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Home My WebLink About23-City Administrator CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Fred Wilson City Administrator Subject: Or:' -., -. 'L .; ,j ""-.. j)4' i Request for waiver of fees - McDonalds Car Show and Cruise - November 10, 2001 Date: October 3, 2001 Synopsis of Previous Council Action: November 2000 - Mayor and Council approved waiver of fees for the 2000 McDonalds E Street car cruise. September 5, 2001 - Ways and Means Committee directed that an agreement be drafted and brought back to Committee containing language requiring reimbursement to City of the total amount of fee waivers, or portion thereof, if event generates a net profit to the organization. October 3, 2001 - Committee recommended approval with certain changes to agreement. Recommended Motion: That the request for a waiver of fees in the amount of $4,385 for facility, personnel and equipment costs associated with the McDonalds Car Show and Cruise and related activities on November 10, 2001 b approved, subsequent to certain conditions; and Adopt resolution. Contact person: Fr,,1i WiI..nn phnnA" "1" Supporting data attached: yes Ward' FUNDING REQUIREMENTS: Amount:_$4,385 Source: (Acct. No.) 001-091.5186 (A"d n,:3lc:.r:rirtinn) ~ivir.: ~nrl prnmntinn F' .4c1 / _/11,2 / lOance~ ,'((cere r.mlc;~ Council Notes: ~.JJ OJ IS/DI_ CITY OF SAN BERNARDINO - REQUES';V FOR COUNCIL ACTION \0., Staff Report SUBJECT: Request from Juan Polio, Inc. for waiver of fees in the amount of $4,385 to cover City departmental costs connected with the 2001 McDonalds Car Show and Cruise scheduled on November 10,2001. BACKGROUND: On November 10, 200 I, Juan Polio, Inc. is sponsoring a Car Show and Cruise, from II :00 a.m. to 8:00 p.m. They have requested the closure of"E" Street, beginning at Third and E Streets continuing up to Highland A venue. They estimate approximately 300 cars and drivers and 500 spectators for the event. It is hoped that this event will lend further recognition to the city of San Bernardino as the home of Route "66". The Association has non-profit status and, as such, is requesting a waiver of City fees in connection with the event. These fees include: Department Fees Traffic Engineering: $1,080 for baincade placement/removal Police $2,468 for personnel/vehicles/equipment Public Services $ 837 for refuse collection/street sweeping TOTAL $4,385 Non waivable fees and refundable securitv deposits: Traffic Engineering Fire $1,040 barricade deposit $ 80 permit fee TOTAL $1,120 The Mayor and Council approved the request for waiver of fees for this event last year. This year's request went before the Ways and Means Committee on October 3, 2001. At that time, the Committee recommended approval with the caveat that an agreement be drafted containing language requiring that the organization reimburse the City for the total amount of fee waivers granted ifthe revenues generated from the event exceed the $20,600. This figure is based upon projected revenue plus the anticipated shortfall as stated in the applicant's projected budget. (Attachment A) The agreement further requires th; a complete cost accounting of the event, including receipts, be made available to the City. FINANCIAL IMPACT: The estimated costs ofthe departmental fee waivers is $4,385. * This total reflects a $929 reduction in barricade costs which were originally included in both Police and Traffic Engineering costs. These costs will be reimbursed back to the individual departments from the $50,000 contingency amount contained in the civic and promotion fund (001-091-5186). RECOMMENDATION: Adopt resolution; and Approve waiver of fees. '_ "4 , ell">( = s,"", a.c...~.lNO lI.EQ\:Jrsr.PQR WAJVEa 0'1 pz"" . "0. ern' llnV"l<:lta. P_~"XL'" "'.:l""'.....ST ATTACHMENT A . --1lJ"~~ .;J."'!I~ MoI'd'i.",,.. "!f:( -~-~ 1-"-6 ""'.v,... _4 ~"M,.dL A{f~,., (fa \1I:n..t.C';itm rt:.~-c:~t nr ~~b" Cln; AJ~."'~..Dmcr rDI" n.....c..z1u. .oak! S~qOJ. ':'-:4"-0' COl'lCat:.'