HomeMy WebLinkAboutNB01-Parks and Recreation
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C~tu- OF SAN IBERNARDJ'no - REQUQT FOiR COUMC:l ACtiON
STAFF REPORT
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In approving the 1985-86 State Budget the Governor included a veto message
relevant to funding the Seccombe Lake State Park project which reads as follows:
"lam approving the reappropriation of item 3790-301-722 (25), Budget Act of
1984, as proposed in Item 3790-490 category 722 (4.5), Seccombe lake SURA, in an
amount not to exceed one million dOllars. I am reserving the remaining $2,176,000
of the appropriation and would support legislation to reappropriate this balance
for development at Seccombe Lake, provided that all operational responsibilities
and costs for this facility are reassumed by the City of San Bernardino or
another non-state agency."
The $1,000,000 reappropriated by the Governor to be released now for thp completion
of Phase 1A are contingent upon completion of another Development Agreement
for the remaining items of Phase 1A of the project. The original Development
Agreement dealt only with the items which have been completed in Phase 1A to date.
The proposed Development Agreement which was distributed at Council meeting on
November 18, 1985 is the document which will authorize the City to continue
construction on the unfinished items of Phase 1A and it authorized expenditures
of $988,000 which are totally reimbursable to the City upon submission to the
State a request for reimbursement. The Development Agreement has to do only
with Development of Phase 1A remaining items. When funds are released by State for
Phase 1B, a new development agreement will be prepared for that area and for that
specific funding.
This Development Agreement has no bearing on the present Operating Agreement
between City and State. As of this date the Operating Agreement stipulates
that State is to provide 0 and M funding for all costs of operating and
maintaining the Park which are above the costs to the City for Seccombe lake
Park in 1980-81.
However, as was pointed out in the Governor's Veto message stated above,
the funds ($2.176 million) for development of Phase 1B will not be released
until a new Operating Agreement is made between City and State. The prime
consideration in the Governor's Veto is that the State must be released from
its present obligation to be responsible for a portion of the 0 and M costs
for Seccombe lake SURA.
In view of the Veto message, and through a series of meetings and letters, the City
now has before the State Parks and Recreation Director, a proposal for striking
a new agreement. (See attached letter from Hayor Hilcox to State Chief
Deputy Director of Parks and Recreation which outlines City Proposal for new
Agreement.) .
Basically, the City's proposal is as follows:
1. The City of San Bernardino would receive any and all revenue generated by
the park, effective immediately upon approval of a new operating agreement.
(Same as State proposed.)
2. The State shall transfer Parcels 10, 11, 12, and 18 in fee title to the City
on the effective date of the agreement. Parcel 13 would be transferred upon
release of land and Water Fund obligation (approximately 6-9 month time delay).
(Same as State proposed.)
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3. During the first five years of this agreement the State's liability
costs for the park's operation and maintenance will decrease 10 percent ~er year.
At the end of the first five years the remaining 50% would be dropped, thus
releasing the State from liability costs for the Park's operation and maintenance.
4. The State's condemnation proceedings concerning Parcel 14 would be abandoned
and the remaining acquisition funds would "be redesignated for use in development
of Phase lB.
When both City and State proposals are finally agreed to, a new Operating
Agreement will be signed. After completion of the new Operating Agreement,
the $2.176 million can be released to develop Phase IB of the Seccombe project.
At that time a Development Agreement for Phase 1B will be prepared.
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ClTY OF SAN BERNARDINO
300 ~..:';:nH "0" STREET, SAN DE:RNAHDINO. CAliFORNIA 92418
17141383'5133
'EVL .r'~ WILCOX
~,,~ayor
OFfiCE OF THE MAYOR
October 4, 1985
Hr. L"s '!cCargo
Chief 0~~uty Director
P.O. 3'JX 2390
Sacra~~r.:o, CA 95811
Dear ft,r. NcCargo:
Thank you for your letter of September 6, 1985, in which you outlined a
counter-proposal to the City's proposed terms for negotiating a ne~1
operating agreement for Seccombe Lake State Urban Recreation Area. Your
,counter-proposal has been reviewed by staff and members of the Com~on
Council of the City as well as myself and a counter-counter proposal
is hereby offered.
