Loading...
HomeMy WebLinkAbout51-City Administrator - CITY OF SAN BERORDINO - REQUEST a>R COUNCIL ACTION . From: ! Shauna Clark City Administrator Administration Subject: Request to lease facilities for a Special Place Director Coddington branch librar children's museum -- A Terry Field, Museum Dept: Date: March 24, 1992 Synopsis of Previous Council action: 3/19/92 -- The Legislative Review Committee reviewed the request of Terry Field for use of the Coddington branch library for a children's museum. ROTE: SEE ATTACHED MEKOIWmUll DATED KARCH 26. 1992. FIOI DERNIS BARLOW WHICH WAS RECEIVED SUBSEQUENT 1.'0 THE PREPAIlAITOIl OF THIS AGEIlDA ITEH. Recommended motion: 1. That the City Attorney be instructed to prepare a lease with Terry Field for the use of the Coddington branch library, 1003 East Highland Avenue, for a children's museum called "A Special Place." The lease is for a period of ten years at $1 per year contingent upon lessee completing all building upgrades, obtaining all necessary Planning and Building permits therefor, and assuming all maintenance and operational costs for the term of the lease. The lease is to include a six month cancellation clause with the understanding that in the event of cancellation the cost of the improvements made by Ms. Field will be amortized over the unused portion of the lease and Ms. Field will be reimbursed for the residual value of the improvements. -or- 2. That the availability of the Coddington branch library be advertised f~~proposals from non-profit and/or appropriate profit users in the ~~~~~,1 interest of ascertaining the highest public / ignature use of the facility and for the possibility of receiving rent. Contact person: Shauna Clark Phone: Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.! (Acct. DescriPtion) Finance: Council Notes: 75-0262 Agenda Item No.5 J CITY OF SAN BE~RDINO - REQUESTOoR COUNCIL ACTION . I STAFF REPORT On March 19, 1992, the Legislative Review committee reviewed the request of Ms. Terry Field for the use of Coddington branch library for a children's museum called "A Special Place". This matter had been previously referred to staff to determine the modifications necessary to bring the building up to state code for handicapped accessibility and to delineate the planning processes required for the use of the site as proposed. Attached is a letter from the City Administrator to Ms. Field. explaining Planning and Building requirements. Also attached is Ms. Field's response. During discussions before the Legislative Review Committee it was pointed out that the ownership and deed restrictions might be in question. The city Attorney's office agreed to research this issue with the understanding that this matter would go before the full Council on April 6. Ms. Field is requesting a ten year lease at $1 per year. She will make all necessary improvements to the building and assume full responsibility for maintenance and operational costs over the ten year term of the lease. Presently the children's museum is a non- profit organization which charges $2.00 per person for admission with a reduced rate for persons who are handicapped. The Legislative Review Committee also received a request to lease the facility from Charles Herbert, owner of Bright Idea Books. Bright Idea Books is a retail children's book store. No other non-prOfit organizations have been advised of the availability of this facility. citv Administrator's recommendation: In the interest of fairness to other non-prOfits and due to budgetary considerations, it is my recommendation that the availability of Coddington library be made known to the public for solicitation of proposals from non-prOfit and/or appropriate profit users in order to ascertain the highest public use of the facility and for the possibility of this facility becoming a revenue source for the City. I believe that the children's museum is an excellent use, compatible with the park, however, without public input, we don't know if there is a better purpose for this building. 75-0264 o o < ~ C I T Y o F SAN B ERN A R D Rt rN- 0 ,,__ INTEROFFICE MEMORANDUM .._L" '-'. - .=.,.':=;;~. ,~...... .'.- - ~. . . ....-'J 1::.0 'lee., ,-. tlh!\ ,'. " TO: Mayor and Common Council Library Board FROM: Dennis A. Barlow, Sr. Asst. City Attorney DATE: March 26, 1992 RE: Use of Coddington Library Building The Coddington Branch Library has been recently closed by the Library Board in an effort to cut costs to meet the current budget reali ties. This closure has prompted a proposal by "A Special Place," a non-profit children's "hands on" museum, to move into the now vacant building. Since the library building is located in perris Hill Park it has some rather unique characteristics. The question has arisen, who has the responsibility for the final determination as to who will use the building and for what purpose. The Charter gives the management of the library to the Library Board of Trustees (Charter S205) but the title to property is in the name of the City (Charter S209). The Charter does not give the Library