HomeMy WebLinkAbout16-Parks and Recreation
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Annie F, Ramos, Director
Subject: RESOLUTION OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AMENDED
AGREEMENT WITH THE COUNTY OF SAN
BERNARDINO RELATING TO THE JOINT
USE OF THE MILL COMMUNITY CENTER
UNTIL DECEMBER 31, 2008.
Dept: Parks, Recreation &
Community Services Dept.
Date: April 1 0, 2001
MIce Meeting Date: May 21, 2001
Synopsis of Previous Council Action:
August 16,1993 Council adopted Resolution 93-313, authorizing and executing an
agreement with the County relating to the joint use of Mill
Community Center and repealing Resolution 93-148.
May 24, 1993 Council adopted Resolution 93-148 authorizing an agreement for
joint use of Mill Community Center and repealing Resolution 91-
480.
Dec. 2, 1991 Council adopted Resolution 91-480 authorizing and executing a
joint use agreement of Mill Community Center.
Nov. 15, 1976 Council adopted Resolution 12602 authorizing the execution of an
agreement with the County relating to the joint use of Mill
Community Center.
Feb. 22,1972 Council adopted Resolution 10968 relating to the joint use of Mill
Community Center.
Recommended Motion:
Adopt Resolution
~7.~~'
Signature
Contact person: John A. Kramer
Phone' 384-5031
Supporting data attached:Staff Report. Reso & Agreement Ward: 1
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.)
(A"d n..""riptinn)
Finance:
Council Notes:
Agenda Item No. --14
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subiect:
Resolution of the City of San Bernardino authorizing the execution of an amended agreement
with the County of San Bernardino relating to the joint use of the Mill Community Center until
December 31, 2008.
Backt!:round:
The City of San Bernardino and the County of San Bernardino have had an agreement relating to
the joint use of Mill Community Center since 1972. The facility was jointly purchased by City
and County for the purpose of providing recreational and community service programs. The
City utilizes its portions of the facility to operate Mill Community Center, providing recreational,
leisure, and community service programs. The County utilizes its portions of the property to
operate a Headstart program.
The use agreement has been modified over the years to either extend the term of the agreement
or to modify the areas of use between the two agencies. The substitute agreement being
proposed contains several noteworthy provisions. The County will assume use of three (3)
classrooms in the "c" wing. In exchange for the three (3) classrooms, the County, at their cost,
will renovate the "C" wing public restrooms to meet Americans with Disabilities Act standards.
The County will pay 59.5 percent of utilities and maintenance costs. The City will pay 40.5
percent of costs. These percentages are based on the actual square footage used by each agency.
Previous agreements did not identify actual percentages but required respective agencies to pay
utility and maintenance costs based on their percentage of use. This was to be determined within
30 days of the approval of the agreement and adjusted quarterly.
The County will also assume 50 percent of all grounds maintenance and equipment
maintenance costs. Previous agreements required reimbursement of grounds maintenance and
equipment maintenance costs" resulting from use of any portion of said property." The county
was not billed under this provision because they did not utilize the open park area. In the
negotiations of this agreement, the county agreed to assume half of the costs as co-owners,
regardless of the extent of use. Equipment is understood to mean park equipment such as play
apparatus, picnic tables or drinking fountains. Grounds and equipment costs are currently being
determined. The term of this agreement is for approximately six and half years, terminating on
December 31, 2008.
Financial Imnact:
Operating costs for Mill Community Center are established in the general fund budgets of the
Parks, Recreation and Community Services Department and Facilities Management Department.
The County's prorated share is approximately $22,000. There are no additional costs to the City.
Recommendation:
Adopt Resolution.
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1
RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AMENDED AGREEMENT WITH THE COUNTY OF SAN
3 BERNARDINO RELATING TO THE JOINT USE OF THE MILL COMMUNITY
CENTER UNTIL DECEMBER 31, 2008,
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4
5
6 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
7
8
9 authorized and directed to execute on behalf of said City an Amended Agreement with the
10
County of San Bernardino relating to the joint operation of the Mill Community Center, a copy
11
12
13 though set forth at length.
