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HomeMy WebLinkAbout1980-146 r RESOLUTION NO. zz 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 'ijEXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN SAID CITY AND 3 TITHE CALIFORNIA DEPARTMENT OF PARKS AND RECREATION, STATE OF j 1CALIFORNIA, RELATING TO THE CONDUCT OF WORK BY RESPECTIVE AGENCIES 4 ( DURING THE PLANNING AND CONSTRUCTION OF THE SECCOMBE LAKE PARK I, PROJECT. I 5 !! if BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 1 6 10F SAN BERNARDINO AS FOLLOWS : 7 iI f SECTION 1. The Mayor of the City of San Bernardino is i 8 i hereby authorized and directed to execute on behalf of said City 9 a Memorandum of Understanding between said City and the California " 10 iDepartment of Parks and Recreation, State of California, relating 11 Ito the conduct of work by respective agencies during the planning 12 land construction of the Seccombe Lake Park Project, a copy of 13 (' which is attached hereto , marked Exhibit "A" and incorporated i i, 14 herein by reference as fully as though set forth at length. I HEREBY CERTIFY that the foregoing re tion was duly 16 adopted by the Mayor and Common Councilpf the City of San 7 Bernardino at a ` meeting thereof , held on the day of /`�� , 1980 , by the following vote, to wit: AYES: Councilmen 22. NAYS: 1 {? 23 ABSENT: � I y- 24 ity C erk 25 The foregoing resolution is hereby a pro his day ; 2 1980 . - ayor o -!F-hf City oFSan Bernardino 2r ((Approved as to form: Ii rCity A orney I I i Memorandum of Understanding between the California Department of Parks and Recreation, State of California, and the city of San Bernardino, California for conduct of work by respective agencies during the planning and construction of the Seccombe Lake Park Project within the city of San Bernardino, California. This Memorandum of Understanding, by and between the California Department of Parks and Recreation, State of California, hereinafter referred to as DPR, and the city of San Bernardino, California, hereinafter referred to as CITY. W I T N E S S E T H: WHEREAS, the CITY is currently the owner and operator of a public park known as Seccombe Lake Park; and WHEREAS, the CITY wishes to enlarge and further develop this park; and WHEREAS, DPR wishes to assist in the expansion and development of the park cooperatively with the CITY; and WHEREAS, Chapter 359, Statutes of 1978, provided $1 ,000,000 for acquisition of private land within the project boundary ($500,000 reimbursement, L.W.C.F. ) , provided that the State is granted a gift of full fee title to the public lands within the boundary of the park and provided further that the city of San Bernardino agrees to operate and maintain the properties acquired at no cost to the State; and WHEREAS, DPR is currently negotiating an operating agreement between DPR °/nd CITY; and WHEREAS, Chapter 1065, Statutes of 1979, exempted the Seccombe Lake Park Project lands operated and maintained by other public agencies under agreements entered pursuant to Section 5003 or 5007 from classification, general plan, or commission review requirements provided for in Section 5002.1 , 5002.2, 5002.3, or 5002.4 or Article 1.7 (commencing with Section 5019.50) of this chapter during the term of such agreements; and WHEREAS, Chapter 1065, Statutes of 1979, requires that facilities to be developed on Seccombe Lake Park Project lands shall be constructed in accordance with a development plan approved by the Director of DPR; and WHEREAS, the California Park and Recreation Commission has requested at the November 10, 1979 meeting that the development plan be presented to the commission prior to approval by the Director of DPR; and WHEREAS, Chapter 1085, Statutes of 1979, provides $1 ,300,000 for capital outlay to DPR for purposes set forth in Subdivisions (a). and (b) of Section 5096.15 of the Public Resources Code payable from the State Beach, -' Park, Recreational and Historical Facilities Fund of 1964 for expenditure in the following manner: ' (a) Seccombe Park Acquisition -- $1,200,000 (b) Seccombe Park-General Plan Development -- $100,000 provided that category (b) funds shall be transferred to CITY to reimburse the CITY for costs incurred in the development of the general plan; and WHEREAS, CITY has engaged a consulting firm to accomplish the planning and design tasks related to the Seccombe Lake Park Project; and WHEREAS, the Seccombe Lake Park Project has been recommended by the California Park and Recreation Commission at its November 10, 1979 meeting in Bakersfield and reviewed by the Secretary of Resources as required by Chapter 1085, Statutes of 1979; and WHEREAS, the CITY will request $100,000 for development planning from DPR; and WHEREAS, DPR will use its best efforts to transfer $100,000 for general plan development and to acquire land as required by Chapter 1085, Statutes of 1979; and WHEREAS, CITY has appointed a citizens advisory group to make planning recommendations to CITY regarding the Seccombe Lake Park Project; and WHEREAS, DPR and CITY wish to expedite the Seccombe Lake Park Project; and WHEREAS, DPR has appointed an individual to act as liaison with CITY during the acquisition, planning, and development phases of the project; and WHEREAS, DPR wishes to promote the acceptability of CITY'S development planning process by providing input to the development plan; and WHEREAS, DPR and CITY have a mutual interest in the final project configuration and services; and NOW, THEREFORE, it is mutually agreed by the parties as follows: I. PROJECT LANDS A. The proposed project boundary is as shown on Exhibit A, DPR Acquisition Map, Drawing No. 17162, dated February 16, 1979 (see attached) . B. An operating agreement, initially drafted by DPR and being negotiated with CITY, must be in affect between DPR and CITY prior to DPR acceptance of project public lands or the consummation of acquisition of project private lands. 