The City agrees \'Iith the first hlO points ofyouy' proposal, hO\'lever,
modification of points 3 and 4 are offel'ed. The City's proposal is:
1. The City of San Bernardino \'lOuld receive any and all revenue
generated by the park, effective immediately upon approval
of a ne\~ operating agreement.
2. The State shall transfer Parcels 10, 11, 12, and 18 in fee
title to the City on the effective date of the agreement.
Parcel 13 \~ould be transferred upon release of Land and ~:ater
Fund obligation (approximately 6-9 month time delay).
3. During the first five years of this agreement, the State's
liability costs for the park's op"ration and maintenance will
decrease 10 percent per yea I' . At the end of the first five
years the remaining 50% would be dropped, thus releasing the
State from liability costs for the Park's operation and
maintenance. At that time, the entil'e park would be transferred
to the City.
4. The State's condemnation proceedings concerning Parcel 14 ~lOuld
be abandoned and the remaining acquisition funds would be
redesignated for use in development of Phase lb.
It is realized that point four, if agreed to by the State, will reduce
the park size by approximately 4.2 acres. The City will review the devel-
opment plan and have new working drawings and specifications prepared when
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Nr. Les :.'cCngo
Octobe;' .;, 1985
page 2
notific~tion is received and funding .is released to do so.
I lock forward to your response to this proposal. It is imperative that
both :,2 State and City move most expeditiously to bring this project
to cc~:'etion. Please call my office, (714) 383-5051, if you wish to
discuss this proposal further.
S;ncere1y,
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Mayor
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cc: Honorab 1 e Ge"a 1 dR. Eaves
Member of the Assembly
State Capitol, Room 4121
Sacramento, CA 95814
Honorable William R. Leonard
'.Iember of the Assembly
State Capitol, Room 3104
Sacramento, CA 95814
Honorable Ruben S. Ayala
Member of the Senate
State Capitol, Room 2082
Sacramento, CA 95814
Ms. Annie Ramos, Director
Parks, Recreation, and Community Services
300 North "0" Street
San Bernardino, CA 92418
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C1t.:; OF SAN BERNARDCP -.REQU5T FOR COUNCIL AqOON
From: Annie F.Ramos - Director
. ... Approval of the Draft Development
Subject: Agreement for continuing construction
.of Phase la of the Seccombe Lake State
\:U~ban Recreation Area Project.
Dept: Parks, Recreation & Comm. Svcs.
Date: November 14, -1985
Svnop~is of Previous Council action:
NONE
Recommen~ed motion:
That the Draft Development Agreement for Phas~ la Construction ofSeccombe Lake
State Urban Recreation Area, be approved. .
Co Annie F. Ramos
nta<:'t person:
Phone:
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SoIJPorting data attech~: Staff Report and Draft Agreement Ward: 2
:=ur~DING REQUIREMENTS: Amount:":'$988,OOO
(No City Funds Involved)
Source: 1984 State Bond Act
Finance:
C'.uncil Notes:
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Agenda Item NoNew Business
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OF SAN BERNAROtO - REQ()sT FOR COUNCIL ~ION
STAFF REPORT
The Parks, Recreation & Community Services Department received the
Draft Development Agreement for Phase la of the Seccombe Lake Project
and immediately began the review process. The draft has been,reviewed by the
City Administrator, Engineering, City Attorney, and this department and it
is recommended that the draft be approved and returned to State Department
of Parks and Recreation as presented. (See attached Draft Agreement.)
The Draft will be returned for final preparation to the State
who will in turn return the necessary copies to the City for signature
of the Mayor and Common Council. Upon completion of all signatures, the'
funds for completion of Phase la of the project will be released and the
process for bidding the project will begin. It is anticipated that
construction will begin again in February or March 1986.
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UULBU _
Dominguez, 11815 Honey Hills, Grand Terrace, to the
Central City Parking place Commission.
Council Member(:;ernandez mad~":2 motion, seconded by
Council Member Quiel and unanimously carried, that the
appa.intment of Dorene Dominguez to the Central City
Parking Place Commission, be approved.
