HomeMy WebLinkAboutR14- Administration CITY OF SAN BERNA RDINO - REQUEST FOR COUNCIL ACTION
From: Peggy Ducey Subject: Amendment to Parking Agreement
ipt: Administration
Date: March 15 , 1993
Synopsis of Previous Council action:
November, 1978 - Redevelopment Agency and City approved parking agreement
between Vanir Research Company and Dennis and Denyse Miller .
Recommended motion:
City Motion:
Adopt resolution .
Agency Motion:
Adopt resolution.
signature
Contact person: Peggy Ducey _ Phone:_ 5122
Supporting data attached: yes Ward: 1
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
7s-0262 Agenda Item No. 4'- /�
CITY OF SAN EERW IDINO — REQUEST FP's COUNCIL ACTION
STAFF REPORT
In November, 1978, the Redevelopment Agency signed a parking
agreement with Vanir Research Company and David and Denyse Miller
in relation to the development of the old Penney's building, which
now houses the Department of Social Services Welfare Operations.
In the agreement, the Agency agreed to provide at least 122 public
parking spaces behind the building in District Lot #1, and to
impose a two hour parking time limit on those spaces. (The
building itself has very little on-site parking and is dependent on
District Lot #1 for parking. ) The parking time limit was requested
because originally the building was to be developed for retail, not
office use, and short term parking would better suit customer
needs.
The building was eventually leased to the Department of Social
Services for welfare operations. Initially, parking did not pose
a problem, but as staff and operations grew, parking for both
clients and employees became extremely tight. Recently, DPSS has
considered moving out of the downtown area because of parking as
well as other problems. The building owners are now negotiating
with the County to address these issues and keep them downtown.
The City and the Economic Development Agency are taking a number of
steps to address the parking issue. One step involves removing the
time limit on parking in District Lot #1 and allow for all-day
parking. This action is under a separate Council agenda item. The
second action is to amend the original parking agreement
(Resolution No. 135-15) to ensure that a minimum of 199 of the 280
spaces in Lot #1 will remain open public parking. (Eighty-one of
the 280 spaces have already been leased to the gas company
building. ) The agreement currently includes a clause that ensures
that if District Lot #1 were developed for anything other than
parking, the Agency would find comparable parking within 400' of
the DPSS building. The agreement guarantees the arrangement for 25
years, until 2003. The developer has requested that the agreement
be amended to continue for 31 years, to 2009, to coincide with the
lease that the County is being asked to sign.
RECOMMENDATION
Adopt resolution.
7s-0264 "�
I RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO
3 AGREEMENT WITH ALLAN D. SMITH, BANKRUPTCY TRUSTEE SUCCESSOR TO H.
FRANK DOMINGUEZ, DBA VANIR RESEARCH COMPANY AND DAVID D. MILLER &
4 DENYSE M. MILLER, AND REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO AND THE CITY OF SAN BERNARDINO RELATING TO THE PUBLIC
5 PARKING SPACES.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
7
SECTION 1 . The Mayor of the City of San Bernardino is
8 hereby authorized and directed to execute on behalf of said City
9 a First Amendment to Agreement with Allan D. Smith, bankruptcy
10 trustee, successor to H. Frank Dominquez, dba Vanir Research
11 Company and David D. Miller and Denyse M. Miller, and
12 Redevelopment Agency of the City of San Bernardino and the City of
13 San Bernardino relating to public parking spaces, a copy of which
14 is attached hereto, marked Exhibit "I" and incorporated herein by
15 reference as fully as though set forth at length.
16 SECTION 2. The authorization to execute the above-
17
referenced agreement is rescinded if the parties to the agreement
18 fail to execute it within sixty ( 60) days of the passage of this
19 resolution.
20
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28
-1-
I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO
2 AGREEMENT WITH ALLAN D. SMITH, BANKRUPTCY TRUSTEE SUCCESSOR TO H.
FRANK DOMINGUEZ, DBA VANIR RESEARCH COMPANY AND DAVID D. MILLER &
3 DENYSE M. MILLER, AND REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO AND THE CITY OF SAN BERNARDINO RELATING TO THE PUBLIC
4 PARKING SPACES.
5
6 I HEREBY CERTIFY that the foregoing resolution was duly
.
