HomeMy WebLinkAbout4735_CCv0001.pdf RESOLUTION NO. 4735
RESOLUTION OF THE REDLANDS CITY COUNCIL REQUESTING TO BE
INCLUDED IN THE CREATION OF A PROPOSED SAN BERNARDINO COUNTY
REGIONAL PARKS AND OPEN SPACE DISTRICT
WHEREAS, Section 5506.8 of the California Public Resources
Code, as added by Chapter 1017 of the Statutes of 1990, authorizes
the formation of a Regional Park and Open Space or Regional Open-
Space District in San Bernardino County; and
WHEREAS, such proposed Regional Park and Open Space District
would be formed for the general purpose of acquiring, preserving,
protecting, operating and maintaining open space, parks, habitat
conservation areas, as well as hiking, bicycle and equestrian
trails; and
WHEREAS, the Board of Supervisors of the County of San
Bernardino, as authorized in Public Resources Code Section 5506. 8 ,
intends to initiate proceedings to establish such a proposed
Regional Park and Open Space 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,
any city or park and recreation district within San Bernardino
County may, by resolution of its governing body, request to be
included within the proposed Regional Park and Open Space District
for regional and local park and open space purposes; and
WHEREAS, the City Council of the City of Redlands desires to
provide its voters within the City of Redlands with the opportunity
to participate in an election to determine (i) whether the proposed
Regional Park and open Space District should be established and
(ii) the amount of the proposed assessment or range of the proposed
assessment.
NOW, THEREFORE, the City Council of the City of Redlands
hereby requests to be included in the proposed San Bernardino
County Regional Parks and Open Space District.
ADOPTED, SIGNED AND APPROVED this 15th day of January 1991.
aya a ""-"o Akedlands
ATTEST;
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I, Lorrie Poyzer, City Clerk of the City of Redlands hereby certify
that the foregoing resolution was duly adopted by the City Council
at a regular meeting held on the 15th day of January 1991 by the
following vote:
AYES: Councilmembers Beswick, Cunningham, Larson, Milson; Mayor DeMirjyn
NOES: None
ABSENT: None
Ci-Ey Clerk
NOTE: Original filed in Agreements (MOU) City Clerk's Office
City of Redlands
Past Office Box 2090
Redlands.California 923?3
MEMORANDUM OF UNDERSTANDING
RELATING TO THE PROPOSED
SAN BERNARDINO COUNTY
PARK 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 organization 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:
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1. Revenue generated within the Participant' s boundaries shall be
divided 50% 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,
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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 LAFCO 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 (CTP) 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
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assessment.
10. The Participant shall have no financial obligation for the
costs of election , formation , or other expense incurred
prior to the District being approved by the voters .
Further , no obligation or other indebtedness shall be
incurred by the District for any project within the
Participant ' s boundaries and the Participant shall have no
financial 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.
SAN BERNARDINO COUNTY
REGIONAL PARKS DEPARTMENT CITY OF REDLANDS
r
Interim Dir for May r
TEST:
City Clerk
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EXHIBIT "A"
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Those porti9ns of the County of San Bernardino, State of
California, described as follows:
PARCEL NO, 1
Beginning at the Southwest corner of Section 19 , Township 5
North, Range 7 West, San Bernardino Meridian, said point being
the intersection of the San Bernardino and Los Angeles Coi4nty
line with the center line of Palmdale Road;
Thence Easterly along said center line of Palmdale Road to
the East line of Section 23 , Township 5 North, Range 6 West, San
Bernardino Meridian;
Thance South along section lines to the Northwest corner of
Section 11, Township 3 North, Range 6 West, San Bernardino
Meridian;
Thence East along the North line of Sections 11 and 12 to t:ie
Northeast corner of said Section 12 ;
Thence South along the Range line between Ranges 5 and 6
West to the Northwest corner of Section IS) , Township 3 North,
Range 5 nest, San Bernardino Meridian;
Thence East along the North line of said Section 19 to the
Northeast corner thereof;
Thence South along section lines to the Northwest corner of
Section 5, Township 2 North, Range 5 West, San Bernardino Meridian;
Thence East along the North line of said Section 5 to the
Northeast corner thereof;
Thence South, along the East lane of Sections 5 and 8 to the
Northwest corner of Section 16;
Thence East along section lines to the Southwest corner of
Section 7, Township 2 North, Range 7 West, San Bernardino Meridian;
Thence North along the West line of sections 7 and 6 to the
Northwest corner of said Section 6 ;
Thence East along the Township line betwQen Townships 2 and
3 North to the Southwest corner of Section 33, Township 3 North,
Range I West, San Bernardino Meridian;
Thance North along the West line of Sections 33 , 28 and 21
to the Northwest corner of said Section 21 ;
. Thence East along saction lines to the Northeast corner of
Section 21, Township 3 North, Range 2 East, San nernard�no
Meridian;
Thence South along- section lines to the Towns;;ip line
between Townships 2 and 3 North;
Thence East along said Township line to the Range line
between Ranges 2 and 3 East;
Thence South along said Range line to the Township ling
between Townships 1 and 2 North;
Thence East along said Township line to the Ranges line
between Ranges 4 and 5 East;
Thence North along said Range lane to the Township line
between Townships 3 and 4 North;
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Thence East along said Township line to the Range line
between Ranges 5 and 6 East;
Thence North along said Range liner to the Township line
between Townships 4 and 5 North;
Thence East along said Township line to the Range line
between Ranges 9 and 10 East ;
Thence south along said Range Zine to the Township line
between Townships 3 and 4 North;
Thence East along said Township line to the West line of
Section 6, Township 3 North, Range 11 East, San Bernardino
Meridian;
Thence North along said West line to the Northwest corner of
said section 6;
Thence East along the Township line between Townships 3 and
4 North to the Range line between Ranges al and 12 East;
Thence South along said Range line to the Township line
between Townships i and 2 North;
Thence East along said Township line to the Range line
between Ranges 12 and 13 East;
Thence South along said Range line to the Southeast corner
of Section 36, Township 1 South, Range 12 East, San Bernardino
Meridian, said corner being on the San Bernardino County line.
