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HomeMy WebLinkAbout29-City Administrator ... ~. :.,...'. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Fred Wilson, City Administrator Subject: Resolution authorizing the Mayor to execute an agreement to jointly fund and utilize an Electronic Reader Board by and between the City of San Bernardino and Inland Empire Auto Center Association. Dept: City Administrator's Office Date: February 5, 2002 0 R : C : : : A L Council Meeting Date: 2/19/02 Synopsis of Previous Council Action: November 5, 1990 Agreement by and between the Economic Development Agency and the San Bernardino Auto Plaza Association to jointly fund an Electronic Reader Board is approved. January 9,2002 Ways and Means Committee recommended that the full Council consider an agreement to jointly fund the Electronic Reader Board. Recommended motion: Adopt resolution. ~t;re Contact person: Fred Wilson! Teri Baker Phone: 384-5122 Supporting data attached: Staff report; resolution; agreement Ward: 3 FUNDING REQUIREMENTS: Amount: FY 2002/03 cost $100,000. FY 2003/04 cost $75,000. Total cost not to exceed $175,000. Source: (Ace!. No.) General Fund (Ace!. Description) Finance: ~k'l~L Council Notes: v~ ~'ZCD2 - 0? ~ In JD It" Agenda Item No. ~ .. '. ~," CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subiect: Resolution authorizing the Mayor to execute an agreement to jointly fund and utilize an Electronic Reader Board by and between the City of San Bernardino and Inland Empire Auto Center Association. Backl!round: In November of 1990, the Economic Development Agency entered into an agreement with the San Bernardino Auto Plaza Association to jointly fund the construction and purchase of an Electronic Reader Board (ERB). The ERB was placed adjacent to the auto plaza visible to motorists on 1-215. The current ERB is now over ten years old and according to the Association is in need of replacement. In May of 2001, the Inland Empire Auto Center Association sent a proposal to the City in an effort to secure financial participation in the construction and cost of a new larger Electronic Reader Board main sign at the Auto Center. In September, the Ways and Means Committee considered the proposal. At that time, it was proposed that the City participate by rebating back to the auto center a portion of the sales tax revenue generated above an established baseline, up to a maximum of $175,000. After some discussion, the Committee took no action regarding the request. Since that time, Councilman Schuetz has met with Cliff Cummings, President of the Association to further discuss the issue. From the association's view, an incentive-based reimbursement is problematic, given the cyclical nature of automobile sales and the difficulty in establishing a reasonable baseline sales tax amount. Auto sales have been very strong for the last few years, but are anticipated to slow or possibly decline in the near future. In spite of the possibility of an economic downturn, Mr. Cummings estimates that as a direct result of a new ERB the City will see an increase of 4% in sales tax revenue from Auto Center sales. The following shows the sales tax generated each year by the members of the Auto Center since 1991: Year *Sales Tax Received 1991 $642,560 1992 $865,915 1993 $828,614 1994 $923,056 1995 $933,658 1996 $922,698 1997 $833,745 1998 $833,394 1999 $1,046,890 2000 $1,378,699 'Figures do not include sales tax received from Giant RV. . ~ I . , .. , The Ways and Means Committee reviewed a revised proposal in January of this year. At that time, the committee recommended that the Mayor and Council consider an arrangement that would reimburse 50% of the cost of the new reader board sign, payable in installments of $25,000 per quarter for 7 quarters (in an amount not to exceed $175,000). Quarterly payments would not begin until next fiscal year. The association has agreed to allow the City use of the sign for publicity and public service announcements; this will provide a new resource for the City's marketing purposes. The City may use its allotment of time for various community-oriented messages, informa~ional announcements, and to promote the overall positive image of the city of San Bernardino. The