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5.K
RESOLUTION (ID # 3760) DOC ID: 3760 E
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement/Contract Amendment
From: Tony Frossard M/CC Meeting Date: 04/20/2015
r- epar ed by: Michael Grubbs,ubbs, kwZ7) JQ-t-
5140
Dept: Public Works Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Approving
Amendment No. 1 to an Agreement with Inland Valley Development Agency (IVDA) for
Storm Drain Development Impact Fee Pre-Payment. (#3760)
Current Business Registration Certificate: Not Applicable
Financial Impact:
There is no immediate cost to the City due to approval of this Agreement. However,
over time, a total of at least $5.5 million dollars in storm drain fees will not be collected
when parcels develop in the benefit area.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
05/07/12 Resolution No. 2012-078 was adopted approving a Storm Drain Development
Impact Fee Pre-payment Agreement with the Inland Valley Development
Agency (IVDA).
Background:
On May 7, 2012, the Mayor and Common Council approved a Storm Drain
Development Impact Fee Pre-payment Agreement with the Inland Valley Development
Agency (IVDA). This Agreement was approved in an ongoing effort to attract new
development, businesses and jobs in the area surrounding the former Norton Air Force
Base. The Agreement established credit toward Storm Drain Development Impact Fees
in recognition of IVDA's delivery of various master-planned storm drain improvements at
no cost to the City or the Storm Drain Development Impact Fee program.
The master-planned storm drain improvements completed by IVDA are currently
identified in the City's Master Storm Drain Facilities Plan, which identifies storm drain
improvements that are to be funded by Storm Drain Impact Fees. Delivery of these
improvements at no cost to the City has saved the Storm Drain Impact Fee program
approximately $6,584,300.
Under terms of the original Agreement, the City has afforded IVDA a Storm Drain
Development Impact Fee credit in the amount of $5,511,855.18. Of that amount,
$1,072,520.82 was used in 2012 for a one million square-foot building in Hillwood
Investment Properties' Southgate Project leaving a balance of $4,439,334.36 in credits.
Updated: 4/16/2015 by Georgeann "Gigi" Hanna E I Packet Pg. 200
5.K
3760
Hillwood Investment Properties is currently proposing to construct a Master Plan Storm
Drain in Orange Show Road between Lena Road and Twin Creek. Under terms of the
Agreement, upon completion of construction of this facility, IVDA will be afforded an
additional credit in the approximate amount of$1,400,000.
An additional new development is being proposed by Hillwood Investment Properties on
the south side of Orange Show Road. This new development is partially outside the
original benefit boundary. To account for this, IVDA is requesting that the Storm Drain
Benefit Area be expanded to include the area outside of the original boundary. This
additional area is shown on the map attached to the proposed Amendment as Exhibit
"A-1".
To provide for the re-occurrence of this situation in the future, staff is recommending
that whenever a project is both inside and outside the amended benefit area, the project
shall be determined to be "included under the provisions of this Agreement" as
amended when more than 50% of the square footage of that project area is within the
amended Storm Drain Benefit Area.
In order to allow Hillwood Investment Properties to obtain the timely issuance of permits
for its new project, IVDA will hold $1,400,000 from Hillwood Investment Properties
pending approval of this Amendment. Upon approval of the Amendment and
determination of the exact amount of the Storm Drain Development Impact Fee, IVDA
will credit Hillwood Investment Properties accordingly. See attached letter from IDVA
marked Attachment "'I".
All other development impact, permit and service fees will still apply to projects in the
Storm Drain Benefit Area.
City Attorney Review:
Supporting Documents:
Resolution (DOC)
aarmt 3760 (PDF)
Exhibit A-1 to Storm Drain Dev Impact Fee Prepay Agreem (PDF)
Attach 1 - IVDA Ltr Amend 1 to Storm Drain Dev Impact Fee Prepayment Agreement
(PDF)
IVDA Storm Drain DIF Agmt Reso 2012-78 (PDF)
Updated: 4/16/2015 by Georgeann "Gigi" Hanna E Packet Pg. 201
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1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING AMENDMENT NO. 1 TO AN AGREEMENT
3 WITH INLAND VALLEY DEVELOPMENT AGENCY (IVDA) FOR STORM DRAIN
4 DEVELOPMENT IMPACT FEE PRE-PAYMENT.
5 WHEREAS, the master planned storm drain improvements completed by the Inland a�CL
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6 Valley Development Agency (IVDA) are currently identified in the City's Master Storm U_
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Drain Facilities Plan, which identifies storm drain improvements that are to be funded by E
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Storm Drain Development Impact Fees, and
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WHEREAS,the IVDA's construction of said storm drain improvements at no cost to 0
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11 the City has saved the Storm Drain Development Impact Fee program approximately ,o
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12 $6,584.300; and E
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13 WHEREAS, on May 7, 2012, Resolution No. 2012-078 was adopted approving an a
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14 Agreement with IVDA establishing credit in the amount of$5,511,855.18 toward Storm Drain
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16 Development Impact Fees in recognition of their construction of various master planned storm
drain improvements at no cost to the City or the Storm Drain Development Impact Fee E
17 a
18 program; and
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19 WHEREAS, in 2012, IVDA afforded a credit to Hillwood Investment Properties in
20
the amount of $1,072,520.82 for the Storm Drain Development Impact Fee that would A
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otherwise have been paid to the City for a one million square foot building in the Southgate c
22
23 Project, leaving a net credit amount of$4,439,334.36; and N
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24 WHEREAS, IVDA has requested an Amendment to the Agreement and Exhibit "A"
25 to the Agreement to allow the IVDA to assign storm drain development impact fee (DIF)
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26 credits to Hillwood Investment Properties for a development partially within the Benefit Area, Q
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which is served by the public storm drain infrastructure improvements previously funded by
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1 IVDA and which is identified in the amended Benefit Area set out on Exhibit "A-1" to this
2 Amendment.
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NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND COMMON
4 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1: The City Manager is hereby authorized and directed to execute the °•
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7 attached Amendment No. 1 to said Agreement marked Attachment "A" and incorporated
8 herein.
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9 SECTION 2: This Amendment shall not take effect or become operative until fully °
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signed and executed by the parties and no party shall be obligated hereunder until the time of rn
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such full execution. No oral agreements, amendments, modifications, or waivers are intended =
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13 or authorized and shall not be implied from any act or course of conduct of any party.
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14 SECTION 3: The authorization to execute this Amendment is rescinded if the parties o
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15 fail to execute it within ninety(90) days of passage of this Resolution. o
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I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
2 OF SAN BERNARDINO APPROVING AMENDMENT NO. I TO AN AGREEMENT
WITH INLAND VALLEY DEVELOPMENT AGENCY (IVDA) FOR STORM DRAIN
3 DEVELOPMENT IMPACT FEE PRE-PAYMENT.
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4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
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and Common Council of the City of San Bernardino at a meeting thereof, held a.
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7 on the day of , 2015,by the following vote, to wit:
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8 Council Members: AYES NAYS ABSTAIN ABSENT
9 MARQUEZ
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10 BARRIOS in
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VALDIVIA
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SHORETT a
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14 NICKEL o
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15 JOHNSON o
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Georgeann Hanna, City Clerk
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20 The foregoing resolution is hereby approved this day of , 2015. o
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23 R. CAREY DAVIS, Mayor o
City of San Bernardino
24 Approved as to form:
GARY D. SAENZ, City Attorney
25
26 By:
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ATTACHMENT "A"
AMENDMENT NO. I TO THE STORM DRAIN DEVELOPMENT IMPACT FEE PRE-
PAYMENT AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND
THE INLAND VALLEY DEVELOPMENT AGENCY
RECITALS
WHEREAS, a Storm Drain Development Impact Fee Prepayment Agreement(the
"Agreement"),was entered into effective May,2012,by and between the City of San Bernardino,a d
charter city under the Constitution of the State of California (the "City"), and the Inland Valley ,
Development Agency, a joint exercise of powers authority formed under the laws of the State of C
California(the "IVDA"); and a
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WHEREAS, the Agreement provides that as a result of the prior funding by the IVDA of
certain public storm drain infrastructure improvements previously dedicated to and accepted by the a
City, the City may recognize credits to the IVDA which the IVDA may assign to developers, and £
specifically may assign to future projects; and =
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WHEREAS, the Agreement defines an IVDA Storm Drain Benefit Area("Benefit Area") E
based upon a review of the storm drainage facilities previously designed, constructed and installed °
by the IVDA, as set out on Exhibit "A"to the Agreement; and
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WHEREAS,the parties to this Amendment wish to amend Section 1 of the Agreement and d
Exhibit "A" to the Agreement to allow the IVDA to assign storm drain development impact fee
(DIF)credits to Hillwood for a development partially within the Benefit Area,which is served by the a,
public storm drain infrastructure improvements previously funded by IVDA and which is identified a
in the amended Benefit Area set out on Exhibit"A-1"to this Amendment. o
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NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND r
CONDITIONS AS CONTAINED HEREIN, THE PARTIES TO THIS AMENDMENT DO
HEREBY AGREE THAT THE RECITALS ABOVE ARE TRUE AND CORRECT AND AGREE E
TO AMEND THE AGREEMENT,AS FOLLOWS: a
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Section 1. Amendment of Section 1(a): Section 1(a)is amended to replace Exhibit"A"with
Exhibit"A-1": o
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In consideration of the facts recited in the Recitals above and set forth in the Agreement, and as E
further set forth in the documents and information provided to the Mayor and Common Council of the M
City at the time of approval of the Agreement by the City,the City hereby agrees that Section 1(a)of the w
Agreement and Exhibit"A"to the Agreement shall be amended so as to provide that the IVDA Storm
Drain Benefit Area shall include the revised area set forth on the map attached hereto as Exhibit"A-1".In
addition,where a project is both inside and outside the amended benefit area,the project shall be included w
within the provisions of this Agreement,as amended,when more than 50%of the square footage of that Q
project area is within the amended Storm Drain Benefit Area as set out on revised Exhibit"A-1".