14 SECTION 2. The authorization granted hereunder shall expire and be void and of no
15 further effect if the Amended Agreement is not executed by both parties and returned to the
office of the City Clerk within one hundred twenty (120) days following effective date of the
16
resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
SECTION 1. The Mayor of the City of San Bernardino or her designee is hereby
of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as
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18 II
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20 II
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21 II
22 II
23 II
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24 II
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28 II
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
1 EXECUTION OF AN AMENDED AGREEMENT WITH THE COUNTY OF SAN
BERNARDINO RELATING TO THE JOINT USE OF THE MILL COMMUNITY
2 CENTER UNTIL DECEMBER 31, 2008,
3
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
4 and Common Council of the City of San Bernardino at a
5 thereof, held on the
6 wit:
day of
Meeting,
, 2001, by the following vote to
7 COUNCIL MEMBERS
8
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
9 LIEN
10
MC G1NN1S
(:
11 SCHNETZ
12 SUAREZ
13 DEAN-ANDERSON
14 MC CAMMACK
15
16
17
18
19
20
21
22
23
24
25
26
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28
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
day of
, 2001.
JUDITH VALLES, MAYOR
City of San Bernardino
pproved as to form
d Legal content:
r t. P..
4-10-01 dlb -Reso. Mill Community Center
825 East Third Street . San Bernardino, CA 92415-0832 . Fax (909) 387-7833
Administration (909) 387-7813
Properly Management (909) 387-783217825
Right-ot-Way (909) 387-7829/7843
COUNTY OF SAN BERNARDINO
INTERNAL SERVICES GROUP
REAL ESTATE SERVICES DIVISION
May 7, 2001
Mr. John Kramer
547 N. Sierra Way
San Bernardino, CA 92410
Dear Mr. Kramer:
Re: San Bernardino - Mill Commnnity Center and Park - 503 E, Central Avenue
Lease Agreement No, 93-936 A-I
Enclosed is an original and fifteen (15) copies of the lease amendment on the above-referenced
property.
Please review the amendment, and if it meets with the City of San Bernardino's approval, sign,
date and return the original and fourteen (14) copies to me for processing by the approving
authority. Retain one (1) copy for your file. Upon approval, eight (8) fully executed copies will
be provided.
IfI can be of any assistance, please call me at (909) 387-8292.
Sincerely,
~~
U~?.; Miller
Real Property Agent
JTM:mm
Enclosures
cc: Roberta York, PSD
SL-8
Supon.ds<),s
DENNIS HANSBEcq(:!::'{
MII<f:LS Second Ois!r;d FRED AGU!AR '
JH1RY EAVES Filth
03-28-2002 11:33
FrOll-COImTY OF SMO REALSTATE +S093877833 T-m P.002l006 HIS
Ktl'UK1/1 ..U....t:nUAI1Un IU I"t lWAIl" . 01' SUPfRVISORS
Or"SAN BERNARDINO COUNTY, a.dFORNIA
AND RECORD OF ACTION
~ Agreement 93-936 A-1
REVISED MINUTeS
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June 5, 2001
FROM:
JOHN YUHAS, Real property Manager
Real Estate Services
ROBERTA YORK, Director
Preschool Services Department
SUBJECT: LEASE AMENDMENT WITH THE CITY OF SAN BERNARDINO AND
PURCHASE ORDER FOR RENOVATION OF RESTROOMS AT SAN
BERNARDINO PRESCHOOL SERVICES DEPARTMENT (PSD), MILL
COMMUNITY CENTER
RECOMMENDATION;
1. Approve Amendment No. 1 to lease Agreement No. 93-936, wherein the City and County
jointly purchased and jointly own certain real property now known as Mill Community Center
that increases the Preschool Services Department (PSD) offleeIclassroom space from 14,194
square feet to 15,311 square feet
2. Authorize the Purchasing Agent 10 issue a purchase order for $44,655 to D. Bruce Watson
Construction for renovation of two (2) restrooms at the Mill Community Center.
BACKGROUND INFORMATION; On September 21, 1993, the Board of Supervisors approved
Resolution No. 93-313 (Lease Agreement No. 93-936). The Agreement was for property jointly
purchased by the County of San Bemardino and the City of San Bernardino that was utilized by
PSD's Headstart program, The Mill Community Center and neighborhood park were developed
for recreational and community service programs for the benefit of the resident5 of the City and
County.
Human Services System (HSS) requested Real Estate Services (RES) to prepare and proceS5 a
Lease Amendment with the City of San Bemardino specifying the changes to the Agreement
outlining PSD's new percentage of occupancy (59.9%) of building area. The additional space
was provided to the County in eXChange for renovating the public restrooms in the building. The
City also reduced the County's responsibility for all of the ground maintenance reimbursement to
fifty percent (50%). It is anticipated that minimal COst5, if any, will result from these changes.