agreement will allow the City to use the ERB four minutes per every hour of airtime. The association has contracted with Quiel Bros. Sign Company to design and construct the new ERB. The Planning Commission approved the sign design and issued a Conditional Use Permit to construct the sign. The sign will be owned and maintained by the Association. Fiscal ImDact: If agreement is approved, the City's portion of the cost of the ERB will be no more than $175,000. Payments will be made to the association in seven quarterly payments beginning September 1, 2002 in the following manner: Four quarterly payments of $25,000 each ($100,000) will be budgeted in FY 2002/03 and three quarterly payments of $25,000 each will be budgeted in FY 2003/04 ($75,000). Payments will be made from the City's General Fund. Recommendation: Adopt resolution. iU I ". e e e ATTACHMENT A SUMMARY CITY OF SAN BERNARDINO PLANNING DIVISION CASE: AGENDA ITEM: HEARING DATE: WARD: Conditional Use Permit No. 00-27 3 March 6, 2001 3 APPLICANT Quiel Bros. Electric Sign Co. 272 S. "I" Street San Bernardino, CA 92410 909.885.4476 OWNER: City of San Bernardino 300 N. "D" Street San Bernardino, CA 92418 REQUEST/LOCATION: The applicant requests approval of a Conditional Use Permit under authority of Development Code Section 19.22. 150, Table 22.0(C)(3) to install a new changeable copy/electronic message center identification sign for the Inland Empire Auto Center. The sign will be located at the entrance to the auto plaza, in the median in Auto Center Drive at Camino Real in the CR-4, Commercial Regional - Auto Plaza land use district. CONSTRAINTS/OVERLAYS: Liquefaction ENVIRONMENTAL FINDINGS: o Not Applicable (;:I Exempt, Section 15311 - Accessory Structures o No Significant Effects o Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan STAFF RECOMMENDATION: (;:I Approval (;:I Conditions o Denial o Continuance to: tOo. 'GC( . '. e e e Conditional Use Permit No. 00-27 Meeting Date: March 6.200/ Page 2 REOUEST AND LOCATION Quiel Bros. Electric Sign Co., on behalf of the Inland Empire Auto Center is requesting approval of a Conditional Use Permit under authority of Development Code Section 19.22.150, Table 022.01 (C)(3) install a new electronic message board center identification sign at the entrance to the auto center. The sign will advertise the auto center and its activities and occasional public service messages. The electronic message center sign will be located in the median in Auto Center Drive and is proposed to extend over Camino Real. The Inland Empire Auto Center is located in the CR-4, Commercial Regional- Auto Center land use district on the west side ofI-215, north of the Santa Ana River. (Attachments A and 8.) BACKGROUND The auto center was established in the 1980s, and the site is developed with six dealers offering eight hips. The existing sign, installed in 1993, is located on the northeast portion of the Mitsubishi dealership, just south of the entry median. The existing sign will be removed in conjunction with installation of the new sign. The City owns the median and the Mayor and Common Council will be required to grant approval to install the sign in the median and to extend over the roadway. FINDINGS AND ANALYSIS 1. Is the proposed use conditionally permitted within the subject land use district. would it impair the integrity and character of the subject land use district, and does it comply with all of the applicable provisions of this Development Code? Pursuant to Development Code Section 19.22.060, changeable copy/electronic message signs are permitted for movie theaters, arenas, stadiums, and auto plazas. The Inland Empire Auto Center meets that criterion. 2. Is the proposed use consistent with the General Plan? The City recognized the importance of the Auto Center by creating the CR-4, Commercial Regional- Auto Plaza land use designation. Objective 1.18 states that it is the objective of the City of San Bernardino to: "Provide for the continuing development of the San Bernardino Auto Plaza as the principal center of new car dealerships, serving local residents and adjacent communities." The existing sign is still functional, but becoming dated. The new sign should help to draw attention to the auto center, encouraging more customers to stop, shop, and purchase vehicles. e e e 3. 