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HomeMy WebLinkAboutContracts & Agreements_3-1991_CCv0001.pdf REGIONAL PARKS DEPARTMENT k11111/7/ SAN BERNARDINO COMM PUBLIC WORKS GROUP' 026 E8#t Third Strac San Bernardino, CA 92416=0933 (714) 397.2694 January 15, 1991 Dan Rodrigauz City of Redlands P- 0- BOX 3003 Redlands, CA 92373 SUBJECT: PARK AND OPEN SPACE XOU REVISION Dear Mr. Pograez Attached for your use are the following: 1. A revised Page 4 Paragraph to the Nou sent on December 111 1990. 10 has been revised to more Clearly describe haw Cities and park and recreation districts Will be GX0XPt4d from any pro and post election costs for the District formation. 2. A draft resolution the Regional Parks Department will for Board of Supervisors Consideration on Februa ,pre1991 sent during a Public hearing to Set the June election to 4 District. This resolution is still form the being reviewed b County Counsel, but Should Provide useful information in this draft format, 3. updated zone project information. list and revenue apportionment Ploase use these items, an needed, for City/Council Governing Board presentations. Contact me With any questions. Sincerely, GERRY col'x" Interim Director GN18mr Attachments File: 29-25.1 a-#m*moxou.qn T f lES3 ��ARD��4 SAN BERNARDINO COUNTY PUBLIC WORKS GROUP 'onal Parks Department 1 R8 25 East Thlyd Street San Bemardino, CA 92415-0833 (714) 387-2594 (Office) (714) 387-2052 (FAX) DATE: 1/15/91 _ NUMBER OF PACES (Including this page) TO: Dan Rodri ue2 City of Redlands FAX #799-7503 FROM: Garry Newcombe Interim Director COMMENTS: PLEASE CALL THE TELEPHONE NUMBER LISTED ABOVE IF YOU EXPERIENCE PROBLEMS WITH THIS TRANSMISSION IIWW t&v4L- VW503;#14 PROPOSED SAN BERNARDINO COUNTY PAR(AND OPEN•SPACE DISTRICT 1/7/91 PROPOSED ZONE PROJECT uST S. ai'Y -'.{�'1iY'SL7�.�:'S::`.. ..yY.Y Y'.' i.•�f '' Open Space DIS Proms 1• Santa Ana RKW TraN IL Maas one c onstrueWn b. Phi two construction $3,560,000 1594 4,076,000 7Qw 2. Gratton Hills Open Spans AcgttaoA Initial Phase 2,250,000 1986 3- San Timateo/Uva Oak Canyons&wllson Creek Trail System- Initial Phase 1,215,000 1995 4. W 1 11fe Corridor$tiny implementation 1 t28fl'4Q0 1993 S. Yucaipa Region6i Park IMprovwnents 11150,000 1905 East Vasey Zone Tota!" $13,800,004 The asaessmenta w1II also be Used for operations and maintenanC6 of faClI les developed through the d h*icL 'Total d iab' t Pro*at exPwx tors bated on eswnge of a ding#revanues to support reP*yTWM of bong after deducong for dlstrlct adminlstrabon, operratlon and maintenance. RECOMMENDED ZONE REVENUE APPOATIONA+IENTS Hl iarMf 10,079 $177,441 Loma Linda 4,371 $177,441 Reds 17,WS $78,961 $76,951 $309,"g Yucelpt-ems. 10,40Q ►989 $17$ un�at� 7,U4 .484 $178,0$0 �i891 •r, - "R a �t�s{p50% of M.21,which Is actual,�samsnt raw after t38dUcMQrLt1���1E0�11�p{W#tt�j1 381 $ 40-Assessrre..t amount" - .26-Auditor/Con trWW Ret md@r tost/parcs, -S4,- Pant d: -- &Open SPaft DWOkI meWmm dtaturswn*M fee(1 1/2%) S The District will expend S-0%-of its share of revenue collected from Parcels within Rancho Cucamonga and its aphers of influence on pear Crook Regional Park and Jot on Cucamonga- Guasti Regional Park through buildout of thos+s parka' rezespectiv+e master__plans. After Completion of those prOJOct$I new District project lists will be developed in cooperation with the communities Participating in the District. 3. Chino Hills parkland AdquiSiticn 4. Prado Basin open Spaces Acquisition 5. Prado Regional Park improvements M�XINT n IN M: D{ tri est Prciects 1, Laks Gregory Regional Perk improvements. 2. Valley of Enchantment and Acquisition. 