Furthermore,both(i)the IVDA for development projects sponsored or proposed by the IVDA,
and(ii)all other development projects applying directly to the City for entitlements,grading permits or
building permits shall be subject to the requirements of, and compliance with, the California
4818-1197-6226.1 1
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ATTACHMENT "A" 5.K.b
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 made by the City in accordance with the
requirements of CEQA that are hereafter found to be caused by any new development activity then being
proposed within the Benefit Area as illustrated on Exhibit"A-1"to this agreement.
Section 2. Remainder of Agreement:
All other terms and conditions of the Agreement, including the Recitals, remain in full a
force and effect.
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INLAND VALLEY DEVELOPMENT a`
AGENCY
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By: a
Print Name: E
Title: Co-Chairperson
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Title: Executive Director N
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Attest: Approved as to form: E
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By: Title: General Counsel o
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Title: Clerk of the Board °
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CITY OF SAN BERNARDINO
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By: E
Print Name: Allen Parker
Title: City Manager
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ApprIs to Fo i �c-�t Q
By:
Print ai D. Saenz
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4818-1197-6226.1 2
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ATTACHMENT "1"
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San Bernardino International Airport
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Mark Raab, Acting City Engineer Q
City of San Bernardino Public Works Department ¢
300 North "D" St., 3rd Fl. °
San Bernardino CA 92418 0
Re: AMENDMENT NO.1 TO THE 2012 STORM DRAIN DEVELOPMENT
IMPACT FEE PREPAYMENT AGREEMENT BY AND BETWEEN ¢
THE CITY OF SAN BERNARDINO AND THE INLAND VALLEY o
DEVELOPMENT AGENCY M
Dear Mr. Raab:
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We have worked with Henry Empeno of the City Attorney's Office to
develop the Amendment No. 1 to the Agreement listed above, which is Q
acceptable to both of us. This amendment clarifies and expands the Benefit
Area defined in the 2012 Agreement to address a specific pending project, the F
Hillwood Gateway South project, and well as other projects that will benefit the Q
Twin Creek storm drain area. As projects begin to develop in this area, they are
required to pay storm drain development impact fees for storm drain facilities a
already constructed by IVDA; thus even though the project is outside the original
Benefit Area, it appropriately falls under the agreement. We therefore ask that
you present this .Amendment No. 1 to the Mayor and Common Council for their C.
approval at the soonest possible date. F
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On or before the date for issuance of building permits, Hillwood will °
deposit directly with IVDA, the storm drain DIF in the approximate amount of
$1.4M. IVDA will hold such funds while action on Amendment No. 1 is pending °
before the Mayor and Commons Council. Hillwood will determine the exact �
amount to be paid; upon such payment, IVDA will notify the City that it has
received the deposit so that the building permits may be released. Pursuant to 0
Section 1(b) of the Agreement, IVDA hereby assigns to Hillwood as an IVDA
Assignee a credit in the amount of fees paid.
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Again, thank you for your assistance in this matter. Please let me know if ¢
you have questions or comment.
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Very truly yours,
Michael Burrows
Interim Executive Director ¢
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1601 East 3rd Street,Suite 100 San Bernardino,CA 92408-0131 • (909)382-4100 • FAX(909)382-4106
http://www.sbdairport.com 2
A PROJECT OF THE INLAND VALLEY DEVELOPMENT AGENCY AND SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY ¢
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Tony Frossatd.Public workt oftectcjr
Michael.Grubbs, ProWt Marra or W
Henry Empere, Jr, Senior Deputy City Attorney a
Marie Persioo, Community Development Director Q
John Moopess, l+ INvood':lnvestment Propetfm �
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RESOLUTION NO. 2012-78 Q
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2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN uE:':A°.Dil`:i3 APP_001"NG AN AGREEMENT WITH r1yr.Alvn ydr.LEv a
3 DEVELOPMENT AGENCY (IVDA) FOR STORM DRAIN IMPACT FEE
PREPAYMENT. U-
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5 WHEREAS, the master-planned storm drain improvements completed by the IVDA E
are currently identified in the City's Master Storm Drain Facilities Plan, which identifies
6 storm drain improvements that are to be funded by Storm Drain Impact Fees,and
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7 WHEREAS,the IVDA's construction of said storm drain improvements at no cost to E
the City has saved the Storm Drain Impact Fee program approximately$6,584,300, and
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9 WHEREAS, the IVDA requests approval of an agreement establishing credit toward c
Storm Drain Impact Fees in recognition of their construction of various master-planned storm E
10 drain improvements at no cost to the City or the Storm Drain Impact Fee program.
11 THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON Q
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12 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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13 SECTION 1. The City Manager is hereby authorized and directed to execute the T
14 attached Agreement marked Attachment"1"and made a part hereof.
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1 SECTION 2. This Agreement and any amendment or modifications thereto shall not o
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17 take effect or become operative until fully signed and executed by the parties and no party
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18 shall be obligated hereunder until the time of such full execution. No oral agreements,
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19 amendments, modifications or waivers are intended or authorized and shall not be implied
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20 from any act or course of conduct of any party. E
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SECTION 3. The authorization to execute this Agreement is rescinded if the parties U_
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23 to the Agreement fail to execute it within ninety(90)days of passage of this Resolution. o
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2012-78
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RESOLUTION OF TRUE MAYOR AND COMMON COUNCIL OF THE CITY E
2 OF SAN BERNARDINO APPROVING AN AGREEMENT WITH INLAND VALLEY R
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"Iff"1 iry r_vwr'v rivnA'% C
MR STORM DRAIN IMPACT FEE a)
3 PREPAYMENT.
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4 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
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and Common Council of the City of San Bernardino at a joint regular meeting E
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thereof,held on the 7th day of Ma ,2012,by the following vote,to wit: o
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8 Council Members: AYES NAYS ABSTAIN ABSENT N
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12 VALDIVIA x
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14 KELLEY x
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15 JOHNSON x
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19 Georg Hanna,City Clerk o
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20 The foregoing resolution is hereby approved this^ to day of may ,2012. E
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23 Cl of San Bernardino 0
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24 Approved as to form:
JAMES F. PENMAN, in
25 City Attorney
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STORM DRAIN DEVLOPMENT IMPACT
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FEE pREPAYMENT AGREEMENT 8Y AND E
BETWEEN THE CITY OF SAN BERNARDINO AND
THE INLAND VALLEY DEVELOPMENT AGENCY
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ment A rcenient this
This Storm Drain Development lmpaut FcG )}repay g
"Agreement"), is effective as of May , 2012, and is entered into by and between the
City of San IIernardixto, a, charter city under the Constitution of the State of California(the _
"City„), and the Inland Valley Development Agency, a joint exercise of powers authority
formed under the laws of the State of California (the "IVDA"), in furtherance of defining o
certain rights and responsibilities of the parties South respect to those issues pertaining to the E
construction, installation and the prior funding by the IVDA of certain pubic storm drain c"en
infrastructure improvements as previously dedicated to and accepted by the City, and to 0
provide for the cash payments and recognition of credits to the IVDA for the advance, 4-
payment as previously made by the 1'VDA i6th respect to the City's master-planned storm
drain infrastructure improvements financed and installed by the WDA for the benelt of the E
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City. Q
RECITALS a
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WHEREAS,the parties seek to define certain commitments between the parties with °
respect to the previous financing and implementation by the IVDA for the design,
construction and installation of certain public infrastructure improvements in the form of
storm drain lines and appurtenant improvements installed by the IVDA in the vicinity of the Q
former Norton Air Force Base ("NAFB") located within the municipal boundaries of the c
City within the area identified on the attached Exhibit"A"(the"Benefit Area"); and
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WHEREAS, the City intends by the execution and delivery of this Agreement to 00
accept as the prepayment of the storm drain impact fees that otherwise would have been
payable by the XVDA,pursuant to City of San Berna lino Municipal Code Section 3.27.105, N
or their successors in interest whether by other governmental entities or private parties, for 0
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those developed properties within the Benefit Area to be in full compliance with the
provisions of the City's Development Impact Fee Program and the implementing ordinances
and resolutions ortho City as the same may be adopted,arnended or modified from tune-to- a
time,all in the manner as provided in this Agreement;and a_
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WHEREAS, the implementation of the City's Development impact Fee, Pro"n
provides for the establishment of certain local storm drain impact tees to be paid upon the o
occurrence of new development activity for which the City intends, by the execution and E
delivery or this Agreement, to provide to the IVDA recognitioil of the prepaymert by the (n
IVDA for those costs and designated storm drain infrastructure improvements as herein Q
identified in the attached Exhibit "13" to thus enable the IVDA to receive and apply credits >>
against future storm drain impact fees for properties and developments to be designated by
the IVDA for the benefit of the TVDA. and its assignees.("TVDA Assignees") within the CD
Benefit Area;and
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2012-7$
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WHEREAS. the IVDA has expended in excess of 56,584,3
infrastructure improvements within the Benefit Area as further set forth bn Exhibit "B" and E,
the IVDA further expects to expend upwards of an additional $4,681,538.00 within the Q
Benefit Area to inwtall and construct a fully integrated and compliant storm drain a
infrastructure system within the Benefit Area for the benefit of the properly owners therein
and for the benefit ofthe City;and 1-
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WHEREAS, the City is without current financial resources to undertake the design E CL
and construction and installation of storm drain infrastructure improvements and c
appurtenant facilities within the Benefit Area and seeks the cooperation of the IVDA to fully �s
fund and implement a storm drain infrastructure system master plan within the,Benerlt Area o
for the benefit of the City, E
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NO THEREFORE, IN CONSIDERATION Or, THE MUTUAL COVENANTS 0
AND CONDITIONS AS CONTAINED HEREIN, TI3E PARTIES -1.0 THIS
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AGREEMENT DO HEREBY AOREE,AS FOLLOWS: E
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Section 1. Storm Drain Em act Fee Credits and Reimbursement Pavments. a,
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(a) 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 o
City at the time of approval of this Agreement by the City, the City hereby agrees that the r
City shall establish an IVDA Storm.Drain Benefit urea. The Benefit Area is set forth on the
map attached hereto as Exhibit "A", Furthermore, both (i) the IVDA for development
projects sponsored or proposed by the IVDA, and (ii) all other development projects ¢
applying directly to the City for entitlements, grading permits or building permits shall be o
subject to the requirements of, and compliance with, the California Environmental Quality (0
Act of 1970, as amended ("CEQA"), with regard to any changes in circumstances that are
deemed to exist pursuant to findings and determinations made by the City in accordance 00
with the requirements of CEQA that are hereafter found to be caused by any new o
development activity then being proposed within the benefit Area as illustrated on Exhibit N
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(b) In recognition of the storm drain infrastructure improvements constructed E
installed by the IVDA in the Benefit Area equal to $6,584,376.00 (the "Benefit Area Credit Q
Amounf' subject to the deduction set forth in subsection (I below for a net Benefit Area '-
Credit Amount equal to $5,511,855,18) which represetits the actual construction costs and °
other related costs paid by the IVDA for the design, inspection and permitting as approved
by the City Engineer, the City hereby grants to the IVDA, and to all IVDA Assignees (as °
defined in Recitals hereto), the right of the IVDA to designate for each property owner or o
development project identified by the IVDA within the Benefit Area at the sole and absolute 0
discretion of the IVDA a credit to be granted to each IVDA Assignee that shall be approved
by the IVDA at its sole and absolute discretion in a duly executed writing from an °>_
authorizcd officer of the IVDA delivered to the City.