6. Conditional Use Permit No. 00-27 Meeting Date: March 6, 2001 Page 3 Is the approval of the Conditional Use Permit for the proposed use in compliance with the requirements of the California Environmental Quality Act and Section 19.20.030(6) of the Development Code? The project is exempt from CEQA per Section 15311, which exempts accessory structures. 4. Are there potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored? As noted on the Summary page and in Finding #3, this project is exempt from CEQA review under Section 15311. 5. Are the location, size, design, and operating characteristics of the proposed use compatible with the existing andfuture land uses within the general area in which the proposed use is to be located and will it create significant noise, traffic or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the public interest, health, safety, convenience, or welfare of the City? The proposed sign will be 75 feet tall and include areas for the City name, electronic message center, and dealership identification. The City name and logo will include 168 square feet, the electronic message area will be 430 square feet, and the dealership identification area will be 472 square feet. Section 19.22.150, Table 22.01 (C)(3)(b) of the Development Code permits 200 square feet per anchor tenant for freeway regional mall identification. In the Auto Center, all eight dealerships would be considered anchor tenants. Therefore, the total permitted signage would be 1,600 square feet. The total square footage of the proposed sign is 1,070 square feet. The design of the sign with three distinct sign areas provides visual interest as opposed to a sign with a large square or rectangular sign face of 1,600 square feet. The Development Code permits freeway signage to 50 feet above the freeway grade, or up to 75 feet based on a flag test. On November 21, 2000, a flag test was conducted. The sign has good visibility to motorists traveling northbound on 1-215. However, southbound motorists have a limited opportunity to see the sign. The sign will be partially obscured by the Orange Show Road overpass, and the freeway curves to the west in the vicinity of the Auto Center. Is the subject site physically suitable for the type and density/intensity of use being proposed? Although the sign is proposed to be installed in the median, it does not fit the definition of an off-site sign since it is located in the median in the entrance to the Auto Center. The median island is 9 feet wide and setback 23 feet from Camino Real. The base of the sign is 4 feet by 2 feet, 8 inches. The Inland Empire Auto Center I' i , e e e Conditional Use Permit No. 00-27 Meeting Date: March 6, 200/ Page 4 tenants would like the base of the sign to start 2 feet in from the edge of the median. With this placement, the top of the sign would extend out 14 feet from the front of the median. If this placement is not acceptable to the Mayor and Common Council, the base of the sign will be moved back to start at 19 feet from the edge of the median, with the top of the sign extending over the median only. Either placement of the sign will not obscure visibility to and from the Auto Center. The median is physically suitable for placement of the sign. 7, Are there adequate provisions for public access, water. sanitation. and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety? The Auto Center is fully developed, and all services and utilities are in place. The proposed sign will not impact the existing services or utilities or be detrimental to the public health and safety, All applicable Codes will apply to the construction of the sIgn. COMMENTS RECEIVED Comments were received from Caltrans, requesting a courtesy Outdoor Advertising Display Statement. (Attachment C.) CONCLUSION The proposal meets all necessary Findings of Fact for approval of the Conditional Use Permit. RECOMMENDATION Staff recommends the Planning Commission approve Conditional Use Permit No. 00-27 based upon the Findings of Fact contained in this Staff Report and subject to the Conditions of Approval (Attachment D), and recommend that the Mayor and Common Council grant