3 . Holcomb Valley Area Habitat Acquisition. a-Oi r proi aceta 1. Baldwin Lako Park 2. Ria--O-f the world Gym/Pool Complex and Land Acquisition 3. Valley of Enchantmant Natures Park 4. Bear valley Rabital conservation Plan x Xoonridge Zoo Relocation 6. \oar Valley Regional serving Parks - Restroom Development and 4 maintenance ( etcalf, Civic Center,, Bartlett, Knickerbocker) City Clerk's Office Cipy of Redlands Rost Office B..2090 Redlands,California 92373 MEMOR-AMUM OF UNDERSTANDING RELATING TO THE PROPOSED SAN BERNARDINO COUNTY PARR AND OPEN SPACE DISTRICT This Memorandum of Understanding (hereinafter referred to as "MOU") is entered into on the date signed below by and between the San Bernardino County Regional Parks Department (hereinafter referred to as "Department") and the City of Redlands (hereinafter referred to as "Participant") . RECITALS WHEREAS, Section 5506.8 of the California Public Resource Code, as added by Chapter 1017 of the Statues of 1990, effective January 1, 1991, authorizes the formation of a Park and Open Space District in San Bernardino County; and WHEREAS, such proposed Park and Open Space District would be formed for the general purpose of acquiring, preserving, protecting, developing, operating and maintaining open space, parks, recreation facilities and habitat conservation areas, as well as hiking, bicycle and equestrian trails; and WHEREAS, the parties hereto expect that the Board of Supervisors of the County of San Bernardino, as authorized in Public Resources Code Section 5506.8, will initiate proceedings to establish a San Bernardino County Park and Open Space District (hereinafter referred to as "District") and call an election to determine whether the proposed District should be established and whether a special benefit assessment should be levied on real property within the proposed District; and WHEREAS, pursuant to Public Resources Code Section 5506.8, it is also expected that Participant will, by resolution of its governing body, request to be included within the proposed District for open space purposes; and WHEREAS, the Department is administering the organ4zation of the District; and WHEREAS, Participant and Department wish to set forth in this MOU their intent and understanding of the desired relationship between the District and Participant in the event the District is formed, while recognizing that the District cannot enter into or be bound by agreements entered into prior to its establishment, and further recognizing that this MOU is a formative document that is subject to final approval by District (once formed) and Participant. NOW THEREFORE, the parties hereto agree as follows: 1 1. Revenue generated within the Participant's boundaries shall be divided SO to the Participant and 50% to the District. [Where tow Participants' jurisdictional boundaries overlap (i.e. a park and recreation district whose boundaries include an incorporated city as well as unincorporated land) , revenue collected by the District from parcels within the city shall be disbursed, according to the apportionment agreed upon for that zone, entirely to the city] . Such amounts shall be determined after deducting the costs identified in paragraph 9. Participant's share is intended for use under the sole control of Participant for park and open space purposes as defined in Division 5, Chapter 3, Article 3 of the Public Resources Code and in accordance with the terms of this MOU. 2 . The District's share of revenues generated in the Participant's Zone shall be expended within that zone. A zone is a geographic subdivision of the District established for administrative purposes. It is anticipated that the District's zones shall substantially correspond to the planning districts identified in the San Bernardino County Regional Parks Department Strategic Master Plan, dated October 31, 1988. 3 . During the first five years following the establishment of the District, no more than 50% of the Participant's cumulative share for that five year period, and no more than 50% of District's cumulative share for that five year period, may be used for operations and maintenance of projects authorized and funded after the date of establishment of the District. A project is defined as land acquisition, capital improvement, rehabilitation, program(s) for park and open space purposes, and includes planning, such as master plans, for such projects. Operations and maintenance costs include salaries, benefits, materials, services, supplies, equipment, and administrative overhead associated with the daily operation of the project. At no time may revenues derived from the benefit assessment be used for operation and maintenance for projects authorized and funded prior to the establishment of the District. 4. Both the Participant and the District shall make a good faith effort to maintain the existing level of funding for parks, trails, recreation and open space purposes. 