Thence West- along said county line and continuing along said
County line, following all of its various courses to the POINT OF
BEGINNING.
PARCEL NO. 2
Beginning at the southwest corner of Section 33 , Township 7
North, Range 3 West, San Bernardino Meridian.
Thence North along section lines to tha South line of
Section 33 , Township 8 North, Range 3 West, San Bernardino
Meridian;
Thence West along said South line to the Southwest corner of
said Section 33 ;
Thence North along section Lincs to the West quarter corner
of Section 4 , Township 9 North, Range 3 West, San Bernardino
Meridian;
Thence East along quarter section lines to the East line of
the West halt of the Southwest quarter of Section 2 , same Township
and Range;
Thence South along said East line to the North line of the
South half of the South halt of said Section 2 ;
Thence East along said North line to the West line of
Section 1;
Thence North along said West Nine to the West quarter corner
of said Section 1 ;
Thence Fast along quArtnr section Tines to the West quarter
corner of Section 2, Township 9 North, Range 2 west, San Bernardino
Meridian,,
Thence .north along section lines to the Nortrwest corner oI
Section 26, Township 11 North, Range 2 West, San Bernardino
Meridian;
Thence East along section 'lines to the San 9ernardrno
Meridian lire; ,
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Thence South along said Meridian line to the Northwest
corner of Section 6, Township 10 North, Range I East, San
Bernardino Meridian;
Thence East along the Township line between Townships 10 and
11 North to the Range line between Ranges 1 and 2 East;
Thence South along said Range Zine to the Northwest corner
of section 30, Township 9 North, Range 2 East, San Bernardino
Meridian;
Thence East along section lines to the Range line between
Ranges 2 and 3 East;
Thence South along said Range line to the Township line
between Townships 6 and 7 North; 11
Thence West along said Township line to the East line of
Section 36, Township 7 North, Range 1 West, San Bernardino
Meridian;
Thence South along said East line to the Southeast corner of
said Section. 36;
Thence West along the Township line between Townships 6 and
7 North to the POINT OF BEGINNING.
LARRY E. COTTON
COUNTY SURVEYOR
COUNTY OF SAN BERNARDINO �'�,PHJ~�`� '-
ByDeputy 1S 5001
��� t 7rC EXPIRATION DATE ]S;•
L.S. G30Jt
Bate 01 1 r�of CAt�F��
COUNTY SURVEYOR'S OFFICE
January 7 , 1991
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S1tHIBIT "B"
The following regional and joint projects shall be accomplished
through the District share of revenues generated by the District.
Revenues collected from a participating community will be expanded
by the District only for projects that benefit that community.
After completion of the projects listed below, now District project
lists will be developed in cooperation with communities from each
zone participating in the District.
East Valley
1. Santa Ana River Trail Construction
2 . Crafton Hills Open Space Acquisition
3 . San Timoteo/Live Oak Canyon/Wilson Creek Trail Construction
4 . Wildlife Corridor Study Implementation
5. Yucaipa Regional Perk Improvements
Central valley
1. Glen Helen Regional Park Improvements
2. Aqua Manna Regional Park Development
3 . Santa Ana River Trail construction
4 . Santa Ana River Trail Connectors (Lytle and Cajon Creeks)
5. Phelan park Development
Went Valley
1. Door Creek Regional Park Development
2. Cucamonga Guasti Regional Park Improvements