an easement for placement of the sign in the median. Respectfully Submitted, James Funk Director of Development Services Valerie C. Ross Principal Planner e e e Attachment A Attachment B Attachment C Attachment D Conditional Use Permit No. 00-27 Meeting Date: March 6, 2001 Page 5 Location Map Site Plan Caltrans Comments Conditions of Approval ATTACHMENT A CITY OF SAN BERNARDINO CUP No. 00-27 PLANNING DIVISION LOCATION MAP LAND USE DISTRICTS HEARING DATE: 03/06/01 f.' IN~~' :, ..,.ur i /) CENTE,. /. " '. s --- II- CINTU";T laY -..l .' ~. . It. I" . . <t " . ,~ iJ NORTH . ~ ... T Of I' vi - o << z o u ~ ~ f'~ t\.. sftlMlA Dl ~ .11 ~TACHMENT "B" Manufa.;t..re Supply anc:l ,nfi'tall' e One (1) DOl.ll1le Face Co!IH'ltile-.er Free~"j S<t:fn .....ith Me!!o".~ Cerl~~ Top Sign' Opetl Face Chanel letter" In!lide: P..itlted Yellow to match Yellow (230'015) Return!!" P.inkd Black., inttide: &. out. Neon: Doul1te Tu\;oe Yellow Neon. logo Can' Full Color S.:;otch Print Ml:~age Ce"tt'r: Single faced 15'K28'.4'" 5~tem 7000 M~~e Center. Maui)(: V'~agt: Ba~ 10 Watt 48')(96' Cal1itlet. BlAck ,",1J'to Center Sign: Ope" Filice Chanel Jettue Ineide&. Return!!: Pallrlted Rea tc "11.1:.:11 Red (2.30-53) Nt:on: Rt:d DUller FauSI: 'Mlit..e p1afitic ....itlo ';'1)'1 copy, Cal1inlrt &. Fble Covere: StMl &. Sheet Metal COIl/,tn..;tiori To 5e Painted White &. Bi.a.;k. Border Neon: Yello.... 28".6' ~~;~ LJ r6'~11 1~-3'~ .. I I~! \ljljc.D(a(OI[jj]~(lro; ;i ~ ~m [;@~[jJfJITw~[jJ@ i 2 i 1.lullll E..lr. ....L-! LUPTD UIlTEI ~ TOYOTA o CHRYSLER JeeR Eagle I I I II :1 ; e <;> ~ ~ in N \> l::i of .~ ~~~.. ", MIT5lB5HI' .; ,E]3-.,.1=4....!.:.li . NISSAN ~I'O ;, Ii ., .' 'I I' I' ;; ,: ~ I I. :1 /,,'1 .~ Scale liaR:,. e SlGNS"'~~ ~SN:E1Q61 '........'_,Ql)).IIol...le ~.""'__..,ti:'. :;07<:1J7',. "",""-""""760;)O'",.~ '..:<:>"'<;I)I;M.\I'9J'>'!._~<lJi~_':"",, ~ p'x--+.st:; Cliff Cummin_ l).QtE/: Qt)Q.38t-.4444 ~t Inland Emcoire Auto Cen~ A,,~~S s.."Ber-n...dino =lf~',,"("" ~i:'iOll"'''' 1lE::U:S'~""" ;:..T[~.~:..... ~e$A ~ a MOft,:)-.,""""'"....""""'_,,~_;'..."""""'''''''1....~>'<-'''X!e...:I:)looJteo [._"".;;'1"........,.:o.."'.U<cO..1J..""..".,'""....~...._.!I'''''-.:'''''''..........'''. -,.-g"v.".".."-..."'<.........,,,.,.,_..,.,..,,"':---.conoo:I""....."'....:.....,....,.."", ,~..',.,...j,''X'I'''"~..,..,.~''''"..''''''''..x'I<Ma_....,,<<'......-.a.:..,.:. ::(-<d." .,...-"<.'~......~"';"';:!JIIO'l1<:1:......'~""~...J~.....1N!. a..,.,,-'i9>~ ..: . ^"~^; CCM f.~ lnI..:1d Em~re Autc Certter (00376-AI_ Cl'.Tt:AA1IA 6-28.00 SO'vICE ,. r;N..'II!Jp'; ,.....15 JC8, W~sP:~ UlfTV Quiel DtV,\Mr>() , 00'576-" . J ., ,j ::t: J-i- .cc o z .',' CAMINO REAL . lOr ~~ j~ 1:t~l > I ~ ! UJ CENTURY AVENUE UJ c: u. '-- :.~ in - UJ0 .L. ~j ~Vi ,... J i~ \ !'I J 0 ~ -\ <r C ..J 0 AUTO CENT c: a: ~0 c:t "\ ~ Z / ,- 0 ffi 0:. I '- x Ii UJ en ~~ - -J OJ I - J U1 ~2 U1 Z '" .. -<7 ,). )/.- z ~ ....If't a: 'It <r if en .; 0 c.- a: z - 0 i ~ I il SHOW CASE DRIVE SOUTH ~ <r ~B- 0 ) i '" a: i w~'; I ~I '~i ~8~ / "''''' "- ~w ~~ 8~ m -' ~ Ul til~ i - I , , I I 5< C I ~ ~~~~~ I ^..- "- ., e e e Conditional Use Permit No. 00-27 Meeting Date: March 6, 2001 Page 8 ATTACHMENT D CONDITIONS OF APPROVAL Conditional Use Pennit No. 00-27 I. Within two years of development approval, commencement of construction shall have occurred or the permit/approval shall become null and void. In addition, if after commencement of construction, work is discontinued for a period of one year, then the permit/approval shall become null and void. Expiration Date: March 6, 2003 2. The review authority may, upon application being filed 30 days prior to the expiration date and for good cause, grant a one-time extension not to exceed 12 months. The review authority shall ensure that the project complies with all current Development Code provisions. 3. In the event that this approval is legally challenged, the City will promptly notify the applicant of any claim or action and will cooperate fully in the defense of the matter. Once notified, the applicant agrees to defend, indemnify, and hold harmless the City, the Economic Development Agency, their affiliates, officers, agents and employees from any claim, action or proceeding against the City of San Bernardino. The applicant further agrees to reimburse the City and the Economic Development Agency of any costs and attorneys' fees which the City or the Economic Development Agency may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this condition. 