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2012-78
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(c) The IVDA shall maintain true and correct records containing the dollar _
amount, date, property location and name of each IVDA Assignee for which the IVDA has E,
provided a notice to the City for applying credits to reduce the Benefit Area Credit Amount. Q
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(d) In addition to the provisions of(b)above,the Benefit Area Credit Amount is
additionally subject to increase from and after the date of this Agreement based upon a u
written ,iubmittal from the IVDA to the City Engineer together with 411 applicable
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documentation, contracts and evidence of payments (the "Notice of Increased Credit E
Amount") tv verify a
rify that the presented additional master-planned. storm drain infirastructure E
improvements and their associated cost as identified in the City's Storm Drain Master
Facilities Plan and Development Impact Fee Program were constructed and installed by the °
IVDA during the term of this Agreement. The City Engineer shall have not more than E
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ninety (94) calendar days after verified receipt or personal rcceipt of each Notice. of
Increased Credit Amount to reject any item contained in such subsequent submittal by the
IVDA, and any costs not specifically rejected for cause as contained in each Notice of =
Increased Credit Amount within such ninety-day period shall be deemed approved for all
purposes pursuant to this Agreement. Thereafter, the uncontestcd dollar amoura ds �
contained in the Notice of Increased Credit Amount shall then be added to the (hen current
Benefit Area Credit Amount, Upon submittal of additional info mation as may be
reasonably requested by the City Engineer, the process set forth above shall be repeated
until the City Engineer has approved all dollar amounts set forth in tine original or any o
subsequent or amended Notice of Increased Credit Amount, or the City Engineer has not
acted within ninety (90) calendar days after receipt of such original, subsequent or amended =
Notice of Increased Credit Amount in which case all such amounts not timely disapproved
shall for all purposes of this Agreement be deemed to have been approved and added to the Q
dollar amount of the Benefit Area Credit Amount. The City Engineer shall have the right to 0
reject an expense item or to seek additional information froth the IVDA in good faith efforts M
to determine the validity of all costs of IVDA as incurred and paid for additional storm drain CO
infrastructure improvements within the Benefit Area as set forth in each Notice of Increased
Credit Amount. The increased credit amount shall not exceed the cost identified in the o
Master Facilities Plan for each facility or portion thereof that is being identified for credit. o
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(e) Nothing contained in this Agreement shall limit or preclude the City from �
increasing the storm drain impact fee payable within the Benefit Area provided that any 2
such increase in the storm drain impact fee is calculated on a City-wide basis and the IVDA a
has received prior written notice from the City of any such proposed increase in the storm o
drain impact fee prior to the consideration and final approval by the City. No such proposed
increase in the stem drain impact fee shall be applicable to the IVDA for purposes of this o
Agreement that was not approved by the City in the manner and subject to the conditions
precedent as required by this Agreement. 0
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(f) The parties recognize and agree that a certain Agreement for Deferred o
Payment of'Development Impact Fees and Imposition ai'Lien was executed by the City and >_
a developer in connection with certain proposed development within the Benefit Area on
Feb ary 14, 2012. 'fhe parties further agree that no payments shall be remitted to the City
pursuant to said Agreement for Deferred Payment of Development impact Fees and
Imposition of Lien for storm drain development but rather a full r;tedit equal to
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$1,072,520.82 shall be provided for the Storm Drain Impact Fee that otherwise would have
been paid. The dollar amount of such Storm Drain Impact Fee that otherwise would have E
been payable equal to $1,072,520.82 shall be deducted from the initial dollar amount of the a
RPniftfit Area Credit Amount available in accordance with this Agreement and the lien of the
above referenced Agreement for Deferred Payment of Development Impact Fees and °;
Imposition of Lien shall be released and said Agreement shall be automatically terminated U-
without any further action upon(i) the approval told execution of this Agreement, and (b) �
the payment by the developer to the City of$64,186,23 for Fair Share'L'raffie Impact Fees
and/Jaw Enforcement and Firc Suppression Facilities,Vehicles and Equipment Fees. E
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Section Default, of Default. °
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Failure or delay by a party to perl'orm any material term or provision of this �°
Agreement shall constitute a default under this Agreement; provided, however, that if the o
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, corrcction or remedy, a breaoh 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 Q
such notice shall not constitute a waiver of any default nor shall it change the time of
default; provided, however, the nondefaultirtg party shall have no right to exercise any o
remedy for a breach hereunder without delivering the written default notice as specified r
herein.
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Section 3. failure to Cure Remedies. a
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In the event that the defaulting party fails to commence to cure, correct or remedy a M
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, tine nondefaulting
party may(i)at its option, terminate this Agreement and/or (ii) seek any appropriate remedy N
or damages available at law or in equity. All court actions filed to seek any enforcement or
interpretation of this Agreement shall be filed solely in the Superior Court of the County of tY
San Bernardino,in the City of San Bernardino.
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Section 4, No Waiver by Failure or Delay: Cumulative Right, �-
(a) Any failure or delay by either party in asserting any 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. E
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(b) The rights and remedies of the parties as set forth in Sections 2,3,4 and 5 are o
cumulative and the exercise by either party of one or more of such rights or remedies shall >
not preclude the exercise, at the same or dilYerent times, of any other rights or remedies far
the same default or any other default by the defaulting party.
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Section . Enforceabilitaf Agreement. v
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This Agreement shall be deemed to be an enforceable agreement by and between the a
nsirties he-re.tb, Either of the parties may bring such legal or wuitable action as may be a
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 u
ally provision hereof shall be entitled to receive from the party against which enforcement is
sought all costs associated with such successful actions including all attorney's fees, costs E
and other expenses. The costs, salary, and expenses of the City Attorney and members of E
his staff shall be considered attorneys fees for the purposes of this Agreement.
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Section 6. Notices. E
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All notices to be given under this Agreement shall be in writing and shall be o
delivered personally, by Federal Express or other similar overnight courier or express c
delivery service or by certified or registered linited States Mail, return mccipt 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 Q
Agreement shall be effective upon delivery or refusal to wxept delivery, if delivered ¢
personally, one (1) calendar day alter deposit with Federal Express or other similar
overnight courier or express delivery service, and iwa (2) calendar days after mailing, if o
delivered by certified or registered United States Mail.
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Notices to the TVDA shall be sent to the following address:
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Inland Valley Development Agency CO
1600 E.Third Street M
San Bernardino,California 92408
Attention: Executive Director r°
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With a copy to: Lewis Brisbois Bisgawd&Smith LLP N
650 E.Hospitality Lane,Suite 600
San Bernardino,California 92408
Attention: Timothy 3, Sabo
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Notices to the City shall be sent to the following address:
Cit;v Manager
City of San Bernardino a
300 North"D" Street,60 Floor C .
San Bernardino,California 92418 0
With a copy to: City Attorney
City of San Bcrosrdino
300 North"D"Street, 6`h Floor
San Bernardino,Califorra 42418 E
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Each party shall promptly notify the other parties of any change or changes of E
address to which notices shall be sent pursuant to this Agreement.
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Section 7. Entire Agreement.
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This Agrecment by and between the 1VDA atld the City represents the sole
agreements of the parties regarding the matters addressed herein that exist as of the date E
hereof.
Section 8. Governing Law,Invalidity of Any Provision ofAgreement. o
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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 o
or unenforceable as among the parties,the remaining pro-visions shall continue in full force
And effect. E
Section 9. No Third Party Beneficiary_.
