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HomeMy WebLinkAbout1983-066 1 RESOLUTION NO. 83-66 2 RESOLUTION OF 'l'HE CITY OF SAN BERNARDINO AUTHORI ZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO TO 3 ESTABLISH A WILDLAND - URBAN INTERFACE PLANNING AND IMPLEMENTATION PROGRAM. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 5 SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor of the City of San Bernardino is hereby 7 authorized and directed to execute on behalf of said City an 8 agreement with the County of San Bernardino to establish a 9 Wildland - Urban Interface Planning and Implementation Program, a 10 copy of which is attached hereto, marked Exhibit "A" and 11 incorporated herein by reference as fully as though set forth at 12 length. 13 SECTION 2. The agreement authorized by this resolution shall 14 not take effect until fully signed and executed by both parties. 15 Neither party shall be obligated hereunder unless and until the 16 agreement is fully executed and no oral agreement relating thereto 17 shall be implied or authorized. 18 I HEREBY CERTIFY that the foregoing resolution was duly 19 adopted by the Mayor and Common Council of the City of San 20 Bernardino at a regular meeting thereof, held 21 on the 21st day of February , 1983, by the following 22 vote, to wit: 23 AYES: Council Members Reilly, Hernandez, Marks, 24 Quiel, Hobbs, strickler 25 NAYS: None 26 ABSENT: Council Member Castaneda 27 4Jt?/Pm/~1b / City Clerk 28 1 2 of 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 ,- February The foregoing resolution is hereby approved this day , 1983. Approved as to form: ~~~ A~~ NO. 83~212 1 A G R E E MEN T --------- 2 (Greenbelt Study) 3 THIS AGREEMENT is made and entered into this 28th day of 4 1'1arch , 1983, by and between the CITY OF SAN BERNARDINO, 5 a municipal corporation, hereinafter referred to as "City", and 6 the COUNTY OF SAN BERNARDINO, a body politic, hereinafter referred 7 to as "County". 8 WITNESSETH: 9 WHEREAS, City and County desire to institute a Wildland - 10 Urban Interface Planning and Implementation Program, commonly 11 known as the Greenbelt Study; and 12 WHEREAS, the California Department of Forestry, the U.S. 13 Forest Service and others have agreed to join City and County in 14 this program; and 15 WHEREAS, the foothills of the San Bernardino Mountains have 16 long been recognized as an area of severe fire and flood activity 17 because of the particular combination of weather, vegetation and 18 soils; and 19 WHEREAS, the above-mentioned agencies have already completed 20 a greenbelt feasibility study which determined that the complex 21 physical, economic and political character of the \lildland - urban 22 interface zone will require a detailed development program for the 23 area, 24 NOW, THEREFORE, County and City, for and in consideration of 25 the mutual promises and agreements herein contained, do agree as 26 follows: 27 1. This agreement is made pursuant to the provisions of 28 California Government Code Sections 6500 through 6513, inclusive, 1 relating to the joint exercise of powers common to public 2 agencies. 3 2. The purpose of this contract is to evidence a joint 4 venture agreement between the County and City for purposes of 5 establishing a Wildland - Urban Interface Planning and 6 Implementation Program. The objective of the Program is to help 7 prevent future losses due to fire and flood by the implementation 8 of specific land use recommendations. The final project will 9 consist of a written report containing policies, recommendations, 10 alternative land use proposals, environmental assessment, maps and 11 other data, 50 copies of which shall be made available to the 12 City. No separate legal entity is created hereby, and 13 administration of the program is entrusted to County. City's 14 obligations are set forth in Paragraph 3. 15 3. City agrees to contribute $14,000.00 to establish the 16 Program, which shall be payable during fiscal year 1982-1983 upon 17 receipt of a written request for such funds from County. For the 18 1983-19~4 fiscal year, City agrees in good faith to contribute 19 $14,000 unless its budgetary constraints preclude such 20 participation, in which event City shall be excused from further 21 liability therefor. City's Mayor and Common Council shall have 22 the sole authority to determine whether its budgetary constraints 23 preclude such participation. Payment of the amount due for 1983- 24 1984 shall be billed upon completion of the study. City's sole 25 financial obligation hereunder is as set forth in this paragraph. 26 4. City designates and authorizes its Planning Department 27 staff to serve as liaison with a staff position to be created by 28 the County to carry out this agreement under the general direction -2- 1 of the County Planning Department. County shall pay all expenses 2 of such staff position, other than any portion included within the 3 payments to be made by City as specified in Paragraph 3. 4 5. Neither party may assign this agreement without the 5 advance written consent of the other party. 6 6. Termination. This agreement shall terminate upon 7 publication of the study report contemplated hereby, unless 8 amended or extended by mutual agreement of the parties. 9 IN WITNESS WHEREOF, the parties have caused this agreement to 10 be executed as of the day and year first above written. 11 CITY A'l'TES'I' : 12 13 ~~$ Cfty Clerk 14 15 Approved as to form: Ci&tff~" 16 17 18 AT'rEST: 19 20 21 22 23 County Counsel BY~~+ Deputy County Couns 3~.J-<)- ~3 24 25 26 27 28 / " COUNTY OF SAN BERNARDINO airman, Board ROBERT L HAMMOCK ~- Supervisors MAR 2 8 198 -3- MINUTES OF THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA MARCH 28, 1983 FROM: JOHN N. JAQUESS, Director EPWA/Land Management Department Planning SUBJECT: AGREEMENT, WILDLAND-URBAN INTERFACE PLANNING AND IMPLEMENTATION PROGRAM RECOMMENDATION: APPROVE the Agreement between the County of San Bernardino and the City of San Bernardino concerning the institution of a Wildland-Urban Interface Planning and Implementation Program and authorize the Chairman of the Board of Supervisors to sign said Agreement; ACCEPT contribution and authorize increase in Expenditures and Revenue of Office of Planning (Acct. #001- 48l-2l89} in amount of $14,000. BACKGROUND: In December 1981, the USDA Forest Service completed a greenbelt feasibility study of the San Bernardino Mountains foothills in cooperation with the County, San Bernardino City, San Bernardino Valley Municipal Water District, and the California Department of Forestry. This study included research into the past and present attempts to initiate buffer zones, and an examination of methods to implement recommendations. The conclusion of the study determined that the complex nature of the economic considerations, physical dimensions, and multi-jurisdictional character'will require a det~iled development program for the area. , , .J As a follow-up to that Phase I Study, it was determined that all of the juris- dictions who have some interest and/or jurisdiction over the Wildland-Urban Interface area should be contacted for participation in a planning and implemen- tation program for this area. That has resulted in the County of San Bernardino budgeting $20,000 during Fiscal Year 1982/83 and the California Department of Forestry contributing $15,000 toward the preparation of a Wildland-Urban Inter- face Development/Management Program. The U.S. Forest Service has also committed to provide in-kind staff assistance to the effort. In addition, we are continuing to work closely' with the City of Rancho Cucamonga to determine the extent of its financial and/or'in-kind support for the portion of the planning effort within and adjacent to its corporate boundaries. The approval of this agreement will initiate formal steps to institute the pro- gram between the County, City of San Bernardino and other participating agencies. REVIEWED BY: County Counsel, Clark Alsop. i / cc: Planning w/5 agreements for signature City of San RPn1Rrc1inn c/o Planning Auditor land Managerrent EPWA File Action of the Board of Supervisors AGREE11ENT NO. 83 - 212 APPROVED BOARD OF SUPERVISORS COUNTY OF SAN BERNARDINO MOTION x x 3 Absent 4 MJtion 5 ANDRE BY DATED: ITEM 19 14.9501.103