4. Construction shall be in substantial conformance with the plan(s) approved by the Director, Development Review Committee, Planning Commission or Mayor and Common Council. Minor modification to the plan(s) shall be subject to approval by the Director through a minor modification permit process. 5. The existing electronic message center identification sign shall be removed prior to final inspection of the new sign. 6. An encroachment permit shall be obtained prior 10 issuance of building permits. 7. Operation of the sign shall meet Caltrans standards and requirements. . . . 16 17 18 19 20 21 22 23 24 25 26 . 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 RESOLUT~~.~W RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT TO JOINTLY FUND AND UTILIZE AN ELECTRONIC READER BOARD BY AND BETWEEN THE CITY OF SAN BERNARDINO AND INLAND EMPIRE AUTO CENTER ASSOCIATION. 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 the Inland Empire Auto Center Association regarding an Electronic Reader Board, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as though fully set forth at length. SECTION 2. The authorization to execute the above referenced agreement IS 14 rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage 15 of this resolution. III III III III III III III III III <-;to 29, J./lf ~ L . . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT TO JOINTLY FUND AND UTILIZE AN ELECTRONIC READER BOARD BY AND BETWEEN THE CITY OF SAN BERNARDINO AND INLAND EMPIRE AUTO CENTER ASSOCIATION 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 , 2002, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA LIEN MCGINNIS SCHNETZ SUAREZ 16 ANDERSON 17 MCCAMMACK 18 19 20 City Clerk The foregoing resolution is hereby approved this day of 2002. 21 22 23 24 Judith Valles, Mayor City of San Bernardino Approved as to Form and legal content: 25 JAMES F. PENMAN, 26 City lIttorney /J By: 1ht..... j.. r~ 27 U 28 e e e 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 Exhibit A AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE INLAND EMPIRE AUTO CENTER ASSOCIATION TO JOINTLY FUND AND UTILIZE ELECTRONIC READER BOARD This Agreement is entered into this _ day of , 2002, by and between the City of San Bernardino ("City"), and the Inland Empire Auto Center Association of the city of San Bernardino ("Association"). WITNESSETH: Whereas, it has been determined that an Electronic Reader Board sign is necessary to increase awareness of the Auto Center; and Whereas, increased awareness will result in increased sales and will thereby benefit both the Association and the City of San Bernardino through increased sales tax revenue; and Whereas, the parties have determined that it is advantageous to and in the best interest of the City and the Association to jointly fund the construction and installation of a new Electronic Reader Board at the Inland Empire Auto Center in San Bernardino; and, Whereas, the City will benefit from the opportunity to display community-oriented messages, informational announcements, and to promote the overall positive image of the city of San Bernardino on the new Electronic Reader Board; III III III III III III 1 Ie 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 e e AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE INLAND EMPIRE AUTO CENTER ASSOCIATION TO JOINTLY FUND AND UTILIZE ELECTRONIC READER BOARD NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. ELECTRONIC READER BOARD INSTALLATION. A. Association agrees to install and maintain in good condition for twenty (20) years from the date of this Agreement, an Electronic Reader Board sign visible to motorists on 1-215 as approved by the City with Conditional Use Permit No. 00-27. B. Such sign shall be subject to all licenses and permits and approval of all applicable governmental agencies. C. City shall have no responsibility whatsoever for the selection of the contractors, for the construction work on said sign, nor responsibility for the finished product. D. Association hereby agrees