_ Q
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 o
hereto except to the extent the IVDA designates an IVDA Assignee pursuant to section I
hereof No other governmental entity or private party, person, property owner, partnership o
or corporation shall at any time have any rights .pursuant to this Agreement or the actions
intended to be taken by the parties hereto unless designated as an IVDA Assignee, Q
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Section 10. Amendments.
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This Agreement may only be amended, changed, modified or altered by a writing r00
signed by all of the parties and approved by the respective governing boards thereof in the
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manner as required by applicable law. N
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Section 11. Term of A Bement. �
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(a) The term of this Agreement shall commence upon the f1Yll execution hereof Q
by the parties and for all purposes pursuant to this Agreement shall be the date set futtlt in
the introductory paragraph of this Agreement. This Agreement shall be in effect for a °
period of not less than twenty(20)years from and after the date of'this Agreement and shall
terminate and be of no further farce and effect as of April 1,2032, unless the parties to this
Agreement have duly executed an arnendment to this Agreement specifically extending the o
time for performance of the terms and provisions as set forth herein;provided,however,that N
the IVDA shall have the right to utilize the full amount of the unused Benefit. Area Credit o
Amount then remaining from and after any such termination for properties and 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. r
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(b) The patties agree that on and after April 1,2022, and through and including. E,
April 1, 2032, either party to this Agreemmcnt may give written notice to the other party to a
�Vn4 a rayi r �f t e- tnmgress of ibe. de-ve-lopmew wlth} the Benelyt Area to determine
a.
whether any modifications should be considered by the parties as an amendment to this CD
Agreeyment. Based upon such review either party shall have the right 10 submit to the other u-
party writtcn recommendations, if any, as to the matuier in which this Agreement may be
modified by the mutual consent al'the governing bodies of the pasties to this Agreement E
each at their sole discretion whether to approve any proposed amendment to this Agreement. E
No amendment or modification to this Agmernent shall be effective unless approved by the
parties in the manner required in Section 10. °
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Section 12, Execution ufA regiment. ut
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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 both 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 Q
law. o
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STORM DRAIN DEVELOPMENT IMPACT E
FEE PREPAYMENT AGREEMENT BY AND a
BETWEEN THE CITY OF SAN BERNAR.DINO AND
THE INLAND VALLEY DEVELOPMENT AGENCY �
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INLAND VALLEY DEVELOPMENT AGENCY E
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Attest: CrJ7'�t,'t` l � � E
(SEAL) a
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By: >>_
Kell o
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Approved as to form: Q
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Approved as to form:
BY: E
J l�. Penman, City Attorney
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MINUTE ORDER
OF THE
INLAND VALLEY DEVELOPMENT AGENCY E
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1, Kelly Berry,Clerk of the Board ol'tbe lliland Valley Development Agency (IVDA),do hereby n.
certify that at a Regular meeting of the IVI3A Beard held Wednesday, March 28, 2012, the U-
NDA Board considered Agenda Item No. 10 in the form of Exhibit "A" attached hereto and
made a part hereof as though fully set forth. A certified copy of the approved minutes of the a
March 28, 2012, Regular meeting of the IVDA Board is attached hereto as Exhibit "B" and E
made a part hereof as though fully set forth.
❑
I further certify that the action set forth below was duty and regularly taken by the Inland Valley
Development Agency Berard at said meeting, and that it is a full,Me, and correct reiteration of o
said action wbieh has not been amended or repealed. o
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I, BOARD DISCUSSION ITEMS
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Item # 7 --- Approve the Form of a Storm grain Development Impact Fee
a
Prepayment Agreement with the City of San Bernardino Q
ACTION: Approve the Form of a Storm Drain Development Impact Fee Prepayment
Agreement with the City of San Bernardino, subject to Technical and Conforming °
Changes as approved by Counsel; and Authorize the Executive Director t7r his Designee
to Execute said Agreement and all Related Documents.
a
Motion: Counoilmember Vincent Yzguirre o
Secor:d: Councilmomber Ronald Dailey M
Aye. CounciltYnember Susan M.Oliva
Aye: Councilmember Phill Dupper ti
Aye: Supervisor Josie Gonzales r
Aye: Mayor Patrick J.Morris N
Aye: Councihmember Fred Shorett °
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Aye: Councilmember Rikke Van Johnson
Absent: Supervisor Neil berry E
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Motion carried.
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This Minute Order is executed as of the O1 day of August, 2012.in San Bernardino,California. o
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V ey evelop t A eney
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EXIMBIT"A"
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Staff:'Report for Agenda item No. 10 E
Presented to the 1VDA Board March 28,2012 a
(a total of nine pages)
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TO: Inland Valley Development Agency Board d
cF '= DATE: March 28,201.2
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`ter ITEM NO: 10
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PRESENTER: Michael Burrows,Assistant Director
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SUBJECT: APPROVE THE FORM OF A STORM DRAIN DEVELOPMENT IMPACT FEE o
PREPAYMENT AGREEMENT WITH THE CITY OF SAKI BERNARDINO
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SUMMARY Q
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Approval of this proposed agreement will provide the inland Valley Development Agency with a bank of >
credits against future local storm drain fees which tuay be allocated to development projects within the o
1V.DA Project Area at the discretion of IVDA.
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RECOMMENDED ACTION( E
Approve the Forth of a Storm Drain Development Impact Fee Prepaymen Agreement with the City of
Satz Bernardino, subject to Technical and Conforming Changes as approved by Counsel; and Authorize
the Executive Director or his Designee to Execute said Agreement and all Related Documents, 00
N
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FISCAL IMPACT N
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The proposed Agreement will provide the Inland Valley Development Agency Ath a bank of credits
against future local storm drain fees which may be allocated to development projects within the TVDA
Project Area at the discretion of IVDA. These credits are provided based on acknowledgment of Q
$5,511)855.18 as a credit against previously constructed public storm drain facilities by tb* IVDA, a_
Addttionat credits may be obtained through implementation of additional similar infrastructure projects E
by the IVDA pursuant to the terns or the proposed Agreement.
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MPAREa BY: Mike BwTows
CERTIFIED AS TO AVAILABILITY OP FUNDS: Gary S'ilvius <(
APPROVED AS TO FORM AND LEGAL CONT1?NT-. Timothy J. Saba >
FINAL APPROVAL: A.J. Wilson
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BACKGROUND INFORMAT1�7N
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implementation of the City's Development Impact Fee calculations provides for the
establishment of certain local storm drain acreage fees to be paid upon the occurrence of new
development activity. By the execution and delivery of this Agreement, the City of San
Bernardino agrees to provide to the IVDA recognition of the prepayment by the IVDA for those Q
costs and designated storm drain infrastructure improvements as herein identified in the attached E
Exhibit "B" to the Agreement, This will thus enable the IVDA to receive and apply credits S
against future storm drain acreage fees for properties and developments to be designated by the o
IVDA for the benefit of the IVDA and its assignees ("1VDA Assiguees'� within the Benefit E
Area. If additional storm drain work is completed by the IVDA at a latex date,the IVDA will be �°
granted additional credits by the City of San Bernaz�dixla against storm drain acreage fees at the o
same rate as paid by new development Ea such time other than by the IVDA and the IVDA
Assignees and collected by the City within the Benefit Area from and after the date of this
Agreement.
L
The IVDA has expended in excess of$6,584,375.00 on storm drain infrastructure improvements Q
within the Benefit Area as further set forth on Exhibit "B" of the ptoposed Agreement. The
IVDA further expects to expend upwards of an additional $4,681,53$.00 within the Benefit Area o
to install and construct a fully integrated and compliant storm drain infrastructure system within
the Benefit Area for the benefit of the property owners therein and for the benefit of the City.
E
This Agreement shall be in effect for a period of not less than twenty (20) years from a.Dd after Q
the date of this Agreement and shall terminate and be of no further force and effect as of April 1, C�
2032. on and after April 1, 2022, and through and including April 1,2032, either party to this M
Agreement may give written notice to the other party to seek a review of the progress of the
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development within the Benefit Area to determine whether any modifications should be N
considered by the parties as an amendment to this Agreement. o
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T e Benefit Area Credit Amount is additionally subject to increase from and after the date of this
Agreement based upon a written submittal from the IVDA to the City Engineer together with all 1
applicable documentation, contracts and evidence of payments (the "Notice of Increased Credit E
Amount")to verify that the additional storm drain infrastructure improvements were constructed a
and installed within the Benefit Area by the IVDA during the term of this Agreement. o
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Future development in the IVDA Project Area will be subject to the City's other development o
impact fees where applicable_ E
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The subject Storm Drain Development Impact Fee Prepayment Agreement has not yet been Q
approved by the Mayor and Common Council of the City of San Bernardino. It is anticipated o
that this agreement would be considered during the month of April, 2012. This Agreement is
very similar to the prior 2006 agreement between the IVDA and the City of San Bernardino
regarding credits for traffic impact fees. E
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Hillwood Development Services has commenced construction of an approximate IM square foot E
building in Southgate and was required to enter inlo a Storm Drain Deferral Agreement with the
City of San Bernardino. Upon approval of this.Agreement, a reduction in the available credit
amount will be reduced by approximately $1M to relieve this first project of payment Of the a
storm drain at;reage fee. U-
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Staff'reconmends that the Board approve the above recommended action_
Attachments: is
I. Form of Stonn Drain Development Impact Fee Prepayment Agreement o
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EXHIBIT "B"
Certified copy of the approved minutes
of the March 28,2412,Regular meeting E
of the IVDA Board �.