Board the power to devote City property to non library purposes. However, the fact remains that the Coddington Library was built with bond proceeds as a library, and used as a library for nearly 30 years under the direction and control of the Library Board. The mere fact that it was closed as a cost saving measure does not mean the Library Board has abandoned its rights in the building. It is conceivable that the Library Board would like to retain the building for a future reopening or for another library related purpose. Before the Council commences to put the building to another use it must receive a clear message from the Library Board that it has no further need of the building, either now or in the future. The Library Board, in that regard, could authorize a temporary use so that the building did not stand vacant pending a future beneficial library use. ~~ DAB/ses/Library2.mem . o o CITY OF San Bernardino OFFICE OF THE CITY ADMINISTRATOR SHAUNA CLARK -:: :. ~. \' . :;, ~ March 6, 1992 A Special Place 2296 North Arrowhead Avenue San Bernardino, California 92405 ATTENTION: TERRY FIELDS, MUSEUM DIRECTOR Dear Ms. Fields: At the previous Legislative Review Committee I was instructed to look into the possibility of the city leasing the Coddington Library to A Special Place for a children's museum. Al Boughey, Director of Planning and Building Services, has advised me that the use of the library as a c~ildren's museum would require a development permit and building modifications in order to meet state building codes. Attached is a memorandum, dated March 5, 1992, from Joseph Lease, Acting Building Inspection Supervisor, which outlines the necessary modificatio~s. The modifications set forth in Joe's letter along with a level one development permit would be sufficient for A Special Place to occupy the library. However, if you were to proceed with further building modification as suggested in your letter to the Council, you would then need a level two development permit which requires Development Review Committee approval. I believe the best way for you to proceed would be to have a contractor give you an estimate on the cost of the builidng modifications. If you feel your organization can afford these improvements and the permit fees, please notify us of the cost estimate and we will discuss the possibility of a lease with the Mayor and Council. . '-- ~ ~, BE::',':' R: ~; [> PRIDE ., QRESS , _ . _ '.':;:";' 714384.5122 o o . 'Ms. Terry Fields Marc 6, 1992 Page 2 It would not be realistic to expect a long term lease, however, if you are going to make a significant expenditure to bring the building up to the code, I believe the Mayor and council would consider a lease which is long enough to amortize your costs. If the Mayor and Council are favorable toward a lease, the lease and the development permit can be processed concurrently. If you need access to the library or have any questions, please contact our office at 384-5122. sincerely, .~&/."A4~/ SHAtrNA~r.ARK City Administrator SCjdjn Attachment cc: Mayor Holcomb Council Office Al Boughey, Director of Planning & Building Services o o . 1 INTERDF~ICE ~MORANDUM TO: Al Boughey, Director of Planning and Building Services ~ROM: Joseph Lease, Acting Building Inspection Supervisor SUBJECT: The Proposed Use of the Coddington Library Building for a Children's Hands-on Museum DATE: March S, 1992 COPIES: Shawn a Clark, City Administrator; Larry Reed, Asst. Director ----------------------------------------------------------------- In response to your request for a prel iminary eval uat ion of the Coddington Library Building, and the proposal to change its use to a ~seum, an inspection was conducted on March 4, 1992, by Senior Inspector Jack Masters and myself. The major areas of concern are out 1 ined below. Buildina DcCUDanCY Classification: A change in occupancy classification will not occur since both the existing and proposed uses (i.e. library and ~seum respectively) are Assembly, Division 3 (A-3) occupancies. Exitina: The existing exiting does not comply with UBC Section 3303(c), in that the two Rxit doors are not spaced the required distance apart (40 feet is required, and the current spacing is 25 feet). To correct this dRficiency, an additional exit door should be installed in the north wing of the building. If the proposal to expand the present facility is to occur in the near future, this can be addressed at that time. HandicaD Accessibility Reauirements: The existing deficiencies include: 1) The landing at the south exit door exceeds 1/4" per foot maximum allowable slope. 2) A ramp or curb cut does not ex i st to allow access from the park ing lot. 3) The threshold at the north exit exceeds the maximum 1/2" distance above the landing. 4) Restrooms and employee areas are not accessible. o o . t Plannina Considerations: The contemplated expansion of the facility, depending on its size, would require a Develop..nt Per.it 2 Application and Develop.-nt Review Coaaittee approval. Because the structure is located in Perris Hill Park, and is surrounded by aaple parking and landscaping, these require.