5. It is the intent of both the Participant and the District that in the event of annexation of unincorporated territory within the District by the Participant, the same share of revenue from the annexed area committed to the funding of District projects prior to annexation shall continue to be committed to those projects until indebtedness incurred by the District for said projects is retired. When this indebtedness is retired, 2 the apportionment formula then in effect with the Participant shall be in effect in the annexed area. It is further the intent of both the Participant and the District that should the Participant annex territory that encompasses a park, trail or open space improvement planned by the District, assessment funds accumulated for the planned improvement will be transferred to the Participant if the District elects not to proceed with the project. The aforesaid notwithstanding, final determination regarding the status and apportionment of revenues generated within the annexed area shall be determined by the Local Agency Formation Commission (LAFCO) in conjunction with its approval of the proposed annexation. LAFCO's determination shall be binding on both the District and the Participant. 6. Both the District and the Participant shall be bound, upon detachment from the District by the Participant, by the final determination of IAFCO regarding the amount of revenue to continue to be committed to debt retirement by the Participant for debts incurred by the District. 7. The District shall prepare or cause to be prepared an annual audit of revenues and expenditures by the District and deliver a copy to the Participant. The Participant shall conduct an equivalent annual audit regarding its expenditure of revenues derived from the District and deliver a copy to the District. Each entity shall bear the cost for preparation and distribution of its audit from its share of the District revenues. 8. The District and the Participant shall each prepare a multi- year Capital Improvement Plan (CIP) for the acquisition and development of parks, recreational facilities, trails and open space areas within two years of establishment of the District and shall periodically revise and update said plan. The CIP will include project titles, brief project descriptions and project cost estimates. 9. The Participant's share of the revenues collected within its boundaries shall be disbursed to the Participant within thirty (30) days after the revenues are disbursed to the District by the Auditor/Controller-Recorder's Office (A/C-RO) . The AC- RO's costs associated with the collection and disbursement of revenues, including the necessary updating of information regarding the number and status of parcels within the District, shall be deducted from all revenues prior to division of the revenues between the Participant and the District. The amount deducted for the District's administrative costs associated with collection and disbursement of revenues (but not including the A/C-RO's costs) shall be limited to a maximum of one and one-half percent (1.5%) of the total revenue generated by the benefit 3 ON r assessment. S t 1( The Participant shall have no financial obligation for the casts of election , formation , or other expense for prior to the District being approved by the voters . b Further, no obligation or other indebtedness shall be incurred by the District for a ny project within he Participant 's boundaries and the Participant shall havenofinancial obligation for any post election expenses of the District until the substance of this MOU is approved and executed by the Participant and the District. 11. It is the intent of the parties to this MOU that it ' s substance shall be submitted to the Governing Board of the District, once established, for approval in the form of a binding agreement between the District and the Participant. The parties recognize that the substance of this mou is not binding unless and until such an agreement is approved and executed by the Participant and the District. SAKI BERNARDINO oB _y REGIONAL PARKS DEPART Et4T CITY OF REDLA DS Interim Dir "ctor � r r` ._ EST: C i ty 4