{a total c)f nine pages) L
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l:lAgenda'h4ittuusVvGhut¢OcderJW1Nkr rF ORDER W2512_ltccnND10,4 w
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INLAND VALLEY DEVELOPMENT AGENCY
REGULAR MEETING BOARD ACTIONS �
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W1EDNESDAY,MARCH 28,2012—2:44 P.M. (Closed Session,if any >
3.34 P.M.(Open Session) a
MAIN,AUDITOFJUM--Morton Regional went Center-- 1601 East Third Strect, San Bernardino,CA
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A regional joint powers Authority dedicated to the reuse of Norton Air Force Banc for the economic benefit of the v)
East Valle 0
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Board Members E
Ci of Colton
Councihnember Susan M.Oliva Present Q
Councilmem1wVincent Yzaguirm Present o
o an session and >
lYta ar Sarah S. arr►ora alt Absent
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Ci of Kato.Linda
Mayor p2 tern re Ovidiu Pa scu Absent E
Councilmcmber Ronald Dailey Present C)
oined closed session 3:1 RPM
Councilmember Mill Du r alt Present
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County of San Bernardino
Su iscx 3osia Gonzales,Cc-Chair Present N
Supervisor Neil Derry Present y
en session 4;42PM tY
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CLq of San Bernardino a
Mayor Patrick J.Morris,Co-Chair Present �-
Councilmember Rikke Van rohnson Present
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Councilmember Fred Showtt Present f°
oined closed session 3;1$P
CouncHimeinber Vir itiia M uez alt Absent E
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Staff Members
A.L. Wilson Interim..Executive Director 'Michael Burrows,Assistant Director a
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Alex Estrada,Director of Redevelopment and Gary Silvius, Interim t ector of Finance >
Trans ortatian
'timothy J.Sabo,Legal Counsel Kelly Berry,Director of Information Services/ E
Lewis Brisbois Bis ward&Smith LLP Clerk of the Board
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'Regular Meeting Board Actions IVDA
March 28,2012
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The Regular Meeting of the Inland Valley Development Agency was called to order by Co-Chair Josie E,
Gonzales at approximately 2:20 p.m. on Wednesday, March-28, 2012, in the Main Auditorium of the C
Norton Regional Event Center, 1601 East Third Street,San Bernardino,California. a
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Cc-Chair Josie Gonzales recessed to closed session at 2:2{} p.m. Ms. Timothy J. Sabo, Lewis Brisbois
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Bisgaard&Smith,LLP, read the closed session itetvs as posted an the Agenda.
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A, CALL TO ORDER l ROLL CAU E
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Roll call was duly noted and recorded. °
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B. CLOSED S PIMUC COMM NT
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There were no closed session public comments.
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C, CLOSED&SSION
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a. Conference with Legal Counsel Pursuant to Cxovernment Code Section 54956.9(c) — Q
possible initiation of litigation — one ease potentially involving John Chiang, California
State Controller; Ana J.Matosantos, Director of the California Department of Finance.
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FD, REPORT ON CLOSP ISION 0
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The meeting,reconvened at approximately 3:56 p.tn. Co-Chair Josie Gonzales asked Mr.Timothy J. Saba, o
Lewis Brisbois Bisgaard & Smith LLP, if there were any reportable items. Mr. Sabo announced the M
Commission had taken the following action during closed session, by unanimous vote of those in
adendan": Gonzales,Johnson,Dupper, Oliva,Shorett, Dailey. N
ACTiQl'!I; Authorize the filing of litigation versos the State of California, the State Controller, the N
Department of Finance and the County Auditor-Controller to seek declaratory relief and 0
4unctive relief as to watters pertaitting to the Inland Valley Development Agency (IVE)A) �
and the implementation of ABx 126.
RESULT: ADOPTED JUNANTINIOUSI a
MOTION/SECOND! Derry/Morris °
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E. TTEMS To RE ADDED OR DELETED E
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There were no items to be added or deleted.
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-Regular Meeting Donrd Actions FVDA
March 28,24.12
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. CONFLICT IN�'>�l�' T DISCLOSURE
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I, Co-Chair Josie Conzales stated Board members should note the item(s) listed which might a
require member abstentions.
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Supervisor Gonzales declared a conflict on Agenda Item No 12. Councilmember fired
Shorett declared a confine on Agenda Item No. 13. E
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G, INF RMALTIONAL ITEMS
Mr. A.J. Wilson,Interim FJxecutive director,presented the following informational items. E
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2. Informatiotw Items 2
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a. Executive Director's Report
b. Norton Air Force Base Muscuni Update E
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Supervisor Neil Merry arrived at approximately 4:02 p.m., during the discussion of Agenda a�
Item No. 2. a
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FH. $OARD CONSENT ITEMS r
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3. Authorize Staff to Advertise a Notice inviting Bids for the Construction of Phase I of the E
Mt. View Bridge from Palm Meadows/Central Avenue to San Bernardino Avenue; and ..
Ph=I I of Road Improvememts from San Bernardino Avenue to the I-10 Freeway (.0
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4. Approve Meeting Minutes of Mardi 14, 2012
ACTION: Approve Agenda Item Nos. 3 and 4 of the Consent Calendar. N
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RESULT; ADOPTED [UNANIMOrUSI o
MOTION/SECOND: Morris/Dupper
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I. BOARD ACTTON ITEMS a
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5. Authorize Certain Appointments to the Oversight Board for the Inland Valley Development ra
Agency,as May Re Required by ABX1 26
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Mr. A.J. 'Wilson, Interim Executive Director, presented a proposed revised action for o
Agenda Item No.5. Cf)
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Regular Mecting Board Actions IVJ)A
Mauch 28,2012
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ACTION: The following findings and actions are approved by the IVDA Board of Directors to allow ;,
for compliance with AB 26 under protest that the act does not apply to IVDA in that the
IVDA was not formed as a mdevelopmernt agency tbrough the adoption of an ordinals by a
(i)a city, (ii)a county or(iii)a joint power authority.
1. The term "employees of the former redevelopment agency" is hereby determined to
mean any currently or formerly employed IVDA employee. Q
2. The co-chair's of the IVDA Beard are hereby authorized to make such employee E
appointment. c°
3, Pursuant to Health & Safety Code Section 34179(a)(9) that said Section shrill apply E
rather than Section 34179(x)(2) on the basis that the City of San Bernardino is the largest o
member jurisdiction of the IVDA by acreage located in the territorial jurisdiction of the
IVDA which territorial jtat�i.sdiction is hereby determined to be defined as the IVDA
Redevelopment Project Area. Said appointment shall be by action of the Mayor of the City a
of San Bernardino, rather than the city forming the agency. E
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RESULM ADOPTED [UNANIMOUS]
MOTION/SECOND, ShorettfDailey o
6. Adopt a Recognized Obligations Payment Schedule (ROPS) for the Inland Valley
Development Agency, Subject to the Approval of the Oversight Board,as May Be Required Q
by A8X1 26
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A handout regarding Agenda Item No. 6 was provided to the Board members, staff' and M
members of the public. 00
A discussion ensued regarding obligation of funds and necessity for approval of the BOPS N
at this time as well as the purpose of the ROPS in light of the pending appeal approved N
during closed session (See Section D. above.), with Mr. A.3. Wilson, Interim Executive N
Director,noting the amounts reflected in the RAPS were set forth in the approved budget for
2011-2012. r
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It was the consensus of the Board that this item be brought before the IVDA Board at the Q
next meeting for further discussion, questions and amendments, if necessary. At the �-
rccommendation of Legal Counsel,two separate motions were considered. °
ACr, TIM: Adopt a Recognized Obligations Payment Schedule (RODS) for the Inland Valley o
Development Agency as may be required by ABXI 26, subject to the approval of said draft
ROPS by the Oversight Howd of the IVDA; and authorize staff to submit said BOPS to the o
State of California and other appropriate agencies. �
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RESULT: ADOPTED TED(UNANIMOUS] d
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MOTION/SECOND: MorrislYzagt►irree �
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Regular Meeting Board AWons IVDA
March 2$,20
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ACTION: Agendize far further discussion, questions W amendments, if necessary, the Recognized Q
Obligations Payment Schedule(BOPS) for the Wand Valley Development Agency (IVDA)
at the next regular meeting of the iVDA Board. o-
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RESULT: ADOPTED [UNANIMOUS) E
MOTION/SECOND: MorrislYzaguhree
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7. Adopt Resolution No. 2012-07 of the lnlmd Valley Development Agency (IVDA) o
Authorizing Investment of Monies in the Local Agency Ittvestmcnt Fund(LAIF) +1
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ACTION: Adopt Resolution No. 2012-07 of the Inland Valley Development Agency (IVI)A) ,°
Authorizing Investment of Monies in the Local Agency Investment Fund(I,.AIF). �
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USULT: ADOPT ED [UNANIMOUS a
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MOTIONISECOND: Showtt/Johnson Q
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8. Approve a Payment to San Bernarditnv County Transportation Authority (Authority) for o
Shared Participation in Fun&ng of the Reconstruction of Interstate 1blTippemioe Avenue
Interchange Improvement Project in an Amount Not to l xwod$500,000
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A handout regarding Agenda Item No. 8 was provided to the Board members, staff and E
members of the public. It was noted that the handout replaced pages 074 through 479 of the
agenda packet,which are to be disregarded.