to comply with all applicable laws, statutes, ordinances or regulations of every level of government which currently affect the installation of said sign or shall during the term of this Agreement so affect it. 2. CITY USE OF SIGN. For the twenty (20) year term of this Agreement, the City shall be permitted the right to use the Electronic Reader Board Sign four (4) minutes per every hour of airtime. The minutes shall consist of three (3) messages/frames in rotation at 5 seconds per message, for a total of IS seconds per rotation. The rotation time shall be 3 minutes 45 seconds total, displaying sixteen (16) times per hour. The City may use its allotment of time for various community-oriented messages, informational announcements, and to promote the overall positive image of the City of San Bernardino, with the exception of any "direct competitor(s)" of the Inland Empire Auto Center. 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 e 27 e e 28 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE INLAND EMPIRE AUTO CENTER ASSOCIATION TO JOINTLY FUND AND UTILIZE ELECTRONIC READER BOARD In the event the City does not have a sufficient number of community oriented announcements, informational messages, or positive image advertisements to use the City's entire minutes of time allotted, the City may, at its option and sole discretion, relinquish its rights to any or all of the unused portion of the City's allocated time to the Association for its usage as it deems fit and proper. All uses of the Electronic Reader Board by the City will be submitted to the Association by the Mayor's Office. The Mayor's Office may submit its messages and announcements to the Association, or designee, for re-programming of the Sign twice per month, generally on the 1st day and the 15th day of each month. If, however, the 1st or 15th day falls on a Friday, Saturday, or Sunday, then the deadline for submittal of all advertising copy and messages shall be the following Monday by 5:00 p.m. 3. REIMBURSEMENT AND METHOD OF PAYMENT. Upon installation of the Electronic Reader Board as determined by the City and the presentation of invoice of funds expended, City agrees to reimburse Association for the cost of construction and installation in seven (7) quarterly payments of $25,000 each beginning September 1, 2002 continuing through March 1, 2004. The sum of the quarterly payments shall not exceed one-half of the total cost; and in no event shall such reimbursement exceed $175,000. Quarterly payments shall be made upon receipt of quarterly invoices to the City from the Association on the following dates: , .) e 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 e e AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE INLAND EMPIRE AUTO CENTER ASSOCIATION TO JOINTLY FUND AND UTILIZE ELECTRONIC READER BOARD 1. September 1, 2002 2. December 1,2002 3. March 1,2003 4. June 1, 2003 5. September 1,2003 6. December 1, 2003 7. March 1,2004 Any trade allowance with Quiel Bros. Sign Company given for the purchase and removal of the existing reader board sign must be stipulated in the invoice of funds expended on the new sign. CITY shall reimburse no other expenditures made by Association related to the Electronic Reader Board. 4. SEVERABILITY. This Agreement may not is given in writing by both parties. The terms of this contract shall remain in force unless mutually amended. 5. INDEMNITY. Association hereby agrees to indemnify, defend, and hold harmless the City and the Economic Development Agency, their officers, agents, and employees from and against any and all liability, expense and claims for damages of any nature whatsoever. including but not limited to, costs, bodily injury, death, personal injury, or property damage (including, without limitation, reasonable costs of defense and reasonable attorney's fees) arising out of or related to Association's negligence in its performance of this Agreement, except that such duty to indemnify, defend, and hold harmless shall not apply where injury to person or property is caused by the City's willful misconduct or negligence. The costs, salary, and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of City shall be considered as "attorney's fees" for the purposes of this paragraph. 