~II)' ":Wb..It>-"vVW"sO~. .1>> J&&...tL:::l.:'_ '''.Jcfl.4...t,l301 N4Q'l(!'.: OfAl.,pp~n"o.~O'.Q ('.,..~ 'Z. I.~ e:. ..J--:r .2..~___. Co~u..", l'........ .......l:...!s.,( -.J D , Eo. T~ ^doi...., --L.L 9 '8 ~. ,1;.. s-r-..,,;t- S...~ a~~lI.o..c'F^", ~1' r"r-I.~~v A..""ri.vir)- i..:w wla.i~ V.'1Il1VCC'i..') VG rcq\.\.U~Q ~ r-.Jl...3..[4J It .., E~ -+ _~c..c. ...,.,..c-tJ) u"'-l..)at.".....,""~".'l' .t.L=./O- 0 L. L~.....o.. .'o-..V=<i.;". ....L..a.r1~_.:ror.. ~ ...s' E ....,.~ tllWeaAd. TCLOotSottl,p and Tab DoWA Q{Ev.t;.t d- ,_ _ 0.1 P.A..SlT I: """$T Jlr CO.lloO':t...~ A&.Jyu .$t..1'&......... ,,_"Y ORGANJ:E..lI.:nON JUlf'O.aE F.~""ZYi In" crry DC"A.~Pas ~.. Cr .Evca~ ~.IlIIJILI:. 'moaaot lUie. Overtime *L- c.or'..... 'CL _ _ ........ o lie:;: " -, . ~ II.. In - ,- -Z.: .. " eo : .. 1JI... --- - .... .t!:._." 4I:Jla* 0 to.. .1.. . -c. .~ ----- 'l"ulal ... of" ",..t m A; . '. s v...._. . , .P...:aTD. 7O.&~&D"YC'rn"a:.:'CI"A&1'~mrNtJ"yocO"SYDJiaATJOH1l"l(W^Y.$AN:b~ . ". ~yoaAfrilDCQIJNclL..~ . '.A.P~ io rap,....m_~ """-' CIQI *-__ Altti 6IJJ.. __ "$>Ulc....fo> '~T"r 1- ..rI_at. ~ , -- ... Ciev l)cD.,.ao.:aMt Se~e. l'te ...t4ld F.. y,'ajvon 314-5122 . ~.. ;;.- .... 14-50;57 P ~ ...... ..... .\ '"' 000 ~ )l' '0938<1-$08" --..~ foo4 Mrricci) !I 12-4.00 aioolu>lsLl ~ra:umco Daud -- C'- U '$owcw' D .1% Pl&-c P__1 SUll.d-llY 1'... .-.- - . . ... PARADE/SPECIAL EVENT APPLICATION CITY OF SAN BERNARDINO MUNICiPAL CODE 5/~ Check One: ;tac Parade !] Special Event JV-" Poll ~ Spur..JI, Otizen, 8..1i~_-:CO;por'llon -' , J " 8 IV, ~. Local Md,.u ;,J, . " / ~......,I .5Ai-' ~_,,_.,;.... CA, / '2.C1foS S,/Q -'" ~...w.Add~ L9~!J "8.r- '" .12. 'I lO(Al Ph::lI,.. All"",."" o/e""",.. Carpor.. at BiAinM6..11d "'0 v /Ot ..Jtoo1 0... of ( VWlI II 11_ SlItr."'tl' filM E,(~~lwft~ ~_.JI~~_tA.~~__.__ ,110",. Of PI._ J...... HtadQllOl.... P!lono S,llO~ local Cc,poraw<< '..t~I!'Ieu ~ ~,~(.iL D j~ ""''""L Ellt"nt "'-:mill [:.ltoJ,/N1 CAI'c1"'"'b Ev.r.t AlIttnIIt Cham..., (~..2~~ 0'''''__ PI..... (,....,) 8'S'-'JJ..'I Ph.r.. Assembly Ar9a_~ ~..I> E. r)"J' '\ Describe Sound "~Ijtying Equipmenl to be used _ L., v<. . So .,. "o,Jc. 3 00/ .J' ....~o ~ II .k:d__ e~tirnaled Spectalors __ ___._____ Number~: Vahielll' and Persons in Each D8scrb&Trainlngorlnslruct~naGiv9nIOParlicipants "'I ~...~J. c...o,./:_....;.....~ '1.._... -"..-.',./ .JfJ!Jl_-1!-1d1~. ,.".Jy..l ~ f Number of Restrooms and Water Facilities ~ V'C.-/. .___ P 1_, ;,,~___ t:. ~ ul"... "'''~.4. 1'i'''''Dt's:,.P "....d-... # Tile ".ndel$iQnecJ makes itpplication for a parade.:sp.cial @Y~nt and in sl)/JpOft of said appliCation. certifies lhat aN statements herein a" true, sccura/B and complete. Falsification or unapproved changes may fesult in the cancllilation 0' this application. Applicant acknowledges rec.ipt ot Ii c"py of 'he rBgUI!ltlOns and j"stftfCl/oflS. V'1i DI , Oat. ,.~ --...-------s;-;n...... 01 APpI~t ~..=.~~ ~1'lJ(.:l"U '''.~ OCT-09-2001 13:23 SBPD TRAFFiC ,.;YahOO! Maps and llnvmg VIr~~10nS . 'I ~.Maps~ P.04/1214 rage I 01 I _ ~_.... ..-. -- ."_......".._--"._-,--,-_.,,.'------'.~_.'. Yll!!2l1l - Yellow PII!}es . I:!! 'POWered by"Mapquesfcoiiilli .:\ Getitfirst: Y!"POllli1!~ Yahoo! Maps Qreate Mv l~nl- Sian I Welcome, Gunt Ua.r * 1398 north It street, San Beman:llno, CA 92405-4529 ~. ",.~ Sa\l~Ihi8 Adltll!! 1 /~ I , -!!'J!'J 7- --- -!"'. ZooJllln liJ W 3 UJ [~..1 L..J..J LL] [,1] i...i....l [,ft] Z9.Qm O\O,t ,"g~~~J.!I' 1I1t~ac!iY!!M .... . ^ .. ~,,~..,... ....""1 TOTAL P.04 CITY OF SAN BERNARDINO INTEROFFICE MEMORANDUM TO: FROM: Councilman Frank E. Schnetz, Ways & Means Chairman Council Office SUBJECT: Ways & Means Agenda. DATE: July 12, 2001 COPIES: Fred Wilson, City Administrator Please place the 2nd Annual "E" Street Cruise on an upcoming W~ys and Means Committee Agenda. The event is scheduled for November 10, 200 1. --r:!L-d _ SUSAN LIEN Councilwoman, Second Ward SL:jv Attch. 0>: ~~ r'J' ~"-~~~ - ~"':.'