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Home My WebLink AboutContracts & Agreements_124-2005SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT FAS STANDARD CONTRACT FOR COUNTY USE ONLY E X X _ New Change Cancel Vendor Code SC Dept A Contract Number a5 - 4, q6,X County Department Dept Orgn Flood Control District 097 097 Contractor's License No Flood Control Distnct Contract Representative Ph Ext Kenneth C Eke 7 7997 Amount of Contract Fund Dept Organization Appr Obj/Rev Source Activity GRC/PROJ/JOB Number Commodity Code Estimated Payment Total by Fiscal Year FY Amount I/D FY Amount IID Project Name MOU — CITY OF REDLANDS MULTI USE TRAIL SYSTEM THIS CONTRACT is entered into in the State of California by and between the San Bernardino County Flood Control District, hereinafter called the District, and Name CITY OF REDLANDS Address 35 CAJON STREET REDLANDS, CA 92373 Phone (909) 798 7555 Federal ID No or Social Security No Birth Date IT IS HEREBY AGREED AS FOLLOWS hereinafter called CITY (Use space below and additional bond sheets Set forth service to be rendered amount to be paid manner of payment time for performance or completion determination of satisfactory performance and cause for termination other terms and conditions and attach plans specifications and addenda if any.) MEMORANDUM OF UNDERSTANDING WITNESSETH WHEREAS, the CITY and DISTRICT desire to cooperate in the development of the multi -use trail system and to effect the Memorandum of Understanding, and WHEREAS, the CITY and DISTRICT each recognize the benefits of the multi -use trail system to the community's residents, and WHEREAS, the multi -use trails will serve as the main connectors to both regional and local parks, scenic canyons, national forest lands, open space areas as well as residential, commercial and industrial land uses, and WHEREAS, these multi -use trails are intended for use by a variety of residents of the community including hikers/joggers, bicyclists, and equestrians, and WHEREAS, CITY desires to effect, at no cost to DISTRICT, the construction, operation and maintenance of a multi -use trail system including bicycle trails, equestrian trails, pedestnan trails, and associated convenience trail amenities (i e , benches, hitching posts, signs, access gates, dnnking fountains, fencing, and similar devices, etc ) which may necessitate CITY'S use of certain DISTRICT fee owned nghts-of-way, and WHEREAS, said multi -use trail system and appurtenances may occupy, in part, portions of lands the DISTRICT hold easement on, hereinafter called DISTRICT EASEMENT, subject to CITY acquiring the underlying fee owners' approval for said multi -use trail system and appurtenances over DISTRICT EASEMENT, and Page 1 of __3_ WHEREAS, CITY'S General Plan, Parks and Recreation Element, adopted March 24, 1992, includes provisions for a multi -use trail system that may be located upon DISTRICT lands and DISTRICT EASEMENTS including, but not limited to, those further described as follows Facilities Zanja Creek, Morrey Arroyo, Mission Channel, San Timoteo Creek, Brown Ditch Reservoir Canyon Storm Drain, Redlands Storm Drain #1, Santa Ana River and Mill Creek Reach All portions located on DISTRICT fee owned land and DISTRICT EASEMENTS located within the CITY boundaries and as indicated by thehighlighted areas on the attached "Redlands Planning Area, GP Figure 7 1 Trails Map " These facilities, hereinafter referred to as AREA OF COMMON USE, are shown on attached map, Exhibit "A", attached hereto and incorporated herewith, and WHEREAS, DISTRICT desires to preserve, maintain, construct, and operate flood control and water conservation works within and across said AREA OF COMMON USE, and NOW, THEREFORE, IT IS UNDERSTOOD AND MUTUALLY AGREED AS FOLLOWS 1 CITY shall, within one hundred eighty (180) days of the date of the agreement, provide to DISTRICT a conceptual plan, and other information, detailing CITY'S proposed multi -use community trail system in the AREA OF COMMON USE The plan shall include adequate detail and information to define locations of equestrian, bicycle and pedestrian trails, and also trail amenities Such definition shall show specific trail locations (le , side of channel or basin where trail is to be located), locations of bridge crossings, trail access points, rest areas, and standards to be utilized in eventual construction It shall be noted that in areas where lands adjacent to DISTRICT rights-of-way are