HomeMy WebLinkAbout16-Public Services
. CITY OJ: SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Jim;Howell, Q.irector.
Subject::
Requesting approval to provide no
cost refuse disposal services at the San
Bernardino Municipal Sports Complex
Dept: Public Services
Date: August 17, 1998
ORIGINAL
Synopsis of Previous Council Action
Recommended Motion:
Approve resolution
Contact person:
Jim Howell
Phone: 5140
Supporting data attached:
Ward:
FUNDING REQUIREMENTS:
Amount:
Source:
Council Notes:
1f"-$s-'
Agenda Item No. / to
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CITY OF SAN BERNARD~O - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Q1ijECTIVE
The California Youth Soccer Association (CYSA), lessee of the San Bernardino Municipal Sports
Complex, request the Mayor and Common Council approve their request to provide no cost refuse
disposal services (see attachment).
BACKGROUND
CYSA, a not for profit/public benefit cOlporation, entered into a development agreement with the
City in November 1996 to construct and operate a fifty acre soccer facility on the City property
known as the San Bernardino Municipal Sports Complex in partnership with the City. CYSA has
invested more than $450,000 for site improvements. As the lessee, the agreement holds CYSA
responsible for all charges for refuse disposal. However, the City Refuse Division provides no cost
refuse disposal services to all other City Parks and recreation facilities.
CYSA kicked off their first three-day soccer tournament on January 10, 1998 and since then have
conducted many multi-day soccer tournaments resulting in more than half a million participants and
spectators visiting the facility and it is estimated that seven hundred thousand will visit the sports
complex by year end. As a result of the crowds of spectators drawn to the tournaments, businesses
such as hotels, motels, gas stations and restaurants have experienced increased sales volumes while
Transient Occupancy Tax and sales tax revenues have increased to the City's General Fund. CYSA's
successful operation of the facility also benefits the City of San Bernardino's "image".
FINANCIAL IMPACT
It is estimated that refuse disposal costs for the San Bernardino Municipal Sports Complex win not
exceed $15,000 per fiscal year. Approving this amendment would be consistent with the existing
policy of no cost refuse collection to Parks and Recreation. Sufficient funds are available in the
Refuse fund if approved.
RECOMMENDATION
It is recommended that the Mayor and Common Council authorize the amendment to the agreement
to provide no cost refuse disposal service not to exceed $15,000 during a fiscal year for the duration
of the agreement.
AUG-16-98 SUN 07:49 PM RAY HORSPOOL,CPA
FAX NO, 9096844550
P. 02
CYSA-SOUTH SAN BERNARDINO
SOCCER FOUNDATION
P.O. Box 11425
San Bernardino, CA 92423-J425
(909) 862-8281
t ~
too,
August 16, 1998
Mr. James R. Howell
Director of Public Services
City or San Bernardino
300 N. 'D' Street
San Bernardino, CA 92418
Dear Mr. Howell:
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On behalf of the Soccer Foundation I am requesting assistance from the City in the fonn of
providing complimentary refuse service to the soccer complex. As you may be aware, first year
businesses typically have fairly high start-up expenses. To date the Foundation has put in over'.
$450,000 in equipment and improvements at the complex. We are a nonprofit corporation and .
run 011 a very tight budget. This year especially, with all the rainouts, has taken a big toll onus.
If the City could assist us, it would help ensure the financial viability of the project.
Thank you for your consideration in this matter.
~'"<r.::,f I U~
President, CYSA-South San Bernardino Soccer Foundation
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1
RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING THE
MAYOR TO EXECUTE AN AMENDMENT TO THE LEASE BY AND BETWEEN THE CITY
3 OF SAN BERNARDINO, THE CYSA-SOUTH SAN BERNARDINO SOCCER FOUNDATION
AND CALIFORNIA YOUTH SOCCER ASSOCIATION-SOUTH ("CYSA-S").
4
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
6
7 SECTION I. The Mayor is hereby authorized to execute an amendment to Lease entered
8 into November 19, 1996 by and between the City of San Bernardino, the CYSA-South San
9 Bernardino Soccer Foundation and California Youth Soccer Association-South ("CYSA-S"), a
10 copy of which is attached hereto marked Exhibit "A" and incorporated herein by this reference as
11 if set forth in its entirety.
12 SECTION 2. The authorization to execute the above-referenced amendment to Lease
13 is rescinded if the parties fail to execute it within sixty (60) days of the passage of this resolution.
14 /II
15 1/1
16 /II
17 1/1
18 /II
19 /II
20 /II
21 /II
22 /II
23 1/1
24 /II
25 /II
26 /II
27 /II
28 1/1
HTCca[CYSA.res) 1 August 10. 1998
.
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING THE
MAYOR TO EXECUTE AN AMENDMENT TO THE LEASE BY AND BETWEEN THE CITY
2 OF SAN BERNARDINO, THE CYSA-SOUTH SAN BERNARDINO SOCCER FOUNDATION
AND CALIFORNIA YOUTH SOCCER ASSOCIATION-SOUTH ("CYSA-S").
