HomeMy WebLinkAbout18-Parks & Recreation
, CI'TV OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date: March 20, 2001
o h.' 21'1':/~L
RESOLUTION OF THE CITY OF SAN BERNARDINO
SUbject:AUTHORIZING THE MAYOR OF THE CITY OF SAN
BERNARDINO OR HER DESIGNEE TO EXECUTE
AN AGREEMENT BETWEEN CAL~ORNIA
DEPARTMENT OF FORESTRY AND FIRE
PROTECTION AND THE CITY OF SAN
BERNARDINO FOR THE DEVELOPMENT, USE,
AND MAINTENANCE OF OPEN SPACE PARK
LOCATED AT SIERRA WAY AND 39TH STREET IN
THE CITY OF SAN BERNARDINO.
From: Annie F. Ramos, Director
Dept: Parks, Recreation & Community Services Dept.
Synopsis of Previous Council Action:
None
Recommended motion:
Adopt Resolution
~f'~
Signature
Contact person:
Bill Meyrahn
Phone: 384-5032
Supporting data attached:
staffrepart, Resa, and agreement Ward: 4th Ward
FUNDING REQUIREMENTS:
Amount: N/A
Source: (Ace!. No.)
(Ace!. Description)
Finance:
Council Notes:
Jf/J~ JOI
Agenda Item NO.-1J
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subiect:
Resolution of the City of San Bernardino authorizing the Mayor of the City of San
Bernardino or her designee to execute an Agreement between California Department of
Forestry and Fire Protection and the City of San Bernardino for the development, use,
and maintenance of Open Space Park located at Sierra Way and 39th Street in the City of
San Bernardino.
Backl!:round:
The Parks, Recreation and Community Services Department is recommending that the
attached cooperative agreement with the California Department of Forestry and Fire
Protection be approved. This three-year agreement will provide our school-aged children
the opportunity to learn the basic principles of wildland ecology & management,
archeology, fire prevention, public safety and fire suppression. CDF personnel will
conduct these classes in a newly planned amphitheater that seats 36-40 persons made
from native wood resources and serviced by a hard surfaced access trail which will be
accessible by wheel chair and meet all standards of the Americans with Disabilities Act.
CDF will also provide the staff to plant, maintain, and remove such planted trees
consistent with City guidelines and only upon the prior written approval of the Parks,
Recreation & Community Services Director.
Financial Imoact:
None
Recommendation:
Adopt Resolution
RESQL~I~~V
1
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
2 MAYOR OF THE CITY OF SAN BERNARDINO OR HER DESIGNEE TO EXECUTE
AN AGREEMENT BETWEEN CALIFORNIA DEPARTMENT OF FORESTRY AND
3 FIRE PROTECTION AND THE CITY OF SAN BERNARDINO FOR THE
4 DEVELOPMENT, USE, AND MAINTENANCE OF OPEN SPACE PARK LOCATED
AT SIERRA WAY AND 39TH STREET IN THE CITY OF SAN BERNARDINO.
5
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6
7
8
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino or her designee is hereby
9 authorized and directed to execute on behalf of said City an Agreement with the California
10 Department of Forestry and Fire Protection relating to the development, use, and maintenance of
11 Open Space Park located at Sierra Way and 39th Street in the City of San Bernardino, a copy of
12
13
which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as
though set forth at length.
14
SECTION 2. The authorization to execute the above referenced agreement is rescinded
15
if the parties to the agreement fail to execute it within sixty (60) days of the passage of this
16 resolution.
17 11/
18 III
/II
19 /1/
20 11/
21 11/
/1/
22
/1/
23 III
24 III
/II
25
/II
26 III
27 III
/II
28
/II
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
1 MAYOR OF THE CITY OF SAN BERNARDINO OR HER DESIGNEE TO EXECUTE
AN AGREEMENT BETWEEN CALIFORNIA DEPARTMENT OF FORESTRY AND
2 FIRE PROTECTION AND THE CITY OF SAN BERNARDINO FOR THE
DEVELOPMENT, USE, AND MAINTENANCE OF OPEN SPACE PARK LOCATED
3 AT SIERRA WAY AND 39TH STREET IN THE CITY OF SAN BERNARDINO.
4
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
6 and Common Council of the City of San Bernardino at a Meeting,
day of , 2001, by the following vote to
7 thereof, held on the
wit:
8
9 COUNCIL MEMBERS
10 ESTRADA
11 LIEN
12 MC GINNIS
13 SCHNETZ
14 SUAREZ
AYES
NAYS
ABSTAIN ABSENT
15 DEAN-ANDERSON
16
17
MC CAMMACK
18
19
20
21
22
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
day of
,2001.
JUDITH VALLES, MAYOR
City of San Bernardino
Approved as to form
23 And Legal content:
24
25
James F. Penman
City Attorney
26 By:
27 03-20-o1-Agreement 39" & Sierra Way
28
COOPERATIVE AGREEMENT BETWEEN THE CITY OF
SAN BERNARDINO AND THE CALIFORNIA DEPARTMENT
OF FORESTRY AND FIRE PROTECTION PERTAINING
TO THE DEVELOPMENT, USE AND MAINTENANCE
OF THE UNNAMED OPEN SPACE PARK LOCATED AT
SIERRA WAY AND 39TH STREET IN THE CITY OF
SAN BERNARDINO
THIS AGREEMENT is made and entered into this 12th day of March ,2001 by and
between the City of San Bernardino (hereinafter referred to as "City") and the California Department
of Forestry and Fire Protection (hereinafter referred to as "CDF").