-nts, in teras of the new use and proposed expansion, aay not be of any significance. other Considerations: 1) The existing signage should be updated for the new use. 2) Exposed electrical wiring above the south exit should be secured in an approved enclosure. 3) There doesn't appear to be an accessible gas shut-off valve at the gas line entrance to the building as required by UPC 1213(i). 4) The surface .ounted deadbolts on the exit door fr~ the office area should be reeoved, and a 36" landing provided on the exterior. 5) Correct back flow condition at janitor sink. Note: Access to the _chanical equipment roo. could not be obtained at the time of this inspection. 4 o ~(U;(cr.( %co ~ Chlldren's Hands - on Museum Harch 17" 1992 Shauna Clark, City Administrator City of San Bernardino 300 North D Street San Bernardino,' Ca. 92418-001 Dear Hs. Clark,' This is to acknowledge receipt ot your ,letter at Harch 6, 1992 concerning the occupancy at the Coddington Library building by "A SPECIAL PLACE". Dave Light,' contractor Ellis Cohen and 1 walked through the building to determine what work needed to be done in addition to what was recommended b, Joseph Lease. Hr. Cohen gave me a verbal estimate of $20,,000.00,' "h.fcb includes handicapped recolII/J/endations and the fOllodn, work: clean.fn, the inside; patching walls , ceiling where needed; paint.fng the inside "aUs" ceil ing and cabinets; replacing carpet; installing carpet or neat t.fle .fll Office/employee area and new flooring in bathrooms. Hr. Cohen also gave .. II verbal estimate to either enclose the patio or adding a room to the bU.fld.fng of '$25"000. 00 to $20,'000.00. 1 "auld hope to le..e the building for lit .lellst 10 years with this amount of work and money involved. If there .fs a possibility of selling the bUilding now or in the future" I would like to bave first option. I recognize that the museum would not be open to the public until after the lease is signed and all ...ork completed and approved, however, I must move from this building April 1" 1992. I did get an extension .. you and the Legislative Committee suggested on Feb. 20 to allow time to research the deed and complete other legal questions. This building has been rented,. SO I.ust move somewhere. There - is Considerable exhibit material,' displays and offlet equipment to move and would be a costly move if we must move everything .fnto storage and take it out at storage and ,,",va again. This type of moving/storag. will make it necessary to have'my telephone disconnected,- ...hlch "ill cause a great inconvience to us and our Visitors. 1 am requesting permission to move our equipment into the library building on April 1 , 2 to eliminate these problems. Our plans are to have the museum closed for April and Hay but must proceed qUiCkly with required work as we have many reservations set tar th. month of June. For every month ate are closed we lose apprOXimately $2,'000.00 each month,' so we need to re-open as soon as possible. ' r would also like permiasion to show the inside ot the bullding to the BOard of Directors for of tical approval. Since most board members work dUrin, tb. day, the best time to do this would be on a Saturday. I would like to p.fck up .124' N.rfh ArrowhooJ Ave. _ S.." &.r"orJ;"o, CA. q2~05 . (71'1) '''-1201 ~ Jl$ o o 1 the key on a Friday afternoon and return it Honday morning, or make some other arrangements that would be convienent to everyone involved. Please let me kno.' the proper procedure for approval to move our equipment into the building April 1 . 2 and to be able to show the inside to the board members. 1 ...ould also 1 ike this matter put on the agenda for the Council meeting on Harch 3D" 1992. Thank you for your consideration and understanding in this matter. If there is anything 1 can do, please call me. Sincerely, /'""' . ~.ft3jl-jl!~~ Ms. Terry Field Museum Director ., copies: Mayor Holcomb City Council Members Philip Arvizo , ,... "-- o o TELEPHONE (714) 888-3296 CHECpoint Systems, Inc. . Charles H. Herbert, Ph.D., President HE-C'n. -!..D ;'~:i~. -. BINL - Basic Inventory of Natural Language Ifm HI.fI \'~ Testing, Evaluations, Training Seminars, Consulting" Educational Matenals Marketing MAR. 04, 1992 PLANNING AND BUILDING DEPARTMENT 300 NORTH D STREET SAN BERNARDINO, CA. 92418 DEAR PLANNING AND BUILDING, I AM INTERESTED IN THE PROPERTY ON HIGHLAND AVE. THAT HAS RECENTLY BEEN VACATED BY THE CODDINGTON LIBRARY. I HAVE MADE PHONE INQUIRIES AND HAVE BEEN ADVISED TO STATE MY INTEREST TO YOU. MY BUSINESS IS BRIGHT IDEAS CHILDRENS BOOKS. I HAVE BEEN BUSINESS IN SAN BERNARDINO FOR MANY YEARS AND HAVE HAD THE CHILDRENS BOOK STORE ON WATERMAN AVE. FOR MORE THAN THREE YEARS. IT GOES WITHOUT SAYING THAT THE ABOVE MENTIONED LOCATION WOULD BE IDEAL AND DELIGHTFUL. I UNDERSTAND THAT THERE ARE BUILDING IMPROVEMENTS, ETC. THAT ARE HOLDING YOU BACK FROM MAKING A FINAL DECISION. PLEASE CONTACT ME AS AN INTERESTED PARTY. I WOULD LIKE VERY MUCH TO RENT OR LEASE THIS PROPERTY AND ADD A MUCH NEEDED CHILDRENS BOOK STORE TO THE NORTH END. SINCERELY, ~.. " . , CHARLES H. HERBERT, PH.D. BRIGHT IDEAS BOOKS J t; :: ~ ~ .