it was the consensus of the Huard that future reports include total commitment of funds by
the IVDA,payments made against the commitment,and the balance of funds remaining. r'o-
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ACTION: Approve a Payment to Satz Bem"no County Transportation Authority (Authority) for N
shared participation in ftmding of the reconsttttction of Interstate 1d/Tippecanoe Avenue o
Intetchange Improvement Pmject in an amount not to exceed 5500,000. �
RESULT: ADOPTED [UNANI.1IOUSJ a,
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MOTIONISECOND: DaiteylShorett U-
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W.Regular Meeting Boars! Actions IVDA
NU rch 28,2012
9. Authorize Certain Capital Expenditures of the Intend Valley Development Agency
Supervisor Neil Derry left the meeting during the discussion of Agenda Item No. 9,and did 2
not return to the meeting, °-
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A discussion ensued regaxding the obligation of$4,248,000 as noted on page 073 of the LL
IVDA Agenda packet(relative to Agenda Item No. 8)and the$6,2GOoOOQ budgeted amount
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rioted in the table on page 084 of the IVDA Agenda packet(relative to Agenda Itern No. 9). E
It was clarified thu the balance of the funds pertains to additional design work for another �
portion of Tippecm ae that the IVDA is not engaged with at this time, located on the cast
side of Tippecanw Avenuo that has not yet been designed so we have allocated some funds
to complete that design. o
it was the consensus of the Board that a sub-account be created in the budget for the cL
Tippecanoe Avenue budgoted funds that are not directly related to the I-10 Tippecanoe °
Interchange. Q
It was the further consensus of the Board that the matter before them would be considered,
and that the minutes of the rTteeting should set forth a revised table delineating the funding
differences between the I-10 Tippecanoe Interchange funds and the Tippecanoe Avenue Q
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funds. o
Accordingly, set forth below is a revised tab]t(the original table was set forth on page 084 o
of the original IVDA Agenda packet). r
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a:�.\�Cl..�i.y_:e.,<..�.1'..'.,:_•_:•?.: .F.^Y1�' n"v..0':x.�:_-i'yS.J_%::' - ....?}��_.a:'•:. ..V.y.j __ •wA"i•?
ML view Briagt{5862} Bond Proceeds $20,ptltt,000 July,2013 Q
1-10 Tippecanoe Inte�rchaR a Bond
5863) $ ProceedsfCMB Loan $4,248,000 2016 M
proceeds co
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Tippecanoe Avenue'(5863) Bond Pipo ds $1,952,000 2017
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Sheriffs Hangar(5881) Band Proceeds $9,640.000 2014 o
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and 511 Stet 3m vements
{5887} Bond Proceeds $12,504,000 2014 �
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General Aviation Infrastructure Bond a'
{5869} Proce�edsXMB Loan $7,4(!0,004 2015 Q
Proceeds
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ACTION, Authorize Certain Capital Expenditmes of the Inland Valley Development Agency (IVDA) E
as set forth in the IVDA Capital Projects Fund for Fiscal Year 2011112; and.Authorize the o
Chief Financial Officer to release funds on a course of designlconstruction basis. Q
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RESULT- ADOPTED >
M0110NISECOND: Dailey/Johnson �
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ASSENT- I?erry X �
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Regular M.ieeting Board Actions 1'VDA
March 28,2012
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10. Approve the Form of a Storm Drain Development Impact Fee Prepayment Agreement with a
the City of San Bernardino
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ACTION: Approve the Font of a Storm Drain Development Impact Fee Prepayment Agreement with
the City of Sari Bernardino, subject to Technical and Conforming Changes as approved by u-
Counsel; and Authorize the Executive Director or his Designee to Execute said Agreement CZ
and till Related Documents. E
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RESULT: ADOPTED
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MOTION/SECOND: YzaguirreJDailey E
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ABSENT: Derry °
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1 1. Approve Award of Contract to Cordoba Corporation in an Amount Not to Exceed. $55,697 =
for a Comprehensive Downtown Traffic Study for the Groundwater and Liquefaction
Mitigation Master Plan, Pursuant to U. S. Department of Commerce Economic �
Development Administration(EDA)Grant No.07-49-06138, Subject to EDA Approval Q
ACTIt)N: Approve Award of Contract to Cordoba Corporation in an amount not to exceed$55,697.04 0
for a Comprehensive Downtown Traffic Study for the Groundwater and Liquefaction >_
Mitigation Master Plan; Pursuapt to U.S.Department of Commerce Econotrtic Development °
Administration (EDA) Grant No. 07-44.06138, Subject to EDA approval; approve a �
cantinKcncy budget in an amount not to exceed $5,569.00; and authorize the Executive a
Director-or his designee to execute all necessary documents.
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INSULT: ADOPTED
MOTIONISECON'D: YzaguinWoliva
ABSENT: Derry N
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Prior to the discussion of and voting on Agenda Item No. 12, Supervisor Josie Gonzales declared a conflict
and left the meeting. fro-Chair Patrick 1. Morris chaired the meeting at this point.
12. Approve Amendment No. 2 with Ludwig Engineering, Inc., io an Amount Not to Exceed Q
$44,850 for Additional Design, Engineering, and Inspection Services Associated with the
Third Street Drainage Culvert Replacement Project o
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ACTION: Approve Amendment #02 with Ludwig Engineering Inc., in an amount not to exceed
$40,850 for additional design, engineering, and inspection, services associated with the E
Third Street Drainage Culvert Crass-ing Replacement Project, Pursuant to U.S Department o
of Commerce Economic Development Adrninistration-(EDA)Grant No.07-49-06555. N
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RESULT: ADOPTED >>_
MOTi;ON/SECOND: Dupper/Johnson
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ABSENT: Jerry,Gonzales ,�,/� E
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Regular Meeting Board Actions IVDA
March 28,2412
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,Auer the discussion of and voting on Agenda Item No. 12, Supervisor dosie Gonzales returned to the
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meeting. Supervisor Gonzales chaired the meeting at this point.
Prior to the discussion of and voting on Agenda Item No, 13, Councilmernber Fred Shorett declared a U'-
conflict, left the meeting and did not retwrn. Councilmemher Vincent Yzaguirre left the meeting prior to u
the discussion of and voting on Agenda Item No. 13,and did not returns.
11 .Approve Award of Contract to Inland Regional Economic Development Corpomdon in an c
Amount Not to Exceed $30,000 for the Preparation of a Comprehensive Economic o
Development Strategy(CEDS) E
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Mr. Frank Reyes, Executive Director, Arrowhead Region al Medical Center (ARMC) in
Foundation, gave a brief statement in support of Agenda item No. 13. L
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ACTION". Approve Award of Contract to Inland Roglonal Economic Development Corporation �
(IREDC) in an amount not to exceed $34,000 for the preparation of a Comprehensive E
Economic Development Strategy(CEDS);Appropriate a Contingency Budget in an amount �
not to exceed $3,000; and authorize the interim Executive Director or hiis designee to a
execute all necessary documents. Q
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RESULT: ADOPTED o
MOTIONISECOND.- O iva/Joluison
ABSENT: Derry,Shorett, Yz..aguirre,
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14. Approve Notice of Completion for ACR Buildings, Inc., for the Construction of Certain c)
Tenant Improvements to Building No. 48 (Norton Regional Event Center), and Authorize
the Release of Retention for this Project co
ACTION: Approve a Notice of Completion for ACR Builders Inc. in an Amount not to Exceed r
$325,010.00 for the Re-Bid of the Construction of Certain Tenant.Improvemonts to Building N
No. 48 (Norton Regional Event Center); and Authorize the Release of Retention for this
Project. W
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RESULT: ADOPTED Q
MOTION/SECOND: MorrWOliva
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ABSENT: Derry, Shorett, Yzaguirre
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J. ADDED al)DEVERIMI)ITEMS o
'Where were no added or deleted items.