3
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
4
Common Council of the City of San Bernardino at a meeting thereof, held on the _
5
day of , 1998, by the following vote to wit:
6
Council Members: AYES NAYS ABST AIN ABSENT
7
ESTRADA
8
LIEN
9
ARIAS
10
SCHNETZ
11
DEVLIN
12
ANDERSON
13
. MILLER
14
15
16 City Clerk
17
The foregoing resolution is hereby approved this day of
18 1998.
19
20
21
22
Approved as to
23 form and legal content:
24 JAMES F. PENMAN,
City Attorney
25
26
. 27
, .../
28
HTC:ea[CYSA.res)
JUDITH V ALLES, Mayor
City of San Bernardino
2
August 10. 1998
.
.
.
AMENDMENT TO LEASE BY AND BETWEEN
THE CITY OF SAN BERNARDINO, THE CYSA-SOUTH
SAN BERNARDINO SOCCER FOUNDA nON AND CYSA-S
WHEREAS, a certain Lease was made and entered into on November 19, 1996 by and
between the City of San Bernardino, a Municipal Corporation ("Lessor" or "City"), the CYSA-
South San Bernardino Soccer Foundation, a non-profit public benefit corporation ("Lessee"),
which entered into said Lease for the benefit of the California Youth Soccer Association-South
("CYSA-S"), and CYSA-S; and
WHEREAS, Lessor and Lessee desire to amend Section 4.1 of said Lease relating to
"utilities" to be effective July I, 1998;
IT IS HEREBY agreed that Section 4.1 of said Lease is amended effective July I, 1998 to
now read as follows:
Utilities
Section 4.1. Lessee shall pay, and hold Lessor and the Property free and harmless from,
all charges for the furnishing of gas, water, sewer, electricity, telephone service, and other public
utilities to the Property during the Term and the Extended Term of this Lease. All such charges
shall be paid by Lessee directly to the provider of the service and shall be paid as they become
due and payable, but in any event before delinquency. Lessor shall use its best efforts to obtain
the lowest rates available for water and electricity, and its best efforts to ensure that such rates
are maintained during the Term and the Extended Term of this Lease. Commencing July I of
each fiscal year, Lessor shall provide garbage pickup and disposal at no charge to Lessee for the
first fifteen thousand dollars ($15,000.00) of costs attributed to such garbage pickup and
disposal. Thereafter, for the remainder of said fiscal year, Lessee shall pay any and all such costs
HTC:ea(CYSALeas.Ame]
. attributed to such garbage pickup and disposal. Lessee shall be entitled to receive all on-site pay
telephone revenue.
WHEREFORE, Lessor and Lessee, in consideration of the conditions, covenants and
promises contained herein, have executed this Amendment to Lease as indicated below.
DATED
LESSOR
By:
JUDITH V ALLES, Mayor
City of San Bernardino
ATTEST:
Rachel Clark
City Clerk
DATED
LESSEE
.
By:
RAY HORSPOOL
ATTEST:
ACCEPTANCE AND GUARANTY BY
THE CALIFORNIA YOUTH SOCCER
ASSOCIA nON-SOUTH:
The undersigned, as authorized representative(s)
of the CYSA-S, hereby agree on behalfofCYSA-S
that CYSA-S shall be bound to all performance ob-
ligations contained in Section 4.1 of this Lease, as
amended.
By:
DATED
ATTEST:
.
HTC:ea[CYSALeas.Ame]
2
C I T Y 0 F-
San Bernardino
RACHEL
C L ARK
CITY ClERK
September 14, 1998
October 29, 1998
2nd Notice
Mr. Raymond Horspool. Jr.
President, CYSA-South San Bernardino Soccer Foundation
P.O Box 11425
San Bernardino, CA 92423-1425
Dear Mr. Horspool:
.-\t the Mayor and Common Council meeting of September 8,1998, Resolution 98-255
was adopted.
Enclosed is the original agreement. Please obtain signatures where indicated and return
the original agreement to my attention as soon as possible.
Please be advised that said resolution will be null and void if it is not executed within
ninety (60) days - November 7, 1998.
If you have any questions, please do not hesitate to contact me at (909) 384-5002.
Sincerely,
Rachel Clark
City Clerk
". , /~--:"
</,/ ~..
By: Melanie Miller, Senior Secretary
mam
Enclosure
P. o. 80X 131', SAN BERNARDINO, CA 12402
300 NORTH '0' STREET, SAN BERNARDINO,
CAliFORNIA 92418-0001 (l'I)S'4-10'1
(101)S'4-1102 'AX-(101)3"-515'
TDDITTY -(1'1)114-5140
. 98-255
I^~'~:-
~ -, /,r
.'
, .
