Resolution No. 2025-026
Resolution 2025-026
February 5, 2025
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RESOLUTION NO. 2025-026
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE REDESIGNATION OF REAL
PROPERTY OWNED BY THE SAN BERNARDINO
MUNICIPAL WATER DEPARTMENT, GENERALLY
LOCATED ON THE NORTH SIDE OF EAST 6 TH STREET,
WEST OF PEDLEY ROAD, ALSO KNOWN AS APN 0278-
181-20 AND A PORTION OF 0278-191-30; AND AUTHORIZE
THE CITY MANAGER TO EXECUTE THE
MEMORANDUM OF UNDERSTANDING.
WHEREAS, the Mayor and City Council (the “City Council”) of the City of San Bernardino (the “City”), acting as the highest governing body of the City of San Bernardino, a charter city, with regards to general government services; and WHEREAS, by the CHARTER OF THE CITY OF SAN BERNARDINO, the COUNCIL is the highest governing body of the CITY OF SAN BERNARDINO with respect to general tax revenues, expenditures, assets, and liabilities, collectively accounted for in the American Rescue Plan Act (ARPA) fund allocation; and
WHEREAS, by the CHARTER OF THE CITY OF SAN BERNARDINO, the WATER BOARD is the highest governing body of the CITY OF SAN BERNARDINO with respect to water utility and sewer utility revenues, expenditures, assets, and liabilities, collectively accounted for in the WATER FUND and SEWER FUND, respectively; and
WHEREAS, the WATER BOARD COMMISSIONERS OF THE CITY OF SAN BERNARDINO have determined that approximately 13.8 acres of real property located at 888 East 6th Street in the CITY OF SAN BERNARDINO, defined hereinafter as the PALM FIELD PROPERTY with a fair market value of two million six hundred fifty thousand dollars ($2,650,000) as determined by an independent appraisal, is no longer necessary for use by the SAN BERNARDINO MUNICIPAL WATER DEPARTMENT; and
WHEREAS, given the value of the property, a transfer of two million six hundred fifty thousand dollars ($2,650,000) from the ARPA FUND to the WATER FUND is required; and WHEREAS, it has been the practice of the CITY OF SAN BERNARDINO to document transfers between the ARPA FUND, WATER FUND, and SEWER FUND with Memorandums of Understanding between the COUNCIL and the WATER BOARD to demonstrate compliance with Proposition 218 (Article XIII D, Section 6 of the Constitution of the State of California).
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
Resolution No. 2025-026
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February 5, 2025
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SECTION 2.The Water Board shall, by resolution, remove the designation for use by the San Bernardino Municipal Water Department of that certain real property and improvements comprising approximately 13.8 acres located at 888 East 6th Street, in the City of San Bernardino, County of San Bernardino, State of California, all of the property with assessor’s parcel number 0278-181-20 and a portion of 0278-191-30, more particularly described in Exhibit “A” attached hereto and incorporated herein by this reference as though set forth in full (the “Palm Field Property”).
SECTION 3. The COUNCIL shall, by resolution, approve a transfer of two million six hundred fifty thousand dollars ($2,650,000) from the ARPA FUND to the WATER FUND.
SECTION 4.The COUNCIL accepts the removal of the designation for use by the SAN BERNARDINO MUNICIPAL WATER DEPARTMENT of the PALM FIELD PROPERTY.
SECTION 5. The Water Board accepts a transfer of two million, six hundred fifty thousand dollars ($2,650,000) from the ARPA Fund to the Water Fund.
SECTION 6. Parties agree the approximately 10,600 square foot area referred to as “Modified Antil Plant” and outline in red in Exhibit “A” shall remain for Water Department use.
Water Department access to this area shall be maintained SECTION 7. Council agrees to preserve easements containing Water Department pipelines depicted in Exhibit “A” and fund Water Department approved relocation of these easements and pipelines if necessary for development of the site. Water Department access to easements and pipelines shall be maintained.
SECTION 8. Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds (“CSLFRF”) program, will be used to fund all or a portion of this MOU.
Parties shall comply with all federal requirements including, but not limited to, the following, all of which are expressly incorporated herein by reference:
i. Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the “Act”);
ii. U.S. Department of the Treasury (“Treasury”) Final Rule for the Act; iii. Treasury Compliance and Reporting Guidance for the Act; iv. 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the U.S.
Department of the Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the U.S.
Department of the Treasury;
v. Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and
Resolution No. 2025-026
Resolution 2025-026
February 5, 2025
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vi. Federal contract provisions attached hereto as Exhibit “B” and incorporated herein by reference.
SECTION 9. Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in this MOU. With respect to any conflict between such federal requirements and the terms of this MOU and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control.
SECTION 10. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 5th day of February 2025.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Resolution No. 2025-026
Resolution 2025-026
February 5, 2025
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-026, adopted at a regular meeting held on the 5 th day of February 2025 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this 6th day of February 2025.
Genoveva Rocha, CMC, City Clerk