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'Regular Meeting Board Attions
March 2$,21112
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K. OPEN 5�►1UN YUBL,IC CO ENT L-
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There were no public comments. u
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ADJOURNMENT E
There being no further businesa before the Board at this session, Co-Chair Josie Gomles de cared the
meeting adjourned at approximately 5:06 p.m. o
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Approved at an Adjourned regular Meeting of the Inland Valley Development Agency Board on w
Wedaestlay,April•8,2012. _
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OW al tt,n arigkgl now on the In my OWN*
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STORM DRAIN DEVELOPMENT IMPACT a
FEE PREPAYMENT AGREEMENT BY AND
BETWEEN THE CITY OF SAN BERNARDINO AND
THE INLAND VALLEY DEVELOPMENT AGENCY „'
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This Storm Drain Development Impact Fee Prepayment Agreement (this E
"Agreement"), is effective as of , 2012, and is entered into by and between the =
City of San Bernardino,a,charter city under the Constitution of the State of California(the o
"City"), and the Inland Valley Development Agency, a joint exercise of powers authority E
formed under the laws of the State of California(the"IVDA"), in furtherance of defining o
certain rights and responsibilities of the parties with respect to those issues pertaining to the
construction, installation and the prior funding by the IVDA of certain public storm drain o
infrastructure improvements as previously dedicated to and accepted by the City, and to
provide for the cash payments and recognition of credits to the IVDA for the advance
payment as previously made by the IVDA with respect to the City's master-planned storm E
drain infrastructure improvements financed and installed by the IVDA for the benefit of the
City. Q
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RECITALS >>_
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WHEREAS,the parties seek to define certain commitments between the parties with r
respect to the previous financing and implementation by the IVDA for the design,
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construction and installation of certain public infrastructure improvements in the form of
storm drain lines and appurtenant improvements installed by the IVDA in the vicinity of the Q
former Norton Air Force Base ("NAFB") located within the municipal boundaries of the o
City within the area identified on the attached Exhibit"A!'(the`Benefit Area");and ti
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WHEREAS, the City intends by the execution and delivery of this Agreement to ti
accept as the prepayment of the storm drain impact fees that otherwise would have been N
payable by the IVDA,pursuant to City of San Bernardino Municipal Code Section 3.27.145, N
or their successors in interest whether by other governmental entities or private parties, for o
those developed properties within the Benefit Area to be in full compliance with the
provisions of the City's Development Impact Fee Program and the implementing ordinances �
and resolutions of the City as the same may be adopted, wrlended or modified from time-to- E
time,all in the manner as provided in this Agreement;and Q<'
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WHEREAS, the implementation of the City's Development Impact Fee Program o
provides for the establishment of certain local storm drain impact fees to be paid upon the
occurrence of new development activity for which the City intends, by the execution and o
delivery of this Agreement, to provide to the IVDA recognition of the prepayment by the E
IVDA for those costs and designated storm drain infrastructure improvements as herein o
identified in the attached Exhibit"B"to thus enable the IVDA to receive and apply credits in
against future storm drain impact fees for properties and developments to be designated by Q
the IVDA for the benefit of the IVDA and its assignees ("IVDA Assignees") within the >
Benefit Area;and
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Storm_Dra1n_D1F_Prcpay Agent-04-2312
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WHEREAS, the IVDA has expended in excess of$6,584,376.00 on storm drain C
infrastructure improvements within the Benefit Area as further set forth on Exhibit"B"and
the rVDA further expects to expend upwards of an additional $4,681,538.00 within the
Benefit Area to install and construct a fully integrated and compliant storm drain ti
infrastructure system within the Benefit Area for the benefit of the property owners therein
and for the benefit of the City;and
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WHEREAS, the City is without current financial resources to undertake the design =
and construction and installation of storm drain infrastructure improvements and a
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appurtenant facilities within the Benefit Area and seeks the cooperation of the IVDA to fully E
fund and implement a storm drain infrastructure system master plan within the Benefit Area o
for the benefit of the City. to
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NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
AND CONDITIONS AS CONTAINED HEREIN, THE PARTIES TO THIS m
AGREEMENT DO HEREBY AGREE,AS FOLLOWS: 4)
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Section l. Storm Drain Impact Fee Credits and Reimbursement Payments. <t
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(a) 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 o
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City at the time of approval of this Agreement by the City,the City hereby agrees that the —
City shall establish an IVDA Storm Drain Benefit Area, The Benefit Area is set forth on the ='
map attached hereto as Exhibit "A'. Furthermore, both (i) the IVDA for development
projects sponsored or proposed by the IVDA, and (ii) all other development projects Q
applying directly to the City for entitlements, grading permits or building permits shall be
subject to the requirements of, and compliance with, the California Environmental Quality r.
Act of 1970, as amended("CEQA"), with regard to any changes in circumstances that are
deemed to exist pursuant to findings and determinations made by the City in accordance 00
with the requirements of CEQA that are hereafter found to be caused by any new c�
development activity then being proposed within the Benefit Area as illustrated on Exhibit N
"A". o
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(b) In recognition of the storm drain infrastructure improvements constructed
installed by the IVDA in the Benefit Area equal to $6,584,376.00(the`Benefit Area Credit
Amount" subject to the deduction set forth in subsection (0 below for a net Benefit Area Q
Credit Amount equal to $5,511,855.18) which represents the actual construction costs and �!-
other related costs paid by the IVDA for the design, inspection and permitting as approved
by the City Engineer, the City hereby grants to the IVDA, and to all IVDA Assignees (as
defined in Recitals hereto), the right of the IVDA to designate for each property owner or p
development project identified by the IVDA within the Benefit Area at the sole and absolute E
discretion of the IVDA a credit to be granted to each IVDA Assignee that shall be approved o
by the IVDA at its sole and absolute discretion in a duly executed writing from an
authorized officer of the IVDA delivered to the City. p
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(c) The IVDA shall maintain true and correct records containing the dollar w
amount,date,property location and name of each IVDA Assignee for which the IVDA has a.
provided a notice to the City for applying credits to reduce the Benefit Area Credit Amount.
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(d) In addition to the provisions of(b)above,the Benefit Area Credit Amount is M
additionally subject to increase from and after the date of this Agreement based upon a g'
written submittal from the IVDA to the City Engineer together with all applicable E
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documentation, contracts and evidence of payments (the "Notice of Increased Credit
Amount") to verify that the presented additional master-planned storm drain infrastructure °
improvements and their associated cost as identified in the City's Storm Drain Master L_
Facilities Plan and Development Impact Fee Pregram were constructed and installed by the N
IVDA during the term of this Agreement. The City Engineer shall have not more than L
ninety (90) calendar days after verified receipt or personal receipt of each Notice of °
Increased Credit Amount to reject any item contained in such subsequent submittal by the
IVDA, and any costs not specifically rejected for cause as contained in each Notice of E
Increased Credit Amount within such ninety-day period shall be deemed approved for all
purposes pursuant to this Agreement. Thereafter, the uncontested dollar amount as Q
contained in the Notice of Increased Credit Amount shall then be added to the then current ¢
Benefit Area Credit Amount. Upon submittal of additional information as may be
reasonably requested by the City Engineer, the process set forth above shall be repeated
until the City Engineer has approved all dollar amounts set forth in the original or any °
subsequent or amended Notice of Increased Credit Amount, or the City Engineer has not
acted within ninety(90) calendar days after receipt of such original,subsequent or amended
Notice of Increased Credit Amount in which case all such amounts not timely disapproved E
shall for all purposes of this Agreement be deemed to have been approved and added to the
dollar amount of the Benefit Area Credit Amount. The City Engineer shall have the right to C)
reject an expense item or to seek additional information from the IVDA in good faith efforts
to determine the validity of all costs of IVDA as incurred and paid for additional storm drain
infrastructure improvements within the Benefit Area as set forth in each Notice of Increased ;
Credit Amount. The increased credit amount shall not exceed the cost identified in the
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Master Facilities Plan for each facility or portion thereof that is being identified for credit. N
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(e) Nothing contained in this Agreement shall limit or preclude the City from
increasing the storm drain impact fee payable within the Benefit Area provided that any
such increase in the storm drain impact fee is calculated on a City-wide basis and the IVDA 0
has received prior written notice from the City of any such proposed increase in the storm <
drain impact fee prior to the consideration and final approval by the City. No such proposed m
increase in the storm drain impact fee shall be applicable to the IVDA for purposes of this
Agreement that was not approved by the City in the manner and subject to the conditions
precedent as required by this Agreement. °
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(f) The parties recognize and agree that a certain Agreement for Deferred °
Payment of Development Impact Fees and Imposition of Lien was executed by the City and
a developer in connection with certain proposed development within the Benefit Area on °
February 14,2012. The parties further agree that no payments shall be remitted to the City >
pursuant to said Agreement for Deferred Payment of Development Impact Fees and
Imposition of Lien for storm drain development but rather a full credit equal to E
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$1,072,520.82 shall be provided for the Storm Drain Impact Fee that otherwise would have C
been paid. The dollar amount of such Storm Drain Impact Fee that otherwise would have ti
been payable equal to$1,072,520.82 shall be deducted from the initial dollar amount of the
Benefit Area Credit Amount available in accordance with this Agreement and the lien of the UL
above referenced Agreement for Deferred Payment of Development Impact Fees and
Imposition of Lien shall be released and said Agreement shall be automatically terminated
without any further action upon (i) the approval and execution of this Agreement, and(ii) E
the payment by the developer to the City of$64,186.23 for Fair Share Traffic Impact Fees
and Law Enforcement and Fire Suppression Facilities,Vehicles and Equipment Fees. p
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Section 2. Default;Notice of Default. o
Failure or delay by a party to perform any material term or provision of this o
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) a)
calendar days after receipt of written notice specifying such default and thereafter diligently 0
completes such cure,correction or remedy, a breach of this Agreement shall not be deemed a,
to have occurred. The party claiming that a default has occurred shall give written notice of `z
default to the defaulting party,specifying the default and the details thereof. Delay in giving o
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.
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ection 3. Failure to Cure;Remedies.
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In the event that the defaulting party fails to commence to cure, correct or remedy a M
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 CO
Agreement shall be deemed to have occurred. In the event of a breach, the nondefaulting N
party may(i)at its option,terminate this Agreement and/or(ii)seek any appropriate remedy C)
or damages available at law or in equity. All court actions filed to seek any enforcement or N
interpretation of this Agreement shall be filed solely in the Superior Court of the County of CD
San Bernardino,in the City of San Bernardino.
Se . No Waiver by Failure or Delay:Cu RIptive Ri lt. Q
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(a) Any failure or delay by either party in asserting any rights and remedies as to
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any default shall not operate as a waiver of any default or of any rights or remedies
associated with a default. o
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(b) The rights and remedies of the parties as set forth in Sections 2,3,4 and 5 are °
cumulative and the exercise by either party of one or more of such rights or remedies shall m
not preclude the exercise, at the same or different times,of any other rights or remedies for
the same default or any other default by the defaulting party. —
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Section 5. Enforcea
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This Agreement shall be deemed to be an enforceable agreement by and between the a
parties hereto. Either of the parties may bring such legal or equitable action as may be U.
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 CL
any provision hereof shall be entitled to receive from the party against which enforcement is E
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. E
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Section 6. Notices.
