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Home My WebLink About19-Development Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Amendment No. I to Reimbursement Agreement with the San Bernardino International Airport Authority related to the preparation of an Airport Land Use Compatibility Plan. Dept: Development Services Date: August 15,2007 MICC Meetiug Date: August 20, 2007 Synopsis of Previous Council Action: June 18,2007 - The Mayor and Common Council adopted a Resolution authorizing the execution of an Agreement for Services with Mead & Hunt and a Reimbursement Agreement with the San Bernardino International Airport Authority related to the preparation of an Airport Land Use Compatibility Plan. Recommended Motion: Adopt Resolution VuJAJiJ (/. R H1-- . Signature Contact person: V~lprip r. Rn~Q phnnp. ~,~7 Supporting data attached: Staff RflPort & Reso Ward: 1 FUNDING REQUIREMENTS: Amount: NIA Source: (Acct. No.) ( A rrt nPQC'nptlnn) Finance: Council Notes: Agenda Item No. /1 g.JP'07 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Amendment No.1 to the Reimbursement Agreement with the San Bernardino International Airport Authority related to the preparation of an Airport Land Use Compatibility Plan for the San Bernardino International Airport. Background: On June 18,2007, the Mayor and Common Council authorized the execution of an Agreement for Services with Mead & Hunt and a Reimbursement Agreement with the San Bernardino International Airport Authority (SBIAA) related to the preparation of an Airport Land Use Compatibility Plan. The City of San Bernardino is responsible for preparation ofthe ALUCP for the San Bernardino International Airport under the alternative process pursuant to the Public Utilities Code. Under the terms and conditions of the approved Reimbursement Agreement, the City of San Bernardino will establish a working group comprised of the city and county planning personnel to ensure adequate staff input into this process and the eventual work product. However, it has recently come to staffs attention that the City of Highland has retained a separate consultant to prepare land use exhibits to the ALUCP that would pertain to certain areas in the City of Highland generally located to the east ofthe SBIAA runway. These areas are located along the 3 rd and sth Street corridors from Palm A venue, east and across the 30 Freeway to approximately Church Street. Under the proposed amendment, the City of San Bernardino will agree that it will not adopt a final ALUCP until a recommending resolution is approved by the SBIAA board wherein the Highland board member has voted in the majority to recommend such ALUCP for approval by the City of San Bernardino. The SBlAA reimbursement obligations for consultant costs would be terminated ifthe City of San Bernardino defaults on this commitment and approves the ALUCP without the requested recommendation from SBIAA. Financial Impact: None. Recommendation: Adopt Resolution Exhibits: Resolution A Reimbursement Agreement r--- 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 CITY OF SAN BERNARDINO AUTHORIZING AMENDMENT NO.1 TO REIMBURSEMENT AGREEMENT WITH THE SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY RELATED TO THE PREPARATION OF AN AIRPORT LAND USE COMPATIBILITY PLAN. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. RECITALS (a) WHEREAS, on June 18,2007, the Mayor and Common Council approved a Reimbursement Agreement with the San Bernardino International Airport Authority ("SBIAA") related to the preparation of an Airport Land Use Compatibility Plan; and (b) WHEREAS, it is in the best interest of the City of San Bernardino to approve Amendment No.1 to the Reimbursement Agreement. SECTION 2. FINDINGS NOW, THEREFORE, BE IT HEREBY RESOLVED, FOUND, AND DETERMINED THAT THE MAYOR AND COMMON COUNCIL HEREBY CERTIFY THAT: (a) The Mayor and Common Council hereby approve Amendment No. 1 to the Reimbursement Agreement with the San Bernardino International Airport Authority as attached hereto and incorporated herein as Attachment A. (b) The City Manager is hereby authorized and directed to execute Amendment No.1 to the Reimbursement Agreement on behalf of and in the name of the City of San Bernardino. (c) The authorization to execute the above-referenced Amendment No.1 is rescinded, if the parties have not executed it within sixty (60) days of the passage of this resolution. JI /7 ? J..O '01 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 OF THE CITY OF SAN BERNARDINO AUTHORIZING AMENDMENT NO.1 TO REIMBURSEMENT AGREEMENT WITH THE SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY RELATED TO THE PREPARATION OF AN AIRPORT LAND USE COMPATIBILITY PLAN. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Conunon Council of the City of San Bernardino at a meeting thereof, held on the_day of , 2007, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON MC CAMMACK City Clerk The foregoing resolution is hereby approved this day of ,2007. Patrick J. Morris, Mayor City of San Bernardino Approved as to form: JAMES F. PENMAN, City Attorney 2 ATTACHMENT A AMENDMENT NO.1 TO REIMBURSEMENT AGREEMENT FOR THE SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY AIRPORT LAND USE COMPATIBILITY PLAN This Amendment No. 1 to that certain Reimbursement Agreement for the San Bernardino International Airport Authority, Airport Land Use Compatibility Plan ("ALUCP") is entered into and shall be effective as of this day of August, 2007, by and between the San Bernardino International Airport Authority ("SBIAA"), ajoint powers authority organized and existing pursuant to Government Code Section 6500, et seq., and the City of San Bernardino, a charter city established and existing pursuant to the Constitution and laws of the State of California and the City Charter (the "City"). I. RECITALS: A. The City and SBIAA entered into that certain Reimbursement Agreement for the San Bernardino International Airport Land Use Compatibility Plan on June 18,2007 ("Reimbursement Agreement"); B. City and SBIAA desire to amend the terms of the Reimbursement Agreement as described below. II. AGREEMENTS: NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: A. Section l.d., shall be amended to read as follows: Final Work Product. SBlAA shall forward such final draft ALUCP to the City of Highland ("Highland") for review prior to any approval thereofby the City. The City shall not approve the final draft ALUCP until such time as the SBIAA Commission has accepted and adopted a formal recommendation to the City to approve said final draft ALUCP with the Highland representative voting in the majority to so accept and adopt such formal recommendation for the City to approve said final draft ALUCP. B. Section l.e.(iii), shall be amended to add the following sentence as the last sentence in said Section: In the event the City approves the final draft ALUCP without adhering to the provisions set forth in Section l.d. hereof, for the prior acceptance and adoption of the formal recommendation by the SBIAA Commission for the approval by the City of the final draft ALUCP, SBIAA shall not provide any further reimbursements to the City for any consultant work on the ALUCP after the date of such inappropriate approval ofthe ALUCP by the City. 1 ATTACHMENT A AMENDMENT NO.1 TO REIMBURSEMENT AGREEMENT FOR THE SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY AIRPORT LAND USE COMPATIBILITY PLAN III. MISCELLANEOUS PROVISIONS: 1. Unless otherwise provided herein, all capitalized and/or defined terms herein shall have the same meaning given to such capitalized and/or defined terms in the Reimbursement Agreement. 2. Except as amended hereby, all of the terms and provisions of the Reimbursement Agreement are hereby reaffirmed and remain in full force and effect. In the event there is a conflict between the terms and provisions ofthe Reimbursement Agreement and the terms and provisions of this Amendment No.1, the terms and provisions of this Amendment No.1 shall control. 3. This Agreement may be executed in multiple counterparts, each of which shall, for all purposes, be deemed an original but which together shall constitute one and the same instrument, and the signature pages from any counterpart may be appended to any other counterpart to assemble fully executed documents, and counterparts of this Amendment No.1 may also be exchanged via electronic facsimile machines and any electronic facsimile of any party's signature shall be deemed to be an original signature for all purposes. III III III 2 ATTACHMENT A AMENDMENT NO.1 TO REIMBURSEMENT AGREEMENT FOR THE SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY AIRPORT LAND USE COMPATIBILITY PLAN IN WITNESS WHEREOF, the partied hereto have duly executed this Amendment No. I as of the date first above written. SBIAA SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY, a joint powers authority organized and existing pursuant to Government Code Section 6500, et seq. By: Donald L. Rogers Interim Executive Director (SEAL) Attest: By: Kelly Berry, Secretary Approved as to Form: Timothy J. Sabo, General Counsel CITY CITY OF SAN BERNARDINO, CALIFORNIA By: Fred Wilson City Manager (SEAL )Attest: By: Rachel Clark, City Clerk Approved as to Form: James F. Penman, City Attorney 3 ATTACHMENT A AMENDMENT NO.1 TO REIMBURSEMENT AGREEMENT FOR THE SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY AIRPORT LAND USE COMPATIBILITY PLAN IN WITNESS WHEREOF, the partied hereto have duly executed this Amendment No. I as of the date first above written. SBIAA SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY, a joint powers authority organized and existing pursuant to Government Code Section 6500, et seq. By: Donald 1. Rogers Interim Executive Director (SEAL) Attest: By: Kelly Berry, Secretary Approved as to Form: Timothy J. Sabo, General Counsel CITY CITY OF SAN BERNARDINO, CALIFORNIA By: Fred Wilson City Manager (SEAL)Attest: By: Rachel Clark, City Clerk Approved as to Form: ./~ 3