WHEREAS. City is the owner of an unnamed open space park located at Sierra Way and 39th Street
in the City of San Bernardino (hereinafier referrcd to as "the park"), which it is willing to make
available to CDF, at no cost, for purposes of environmental and public safcty education in
cooperation with the San Bernardino City Schools, City Departments and other interested groups;
NOW, THEREFORE, it is agreed by and between the City and the CDF that in consideration of
the leaming experience obtained by students and other interested persons. the City and the CDF will
cooperatively provide materials for such projects and activities as outlined below.
IT IS FURTHER UNDERSTOOD AND AGREED by the parties hereto that:
I. The CDF will conduct the following activities within the park:
A. Presentations on aspects of wildland management, wildland ecology,
archeology, fire prevention, public safety, and fire suppression.
B. Planting, maintenance, and removal of such planted trees consistent with
City guidelines and only upon the prior written approval of the Director
of the Parks, Recreation and Community Services Department.
C. Upon the prior written approval of the Director of the Parks, Recreation
and Community Services Department, and in compliance with all applicable
building and related codes, development of a small amphitheater (seating
36-40 people) made from native wood resources and serviced by a hard
surfaced access trail which will be accessible by wheel chair and meet all
standards of the Americans with Disabilities Act.
D. Upon the prior written approval of the Director of the Parks, Recreation
and Community Services Department, the CDF will sponsor the development
of a fire resistant plant garden which will be representative of fire resistant
plant species. This garden will be planted and maintained by the students and
the CDF.
2. Upon the prior written approval of the City of San Bernardino, the CDF may erect a
sign identifying the park and its use.
3. The CDF shall defend, indemnify and hold City, its otlicers, agents, and employees, harmless
from and against any and all liability, loss, expenses (including reasonable attorney's fees)
or claims for injury or damages arising out of the performance of this Agreement, but only
in proportion to and to the extent such liability, loss, expenses, attorney's fees, or claims for
injury or damages are caused by or result from the negligent or intentional acts or omissions
of CDF. its officers, agents or employees. The reasonable costs, salary and expenses of the
City Attorney and members of his ottlce in enforcing or defending this Agreement shall be
considered as "attorney's fees" for the purposes of this paragraph.
4. City shall defend, indemnity and hold the CDF, its officers, agents, and employees harmless
from and against any and all liability. loss, expenses (including reasonable attorney's fees),
or claims for injury or damages arising out of the performance of this Agreement, but only
in proportion to and to the extent such liability. loss, expenses, attorney's fees, or claims tor
injury or damages are caused by or result from the negligent or intentional acts or omissions
of the City, its officers, agents or employees. The reasonable costs, salary and expenses of
the Califi)rnia Attorney General and members of his office in enforcing or defending this
Agreement shall be considered as "attorney's tees" for the purposes of this paragraph.
5. Any and all improvements made to the park, including, but not limited to trees, gardens,
amphitheater, etc., shall become and remain the property of the City.
6. In the conduct of this Agreement, neither pm1y will discriminate against any willing
participant wishing to utilize the park or receive intormation presentations on the basis of
race, color, creed, religion, ethnic background, gender orientation or physical handicap.
7. This Agreement shall be for a period of three (3) years, commencing from the date indicated
at the top orthe first page. It may be terminated at any time by either party upon the giving
of sixty (60) days advance written notice.
8. Any notice to be given pursuant to this Agreement from one party to the other shall be
deposited with the United States Postal Service. postage prepaid and addressed as follows:
To the City:
Director, Parks. Recreation & Community Services
547 N. Sierra Wav
San Bernardino CA 92410
To the CDF:
1800 N. Si~rr~ W~y
San Bernardino, CA 92405
Nothing in this paragraph shall be construed to prohibit the giving of written notice by
personal service.
IN WITNESS WHEREOF the parties hereto have executed this COOPERATIVE
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE CALIFORNIA
, .
/
DEPARTMENT OF FORESTRY AND FIRE PROTECTION PERTAINING TO THE
DEVELOPMENT, USE AND MAINTENANCE OF THE UNNAMED OPEN SPACE PARK
LOCATED AT SIERRA WAY AND 39TH STREET IN THE CITY OF SAN BERNARDINO
effective on the day and year first written above and warrant and guarantee that they have the
authority to so execute said COOPERATIVE AGREEMENT.
CALIFORNIA DEPARTMENT OF FORESTRY
AND FIRE PROTECTION
Dated: :? - / 2..-
.2001
By, k~~ t--.J c) /r
?
f/
Its: ..Unit Chief.
CITY OF SAN BERNARDINO
Dated:
.2001
By:
Judith Valles
Mayor, City of San Bernardino
Approved as to form and legal content:
City Attorney
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): ~ Item # I~
Vote: Ayes 1-5, 'I Nays ~
Change to motion to amend original documents:
Resolution # -ZOO\ -( '"2...
Abstain 8- Absent (,
Reso. # On Attachments: ~ Contract term:
Note on Resolution of Attachment stored separately: -=-
Direct City Clerk to (circle I): PUBLISH, POST, RECORD WICOUNTY
Date Sent to Mayor: I-/-l'll-(:) \
Date of Mayor's Signature: A-lq-~\
DateofClerklCDC Signature: 4-\0,-'0
Date Me olLetter Sent for Signature:
60 Day Reminder Letter en 0
90 Day Reminder Letter Sent on 45th day:
See Attached:
See Attached:
See
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
City Attorney v'
Parks & Rec. II'"
Code Compliance Dev. Services
Police Public Services Water
Notes:
NullNoid After: l.,o {)A~~ J fo-I~-O I
I
By: -
Reso. Log Updated:
Seal Impressed:
V"
,/
Date Returned:
Yes 1/'
No By
No -..L By
No / By
No / By
No / By
Yes
Yes
Ves
Yes
EDA
Finance
MIS
Others:
BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.)
Ready to File: In:r:..-.-
Date: 4-'2:6-0 I
Revised 01/12/01