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CALIFORNIA CONSERVATION CORPS ASSISTANCE -
POTENTIAL FLOODING PROBLEMS - LITTLE MOUNTAIN
AND NORTH OF 40TH STREET
In a memorandum dated November 18, 1985, Council
Member Quiel requested authorlzationto use City forces,
equipment. and material and to coordinate with the
California Conservation Corps to address potential
flooding in recent fire areas.
Counci I Member Quiel made a motion, seconded by
Council Member Strickler and unanimously carried, that the
Council. authorize use of City forces, equipment and
material to address potential flooding problems in the
area of Little Mountain and north of 40th Street where
recent fires have made the land barren; further, that the
Public Services Director coordinate with State officials
to obtain Conservation Corps' assistance in accomplishing
this task.
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COUNCIL MEMBER ESTRADA RETURNED
Council Member Estrada returned
Meeting and took her place at the Council
to the
table.
Counc il
SECCOMBE LAKE STATE URBAN RECREATION AREA -
PROJECT - PHASE lA - DRAFT DEVELOPMENT AGREEMENT
In a memorandum dated November 14, 1985, Annie Ramos,
Director of Parks, Recreation & Community Services,
requested that the Draft Development Agreement for phase
la of Construction of Seccombe Lake State Urban Recreation
Area, be approved.
Council Member Quiel made a motion, seconded by
Council Member Estrada and unanimously carried, that the
matter concerning the Draft Development Agreement for
Phase la of Construction of Seccombe Lake State Urban
Recreation Area be continued to the December 2, 1985,
meeting of the Mayor and Common Council in the Council
Chambers, City Hall, 300 North "0" Street, San Bernardino.
RES. 85-495 - RESOLUTION OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION
OF AN AGREEMENT WITH THE STATE OF
CALIFORNIA, THROUGH ITS CALIFO~NIA
CONSERVATION CORPS, FOR ADMINISTRATION OF
A CCC NON-RESIDENTIAL COMPONENT FOR THE
CITY OF SAN BERNARDINO.
The City Clerk read the title of the resolution.
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11/18/85
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AGREEMENT FOR DEVELOPMENT
OF THE
SECCOMBE LAKE STATE URBAN RECREATION AREA
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This agreement, made and entered into this ___ day of
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19__, by and between the State of California, acting through the Department of
Parks and Recreation (OPR) and the City of San Bernardino (City);
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WHEREAS, funds were appropriated to State for working drawings and
construction for development of certain real property hereinafter described on
Exhibit "A", which exhibit is made a part hereof; and
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WHEREAS, State of California may, pursuant to Section 5003 of the Public
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Resources Code, enter into contracts to provide for the development of the
State Park System and may expend funds therefor; and
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WHEREAS, State has available, pursuant to Item 379O-301-721(r) and
Item 379O-311-721(a), Chapter 324, Statutes of 1983, reappropriated by
Item 3790-301-722(25), Chapter 258, Statutes of 1984, and reappropriated by
Item 3790-490-722(4.5), Chapter 111, Statutes of 1985, funds for the
,
development of park and recreational purposes of certain real property,
hereinafter described; and
WHEREAS, CPR and the City desire to enter into an agreement for the
development of certain real property in Seccombe ~ake State Urban Recre.tion
Area, hereinafter described; and
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W~lEREAS, it is to the mutual benefit of the parties hereto that the City
design and construct recreational facilities on DPR lands; and
WHEREAS, the parties compensate the performance of this agreement under
Title 1, Division 7, Chapter 5, Article 1, of the Government Code.
NOW, THEREFORE, in consideration of the mutual covenants contained
herein, the parties do hereby covenant and agree as follows:
1. City shall perform or cause to be performed or furnish or cause to
be furnished labor, plans, equipment, materials, and supplies-required for the
development of CPR land, at Seccombe Lake State Urban Recreation Area,
described on Exhibit "A", in accordance with the attached preliminary plan
marked as Exhibit "B" and Exhibit "C.. All working drawings, specifications,
cost estimates, and drawing for said work prepared by or for City, after
approval by City, shall be forwarded to CPR for review and approval, and no
construction work shall be undertaken until so approved by CPR in writing.