AMENDMENT TO LEASE BY AND BETWEEN
THE CITY OF SAN BERNARDINO, THE CYSA-SOUTH
SAN BERNARDINO SOCCER FOUNDATION AND CYSA-S
WHEREAS, a certain Lease was made and entered into on November 19, 1996 by and
between the City of San Bernardino, a Municipal Corporation ("Lessor" or "City"), the CYSA-
South San Bernardino Soccer Foundation, a non-profit public benefit corporation ("Lessee"),
which entered into said Lease for the benefit of the California Youth Soccer Association-South
("CYSA-S"), and CYSA-S; and
WHEREAS, Lessor and Lessee desire to amend Section 4.1 of said Lease relating to
"utilities" to be effective July I, 1998;
IT IS HEREBY agreed that Section 4.1 of said Lease is amended effective July I, 1998 to
now read as follows:
Utilities
Section 4.1. Lessee shall pay, and hold Lessor and the Property free and harmless from,
all charges for the furnishing of gas, water, sewer, electricity, telephone service, and other public
utilities to the Property during the Term and the Extended Term of this Lease. All such charges
shall be paid by Lessee din;ctly to the provider of the service and shall be paid as they become
due and payable, but in any event before delinquency. Lessor shall use its best efforts to obtain
the lowest rates available for water and electricity, and its best efforts to ensure that such rates
are maintained during the Term and the Extended Term of this Lease. Commencing July I of
each fiscal year, Lessor shall provide garbage pickup and disposal at no charge to Lessee for the
first fifteen thousand dollars ($15,000.00) of costs attributed to such garbage pickup and
disposal. Thereafter, for the remainder of said fiscal year, Lessee shall pay any and all such costs
HTC:ea[CYSALeas.Ame I
98-255
- - - - -1
. .
attributed to such garbage pickup and disposal. Lessee shall be entitled to receive all on-site pay
telephone revenue.
WHEREFORE, Lessor and Lessee, in consideration of the conditions, covenants and
promises contained herein, have executed this Amendment to Lease as indicated below.
DATED
LESSOR
ATTEST:
~~
chel Clark
City Clerk
DATED
LESSEE
By:
RAY HORSPOOL
ATTEST:
ACCEPTANCE AND GUARANTY BY
THE CALIFORNIA YOUTH SOCCER
ASSOCIA nON-SOUTH:
The undersigned, as authorized representative(s)
of the CYSA-S, hereby agree on behalf ofCYSA-S
that CYSA-S shall be bound to all performance ob-
ligations contained in Section 4. I of this Lease, as
amended.
DATED
By:
ATTEST:
HTC:ea[CYSALeas.Amej
2
.. FOR OmCE USE ONLY - NOT A PUBUC DOCUMENT ..
RESOLtmON AGENDA ITEM TRACKING FORM
Meeting Date(Date Adopted): O'l/CJJ'/98, Item'# If", Resolution # 9?-,;?~s-
.
Vote: Aye:;: ~ ~ 1i (,/ 7 Nays: &- Abstain: d- Absent: ::; ,LJ
Change to motion to amend original docs: it)
AttaChments:
Contract Term:
t'-<1
^ I:;~ .
{
Resolution # On AttaChments: ~
Contract Expiration Date: t-/O d (J . - Ij h 17 r
Date Sent to Mayor: CJ ?
Date of Mayor's Signature: ~fJ
Reso Log Updated: V
/ tJ:t /98
/ 10/98
Date Returned from Mayor:
Date of Clerk's Signature:
v'
Seal Impressed:
tP? / lJ /98
?J-r / / () /98
Date Memo Sentto Department forSignamre: 0 "l / /~/ ~ See Attaebed:
/
~:;:: ~~ See At~h: A~ed: ~ecciVed Back:
Date Received Back:
Date Letter Sent to Outside Pany for SignatUre:
60 Day Reminder Letter Sent on 30th day:
90 day Reminder Letter Sent on 45th day:
_ day Reminder Letter Sent:
I/-.z-Cjfi
See Attached:
See Attached:
Note With/On Re:;o of Attachment stored separately:
Direct City Clerk-PUBLISH, POST. RECORD W COUNTY (circle I) Date:
If
./
/98
s.... All...lIed,
Oat"'! / t/ l/98
Dat.::'?//1/98
Dat<l?'f 1/ If /qg
DarCi9/ /1-/;98
,
Request for Council Action & Staff Repon Attached:
Updated Prior Resolutions:
Updated Personnel Folders (6413, 6429, 6433, 10584, 12634):
Updated Traffic Folders (3985, 8234, 655):
/"
Ye:;~ No_ By mam
Yes_ No~ By mam
....-
Yes_ No_ By m.am
Ye:; _ No~ By mam
Copie:; ~buted To: Cltv Attornev & Others:
,,01{ Xar}/f7J
dt;?~"'fIfj~ H ~1AV
..-
By: mam Date: /1/0 =3 /98
Other:
BEFORE mlNG REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEAR'
RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc,)
Ready to File:
-
Date: (I / tJ '3/98
Last Uodated: 08120/1998