currently undeveloped or only partially developed, it may not be possible to define a specific trail alignment or location until the adjacent lands are develop[ed In such areas, it would be acceptable to the DISTRICT for the CITY to define a desired Trails Mater Plan with the understanding that the trail would be subject to further review and possible relocation to be compatible with future land development or DISTRICT needs Such future developments may occur in both CITY and unincorporated areas 2 DISTRICT shall, upon receipt of a conceptual plan, review said plan and provide to CITY within ninety (90) days of receipt of plans, either written acceptance of conceptual plan or comments on plan that will require further attention and response by CITY before DISTRICT can accept plan Through acceptance of the conceptual plan, the DISTRICT will consent to a plan for the CITY'S construction, reconstruction, maintenance and operation of a multi -use community trail system for use by CITY residents and others, at no cost to the DISTRICT within the AREA OF COMMON USE, provided that no such use, occupancy, construction, reconstruction, or maintenance shall be effected by CITY may interfere or conflict with any structures, facilities, operations or uses which DISTRICT has or intends to have upon said lands The determination of interference or conflict will be made by the DISTRICT 4 Such plan consent shall be subject to, and have no force or effect unless and until it is confirmed by a resolution of the Board of Supervisors of the DISTRICT 5 The development and construction of individual portions of the approved conceptual plan shall be accomplished under a separate agreement to be prepared by the DISTRICT This agreement will be prepared in a manner that will enable individual projects to be added as they are developed and constructed Page 2 of 6 To initiate any project and agreement, the CITY will be required to make a written request to the Flood Control Engineer of the DISTRICT at least one hundred twenty (120) days prior to the date of any proposed occupancy or use of the DISTRICT'S nght-of-way The request shall include complete plans and specifications for the Intended work BE IT FURTHER AGREED AND MUTUALLY UNDERSTOOD THAT 1 All trails shown on the conceptual plan will be subject to location specific review by the DISTRICT for consistency with DISTRICT'S use of the area for its purpose and for compatibility with future adjacent land uses 2 This Memorandum of Understanding is valid only to the extent of DISTRICT jurisdiction Permits or other approvals required by other cognizant agencies shall be the responsibility of the CITY Nothing contained in this Memorandum of Understanding shall be construed as a relinquishment of any rights now held by the DISTRICT IN WITNESS WHEREOF, the parties hereto have caused the Memorandum of Understanding to be executed by their respective officials thereunto duly authorized SAN BERNARDINO Bill Postmus Chairman, Board of Supervisors TROL DISTRICT Dated ATTESTED JUI 12 7005 Secretary of the Flood Control District CITY OF REDLANDS, A MUNICIPAL CORP (State if corporation, company, etc ) By ► Susan P- . pler (Authorized signature) Mayor Dated June 21, 2005 Attest. (l,, Lor e Poyzer, f ty lerk Address P 0 Box` 005, Redlands, CA 92373 Approveri,s togal Form c Linty ousel Date Review4sAffirm tiv-ction Date 6/2 SkS Bee d for Pro Agency Administrator AO Date Page 3 of 3_ REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA AND RECORD OF ACTION July 12, 2005 FROM PATRICK J. MEAD, Director Department of Public Works — Flood Control SUBJECT. MEMORANDUM OF UNDERSTANDING FOR RECREATIONAL MULTI -USE COMMUNITY TRAILS WITH THE CITY OF REDLANDS — FILE 3-000 RECOMMENDATION' Acting as the governing body of the Flood Control District (District), approve (Agreement No 05-696) Memorandum of Understanding (MOU) between the District and the City of Redlands to facilitate development of a recreational multi -use community trail system within portions of Distnct nght-of-way in the City of Redlands BACKGROUND INFORMATION* The District and the City of Redlands desire to cooperate and effect a MOU for the development of a recreational multi -use community trail system within the City The proposed recreational multi -use trails will serve as the main connectors to both regional and local parks, scenic canyons, national forest lands, open space areas, as well as residential, commercial and