For purposes of the provisions of the deed from City to State of California
for a portion of the land covered by Exhibit "A", all development improvements
to said land, made by City under this agreement; shall be deemed improvements
made pursuant to a plan approved by City.
The working drawings shall conform to the scope of, and no
substantial change or changes shall be made from the preliminary plans
attached as Exhibit "B" and "e" without express written "PPN)v,,1 by CPR.
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2. Costs for performance under paragraph 1 above shall be borne as
follows:
(a) CPR, the actual cost for items (excluding those included in
subparagraph (a) above) shown on the attached Exhibit "C" but not to exceed
$918,840, and the reference hereinafter to "work" or "project" shall refer
only to the items of development the actual costs for which are to be borne by
CPR under this subparagraph.
(b) DPR, the actual cost incurred by City to furnish working
drawings, specifications, contract documents, and administer 'construction
contracts not to exceed $69,160.
3. (a) City agrees to complete work for said recreation facilities
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through its usual procedures and through such procedures to advertise and
solicit bids in writing for such work. "As-built" drawings for the completed
project shall be delivered to CPR within ninety (90) days after completion of
construction.
(b) All work by City under this agreement shall be completed
within ____ months from the award of the construction contract.
(c) City shall not be obligated to accept any bid for said work, or
to carry out work by its own forces, if the bid amount or the cost estimate to
complete the particular part of the work exceeds the amount remaining to be
Paid under this agreement, after allowance for prior incurred cOsts and
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amounts fo~ cont~act administ~ation, inspection of wo~k, and as-built
drawings, unless this agreement is amended in writing to p~ovide for 'such
excess amount.
4. Preparation of working drawings, specification and contract
documents, and construction wo~k for development identified in paragraph 1 and
2(b) above shall be accomplished by City according to the method or in the
manner for performing such work by City as if it were proceeding
independently, except as herein otherwise provided.
5. CPR agrees to pay City the actual cost incurred by City to furnish.
working drawings, specification and contract documents, administer
construction contracts, and development of project. As said work progresses
in aC.l;:ordance with this agreement and the working drawings approved by CPR,
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and upon receipt of written progress repo~ts submitted with City invoices, CPR
shall reimburse City in monthly progress reports. The total amount payable to
the City under this agreement shall not exceed $988,000. To receive payment,
City shall send itemized invoices to the Department of Parks and Recreation,
Development Division, Post Office 80x 2390, Sacramento, California 95811. Ten
percent (lOX) of the total amount payable under this contract shall be
withheld by CPR until the project has been audited, inspected, and deemed
completed in accordance to DPR approved working drawings and specifications
and the agreement.
G. Fixtures and improvements erected on ..id property, shown on
Exhibit "A", by City in accordantt wUh said working drawins' approvld by CPR
hen!\mder "hall become on comp 1.ti01'l of the work a part of the rial tv and
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shall be subject to the terms and conditions of the operating agreement dated
September 20, 1982 as amended.
7.
DPR reserves the right, in addition to any other right it may have,
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to inspect the work during normal working hours, at its discretion as needed
to determine that DPR's funds are being expended in accordance with the intent
of this agreement.
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8. All materials, supplies, and equipment purchased with funds
reimbursed or paid by DPR under this agreement for completion of said work
(for cost items listed in subparagraph (b) in paragraph 2 above as costs to be
borne by DPR) which are not incorporated into such recreational development or
consumed in the work therefor shall be retained and accounted for by City for
use in connection with such recreational development or disposal as directed
by DPR at its option. Proceeds of such disposal shall be paid to DPR upon
demand.
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9. City shall strictly account for the funds disbursed by DPRto City
under this agreement. City shall maintain satisfactory financial accounts,
documents, and records relating to the cost, disbursement, and receipts with
respect to the work and the funds therefor and shall make them available to
DPR in City's offices for auditing at reasonable times and shall retain them
for three years following the completion of the work, or the final payment
therefor whichever is later. The parties hereto agree that until three years
aftel' completion of the work, or the final payment therefor, whichever is
l.ter, that they shell be subject to examination and aUdit by the State
Auditor General.