- .- ; -',.' , ., 1520 N. WATERMAN AVE. · SAN BERNARDINO. CA 92404 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 :! o o RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH A SPECIAL PLACE FOR USE OF THE CODDINGTON BRANCH LIBRARY BUILDING AS A CHILDREN'S MUSEUM. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City a Lease Agreement with A Special Place, a copy of which is attached hereto marked Exhibit "A" and incorporated. herein by reference as fully as though set forth at length. SECTION 2. The authorization to execute the above- referenced agreement is rescinded if the parties to the agreement fail to execute resolution. / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / it within sixty (60) days of the passage of this !' 1 :;:-} 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 , 20 21 22 23 24 25 26 27 28 il I o o RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH A SPECIAL PLACE FOR USE OF THE CODDINGTON BRANCH LIBRARY BUILDING FOR A CHILDREN'S MUSEUM. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 1992, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER City Clerk The foregoing resolution is hereby approved this day of , 1992. W. R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney By: ' 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ,f- , I!iI 1 o o LEASE AGREEMENT This Lease Agreement entered into this 6th day of April, 1992 by and between the CITY OF SAN BERNARDINO, a Charter City of the State of California ("City"), and A SPECIAL PLACE, a California Non-profit Corporation ("Special Place"). WITNESSETH WHEREAS, CITY has certain property known as the Coddington Library Building located in Perris Hill Park ("the facility") which it has available for a beneficial public use; and WHEREAS, SPECIAL PLACE is willing to provide a service to the residents of the City at a minimal cost which will be compatible with the surrounding park use; and WHEREAS, SPECIAL PLACE is willing to spend approximately $20,000 to upgrade th~ building that is the subject of this Lease; NOW, THEREFORE, the parties hereto agree as follows: 1. CITY does hereby lease to SPECIAL PLACE and SPECIAL PLACE does hereby lease the facility from CITY. 2. This lease shall expire on April 6, 2002, or at such earlier time as provided elsewhere herein. 3. In consideration for this lease, SPECIAL PLACE shall pay CITY as rent an amount equal to five percent (5%) of its gross revenues from admission charges; provided, that an amount equal to SPECIAL PLACE'S initial expenditures to upgrade the facility (estimated to be $20,000) shall be excluded from its gross revenues for the purpose of determining the rent to be paid to Ci ty. The first payment shall be due on June 30, 1992, and subsequent payments shall be due on September 30th, December 31st, , March 31st, and June 30th of each year. Payments shall be RJM:ms[place.agm] 1 ~ t1. - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o 0 submitted to the Director of Finance. Any payment which is late more than (30) days shall be cause for CITY, in its discretion, to terminate this lease under Paragraph 13. 4. SPECIAL PLACE shall use the facility as a "hands-on children's museum" and related uses and for no other purpose. SPECIAL PLACE shall adhere to the Operations Plan attached as Attachment A regarding (a) the nature of the use, and (b) days and hours of operation. SPECIAL PLACE shall be open to the public a minimum of 220 days per year. Any change in the Operations Plan shall be subject to prior CITY approval. 5. SPECIAL PLACE shall be responsible for all utilities, including, but not limited to, gas, electricity, water, and telephone. 6. SPECIAL PLACE shall be responsible for bringing the facility into compliance with all City codes prior to opening the facility and for maintaining the facility in good repair for the duration of this lease. Compliance with said codes shall be determined by the appropriate City officers and employees. SPECIAL PLACE shall make no improvements to the facility without City's approval. All signage shall be subject to City approval. 7. SPECIAL PLACE shall obtain and maintain statutory workers' compensation insurance, and public liability and property damage insurance in amounts not less than a combined single limit of $1,000,000.00. Copies of said policies shall be delivered to Ci ty' s Risk Management De.,artment prior to opening the museum facility. 8. SPECIAL PLACE agrees to defend, indemnify, save and hold CITY, its officers, agents and employees harmless from any claims RJM:ms[place.agm] 2 Ii I o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 or suits that may be brought by third persons on account of personal injury, death, or damage to property, or a property or business or personal interest, arising from any negligent act or omission by SPECIAL PLACE while performing under this Lease Agreement. 