The termination date of December 31. 2008 will remain the same.
The renovation cost associated with the restrooms is $44,655 and was obtained via it competitive
bid process. HSS staff obtained bld5 from three qualified vendors for the work to be performed.
The three vendors that were requested to submit bids were Parkwest Construction Company,
Avila Builders Construction, and D. Bruce Watson Construction. The lowest bid was selected.
ecord 0 . n 0 the Board of Supet\l.sors
AGRI!eMENT 93-938 A-1
APPROVE SUPERVISORS
COU RDINO
o'f" :''/>O
. ~
cc:
RES-Yuhas w/lIjll'Oement
C01lVUtOr w/8 agreementS
c/o RES
Preschool Setvic~s Dep8Itlllenl
wlagreement
ISG
HSS
^uditor WI~ODt
SBD w/agreanenl
File w/agreement
ITEM 0&1
MOTION
Move
-r
SIi:
03-28-2002
11:34 From-COUNTY OF BONO REAL STATE +8083877833 T-766 P.003/006 F-318
gUI'\nl.l vr oU~I;"Y .11'\"
Leue Amendment ~ The City Of San Bernardino And'-'lrchaae Order For Renovation
Of Restroom. at San Bernardino Preschool Services Department (PSD). Mill Community
Center
., June 5, 2001
Page Two
Approval of this agenda item will authorize the Purchasing Agent to issue a Purchase Order to D.
Bruce Wa150n Construction to renovate the pUblic restrooms.
REVIEW BY OTHERS: This agenda item has been reviewed by HSS Administration, the County
Administrative Office (Administrative Analyst Lynn Chacon), and approved as to legal form by
Chief Deputy County Counsel Rex Hinesley on May 2, 2001. This item hl$ also been
coordinated for procurement with the PUrchaSing Department.
FINANCIAL IMPACT: Appropriations of $44,655 for the renovation of the public restrooms for
the Mill Community Center are included in PSD's FY 2000/01 Budget. PSD expenditures for the
renovation are 100% federally funded. Minimal costs, if any, are projected for the lease
Amendment. No additional general fund support is requested as a result of this action.
SUPERVISORIAL DISTRICT(S): Fifth
PRESENTER: John Yuhas
JM: 7-8292
mm: 7-7825
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E New
M X Change
X Cancel
County Department
Real Estate Services
County Department Contract Representative
John Yuhas, Real Pro e Mana er
Fund Dept. Organization Appr.
FOR COUNTY USE ONL Y
Vendor Code Dept.
c
Dept.
Orgn.
93-936 A-I
Contractor's License No.
County of San Bernardino
FAS
STANDARD CONTRACT
Ph. Ext.
7-7832
ObVRev Source
Amount of Contract
Commodity Code
Activity GRC/PROJ/JOB Number
51N31039
Estimated Payment Total by Fiscal Year
Amount I/O FY Amount
FY
/0
FIRST AMENDMENT
Project Name
SAN BERNARDINO -
Mill Community Center and
Park
THIS CONTRACT is entered into in the State of California by and between the County of San Bemardino, hereinafter
called the County, and
Name
City of San Bernardino as Joint Tenants
Address
547 N. Sierra Way
hereinafter called
City
San Bernardino, CA 92410
Phone Birth Date
(lOqderallD No. or Social Security No.
Ifr1s HEREBY AGREED AS FOLLOWS:
(Use space below and additional bond sheets. Sat forth sarvice to be rendered, amount to be paid, manner 0/ payment, time for performance or
completion, detenn/naffon of saffsfactOty performance and ceusa for tenn/nation, other tenns and conditions, and attach plans, specifications, end
addenda, if any.)
WHEREAS, the County and the City have previously entered into an agreement, City Resolution No.
93-313 (also known as County Contract No. 93-936), the "Agreement", wherein City and County jointly
purchased and jointly own certain real property now known as Mill Community Center; and,
WHEREAS, the County and City now desire to amend the Agreement.