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10.
City hereby waives
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recourse against DPR including any
right to contribution for loss or damage to persons or property arising from,
growing out of, or in any way connected with or incident to work under this
agreement except claims from the concurrent or sole negligence of DPR or their
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officers, agents, and employees, or under paragraphs 2(b) and 5 above.
City shall to the extent it may legally do so and subject to
availability of funds, indemnify, hold harmless, an~ DPR and its
officers, agents, and employees against any and allAcla:ms, demands, damages,
~ costs, expens~s, or liabilities arising out of the development or construction
of the property described herein except (1) for liability arising out of the
concurrent or sole negligence of.DPR or its officers, agents, and employees
which claims, demands, damages, or causes of action arise under Government
Code Section 895.2 or otherwise, or (2) under paragraphs 2(b) and 5 above.
In the event State of California is named as codefendant under the
provisions of the Government Code Section 895.2 et seq., City shall notify DPR
of such fact and shall defend State of California in such legal action unless
State of California undertakes to represent itself as codefendant in such
legal action in which event State of California shall bear its own litigation
costs, expenses, and attorney's fees. In the event judgment is entere.d
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against State of California and City because of the concurrent ne,ligence of
said entities, their officers, agents, or employees, an apportionment of
liability to pay such judgment shall be made by a court of competent
jurisdiction. Neither party shall request a jury apportionment.
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City shall require the contractor or contractors, before beginning
construction herein referred to, to obtain and maintain in force dur'ing the
period of construction of said recreation facilities, public liability
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insurance in the sum of $250,000 for injury to or death of anyone person; and
$500,000 for injury to or death of more than one person; and property damage
liability insurance in the sum of $250,000. This policy or policies of
liability insurance shall contain the following special endorsements:
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"The State of California, their officers, employees, and agents, are
hereby declared to be additional insured under the terms of this
policy, both as to the activities of City and as to the activities
of the State, their officers, employees, and agents as related to
the activities contemplated in this agreement," .
"This insurance policy will not be reduced or cancelled without
thirty (30) days' prior written notice to the Department of Parks
and Recreation,"
"The State of California is not liable for the payment of any
premiums or assessments on this policy,"
No cancellation provision in any insurance policy shall be construed in
derogation of the continuous duty of City to require such insurance to be
maintained. Said policy or policies shall be underwritten to the satisfaction
of DPR, A signed and complete certificate of insurance, with all endorsements
required by this paragraph, shall be submitted to DPR before construction work
is commenced.
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At least 30 days prior to the expiration of any such policy, a signed and
complete certificate of insurance with all endorsements required by this
paragraph showing that such insurance coverage has been renewed or extended,
shall be filed with CPR.
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11. This agreement may be amended in writing from time to time by mutual
consent of both parties subject to the approval of the State Department of
General Services.
12. Any notice, demand, or request required or authorized by this
agreement to be given or made to or upon DPR shall be deemed properly given if
delivered by certified mail, postage prepaid to the State of California,
Department of Parks and Recreation, P.O. Box 2390, Sacramento, CA 95811.
The notice, demand, or request required or authorized by this
agreement to be made to or upon City shall be deemed properly given or made if
delivered by certified mail, postage prepaid to City of San Bernardino, Parks
and Recreation Department, 300 North "0" Street, San Bernardino, CA 92418.
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The address to which any notice, demand, or request is to be mailed
may be changed at any time by notice given in the same manner as provided in
this article for other notices. Nothing herein shall preclude the giving of
notice by personal services.
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13. Fair Employment Practices Addendum, Standard Form 3 attached hereto
is incorporated herein and for the purposes of this agreement, the word
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"contractor" therein shall mean City.
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IN WITNESS WHEREOF, the parties have executed this instrument upon
the date first hereinabove appearing.
STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
By ______________
CITY OF SAN BERNARDINO
By
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Mayor
By ______
City Clerk
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Approved as to form:
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City Attorney
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EXHIBIT .C.