7 adopted by the Mayor and Common Council of the City of San
8 Bernardino at a meeting thereof, held on the
day of 1993, by the following vote, to wit:
9
Council Members: AYES NAYS ABSTAIN ABSENT
10
ESTRADA
11 REILLY
12 HERNANDEZ
13 MAUDSLEY
14 MINOR
15 POPE-LUDLAM
16 MILLER
17
18
19 City Clerk
20 The foregoing resolution is hereby approved this day
of 1993.
21
22 W. R. Holcomb, Mayor
City of San Bernardino
23 Approved as to
24 form and legal content:
25 JAMES F. PENMAN,
City Attorney
26 '
27
By
28
-2-
1 RESOLUTION NO.
2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST
3 AMENDMENT TO AGREEMENT WITH ALLAN D. SMITH, BANKRUPTCY TRUSTEE
SUCCESSOR TO H. FRANK DOMINGUEZ, DBA VAIIR RESEARCH COMPANY AND
4 DAVID D. MILLER & DENYSE M. MILLER, AND REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO RELATING
5 TO THE PUBLIC PARKING SPACES.
6 BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
7
SECTION 1. The Agency Administrator of the Economic
� 8
9 Development Agency of the City of San Bernardino on behalf of the
IO Redevelopment Agency of the City of San Bernardino is hereby
Il authorized and directed to execute on behalf of said Agency a
12 First Amendment to Agreement with Allan D. Smith, bankruptcy
trustee, successor to H. Frank Dominquez, dba Vanir Research
13 Company and David D. Miller and Denyse M. Miller, and
14 Redevelopment Agency of the City of San Bernardino and the City of
15 San Bernardino relating to public
parking spaces, a copy of which
16 is attached hereto, marked Exhibit "I" and incorporated herein by
17 reference as fully as though set forth at length.
18 SECTION 2. The authorization to execute the above-
19 referenced agreement is rescinded if the parties to the agreement
20 fail to execute it within sixty ( 60) days of the passage of this
21 resolution.
22
23
24
25
26
27
28
-1-
I RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO
2 AGREEMENT WITH ALLAN D. SMITH, BANKRUPTCY TRUSTEE SUCCESSOR TO H.
FRANK DOMINGUEZ, DBA VANIR RESEARCH COMPANY AND DAVID D. MILLER S.
3 DENYSE M. MILLER, AND REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO AND THE CITY OF SAN BERNARDINO RELATING TO THE PUBLIC
4 PARKING SPACES.
5
6 I HEREBY CERTIFY that the foregoing resolution was duly
7 adopted by the Community Development Commission of the City of San
8 Bernardino at a meeting thereof, held on the
9 day of 1993, by the following vote, to wit:
10 Commission Members: AYES NAYS ABSTAIN ABSENT
ESTRADA
11
REILLY
12
HERNANDEZ
13
MAUDSLEY
14 MINOR
15 POPE-LUDLAM
16 MILLER
17
18
19 Secretary
20 The foregoing resolution is hereby approved this day
of 1993.
21
22 W. R. Holcomb, Chairman
Community Development Commission
23 of the City of San Bernardino
24 Approved as to
form and legal content:
25 By:
2
g!�R_
6 Agency C nsel
27
28
-2-
1 FIRST AMENDMENT TO AGREEMENT
2
3 THIS FIRST AMENDMENT TO AGREEMENT made and entered into this
4 day of , 1993 , by and between the REDEVELOPMENT AGENCY, a
5 body corporate and politic, hereafter referred to as "Agency", and
6 the CITY OF SAN BERNARDINO, a municipal corporation, hereafter
7 referred to as "City" , and ALLAN D. SMITH, bankruptcy trustee,
g successor to Frank Dominguez, dba Vanir Research Company, and DAVID
9 D. MILLER AND DENYSE M. MILLER, husband and wife, hereafter
10 collectively referred to as "Developer" .
