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HomeMy WebLinkAbout2016-066 1 RESOLUTION NO. 2016-66 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 3 BERNARDINO DESIGNATING PROPERTY LOCATED AT 1350 S. "E" STREET FOR 4 USE BY THE WATER DEPARTMENT, REMOVING THE DESIGNATION FOR USE BY THE WATER DEPARTMENT OF PROPERTY LOCATED EAST OF NORTH 5 STERLING AVENUE AND NORTH OF FOOTHILL DRIVE AND AUTHORIZING 6 THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE MAYOR AND COMMON COUNCIL AND THE BOARD OF WATER 7 COMMISSIONERS REGARDING THE LAND DESIGNATIONS. 8 WHEREAS, the City of San Bernardino ("City"), through the Board of Water 9 Commissioners of the City of San Bernardino, operates the San Bernardino Municipal Water Department("SBMWD") a department within the City to provide water and sewer treatment services 10 to persons and businesses located within and outside the city limits; and, 11 WHEREAS, the SBMWD manages and controls the City's water and sewer utility revenues, expenses, assets, and liabilities, which are accounted for in segregated utility enterprise funds known 12 as the Water Fund and Sewer Fund, which pursuant to Charter Sections 134 and 164 are kept 13 separate and apart from the other revenues, expenses, assets, and liabilities of the City; and, 14 WHERAS,the City's general tax revenues, expenses, assets, and liabilities are accounted for 15 in the General Fund which is managed and controlled by the Mayor and Common Council; and, 16 WHEREAS, it has been the practice of the City to document transfers between the General Fund, Water Fund, and Sewer Fund with Memorandums of Understanding between the Mayor and 17 Common Council, acting as the highest governing body of the City with relation to the General Fund, and the Board of Water Commissioners, acting as the highest governing body of the City with 18 relation to the Water Fund and Sewer Fund, to demonstrate compliance with Proposition 218 19 (Article XIII D, Section 6 of the Constitution of the State of California); and, 20 WHEREAS, the City of San Bernardino ("City") is the owner of that certain real property and improvements located at 1350 S. "E" Street, in the City of San Bernardino, County of San 21 Bernardino, State of California, more particularly described in Attachment "1" to Exhibit "A" attached hereto and incorporated herein by this reference as though set forth in full (the "E" Street 2 2 Property"); and, 23 WHEREAS,the `B" Street Property is designated for general government use; and 24 WHEREAS, the best use of the "E" Street Property would be designation for use by the 25 SBMWD; and, 26 WHEREAS, the "E" Street Property has a fair market value of ONE MILLION SEVENTY- 27 THREE THOUSAND FIVE HUNDRED DOLLARS ($1,073,500) as determined by independent appraisal; and, 28 1 1 WHEREAS, the City of San Bernardino ("City") is the owner of that certain real property and improvements comprising approximately 115.20 acres located East of North Sterling Avenue, 2 North of Foothill Drive, in the City of San Bernardino, County of San Bernardino, State of 3 California, a portion of the property with assessor's parcel number 0155-361-28, more particularly described in Attachment"2"to Exhibit"A" attached hereto and incorporated herein by this reference 4 as though set forth in full (the "Sterling Property"); and, 5 WHEREAS, the City, by Resolution 11723 on April 4, 1974, designated the Sterling 6 Property for use by the SBMWD; and, 7 WHEREAS,the best use of the Sterling Property would be to remove the designation for use by the SBMWD; and, 8 WHEREAS, the Sterling Property has a fair market value of NINE HUNDRED SEVENTY- 9 NINE THOUSAND TWO HUNDRED DOLLARS ($979,200) as determined by an independent 10 appraisal. 