- - . ~ ~ DO Of ROTISSERIE JUAN POLLO REST}'~~URANTS -$ '- ~, Main Office: 1398 N. "E" Street, San Bernardino, CA. 92405 (909) 885-6.324 FAX (909) 381-3175 . Susan Lien Councilwoman, 2nd Ward 300 North D Street San Bernardino CA 92418-0001 c~ // ~h/}~ fz--- ( rf)-/? ^ . ________ lieJ ?Visor> July 2, 2001 Dear Susan, I hope all is well with you. We are moving ever forward with the Cruzm E Street event. We have received conunitments from many that will assure our success. Congressman Joe Baca has committed to being involved with our event, along with many others. I was wondering if you could guide me through the process with the City and schedule me on the agenda. 1 defer to you, to know how best to handle this. Attached is the City request form and I have highlighted the areas that affect us. Please feel free to contact me @ 626 255-0996 on my celL Thank you in advance. Richard Dietz c I 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 ,.-.. '-' c , ~r'~\( RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AGREEMENT WITH JUAN POLLO, INC. AND THE CITY OF SAN BERNARDINO FOR REIMBURSEMENT TO CITY OF WAIVER OF FEES GRANTED IN CONNECTION WITH THE 2001 MCDONALDS CAR SHOW AND CRUISE. 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 an Agreement with Juan Polio, Inc., for reimbursement to City of fee waivers granted in connection with the 2001 McDonalds Car Show and Cruise, 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 it within sixty (60) days of the adoption of this resolution. ////1 ////1 1//// ////1 1//// ////1 1//// ////1 1//// ////1 Y10. t~L /O/Is)O/ ~ '-' I 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 ,..... "- .- ~ RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AGREEMENT WITH JUAN POLLO, INC. AND THE CITY OF SAN BERNARDINO FOR REIMBURSEMENT TO CITY OF WANER OF FEES IN CONNECTION WITH THE 2001 MCDONALDS CAR SHOW AND CRUISE. 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 ,2001, by the following vote to-wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA LIEN McGINNIS SCHNETZ SUAREZ ANDERSON MCCAMMACK City Clerk The foregoing resolution is hereby approved this day of 2001. Judith Valles, Mayor City of San Bernardino Approved as to Form and legal content: JAMES F. PENMAN, City Attorney By: &~ 9.t~ ,/; /, U1 2 c .~ '- ~ '- I 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 AGREEMENT WITH JUAN POLLO, INC. FOR REIMBURSEMENT TO CITY OF WANER OF FEES GRANTED IN CONNECTION WITH THE 2001 MCDONALDS CAR SHOW AND CRUISE. This AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City" and JUAN POLLO, INC., referred to as "Organization." The parties agree to as follows: I. Recitals. A. Organization has requested a waiver of City fees in the amount of $4,385 to assist in defraying the total costs of their "McDonald's Car Show and Cruise" event, scheduled for November 10,2001. The waiver of fees provided for in this agreement is made on a one-time basis, and granting of such waiver shall not imply a continuing obligation of the City beyond the terms of this Agreement. 2. Approval. Upon approval by the Mayor and Council of the City of San Bernardino, City shall waive departmental facility, personnel and equipment costs in the amount of FOUR THOUSAND, THREE HUNDRED AND EIGHTY FIVE DOLLARS ($4,385), as estimated by the City to assist Organization with the conduct of the McDonald's Car Show and Cruise scheduled for November 10, 2001, as outlined in the staff report by the City Administrator, dated October 3, 2001. 3. Reimbursement of Funds. As a condition ofthis agreement, Organization agrees to reimburse City on a dollar- for-dollar basis, but only up to and including the total amount of fee waivers granted by the City, for every dollar over $20,600 in revenue that the event generates. <: c -- ~ I 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 AGREEMENT WITH JUAN POLLO, INC. FOR REIMBURSEMENT TO CITY OF WAIVER OF FEES GRANTED IN CONNECTION WITH THE 2001 MCDONALDS CAR SHOW AND CRUISE. 