4 e e e 1 2 3 4 5 6 7 8 9 10 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE INLAND EMPIRE AUTO CENTER ASSOCIATION TO JOINTLY FUND AND UTILIZE ELECTRONIC READER BOARD 6. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, Association shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation coverage, and. shall file copies of said policies with the City's Risk Manager prior to undertaking any work under this Agreement. City shall be set forth as an additional named insured in each policy of insurance provided hereunder. 11 The Certificate oflnsurance furnished to the City shall require the insurer to notify City of 12 any change or termination in the policy. 13 7. NON-DISCRlMINA TION. In the performance of this Agreement and in the hiring and 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 recruitment of employees, Association shall not discriminate on the basis of race, creed, color, religion, sex, physical handicap, ethnic background or country of origin. 8. NO EMPLOYMENT. Association shall perform work tasks provided by this Agreement but for all intents and purposes, Association shall be an independent contractor and not an agent or employee of the City. 9. NOTICES. Notices given pursuant to this Agreement shall be in writing and deposited with the United States Postal Service postage prepaid and addressed as follows: To the City City Administrator's Office City of San Bernardino 300 North D. Street San Bernardino, CA 92418 5 e e e 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 III 28 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE INLAND EMPIRE AUTO CENTER ASSOCIATION TO JOINTLY FUND AND UTILIZE ELECTRONIC READER BOARD To the Association Cliff Cummings, President Inland Empire Auto Center Association PMB 245 31441 Santa Margarita Parkway, Suite A Rancho Santa Margarita, CA 92668 Nothing in this paragraph shall be construed to prevent the giving of notice by personal service. IN WITNESS WHEREOF the Parties have executed this Agreement on the day and date first shown above. ATTEST: CITY OF SAN BERNARDINO By: By: Rachel Clark, City Clerk Judith Valles, Mayor ATTEST: INLAND EMPIRE AUTO CENTER ASSOCIATION By: Cliff Cummings, President APPROVED AS TO FORM AND LEGAL CONTENT: By: ~ '?- .t:>.._.._ (I James F. Penman City Attorney III III III III 6 Manufacture Supply and Install: One (1) Double Face Cantilever !reeway Sign with Message Center. Top Sign: Open Face Chanelletters: Inside: Painted Yellow to match Yellow (230-015) Returns: Painted Black, inside & out. Neon: Double Tube Yellow Neon. Logo Can: Full Color Scotch Print Message Center: Single faced 15'xZ8'-4"' System 7000 Message Center. Matrix: Wedge Based 10 Watt 48'~96' Cabinet: Black Auto Center Sign: Open Face Chanelletten;: inside & Returns: Painted Red to match Red (230-53) Neon: Red Dealer Faces: White plastic with vinyl copy, Cabinet & Pole Covers: Steel & Sheet Metal Construction. To Be Painted White & Black. Border Neon: Yellow. T ~ 6'-0" I 19'-3" 6'-011 ~4'-6" ~ 28'-8" I ~ L . I CUSTOMER APPROVED SIZE. DESIGN, COLOR By: Date: DD TD UMITATlONS DF THE PRINTING PRDCESS CDLDRS MAY WARY DN FINISHED PRDDDCT. \ -- <\J , " b QUJ061rudJ ~WJ~Uli"[j '"- C\J 1~'Q1 e;lt~i[Ern ~") -. .. - ... ~ l!' .:== r /I " _.;.' If ~TOYOTA = -= = b - - , ie CCHRYSLER is:> JeeR Eagle , b GD (l) , C\J N C\J ~MITSUBlSHI. . NISSAN VOLVO -i )tf I SIGNSBY ~ ~S1NCE1961 Irmd Empire (909)885....76 C_VOIey(760) 34H1370 . High 0es<rt(760)955-7446 F"", (909)888.2239 . E.M.t q_.com . .. InO PURCHASER: Cliff Cummin~5 PHONE #: 909-381-4444 NAME: Inland Empir~ Auto C~nter ADDRESS: San B~mardino REVlSIO'J DESCRIPTIC:>I\l REQUESTED BY DATE REVISED TINIE 1.!.~;;?_8 D$fjJ -..-. .. NOTE: The originelllrlpUbist'ted ~ was CreClted bt m is the sole property of QLieI Bros. ElectricStgnServk:e:Co.,Inc..Expecbngonttix:lu::tedexistir6T~&Wcx:xicutPrints. This d~ is submitted onty n comection Yvtth 8 project being pIGnned fcfyou Md Ihe b.lsiness you represented, Md is not to be exhibited to onyone outside )OlJ' Of9Mizl1bon or reprod.Jced,. or ccpied by tJrlyOle, unless euthorization is obtaned from".. officer of OuieIlros. Electric Sign Seniice: Co.,h::.,"\M'iting CaMP. mE: inland Empire Auto C~nter (00376-A).cdr IY\TE DRAWN: 6-28-00 SERVICE #: DRAWBY: Paul B JOB#: YIlESPERSON: Larrv Qui~1 DRAWING #: 00376-A ;;;),-I'1-0L *~1 . 