11 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 12 13 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized and directed to execute on behalf of the Mayor and Common Council of the City of San Bernardino 14 the Land Designation Memorandum of Understanding attached hereto as Exhibit "A" and 15 incorporated herein by this reference as though set forth in full. 16 SECTION 2. Conditioned upon approval of the Memorandum of Understanding by the Board of Water Commissioners of the City of San Bernardino and execution of the Land 17 Designation Memorandum of Understanding, Resolution 11723 of the Mayor and Common 18 Council, passed on April 4, 1974, is hereby amended to remove the following language: 19 `BE IT FURTHER RESOLVED that all property affected by this transaction will be designated for Water Department use." 20 21 SECTION 3. The City Manager of the City of San Bernardino is hereby authorized and directed to execute such further documents as may be necessary to carry out the purposes of this 22 Resolution, so long as such further documents are approved as to form and content by the City 23 Attorney. 24 SECTION 4. These authorizations expire if the documents are not fully executed within ninety (90) days of the date of passage of this Resolution. 25 26 27 28 2 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DESIGNATING PROPERTY LOCATED AT 1350 S. "E" STREET FOR 2 USE BY THE WATER DEPARTMENT, REMOVING THE DESIGNATION FOR USE 3 BY THE WATER DEPARTMENT OF PROPERTY LOCATED EAST OF NORTH STERLING AVENUE AND NORTH OF FOOTHILL DRIVE AND AUTHORIZING 4 THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE MAYOR AND COMMON COUNCIL AND THE BOARD OF WATER 5 COMMISSIONERS REGARDING THE LAND DESIGNATIONS. 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 7 8 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 9 21"day of March, 2016, by the following vote, to wit: 10 Council Members: AYES NAYS ABSTAIN ABSENT 11 MARQUEZ X 12 13 BARRIOS X 14 VALDIVIA X 15 SHORETT X 16 NICKEL X 17 RICHARD x- 18 19 MULVIHILL X 20 �--' Georgea Hanna, CK4C, City Clerk 21 22 The foregoing Resolution is hereby approved this_ day of March, 16. c 23 24 R. Carey Da4, Mayor 25 City of San Bernardino Approved as to form: 26 Gary D. Saenz, City Attorney 27 ^� By: —� 28 3 2016-66 MEMORANDUM OF UNDERSTANDING REGARDING LAND DESIGNATIONS OF CERTAIN PROPERTIES This MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into this 21st day of March ,20_16_,BY AND BETWEEN: the MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ("COMMON COUNCIL"), acting as the highest governing body of the CITY OF SAN BERNARDINO, a charter city,with regards to general government services; and, the BOARD OF WATER COMMISSIONERS OF THE CITY OF SAN BERNARDINO ("WATER BOARD"), acting as the highest governing body of the SAN BERNARDINO MUNICIPAL WATER DEPARTMENT, a department of the CITY OF SAN BERNARDINO created by the CHARTER OF THE CITY OF SAN BERNARDINO (individually the COMMON COUNCIL and WATER BOARD may be referred to as a"PARTY" and collectively the COMMON COUNCIL and WATER BOARD may be referred to as the"PARTIES"). RECITALS: WHEREAS, the MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO have determined that it is the in the best interests of the CITY OF SAN BERNARDINO to designate certain real property located at 1350 South"E" Street in the CITY OF SAN BERNARDINO, defined hereinafter as the"E"STREET PROPERTY and with a fair market value of ONE MILLION SEVENTY-THREE THOUSAND FIVE HUNDRED DOLLARS ($1,073,500) as determined by independent appraisal, for the use of the SAN BERNARDINO MUNICIPAL WATER DEPARTMENT; and, WHEREAS, the BOARD OF WATER COMMISSIONERS OF THE CITY OF SAN BERNARDINO has determined that approximately 115.20 acres of real property located East of North Sterling Avenue and North of Foothill Drive in the CITY OF SAN BERNARDINO, defined hereinafter as the STERLING PROPERTY and with a fair market value of NINE HUNDRED SEVENTY-NINE THOUSAND TWO HUNDRED ($979,200) as determined by an independent appraisal, is no longer necessary for use by the SAN BERNARDINO MUNICIPAL WATER DEPARTMENT; and, WHEREAS, by the CHARTER OF THE CITY OF SAN BERNARDINO, the COMMON COUNCIL is the highest governing body of the CITY OF SAN BERNARDINO with respect to general tax revenues, expenditures, assets,and liabilities,collectively accounted for in the GENERAL FUND; and, WHEREAS, by the CHARTER OF THE CITY OF SAN