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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 Q
Agreement shall be effective upon delivery or refusal to accept delivery, if delivered a
personally, one (1) calendar day after deposit with Federal Express or other similar
overnight courier or express delivery service, and two (2) calendar days after mailing, if
delivered by certified or registered United States Mail. r
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Notices to the TVDA shall be sent to the following address: E
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Inland Valley Development Agency o
1600 E.Third Street rC°
San Bernardino,California 92408
Attention: Executive Director 00
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With a copy to: Lewis Brisbois Bisgaard&Smith LLP o
650 E.Hospitality Lane,Suite 600 0
San Bernardino,California 92408
Attention: Timothy J. Sabo
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Notices to the City shall be sent to the following address: u-
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City Manager CU
City of San Bernardino 0
300 North."D"Street,6th Floor E
San Bernardino,California 92418 0
With a copy to: City Attorney o
City of San Bernardino
300 North"D"Street,Oh Floor
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San Bernardino,California 92418
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Storm_Dmin DIF_Pmpay_Agmt—U4-23-12 5 Q
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Each party shall promptly notify the other parties of any change or changes of
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address to which notices shall be sent pursuant to this Agreement.
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Section 7, Entire Agreement.
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This Agreement by and between the IVDA and the City represents the sole E
agreements of the parties regarding the matters addressed herein that exist as of the date
hereof. o
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Section Governing Law. of Arty Provision of Agreement. o
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This Agreement shall be governed by the laws of the State of California. If any o
provision of this Agreement is determined by a court of competent jurisdiction to be invalid
or unenforceable as among the parties,the remaining provisions shalt continue in full force
and effect. E
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Section 9. No Third Party BenefigiM.
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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 except to the extent the IVDA designates an IVDA Assignee pursuant to Section I r
hereof. No other governmental entity or private party, person, property owner,partnership c
or corporation shall at any time have any rights pursuant to this Agreement or the actions E
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intended to be taken by the parties hereto unless designated as an IVDA Assignee. Q
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Section 14. Amendments. C°
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This Agreement may only be amended, changed, modified or altered by a writing CO
signed by all of the parties and approved by the respective governing boards thereof in the c14
manner as required by applicable law, o
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Section 11. Term of Agureemept.
(a) The term of this Agreement shall commence upon the full execution hereof E
by the parties and for all purposes pursuant to this Agreement shall be the date set forth in Q
the introductory paragraph of this Agreement, This Agreement shall be in effect for a
period of not less than twenty(20)years from and after the date of this Agreement and shall
terminate and be of no further force and effect as of April 1,2032,unless the parties to this
Agreement have duly executed an amendment to this Agreement specifically extending the o
time for performance of the terms and provisions as set forth herein;provided,however,that E
the IVDA shall have the right to utilize the full amount of the unused Benefit Area Credit o
Amount then remaining from and after any such termination for properties and new N
development as set forth in Section 1 hereof subsequent to the termination date of this o
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.
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(b) The parties agree that on and after April 1,2022,and through and including
April 1,2032, either party to this Agreement may give written notice to the other party to CD
seek a review of the progress of the development within the Benefit Area to determine ,4)
whether any modifications should be considered by the parties as an amendment to this
Agreement, Based upon such review either party shall have the right to submit to the other a
party written recommendations, if any, as to the manner in which this Agreement may be E
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. `e
No amendment or modification to this Agreement shall be effective unless approved by the °
parties in the manner required in Section 10. o
Section 2. Execution of Agreement. o
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This Agreement may bc executed in counterparts, and facsimile signatures shall be a=i
as effective as original signatures. Upon the execution hereof by the appropriate E
representative of both 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. Q
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STORM DRAIN DEVELOPMENT IMPACT ti
FEE PREPAYMENT AGREEMENT BY AND
BETWEEN THE CITY OF SAN BERNARDINO AND LI-
THE INLAND VALLEY DEVELOPMENT AGENCY
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INLAND VALLEY DEVELOPMENT AGENCY o
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(SEAL)
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Clerk of the Board
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Jat F.Penman,City Attorney
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EXHIBIT"A." o`.
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BENEFIT AREA U--
FOR STORM DRAIN
IMPROVEMENT RE WURSEMENT PAYMENTS E CL
AND CREDITS TO THE YVDA _
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PRIOR WDA STORM BRAIN MPASTRUG`l.' M u
Uff.RQVVEMEN"WI'T'HIN THE BENEFIT AREA Q
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PUBLIC STORM DRAIN PLAN
FEE CREDIT ANALYSIS
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ZONE 2 COMPREHENSIVE E
STORM DRAIN PLAN NO.7
SAN BERNARDINO,CALIFORNIA Q
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PREPARED FOR °
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City of San Bernardino 0
300 N. "D°STREET ti
San Bernardino, CA 92408
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June 07,2011 N
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JOB NO.2585
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PREPARED BY
THIENES ENGINEERING °
14349 FIRESTONE BLVD.
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LA MIRADA,CALIFORNIA 90638 °
(714)521-4811 E
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PURPOSE OF ANALYSIS
As a result of new construction completed within the Project Area(refer to Exhibit 1)over the past U"
several years developers have been required to install public storm drain systems to accommodate CU
post construction storm flows. CL
The purpose of this analysis is to determine what portion of the public storm drain facilities,as E
outlined in the"Zone 2 Comprehensive Storm Drain Plan No.7"(refer to Appendix A),have
either been completed.or are no longer required due to alternate facility construction or drainage
area redirection. From this analysis the construction costs associated yvith the completed or deleted
storm drain facilities can be determined and applied as credit toward Storm Drain Development o
Impact Fees.
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Documents used to prepare this analysis Include"Zone 2 Comprehensive Storm Drain Plan No.7" o
prepared for San Bernardino County Flood Control District,dated December 29,1982 and the =
"Development Impact Fee Calculation and Nexus Report for the Storm Drainage System for the
City of San Bernardino"(refer to Appendix B)dated October 2006,hydrology maps and storm �
drain plans prepared by Thienes Engineering and hydrology maps and storm drain plans prepared a,
by Associated Engineering. �L
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SCOPE OF ANALYSIS >
The public storm drain systems included in this analysis from"Plan No.7"are Timber Creek o
channel 7-04,and storm drain lines 7-C15 in Mill Street,line 7-C16 in Central Avenue and 7-C17
in 11111crest.Existing public storm drain facilities not constructed per"Plan No.7",but affecting
"Plan No.7"storm drain construction costs,include systems in Lena Road,Norman Road, �
Clevenger Drive,Harry Sheppard Blvd.,Tippecanoe Avenue and Central Avenue. E
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ANALYSIS o
The attached exhibits titled"Storm Drain Master Plan Exhibit"(refer to Exhibit 2)indicate the
portions of Public Storm drain lines that have been completed or re-aligned,as wall as a cost
associated with the constructed and"to be"constructed segments(refer to storm drain lines shown 11-
in red). The associated costs were determined using the 1982 SBCFCD quantity/cost estimates for "r
"Plan No.7". The constructed or re-aligned portions of public storm drain lines were subtracted o
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from the cost estimates to determine the credit value of constructed lines as well as determine the o
cost remaining to complete the lines. Refer to attached exhibits"A-1,A-2,A-3&A-4"for V)
calculations.
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The Master Storm Drain cost credits from the 1982 study were then adjusted to match the storm
drain costs In the 2006 Development Impact Fee(DIF)study. The adjustment was obtained by
multiplying the 1982 costs by a factor of 2.31551 to obtain the 2006 costs. o
In addition to the Master line storm drains there has also been construction of public storm drain fd
facilities beyond the scope of the Master plan(refer to storm drain lines indicated is green)which o
contribute to the overall drainage scheme in the area. The construction of these storm drain lints E
may cause future construction of remaining"Plan No.7"storm drain lines to be downsized and o
therefore reduce cost. to
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Table 1 summarizes the potential fee credits for the Master Storm drain lines as well as additional >
public storm drain lines constructed in public streets.
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TA13LE 1
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Public Storm DrAin Previously Constructed Previously Constructed Future
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Facility Name by IVDA by City of Construction
(available fee credit) San Bernardino E
7-C14 .0,980.99
7�C1:5.... $1385 979.00 credit $1.543.505.
7-06 51;617,911.40 _credit $105,439.00 E
7-C17 $214,976.00-(credit) 1,02,594.00'' 0
Norman/Cleveri r $925'510.00 Coriat..cost n/a N
'flp2ecanoe Ave $2,380 Q00.00 const.cost) rile o
TOTAL $6 84 376.00 $3 980,990.0 64,681538.00
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SUMMARY E
Lane 7-C14 was improved by the City of San Bernardino and is being considered as a completed
project at this time. DIP was paid to City for construction of the soft bottom portion of Timber
Creek. A portion of the tributary area east of Tippecanoe Avenue was redirected to the Santa Ana Q
River via the Tippecanoe Ave public storm drain. o
Line 7•C15 in Mill Street has not had any construction completed to date;however,tributary areas °
south of Mill Street and cast of Tippecanoe Avenue have been redirected to other public storm r
drain systems shortening the required storm drain line in Mi}I Street and substantially reducing the
pipe size required for the remaining future construction portion(pipe size reduction has not been a)
incorporated into"future construction"costs,typical).
Line 7-C16 in Central Avenue has had the easterly portion constructed by private forces. The (0
easterly line as constructed redirects flows south of the remainder portion of storm drain line to be
constructed thereby reducing required pipe size for future construction of westerly end of system. CO
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Line 7-C17 in Hillcrest Road has not had any construction completed to date;however,the
redirected Central Ave drain has acquired some of the Hillcrest tributary area reducing the length 04
of the Hillcrest system. 0
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The Norman/Clevenger public storm drain system provides additional underground conveyance of
storm flows and will accommodate future development east of Clevenger Drive. E
The Tippecanoe Avenue public storm drain system has redirected tributary areas from 7C-14 and u_
7C-15 drains south to the Santa Ana River, p
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