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RESOLUTION NO. 2017-174
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF A
MEMORANDUM OF UNDERSTANDING (MOU) WITH THE CALIFORNIA STATE
UNVERSITY, SAN BERNARDINO (CSUSB) TO FUND THE FAIR SHARE COST
FOR TRAFFIC SIGNALS MODIFICATIONS AT INTERSECTIONS IDENTIFIED IN
THE 2016 CAMPUS MASTER PLAN
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager of the City of San Bernardino, or her designee, is
hereby authorized and directed to execute a Memorandum of Understanding (MOU) with the
California State University, San Bernardino (CSUSB) which is attached hereto and
incorporated herein as Exhibit "A".
SECTION 2. The authorization to execute the above -referenced Memorandum of
Understanding (MOU) is rescinded if it is not executed by both parties within sixty (60) days
of the passage of this Resolution.
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RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA AUTHORIZING THE EXECUTION OF A
MEMORANDUM OF UNDERSTANDING (MOU) WITH THE CALIFORNIA STATE
UNVERSITY, SAN BERNARDINO (CSUSB) TO FUND THE FAIR SHARE COST
FOR TRAFFIC SIGNALS MODIFICATIONS AT INTERSECTIONS IDENTIFIED IN
THE 2016 CAMPUS MASTER PLAN
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the
6th day of September 2017, by the following vote, to wit:
Council Members:
MARQUEZ
BARRIOS
VALDIVIA
SHORETT
NICKEL
RICHARD
MULVIHILL
AYES NAYS
x
X
X(S)
x
XM
ABSTAIN ABSENT
x
..... .....��L�
Georg Hanna, C, City Clerk
The foregoing Resolution is hereby approved this 6th day of September 2017.
R. Carey Davj , Mayor
City of San Pernardino
Approved as to form:
Gary D. Saenz, City Attorney
By.
2
MEMORANDUM OF UNDERSTANDING
BETWEEN
CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO
AND
THE CITY OF SAN BERNARDINO
i:
CALIFORNIA STATE UNVERSITY, SAN BERNARDINO MASTER PLAN
(Off -Site Local Improvements)
THIS Memorandum of Understanding (hereinafter "MOU") is made and entered into by and
between the Board of Trustees of the California State University, on behalf of California
State University, San Bernardino ("CSUSB") and the City of San Bernardino, ("CITY").
CITY and CSUSB may be referred to herein as a "PARTY" and collectively "PARTIES".
RECITALS:
A. WHEREAS, a Draft Environmental Impact Report for "2016 Campus Master Plan" dated
March 2017, has been prepared by CSUSB in accordance with the California
Environmental Quality Act of 1970 (CEQA) (Public Resources Code, Section 21000 et
seq.) and the CEQA Guidelines (California Code of Regulations, Section 15000 et seq.)
to analyze the potential significant impacts associated with the 2016 Campus Master Plan
project at the California State University, San Bernardino (CSU San Bernardino or
University);
B. WHEREAS, the Draft CSUSB Main Campus Transportation Impact Analysis Report
within the Draft Environmental Impact Report for "2016 Campus Master Plan" dated
March 2017, was prepared by CSUSB to summarize the findings of the transportation
analyses completed for CSUSB main campus with the proposed master plan projects and
future transportation and parking enhancements in place;
C. WHEREAS, the CITY and CSUSB desires to enter into a Memorandum of
Understanding (MOU) that defines the commitments and responsibilities of the
PARTIES for the future off-site improvements identified in the CSUSB Main Campus
Transportation Impact Analysis Report within the Draft Environmental Impact Report for
"2016 Campus Master Plan" dated March 2017.
NOW, THEREFORE, the PARTIES agree to the following:
II. AGREEMENT:
A. The PARTIES agree to the apportionment of the fair share costs of the off-site
improvements presented in Exhibit "A" based on the recommended intersection
mitigation measures identified in Chapter 8 of the Draft CSUSB Main Campus
Transportation Impact Analysis Report.
B. CSUSB agrees to make a fair share contribution to the CITY toward the costs of the
off-site improvements presented in Exhibit "A" at such time both parties agree that
conditions warrant the improvements. The CSUSB contribution will follow the City's
contribution in the funding of the off-site improvements.
C. CITY agrees to construct or otherwise implement the off-site improvements presented
in Exhibit "A" at such time both parties agree that conditions warrant the
improvement(s).
D. No PARTY shall not incur expenses greater than the fair share presented in Exhibit
"A", unless authorized by amendment to this MOU.
TERM:
A. The term of this MOU will commence as the date hereof and shall terminate upon
completion of all the work described in Exhibit "A".
B. The CITY shall be the responsible "Project Manager" and shall be responsible for the
delivery of the improvements as outlined in Exhibit "A".
IV. MISCELLANEOUS:
A. This MOU shall not be amended, nor any provision or breach hereof waived except in
writing signed by the PARTIES. This MOU constitutes the entire understanding
between the PARTIES with respect to the subject matter herein.
IN WITNESS THEREOF, the parties hereto have caused this MOU to be executed by
and through their respective authorized officers, as of the date first above written.
CITY OF SAN BERNARDINO,
A Municipal Corporation
An rea M. Miller, ity Manager
APPROVED AS TO FORM:
Gary D. Saenz, City Attorney
CALIFORNIA STATE UNIVERSITY,
SAN BERNA O
By:
Tomas D. Morales, Ph.D., President
ATTEST:
4By
George Hanna, CMC, City Clerk
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