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1 RESOLUTION NO. /1).<//
2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO ADOPTING REGULATIONS AND CONTROLS RELATIVE TO THE USE OF
3 THE THREE (3) LEVEL PARKING GARAGE AND SURFACE PARKING AREAS APPURTENANT
TO THE CENTRAL CITY MALL, AND AUTHORIZING ENFORCEMENT THEREOF.
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WHEREAS, the parking ratio for the completed Central City Mall
will be 3.5 parking spaces per 1,000 square feet of floor area; and
WHEREAS, a parking ratio of 5.5 parking spaces per 1,000 square
feet of floor area is considered by the Urban Land Institute of
Washington, D. C. (an authority recognized and accepted by HUD) to
be a minimum for regional shopping centers similar to the Central City
Mall; and
WHEREAS, the Lease Agreement entitled, "Lease Agreement (Parking)",
entered into by and between the City of San Bernardino and the Redevelopment
Agency of the City of San Bernardino on June 10, 1968, provides in part:
4 a.) "It is understood and agreed that the leased premises shall
be maintained and used as a parking facility for the benefit of the
shopping public patronizing the commercial area, which facilities shall
be available to the public without charge, provided, however, that City
may adopt and enforce reasonable regulations with respect to such use,
including parking time limits.", and
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1 WHEREAS, the Reciprocal Easement Agreement entered into by
2 the City of San Bernardino on December 24, 1970, provides in part:
3 Exhibit "F", paragraph 2, page 3 as foll ows:
4 "2. No Person shall use any Parking Area, except for the
5 parking of motor vehicles during the period of time such Person or the
6 occupants of such vehicle are customers or business invitees of the retail
7 estab 1 i shments wi thi n the Shoppi ng Center."
8 and further provides under Article V. titled "Easements", page 30,
9 section 5.1:
10 "Agency and City, to the full extent of their respective interests,
11 grant to each of the other Parties nonexclusive easements appurtenant to
12 the respective Parcel(s) of each of the other Parties for the purpose of
13 the passage and parking thereon of vehicles of such Party and of Occupants,
14 and of the tenants, concessionaries or sublessees of such Party and Occupants;
15 ..."and
16 WHEREAS, the adoption and enforcement of reasonable regulations
17 and controls with respect to the use of parking spaces, in the three
18 (3) level parking garage and surface parking areas adjacent to the Mall,
19 is considered imperative to insure the financial success of the commercial
20 establishments within the Central City Mall and its Tenant Buildings, as
21 well as for the general well-being of the Central City business district
22 and the economic buoyancy of the City of San Bernardino as a whole; and
23 WHEREAS, the Central City Business District Advisory Board is in
24 agreement that there is a necessity for authorizing the implementation
25 of the regulations and controls set forth hereinafter as they pertain to
26 the three (3) level parking garage and surface parking areas appurtenant
27 to the Central City Mall and its Tenant Buildings;
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1 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOllOWS:
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SECTION ONE: That the three (3) level parking garage and
surface parking areas appurtenant to the Central City Mall be closed to
the general public until approximately 9:45 a.m. each shopping day, except
Sunday;
SECTION TWO: In order to provide a reasonable period for employees
to secure suitable all-day parking at other locations, all-day parkers, on
a first come first serve basis, shall be permitted to gain entry to
designated parking prior to 9:45 a.m., in accordance with the procedures
outlined herein.
SECTION THREE: Vehicles of all-day parkers will be admitted to the
Central City parking facilities prior to 9:45 a.m. via the "G" and 4th
Street entrances. Commercial vehicles making deliveries shall use the
"G" Street entrance unless prior arrangements are made to use another
entrance;
SECTION FOUR: A security officer, employed by the City of San
Bernardino, shall be on duty at the "G" Street entrance until 9:45 a.m.
each shopping day, except Sunday, for the purpose of checking and granting
admission to authorized vehicles;
SECTION FIVE: All-day parkers entering said parking facilities prior
to 9:45 a.m. shall park in the areas designated by the City Administrator
for that purpose.
SECTION SIX: Said all-day parkers who park vehicles in parking
areas other than those specifically designated for all day parking,
will be subject to having their parking privilege revoked by the City
Administrator;
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SECTION SEVEN: The City Administrator is hereby authorized to take
appropriate action to insure the proper enforcement of the parking
regulations and controls set forth herein relative to the subject parking
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facilities.
I HEREBY CERTIFY that the foregoing resolution was duly adopted
by the Mayor and Common Council of the City of San Bernardino at a~L7~
meeting thereof held on the,;Jz-1'~ day of 0/-""..;/ ' 197~ I
by the following vote, to wit: I
AYES:
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NOES: 'lZ1/y..L/
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ABSENT:
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APp.ro.ved as to. forlJm: ~
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FILED
APH 1 ~ 1978
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day of