2 ' C. Pursuant to the property acquisition law, DPR will acquire private land within project boundary as funds permit. -� D. CITY will develop and maintain accurate maps showing all underground and surface utility lines within the project area including, but not limited to, water, sewer, gas, electric, and other special purpose lines and pipes with easement limitations. E. CITY will take immediate steps to initiate physical closure and vacating of any existing public thoroughfares required for project implementation. F. CITY will notify DPR of any real or anticipated delays in acquiring project public land held by agencies other than CITY. II. PROJECT PLANNING A. CITY will contract with a consultant to provide a development plan pursuant to Chapter 1065, Statutes of 1979. B. CITY will establish a citizens advisory group to advise CITY, and consequently consultant, on planning matters relative to citizen needs and concerns. C. Advisory committee will be as representative as possible of local constituencies and be sensitive to statewide concerns. D. DPR will be informed of all advisory committee meetings and recommendations. DPR coordinator may attend meetings. E. The planning process and product will be consistent with the program submitted to the CITY by the consultant dated November 5, 1979, which is outlined as follows: PHASE I - Program Organization a. Project Organization 1. Identify City and DPR personnel and community representatives who will be involved with the design of Seccombe Lake Park. Establish areas of responsibility and lines of communication between public agencies, consultant, and community representatives. b. Identify Project Goals 1. Meet with involved City, DPR, and community persons to formulate a list of positive activities for possible incorporation into the project area and identify those negative activities to be discouraged. 3 ' c. Establish Project Program 1. After initial input is received from City, •DPR, and 1 community representatives, establish facility priorities. This initial identification of priorities will be the basis on which the site is analyzed. After Phase II of the work is completed, this program can be modified, if necessary, in respect to site opportunities or constraints. PHASE II - Site and Service Area Analysis and Evaluation a. Survey Existing Conditions 1. Site Inventory a) Topography (consultant to prepare an aerial topographic survey at 1" = 201 , utilizing a 1-foot contour interval) .b) Geology c) Climate d) Drainage e) Existing Utilities 2. Surrounding Influences a) Housing b) Commercial, Industrial c) Pedestrian/Vehicular Circulation d) Utilities b. Review of approved or proposed private or public plans for areas surrounding project areas. c. Analyze service area support for both proposed revenue and non-revenue generating park activities. Prepare estimates of revenue generating potential for proposed facilities. d. Re-analysis of project program. e. Review of City master parks/recreation plan and program. f. Review of Phase II material with City, DPR, and community park design team. g. Agreement on final design program. PHASE III - Conceptual Design Phase a. Present and discuss design concepts for project area based on accepted project program, site and area investigation, and estimated budget criteria. 4 b. Review of conceptual studies with the City, DPR, and community park design team to determine design concept to be developed into final Park Master Plan. ;f PHASE IV - Park Master Plan and Supportive Report a. Develop one (1) only Park Master Plan at 1" = 50' for project area identifying the following: 1 . Proposed location and configuration of all activities, walks, structures, roads, parking, and other "hardscape" items. 2. Identification of proposed landscape planting by indicating all major tree groupings, shrub plantings, and turf areas. b. Prepare supportive report to Park Master Plan identifying the following: 1. Existing characteristics of project area a) Geology b) Hydrology c) Biotic resources d) Archaeological resources e) Historical resources f) Land use g) Visual character h) Utility and service infrastructure i) Socio-economic characteristics J) Circulation k) Noise 1) Air quality 2.. Proposed project development a) Market support for proposed facilities b) Economic analysis of proposed concession facilities c) Environmental impact of proposed development d) Park operational cost analysis e) Traffic analysis of adjacent streets and intersections f) Engineering analysis (1) Civil (2) Electrical (3) Soils (4) Lake hydraulics g) Landscape planting h) Landscape irrigation i) Project cost analysis j) Operational analysis k) Project phasing analysis 5 1) Preliminary engineering addressing: (1) Grading (2) Drainage (3) Site utilities (4) Geology t (5) Water area design m) Random delineations as required to adequately identify design concepts n) Project architecture to include: (1 ) Schematic floor plans (2) Schematic elevations o) Cost analysis for all items noted to be a part of project area p) Submit to City of San Bernardino: (1) One only, colored mylar Park Master Plan at 1" _ 501 (2) Fifty Master Plan Reports (3) One mylar copy of all plans and other graphics for City reproduction purposes 3. Review. and approval of above items by City and DPR prior to proceeding to the design development phase. F. CITY will provide to consultant: 1. Location of existing easements and site utility lines. 