and Common Council meeting of March 20, 2006, the City of San Bernardino adopted Resolution 2006-84 ~ Resolution authorizing the Mayor to execute a Traffic Development Impact Fee Prepayment Agreement among the City of San Bernardino, the Inland Valley Development Agency and the San Bernardino International Airport Authority. Enclosed are one (I) original agreement to be executed by the Executive Director of the Inland Valley Development Agency and by the San Bernardino International Airport Authority. Please obtain signatures in the appropriate locations and return the original agreement to the City Clerk's Office, Attn: Eileen Gomez, P.O. Box 1318, San Bernardino, CA 92402, as soon as possible. Please keep a copy of the agreement for your records. Please be advised that the resolution and agreement will be null and void if not executed within sixty (60) days or by Thursday, May 18, 2006. If you have any questions, please do not hesitate to contact me at (909)384-5002. Sincerely, / 0~'/ /L . . ( .L-2/. /.... //2r"'~l '-e-:..:.- ~~ Eileen Gomez Senior Secretary Enclosure CITY OF SAN BERNARDINO ADOPTED SHARED VAI,UES: Integrity' Accountability' Respect for Human Dignity' Honesty