BERNARDINO, the WATER BOARD is the highest governing body of the CITY OF SAN BERNARDINO with respect to water utility and sewer treatment revenues, expenditures, assets, and liabilities, collectively accounted for in the WATER FUND and SEWER FUND, respectively; and, MEMORANDUM OF UNDERSTANDING BETWEEN THE COMMON COUNCIL AND WATER BOARD REGARDING LAND DESIGNATIONS OF CERTAIN PROPERTIES PAGE 1 OF 3 2016-66 WHEREAS, it has been the practice of the CITY OF SAN BERNARDINO to document transfers between the GENERAL FUND, WATER FUND, AND SEWER FUND with Memorandums of Understanding between the COMMON COUNCIL and the WATER BOARD to demonstrate compliance with Proposition 218(Article XIII D, Section 6 of the Constitution of the State of California). NOW,THEREFORE,the PARTIES agree as follows: 1. The recitals set forth in "RECITALS" are, by this reference, incorporated into and deemed a part of this MOU. 2. The COMMON COUNCIL shall, by resolution, designate that certain real property and improvements located at 1350 S. "E" Street, in the City of San Bernardino, County of San Bernardino, State of California, more particularly described on Attachment "I" attached hereto and incorporated herein by this reference as though set forth in full (the `"`B" STREET PROPERTY")for use by the SAN BERNARDINO MUNICIPAL WATER DEPARTMENT. 3. The WATER BOARD accepts the designation of the "E" Street Property for use by the SAN BERNARDINO MUNICIPAL WATER DEPARTMENT. 4. The COMMON COUNCIL shall, by resolution, remove the designation for use by the SAN BERNARDINO MUNICIPAL WATER DEPARTMENT of that certain real property and improvements comprising approximately 115.20 acres located East of North Sterling Avenue, North of Foothill Drive, in the City of San Bernardino, County of San Bernardino, State of California, a portion of the property with assessor's parcel number 0155-361-28, more particularly described in Attachment "2" attached hereto and incorporated herein by this reference as though set forth in full (the"STERLING PROPERTY"). 5. The WATER BOARD accepts the removal of the designation for use by the SAN BERNARDINO MUNICIPAL WATER DEPARTMENT of the STERLING PROPERTY. [Signature Page Follows] MEMORANDUM OF UNDERSTANDING BETWEEN THE COMMON COUNCIL AND WATER BOARD REGARDING LAND DESIGNATIONS OF CERTAIN PROPERTIES PAGE 2 OF 3 2016-66 MEMORANDUM OF UNDERSTANDING REGARDING LAND DESIGNATIONS OF CERTAIN PROPERTIES By and between the City of San Bernardino and the Board of Water Commissioners of the City of San Bernardino for the land designation of certain properties. BOARD OF WATER COMMISSIONERS OF THE CITY OF SAN BERNARDINO: Date: Toni Callicott, President Date: Robin L. Ohama, Secretary MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO: Date: Mark Scott,City Manager APPROVED AS TO FORM: ATTEST: Gary D. Saenz,City Attorney B . Robin L. Ohama, Secretary MEMORANDUM OF UNDERSTANDING BETWEEN THE COMMON COUNCIL AND WATER BOARD REGARDING LAND DESIGNATIONS OF CERTAIN PROPERTIES PAGE 3 OF 3 2016-66 MEMORANDUM OF UNDERSTANDING REGARDING LAND DESIGNATIONS OF CERTAIN PROPERTIES This MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into this 2_1-st day of March ,20 16_,BY AND BETWEEN: the MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ("COMMON COUNCIL"), acting as the highest governing body of the CITY OF SAN BERNARDINO, a charter city,with regards to general government services; and, the BOARD OF WATER COMMISSIONERS OF THE CITY OF SAN BERNARDINO ("WATER BOARD"), acting as the highest governing body of the SAN BERNARDINO MUNICIPAL WATER DEPARTMENT, a department of the CITY OF SAN BERNARDINO created by the CHARTER OF THE CITY OF SAN BERNARDINO (individually the COMMON COUNCIL and WATER BOARD may be referred to as a"PARTY" and collectively the COMMON COUNCIL and WATER BOARD may be referred to as the"PARTIES"). RECITALS: WHEREAS, the MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO have determined that it is the in the best interests of the CITY OF SAN BERNARDINO to designate certain real property located at 1350 South"E" Street in the CITY OF SAN