4. Accountability. Financial records shall be maintained in accordance with generally accepted accounting principles by Organization in such manner as to permit City to easily identify costs connected with event. All books and records of Organization are to be kept open for inspection at any time during the business day by the City or its officers or agents. Failure to submit the financial records in accordance with this section will result in the Organization reimbursing the City in the full amount of fee waivers received by Organization. At the conclusion of the event, Organization shall present the City Administrator or his designee copies of all receipts for expenditures connected with said event. If the event generates over $20,600 in revenue, Organization is obligated to reimburse City on a dollar-for-dollar basis up to and including the total amount of fee waiver for every dollar over $20,600 the event generates. In no instance, shall the amount of reimbursement exceed the total amount of FOUR THOUSAND, THREE HUNDRED AND EIGHTY FIVE DOLLARS ($4,385). 5. Hold Harmless. Organization covenants and agrees to defend, indemnify, and hold harmless the City and its employees and agents from all liabilities and charges, expenses (including attorney fees), suits, or losses, however occurring, or damages arising or growing out of this waiver of fees and subsequent reimbursement, and all operations under this agreement hereunder are made with the understanding that the City is not involved in the performance of services or other activities of Organization. The costs, salary and expenses of the City Attorney and members of his office in enforcing this agreement on behalf of the City shall be considered as "attorney's fees" for the purposes of this paragraph. 1111 1111 2 <: ."-' '- -- \- I 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 AGREEMENT WITH JUAN POLLO, INC. FOR REIMBURSEMENT TO CITY OF WAIVER OF FEES GRANTED IN CONNECTION WITH THE 2001 MCDONALDS CAR SHOW AND CRUISE. 6. Insurance. While not restricting or limiting the foregoing, during the term of this agreement, Organization shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000, per occurrence combined single limit, naming the City of San Bernardino as additionally insured and providing thirty (30) days notice to said City of any material changes to or termination of such insurance coverage. 7. Termination. City shall have the right to terminate this agreement for any reason by mailing a ten-day written notice to Organization and this agreement shall terminate ten days after the mailing of such notice. In the event this agreement is terminated for any purpose other than those authorized, total reimbursement of the amount of fee waiver provided by City shall be returned to City. 8. Authorization to Execute. Organization hereby covenants that it has taken all actions necessary to make the adherence to the obligations imposed by this agreement a binding obligation ofthe organization. 9. Notices. All notices herein required shall be in writing and delivered in person or Sent by certified mail, postage prepaid, addressed as follows: As to City: As to Organization: City of San Bernardino Juan Polio, Inc. 300 North "D" Street 1398 North "E" Street San Bemardino, CA 92418 San Bernardino, CA 92045 Attn: City Administrator Attn: Richard Dietz 3 I 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 r- 27 '- 28 <: c AGREEMENT WITH JUAN POLLO, INC. FOR REIMBURSEMENT TO CITY OF WANER OF FEES GRANTED IN CONNECTION WITH THE 2001 MCDONALDS CAR SHOW AND CRUISE. 