4" .' .", OFFICE OF TIlE CITY CLERK RACHEL G. CLARK, CM.C. . CITY CLERK ,. P.O. Box 1318. San Bernardino. CA92402 300 North "d.. Street. San Bernardino. CA 92418-0001 909.384.5002' Fax: 909.384.5158 Business Registration ~ivision: 909.384.5302 Passport Acceptance Facility: 909.384.5128 www.cLsan-bernardino.ca.us February 22, 2002 Cliff Cummings, President Inland Empire Auto Center Association PMB 245 31441 Santa Margarita Parkway, Suite A Rancho Santa Margarita, CA 92668 Dear Mr. Cummings, At the Mayor and Common Council meeting of February 19, 2002, the City of San Bernardino adopted Resolution 2002-63 - Resolution authorizing the Mayor to execute an agreement to jointly fund and utilize an electronic reader board by and between the City of San Bernardino and Inland Empire Auto Center Association. 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 April 22, 2002. If you have any questions, please do not hesitate to contact me at (909)384-5002. Sincerely, . , ';: ..' ~.~ Michelle Taylor Senior Secretary Enclosure CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity. Accountability. Respect for Human Dignity. Honesty , '. ." OFFICE OF THE CITY CLERK RACHEL G. CLARK, C.M.C. - CITY CLERK 300 North "D" Street. San Bernardino' CA92418-0001 909.384.5002' Fax: 909.384.5158 www.cLsan.bernardino.ca.us " April 8, 2002 Cliff Cummings, President Inland Empire Auto Center Association PMB 245 31441 Santa Margarita Parkway, Suite A Rancho Santa Margarita, CA 92668 RE: Agreement to Jointly Fund and Utilize an Electronic Reader Board Dear Mr. Cummings, At the Mayor and Common Council meeting of February 19, 2002, the City of San Bernardino adopted Resolution 2002-63 - Resolution authorizing the Mayor to execute an agreement to jointly fund and utilize an electronic reader board by and between the City of San Bernardino and Inland Empire Auto Center Association. The original agreement was sent to you for signatures on February 22, 2002. Please return the executed agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San Bernardino, CA 92402. Please be advised that the resolution and agreement will be null and void if not executed by April 22, 2002. If you have any questions, please do not hesitate to contact me at (909) 384-5002. Thank you, ,1, .1 ( u2L t t (: c~<.. dj [.'-" Michelle Taylor Senior Secretary CITY OF SAN BERNARDINO AVOPTED SHARED VALUES: Iotegrity' Accountability' Respect for Human Dignity' Honesty . CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: April 23, 2002 TO: Teri Baker, Administrative Analyst II FROM: Michelle Taylor, Senior Secretary RE: Resolution 2002-63 - Electronic Reader Board CC: Finance Attached is a fully executed copy of the agreement with Inland Empire Auto Center Association to jointly fund and utilize an electronic reader board. The original agreement is on file in the City Clerk's Office. If you have any questions, please call me at ext. 3206. .., ~y ..... ." ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): 2- \ C] -D2.- Item # 2'1 Vote: Ayes 1-'1 Nays M-- Change to motion to amend original documents: Resolution # '2OOz -(c?, Abstain..G- Absent -tr Reso. # On Attachments: ~ Contract term: Note on Resolution of Attachment stored separately:-==--- Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY By: Null/Void After: (",0 D~ ,; 4- -0--62- Date Sent to Mayor: L' "2.0-02...- Date of Mayor's Signature: ,j-dO-o;} Date ofClerklCDC Signature: d-;Y;:>- a;l-. Reso. Log Updated: 1/ Seal Impressed: ~ Date Memo/Letter Sent for Signature: .6615ay Reminder Letter Sent on.Jlltlrday: 90 Day Reminder Letter Sent on 45th day: J-"Cl?-V ;;, .1\-8' -0 ?-. See Attached: / Date Returned: 4-.;l {}.-G~ See Attached: V'" (lOP~ I O€.\i,.. f!6 I"b1DJl..t-Itil See Attached: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (~85, 8234, 655, 92-389): Yes ./ No By - Yes No / By Yes No v' By - Yes No j/.. By Yes NO? B Copies Distribnted }D: City Attorney ~ Parks & Rec. Code Compliance Dev. Services EDA Finance r" Others: A-Dm I n . MIS Police Public Services Water Notes: 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: IW - Date: .I\-J-;>'-G?- Revised 01/12/01