BERNARDINO, defined hereinafter as the"E"STREET PROPERTY and with a fair market value of ONE MILLION SEVENTY-THREE THOUSAND FIVE HUNDRED DOLLARS ($1,073,500) as determined by independent appraisal, for the use of the SAN BERNARDINO MUNICIPAL WATER DEPARTMENT; and, WHEREAS, the BOARD OF WATER COMMISSIONERS OF THE CITY OF SAN BERNARDINO has determined that approximately 115.20 acres of real property located East of North Sterling Avenue and North of Foothill Drive in the CITY OF SAN BERNARDINO, defined hereinafter as the STERLING PROPERTY and with a fair market value of NINE HUNDRED SEVENTY-NINE THOUSAND TWO HUNDRED ($979,200) as determined by an independent appraisal, is no longer necessary for use by the SAN BERNARDINO MUNICIPAL WATER DEPARTMENT; and, WHEREAS, by the CHARTER OF THE CITY OF SAN BERNARDINO, the COMMON COUNCIL is the highest governing body of the CITY OF SAN BERNARDINO with respect to general tax revenues, expenditures, assets,and liabilities, collectively accounted for in the GENERAL FUND; and, WHEREAS, by the CHARTER OF THE CITY OF SAN BERNARDINO, the WATER BOARD is the highest governing body of the CITY OF SAN BERNARDINO with respect to water utility and sewer treatment revenues, expenditures, assets, and liabilities, collectively accounted for in the WATER FUND and SEWER FUND, respectively; and, MEMORANDUM OF UNDERSTANDING BETWEEN THE COMMON COUNCIL AND WATER BOARD REGARDING LAND DESIGNATIONS OF CERTAIN PROPERTIES PAGE 1 OF 3 2016-66 WHEREAS, it has been the practice of the CITY OF SAN BERNARDINO to document transfers between the GENERAL FUND, WATER FUND, AND SEWER FUND with Memorandums of Understanding between the COMMON COUNCIL and the WATER BOARD to demonstrate compliance with Proposition 218(Article XIII D, Section 6 of the Constitution of the State of California). NOW,THEREFORE,the PARTIES agree as follows: 1. The recitals set forth in "RECITALS" are, by this reference, incorporated into and deemed a part of this MOU. 2. The COMMON COUNCIL shall, by resolution, designate that certain real property and improvements located at 1350 S. "E" Street, in the City of San Bernardino, County of San Bernardino, State of California, more particularly described on Attachment "1" attached hereto and incorporated herein by this reference as though set forth in full (the ""E" STREET PROPERTY")for use by the SAN BERNARDINO MUNICIPAL WATER DEPARTMENT. 3. The WATER BOARD accepts the designation of the "E" Street Property for use by the SAN BERNARDINO MUNICIPAL WATER DEPARTMENT. 4. The COMMON COUNCIL shall, by resolution, remove the designation for use by the SAN BERNARDINO MUNICIPAL WATER DEPARTMENT of that certain real property and improvements comprising approximately 115.20 acres located East of North Sterling Avenue, North of Foothill Drive, in the City of San Bernardino, County of San Bernardino, State of California, a portion of the property with assessor's parcel number 0155-361-28, more particularly described in Attachment "2" attached hereto and incorporated herein by this reference as though set forth in full (the "STERLING PROPERTY"). 5. The WATER BOARD accepts the removal of the designation for use by the SAN BERNARDINO MUNICIPAL WATER DEPARTMENT of the STERLING PROPERTY. [Signature Page Follows] MEMORANDUM OF UNDERSTANDING BETWEEN THE COMMON COUNCIL AND WATER BOARD REGARDING LAND DESIGNATIONS OF CERTAIN PROPERTIES PAGE 2 OF 3 2016-66 MEMORANDUM OF UNDERSTANDING REGARDING LAND DESIGNATIONS OF CERTAIN PROPERTIES By and between the City of San Bernardino and the Board of Water Commissioners of the City of San Bernardino for the land designation of certain properties. BOARD OF WATER COMMISSIONERS OF THE CITY OF SAN BERNARDINO: Date:—7 —/f-4 To ' Callic sident Date: - 01A-a�� Robin L. hama, Secretary MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO: Date: 2-1 "lj/, /4"z Mark Scott, City Manager APPROVED AS TO FORM: ATTEST: Gary D. Saenz, City Attorney B Robin L. Ohama, Secretary MEMORANDUM OF UNDERSTANDING BETWEEN THE COMMON COUNCIL AND WATER BOARD REGARDING LAND DESIGNATIONS OF CERTAIN PROPERTIES PAGE 3 OF 3