85/6 Budget Act
Scope for item 3790-490-Reppropriotion
The budget scope for this reppropriotion ore the following:
1. Restorotion of the Adobe Buildjng,
2. Completion of the Povilion Building.
3. Completion of the Zone B
0, Londscope Construction.
b, lnstollotion of Zone B Irrigotion System.
c. lnstollotion of Zone B Londscope Plont.Moteriol
d. Completion of Electricol Instollotion in Zone B.
4. Completion of Tot-Lot/Ploy Areo,*
The obove items ore within the originol scope of the project ondore
contoined in the Working Drowing ond Specificotion os signed on 6/20/84,
sheets 1 thru 96 for Seccombe Lake SURA for Phose 1 A.
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*New scope working drowing for this oreo os prepored by the City of Son
Bernordino,
Exhibit "A" ond 'B" show the gel'lerol oreo of development for these budget
items,
PRElIMINARV DEYELOPMENT PLAN
The development plen for the Seccombe Leke Stete Urban Aree encompesses e totel of 62.5 acres,
The leke itself 'will occupy rouohl y 14% oHhis total. Open space in is conj unction with passive
U3e erellS such as picnic erees, pedestrian peths, walkwalp end plazas eesily represent the
largest sill9le compenent of the proposed perk plen, or almost 62% of total site .ree, Actual
bulldlllQ cover. "IIl1l be llmlted to slightly over 3% of park aree and only rOUQhly '3% oftlle
entire park site '>'ill be improved ...ith vehiculer occess end parkill9facilities.
Tile proposed plan successfully 8CCOunts for e sizable majorltlJ,ofall potential perk uses,
activitias, end characterisitics origi nalllJ produced by the San Bernardi no communitlJ's citizens
and interest groups. Tile facilities and feeture to be provided throUQh this plan have been
prioritized into primarlJ end secondory park element eet890r!es. For the ~t part, the plen hes
been designed eround the spatical requirements of the pri marlJ elements.
These primary elements include the leke, an athletic complex, end V.W.C~., and all\tjor pleza.
Thus, the perk's ere'$ of petalve tnd ..thetle anjoyment Includtng the major pl8Q \lert
8rr81Jtd around Seccombe Lake, end primary prNxistlf19 fecllltv. SImn,rlV, the txlatlll9
V.W.C.A, facility Is locatad on the perk', ,"t side 'Where It ctn enjov..1l'I8 functloOtlaeperetlon,
The prlmerv tctlve element. such" the ethletlc complex.. ~II be situated in tilt northeat
port of the perk ...here they 'vim not be disruptive of more serene or refined park,
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The secondary parh elements, includes over 2.5 miles of pedestrian 'w'81k'w'ays, servera] open
play! ng fields, adjoining picnic and tot-lots, Martin Adobe, and extensive array of visual
amentles, are among bet'w'een and around the primary elements.
This development plan is proposed to undertaken in t'w'o phase. The physical rehabilitation and
expansion of the existing park's grounds and activitias 'w'ill be accomplished in phase I, 'w'hile tha
I ntroduction of major new facilities 'wi 11 a....ait additional fundi ng I n Phase II.
Phase I development plan 'w'as divided Into three aree A, Band C.
Phase lA developed the follo....ing: Lake recorlStuctlon, arid the major entrance pIela, promenade,
parking, restroom/concession building, and landscaping for all this area.
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Phase IB, proposes to develop the follO'w'ing: Ba8eball colllplex, parldng, Maintenance facilities,
restroom/concession buildi ng;completion the pedestrian system, informal playing fields and
picnic ar~, and land8capi ng for all this area.
Phase IC, also known as the Pandle area, The proposed development for this area Is ,as follO'w's:
Wevepool and ....aterslide complex, parking, and landscaping for all this area. Ho'w'ever, no state
funds for development 'will be expended for this area. This area must be funded by the City of San
Bernardi no, or private source,
Phase II, proposes to development of the follo'wing: Cultural Center Complex, parldng and
landscapi ng for this area. HO'w'ever, no state funds for development 'will be expended for this.
/ aree. This erea must be funded by the City of San Bernardino, or private source.
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