9. SPECIAL PLACE agrees that it will not discriminate against any person in employment or in the providing of services under this Lease Agreement on the basis of race, creed, color, sex, national heritage or physical handicap. 10. At any time during business hours CITY or its agents or representatives may enter into the facility to inspect without cost. 11. SPECIAL PLACE shall neither assign this Lease nor sublet the facility without City's approval. 12. CITY shall have the right to approve in advance all rates and fees charged for admission to or use of the facility. 13. CITY shall have the right to terminate this Lease in each of the following circumstances: a. At any time during the term of this Lease, wi thout cause, upon giving SPECIAL PLACE six (6) month's written notice. In such event, CITY shall reimburse SPECIAL PLACE in the amount of that percentage of its capital expenditures incurred in making improvements to the facility equal to the percentage term then remaining on the lease. By way of example only, should CITY terminate the lease at the end of five (5) years, CITY would then be liable to reimburse SPECIAL PLACE in an amount equal to fifty RJM:ms[place.agm] 3 II o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 percent (50%) of its capital expenditures. The amount to be reimbursed by CITY shall be subject to the review and approval of the Mayor and Common Council, which approval shall not be unreasonably withheld. b. At any time during the term of this Lease upon giving SPECIAL PLACE thirty (30) days written notice in the event of (1) SPECIAL PLACE'S breach of a material term of this Lease, (2) SPECIAL PLACE'S failure to use the facility in the manner described in Paragraph 4, including, without limitation, a failure to keep the facility open to the public for the specified minimum number of days per year, or (3) the total or partial destruction of the facility by reason of fire, flood, earthquake, or other calamity which renders the facility unsuitable for the uses permitted by this Lease. 14. SPECIAL PLACE shall have the right to terminate this Lease upon giving thirty (30) days notice in writing to CITY. In such event, or in the event of a termination under paragraph 13, SPECIAL PLACE shall remove all of its equipment, furniture and furnishings from the facility. 15. The parties understand and agree that this lease may create a possessory interest in said property subject to property taxation. Should such property taxation be imposed SPECIAL PLACE agrees to pay such tax. Nothing in this paragraph shall prevent SPECIAL PLACE from challenging the imposition or amount of said tax through the legally established channels. 16. Any notice to be given pursuant to this Lease Agreement RJM:ms[place.agm] 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 , 20 , 21 22 23 24 25 26 27 28 II I A - o o shall be in writing and deposited with the United States Postal Service and addressed as follows: To the CITY City Administration City of San Bernardino 300 North "D" Street San Bernardino, California 92418 To A SPECIAL PLACE Nothing in this paragraph shall prevent the giving of notice by personal service. IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement on the day and date first above shown. THE CITY OF SAN BERNARDINO By W.R. HOLCOMB, Mayor ATTEST: Rachel Krasney Approved as to form and legal content: JAMES F. PENMAN, City Attorney By: : .) /- . . A SPECIAL PLACE By By RJM:ms[place.agm] 5 I~ec(a( Prac~ chlldreJ'\'s tfa;t,.ds. on Museum April 1, 1992 Richard J. MarlllJ Sr. Assistant Cit~ AttornRY City Attorney's Qffi~e 300 North "D" St. San Bernardino, Ca. 92418 Regarding: QPERATIONS PLAN "A SPECIAL PLACE", Childrens Hands-on Museum "A SPECIAL PLACE", Childrens Hands-on Museum has been established in the City of San Bernardino for the purpose of offering educational hands-on experiences to children. Through our exhibits children learn about the world they are living in; build self-esteem; are allowed to be creative; satisfy their curiosity; develop and improve social skills; interact with other children and adults; learn to make their own decisions and accept responsibility for those decisions. "A SPECI.~L PLACE" will ~ontinue to offer this service to low income families; disabled children and adults and families of all ethnic backgrounds. Qur exhibi ts are designed and .c'uil t to allow disabled children the opportunity to participate o:je by side with non- disabled children. All children must be accomrinied by an adult. The museum is opened a minumun of 220 days a year. Normal hours are 9: 00 am to 1: 00 pm, however we have extended hours for groups who make reservations and are unable to visit during the normal hours. A small admission is paid by visitors with groups receiving a discount. "A SPECIAL PLACE" is governed by a Board of Directors who meet once a r.:onth. "A SPECIAL PLACE" does not discriminate when solici tinq for board members, volunteers, employees and visitors. ...-.-- ~. y/ , /' --,~' '_I .-' '. Terry Field .'1useum Director . 2. '2.q 6 NOr"fl, Arro....,heod Ave. . Son Bernord:^c, C,i. qZYOS . (7'" 981-1201 Attachment A