2. Coordination of meetings with community representatives. G. At the completion of Phase I'J; the development plan required by Chapter 1065/79 will be presented by CITY to the California Park and Recreation Commission for review as requested by the Commission at the November 10, 1979 meeting in Bakersfield, California. H. The development plan will be submitted to the Director of DPR for his approval. . I. It is anticipated that the cost of consultant services to complete Phase IV of the planning and development program will exceed the $100,000 provided by Chapter 1085/79• DPR'S current limit of funding is $100,000 for planning. City shall complete the funding of planning sufficient to complete Phase IV of the program. In the event additional planning funds are appropriated for this project, the City may be reimbursed to the extent funds are provided. J. It is anticipated that Phase IV will be completed by December 1 , 1980. K. Completion of Phase IV will terminate the planning contract between CITY and consultant. L. Progress on the project beyond this point is dependent on additional funding. Two options are available that would provide additional funds: 6 1 . Special Legislation -- If introduced during the fall legislative session in 1980, this would provide funds in July 1981. n. e3 2. DPR budget for working drawings and construction in the 1982-83 fiscal year which would provide ,funds in July 1982. M. CITY will coordinate with legislative representatives to determine feasibility of special legislation or budget amendment to secure funds. N. DPR will attempt to budget funds in the 1982-83 fiscal year from an undetermined source if special legislation efforts are not successful by December 1980. 0. The availability of development funds will initiate the negotiation of a development agreement between DPR and CITY for final design and construction efforts necessary to implement the development plan as outlined in Article III, Phase V through VII. III. CONSTRUCTION A. Subsequent to DPR .approval of the development agreement and the availability of funds, CITY may contract with consultants to accomplish the remaining phases (V through VII) of the development process. The outline of work to be done is as follows: PHASE V - Design Development Phase a. This phase of work will involve finalizing all design and engineering prior to proceeding to final preparation of construction documents. All work will be done at the scale of final construction plans and reviewed with City, DPR for approval, and community design team members for comment, of design and budget prior to proceeding to preparation of construction documents in Phase VI. PHASE VI - Construction Documents a. This phase of the project shall involve preparation of final construction plans, detailed specifications, final cost estimates, and final preparation of any other items necessary to make a final inclusive set of bid documents for this project. In general, the final set of bid documents shall include, but not necessarily be limited to, the following plans: 1. Demolition 2. Grading and drainage 3. Staking 4. Utility 5. Landscape irrigation 6. Landscape planting 7. Construction details, as required, for all site facilities to be constructed 7 b. Completed bid documents to be submitted to City and State for review and comment. c. Correct bid documents per City and State review. d. Submit corrected documents to City for bidding. PHASE VII - Construction Services Phase a. The following services will be provided by consultant during the course of construction: 1. Assist City staff in receiving competitive bids on project 2. Assist City staff in review of bids 3. Review of shop drawings 4: Preparation of approved change orders 5. Review of contractor payment requests 6. Site visits during course of construction B. CITY will provide the following as required: 1. Bid boilerplate material to include invitation to bid, bid proposal, and general specifications. 2. Bidding of documents. 3. Primary project supervision and inspection of construction. C. Project construction timetables will be established based on the availability of funding. If funding does not permit total project construction, phases of construction will be jointly determined by both agencies. D. Project completion will be accomplished upon completion of the works prescribed in the development plan approved by the Director of DPR. IV. GENERAL CONSIDERATIONS A. At all times, CITY and DPR will have a designated representative authorized to receive on the agency's behalf notices in regard to work or activities for the project. B. This Memorandum of Understanding will be reviewed jointly by both parties hereto at a minimum of one year intervals and more often as necessary. Appropriate written amendments may be added upon the concurrence of all parties hereto. V. MEMORANDUM LIMITATIONS The parties do not intend by this memorandum to create any contractual obligations between parties. 8 IN WITNESS WHEREOF, the parties hereto have executed this memorandum 7N as of the date when last signed below. f CALIFORNIA DEPARTMENT OF CITY OF SAN BERNARDINOI PARKS AND RECREATION SAN BERNARDINO, CALIFORNI Director By B Title Title Y,4ved C' o �ua�d�dc 1 Date Datej' �a Approved as to form: City Attorney K-9549C 9 .