10. Entire Agreement. This agreement and any documents or instruments attached hereto or referred to herein integrate all terms and conditions mentioned herein or incidental hereto, and supersede all negotiations and prior writing in respect to the subject matter hereof. In the event of conflict between the terms, conditions or provisions of this agreement, and any such document or instrument, the terms and conditions of this agreement shall prevaiL In witness whereof, the parties hereto have executed this agreement on the day and date first above shown. CITY OF SAN BERNARDINO By. Judith Valles, Mayor JUAN POLLO, INC. By. Richard Dietz ATTEST: By: City Clerk Approved as to form And legal content: James F. Penman City Attorney /) ;) By: lb",,""'" f. r ~.., C/ 4 CITY CLERK'S OmCE RACHEL G. CLARK, CM.C. . CITY CLERK SM P.O. Box 1318 . San Bernardino' CA 92402 300 North "D" Street. San Bernardino. CA 92418-0001 909.384.5002' Fax: 909.384.5158 Business Registration Division: 909.384.5302 Passport Acceptance Facility: 909.384.5128 www.ci.san-bernardino.ca.us October 19, 2001 Richard Dietz Juan Polio, Inc. 1398 North "E" Street San Bernardino, CA 92405 Dear Mr. Dietz, At the Mayor and Common Council meeting of October 15, 2001, the City of San Bernardino adopted Resolution 2001-328 - Resolution authorizing an agreement with Juan Polio, Inc., and the City of San Bernardino for reimbursement to City of waiver of ftes granted in connection with the 2001 McDonald's Car Show and Cruise. Enclosed is one (I) original agreement. Please sign in the appropriate location and return the original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San Bernardino. CA 92402, as soon as possible. Please retain a copy of the agreement for your files. Please be advised that the resolution and agreement will be null and void if not executed within 60 days, or by December 14,2001. If you have any questions, please do not hesitate to contact me at (909)384-5002. Sincerely, ! . Michelle Taylor Senior Secretary Enclosure cc: Fred Wilson, City Administrator COY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity. Accountability' Respect for Human Dignity' Honesty Attn: City Clerk Re: Cruzin "E" Street event REcrrVF'} November 26, 2001 Please find attached the signed agr~pte\l$, be~ee!l, C~y of San Bernardino and Juan Polio Inc. as outlined in the staffreiJOrt b)I\~-citY!}\ll'fninistrator, dated October 3, 2001. Also find attached a breakdown of revenues and expenses of the event for your perusal. If you should have any questions, please feel free to contact me at 626 255-0996. Sincerely, -tLA..../ I~- Richard Dietz CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: December 6, 2001 TO: Fred Wilson, City Administrator FROM: Michelle Taylor, Senior Secretary RE: Resolution 2001-328- McDonald's Car Show and Cruise CC: Finance Attached is a fully executed copy of the agreement with Juan Polio, Inc., for reimbursement to City of waiver of fees granted in connection with the 2001 McDonald's Car Show and Cruise. The original agreement is on file in the City Clerk's Office. If you have any questions, please call me at ex!. 3206. .. . ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): 10-15- 0 \ Item # 2 3 Vote: Ayes 1- 'I Nays..G- Change to motion to amend original documents: Resolution # LCi:::l \ - 32:>\ Abstain -e- Absent $ Reso. # On Attachments: / Contract term: - Note on Resolution of Attachment stored separately: -=- Direct City Clerk to (circ]e I): PUBLISH, POST, RECORD W/COUNTY Date Sent to Mayor: 1 (:)- \,- D\ Date of Mayor's Signature: ) <::> -11;- 01 Date of ClerklCDC Signature: 10- \ ~ -()\ NullNoidAfter: &'0 oCi'::') 12-14-0\ I By: Reso. Log Updated: ,/' Seal Impressed: / Date Memo/Letter Sent for Signature: : 0 - \ '1 - () \ 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: See Attached: / Date Returned: 12-5-0 \ See Attached: See Attached: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, ]0584, 10585, ]2634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234,655,92-389): Copies Distributed to: City Attorney ,/ Code Compliance Dev. Services Parks & Rec. Public Services Water Police Notes: Yes / No By Yes No...L... By Yes No .-L. By Yes NO-5 By Yes No By EDA Finance ,,/ Others: I\Ori'lll"l. MIS BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.) Ready to File: fV'(\ Date: 12. -S-o \ Revised 0] 112/0]