industrial land uses The trail system is intended for use by residents of the community, in a variety of ways including hikers, Joggers, bicyclists and equestrians This MOU would allow the City use of District owned land for the proposed trail system The MOU will benefit the District by reducing the District's maintenance costs, as a result of the City maintaining portions of the District's right-of-way used for the recreational multi -use community trail system The Mayor of the City of Redlands signed the MOU on June 21, 2005 REVIEW AND APPROVAL BY OTHERS. This item was reviewed by Deputy County Counsel Charles S Scolastico (387-5481) on June 24, 2005, and the County Administrative Office (Tom Forster, Administrative Analyst, 387-4635) on June 27, 2005 FINANCIAL IMPACT This item will have no financial impact on the District Development, operation, and maintenance of the trail system will be at the sole expense of the City SUPERVISORIAL DISTRICT(S) 3rd PRESENTER* Patrick J Mead, 387-7906 Page 1 of 1 cc Flood -Eke w/agreement Contractor c/o Flood w/2 agreements IDS w/agreement Auditor -Valdez w/agreement Risk Management PW Mead Retirement Board Tim Barrett CC-Scolastico CAO -Forster File-PW/Flood w/agreement tth Rev 07/97 Record of Action of the Board of Supervisors Agreement No 05-696 APPROVED 9811SENT,CALENDAR) 4tffD OF SUPERVISORS FSAN BERNARDINO MOTION �o s a j' s E ABSENT SAN BERNARDINO DENA SM ;: H, I s THe BOARD BY DATED. J MOVE 5 ITEM 030 SAIF* BERNARD! 1141.22 WWWWWI.JWWWWW LU.G.ONt'A sae RDc O JNTAIN /JEW 3ASIN ANJA_u_G 5TH AVE :RSD AND: SCOTT BASIN 1LSaN YUCAIPA BLVD LD 000 City of Redlands Memorandum of Understanding Exhibit A (Area of Common Use) MOU - Trails - County Flood Control District - Councilmember Harrison expressed his appreciation to staff and moved to approve a memorandum of understanding with the San Bernardino County Flood Control District to allow development of City trails within flood control right-of-way and authorized the Mayor to execute, and the City Clerk to attest to, the document on behalf of the City. Motion seconded by Councilmember George and carried unanimously. Model Home Agreement - Beazer Homes Holdings Corporation - On motion of Councilmember Gilbreath, seconded by Councilmember Gil, the City Council unanimously approved the model home agreement for Tract No 16390, located on the north side of Pioneer Avenue, approximately 600 feet west of Orange Street, and accept the associated faithful performance bond in the amount of 580,000 00 to allow the development of a four -unit model home complex prior to the recordation of the final map subject to the conditions as recommended by staff and contained in the staff report, and authonzed the Mayor to execute, and the City Clerk to attest to, the document on behalf of the City Policy - Status of Environmental Reports - On motion of Councilmember Gilbreath, seconded by Councilmember Gil, the City Council unanimously received a report from the Community Development department and supported staff providing the City Council updates on the status of environmental reports as submitted by outside entities to the City of Redlands Appointments - Human Relations Commission - On motion of Councilmember Peppler, seconded by Councilmember Gilbreath, the City Council unanimously appointed Sue Greenfeld to a four-year term on the Human Relations Commission Councilmember Gil expressed his appreciation to Leanora Jimenez -Sines for her two terms of service on this commission On motion of Councilmember Peppler, seconded by Councilmember George, the City Council unanimously appointed Charles Hyman to a four-year term on the Human Relations Commission as recommended by Mayor Peppler Proclamation - Safe Kids Summer - On motion of Councilmember Gilbreath, seconded by Councilmember Gil, the City Council unanimously authonzed issuance of a proclamation declaring the Summer of 2005 as Safe Kids Summer and calling upon all residents to help education families about summer safety Resolution 6414 - Locomotive Emissions - On motion of Councilmember Gilbreath, seconded by Councilmember Gil, the City Council unanimously adopted Resolution No 6414, a resolution of the City Council of the City of Redlands expressing the City Council's support for Assembly Bill 1222 (Jones), Assembly Bill 888 (De La Torre), and Senate Bill 459 (Romero) which would enact locomotive and rail yard emissions reduction and mitigation programs, a June 21, 2005 Page 4