11
12 WHEREAS, the parties hereto entered into that certain
13 Agreement dated November 8, 1978, relating to parking for the
14 property located at 5th and "E" Street which is now occupied by the
15 Department of Social Services Welfare Operations, and
16
17 WHEREAS, the parties desire to now amend the said Agreement in
18 response to the parking problems DPSS is now experiencing,
19
20 NOW, THEREFORE, the parties hereto agree as follows:
21
22 1. Section 1 of said agreement in hereby amended to read as
23 follows:
24
25 Section 1. The City and Agency agree to provide, during the
26 term of the Agreement at least 199 public parking spaces within the
27 area bounded by "E", 5th, "F", and 4th Streets (sometimes
28 / ! / / /
I hereafter referred to as the "block") , as shown on the attached
2 Exhibit "A" - 1, unless the City Council and Agency determine that
3 public parking should be discontinued in such areas as provided by
4 Section 9. Said 199 public parking spaces to be provided prior to
5 the exercise of either option provided for in Section 2 are shown
6 on the attached Exhibit "A" . After the exercise of either of said
7 options, the 199 parking spaces shall be within the block, but not
g necessarily as shown on Exhibit "A" - 1.
9
10 2 . Section 9 of said Agreement is hereby amended to read as
11 follows:
12
13 Section 9. In the event the City and Agency, at any time
14 during the first thirty-one (31) years of this agreement determine,
15 for whatever reason, that public parking should be discontinued
16 within the area bounded by "E", 5th, "F", and 4th Streets (the
17 "block") , Developer shall have the right of first refusal to
18 purchase from the City or Agency at the then market value, as
19 determined by a qualified appraiser, property (if the Agency has
20 the same) on which are located 199 parking spaces which may be
21 within or without the area bounded by "E", 5th, "F", and 4th
22 Streets (the "block") , subject, however, to the restrictions
23 imposed upon the City and the Agency by the proceedings for the
24 formation of the Central City Parking District, the Lease and the
25 Resolution of Issuance. Such number of parking spaces as may have
26 been purchased by Developer, in accordance with Sections 2 or 5,
27 shall be deducted from the total 199. Said option must be
28
r
1 exercised within a period of six (6) months from the date of
2 written notification from the Agency that such property is
3 available for purchase. The configuration of the property to be
4 sold and the value thereof shall be determined by the City and
5 Agency and said information shall be included in the written
6 notification referred to herein. Notwithstanding the foregoing, in
7 the event the Developer, for whatever reason , is unable or
8 unwilling to purchase the property, the City and Agency shall
9 provide for an equal number of comparable parking spaces within the
10 area bounded by "E", 5th, "F" and 4th Streets (the "block") or at
11 a location within 400' radius of the block.
12
13 3 . Except as provided herein, all other terms and conditions
14 of the original agreement remain unchanged and in full force and
15 effect.
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1 FIRST AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF SAN
BERNARDINO AND REDEVELOPMENT AGENCY AND ALLAN D. SMITH, BANKRUPTCY
2 TRUSTEE SUCCESSOR TO H. FRANK DOMINGUEZ, DBA VANIR RESEARCH COMPANY
AND DAVID D. MILLER & DENYSE M. MILLER.
3
4 ATTEST: CITY OF SAN BERNARDINO
BY:
5 CITY CLERK W.R. HOLCOMB, MAYOR
6 Approved as to form
and legal content
7
JAMES F. PENMAN
8 CITY ATTORNEY
9 BY: CONTRACTORS:
Allan D. Smith, sucessor to
10 H. Frank Dominguez, d.b.a.
11 Vanir Research Company
BY:
12
13 David D. Miller & Denyse M. Miller
i
BY:
14
BY:
15
Community Development Commission of
16 the City of San Bernardino
17 BY:
18 Agency Administrator
Attest:
19
20 Secretary
21 Approved as to form
and le al content
22
BY:
23 Agency Co el
24
25
26
27
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CITY OF SAN BERVARDINO
300 North `D` Street, San Bernardino, California 92418
J l I
5TH ST
—mlLHCOUNTY DEPARTMENT
SOCIAL SERVICES
J d,{
BIBLE SUPPLY STORE
- H I-rr� PRIVATE PARKING
r n 1
LIER MUSIC CO V J
I I ULU I H I I'LL11 I
H LJ
i
o
I I H
R DOES NOT
INCLUDE
HANDICAP
SPACES
HATCHED AREA
PRIVATE PARKING
CAL FORNIA
SO CAL THEATER OF U.S.
GAS THE PERFORMING SOCIAL
BLDG ARTS SECURITY
4TH ST
A
N PUBLIC PARKING
PARKING EXCLUDING
W HANDICAP
+ HANDICAP SPACES = 10
DISTRICT LOT # 1
ISSUE DATE:
NOT TO SCALE FEB. 4TH 1993