NOW, THEREFORE, in consideration of mutual covenants and conditions, the parties hereto agree the
Agreement, City Resolution No. 93-313 (County Contract No. 93-936), is hereby amended as follows:
1. DELETE that portion of Paragraph 5 which says" County and/or its agents shall have the right of
first use of all areas marked in red on Exhibit "I", attached hereto and incorporated herein by reference as
, though set forth in full and at length...." and REPLACE it with "County and/or its agents shall have the right
of first use of fifty-nine and one-half percent (59.5%) of the building spaces marked as County on Exhibit" A" ,
attached hereto and incorporated herein by reference as though set forth in full and at length. As consideration
for the renovation of the public restrooms located at the west end of Unit "C" as set forth on the attached
Exhibit "B", County will have exclusive use of rooms 2, 3, and 4 in Unit "C," set forth on Exhibit "A"
<>ttached hereto."
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2. DELETE that portion of Paragraph 6 which says "Such reimbursement shall be by multiplying
the total costs thereof by a percentage computed..." and REPLACE it with "Such reimbursement shall be
computed by multiplying the total costs thereof by fifty-nine and one-half (59.5%) which is the percentage
computed. "
Page 1 of2
3. DELETE that portion of Paragraph 7 which say "...reimburse City for all ground
.!!laintenance..." and REPLACE it with".. .reimburse City for half (50%) of all ground maintenance...".
/
\_ 4.
Paragraph 8:
DELETE the existing Paragraph 8 and SUBSTITUTE therefore the following as a new
8. City shall prepare and submit to County on a quarterly basis, a statement of costs
chargeable to County pursuant to the provisions of Paragraphs 6 and 7 hereof for the preceding
quarter. Upon receipt of this statement of charges from City, County shall, in a timely manner,
pay to City all sums due.
5. DELETE the existing Paragraph 9, and SUBSTITUTE therefore the following as a new
Paragraph 9:
9. The term of this agreement shall commence upon execution by both parties and end on
December 31,2008.
6. All other provisions and terms of the Agreement, City Resolution No. 93-313 (County Contract
No. 93-313) shall remain the same and are hereby incorporated by this reference.
END OF FIRST AMENDMENT.
('-' )UNTY OF SAN BERNARDINO
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CITY OF SAN BERNARDINO:
~
Fred Aguiar, Chairman, Board of Supervisors
By ~
Mayor
Dated:
Dated:
SIGNED AND CERTIFIED THAT A COpy OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD
Clerk of the Board of Supervisors
of the County of San Bernardino.
Attest:
By:
City Clerk
By
Dated:
Deputy
Approved as to form and legal content:
By: ~ f, ~''81 _
C' City Attomey
Dated:
Address:
Revtewed by Contract Compliance
Reviewed for Processing
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County Co
Dele J- -c7/
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Agency AdmlnlstralOr/CAO
Dale
Dele
Page 2 of2
CITY CLERK'S OmCE
RACHEL G. CLARK, CM.C. . CITY CLERK
0"
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.cLsan-bernardino.ca.us
May 29, 2001
Jim T. Miller
Real Property Agent
County of San Bernardino
825 East Third Street
San Bernardino, CA 92415-0832
Dear Mr. Miller,
At the Mayor and Common Council meeting of May 21, 2001, the City of San Bernardino
adopted Resolution 2001-111 - Resolution authorizing the execution of an amended agreement
with the County of San Bernardino relating to the joint use of the Mill Community Center until
December 31,2008.
Enclosed is one (I) original agreement and fourteen (14) copies. It is my understanding that
upon approval, eight (8) fully executed copies will be sent to me.
Please be advised that the resolution and agreement will be null and void if not executed
within 120 days, or by September 18, 2001.
If you have any questions, please do not hesitate to contact me at (909)384-5002.
Sincerely,
L/1tA.('j..LJ!i..,,,-j,, (G-__,
Michelle Taylor U
Senior Secretary
Enclosure
cc: John A. Kramer, Parks, Recreation and Community Services
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
oM
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
September 6, 2001
Jim T. Miller
Real Property Agent
County of San Bernardino
825 East Third Street
San Bernardino, CA 92415-0832
Dear Mr. Miller,
At the Mayor and Common Council meeting of May 21, 2001, the City of San Bernardino
adopted R~solution 2001-111 - Resolution authorizing the execution of an amended agreement
with the County of San Bernardino relating to the joint use of the Mill Community Center until
December 31, 2008.
On May 29, 2001, one (I) original agreement and fourteen (14) copies were mailed to you; with
the understanding that eight (8) fully executed copies would be returned to me. As of the above
date, the City Clerk's Office has not received the executed documents. Please return the
executed agreements to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San
Bernardino, CA 92402, as soon as possible.
The resolution and agreement will be null and void if not executed by September 18,2001.
If you have any questions, please do not hesitate to contact me at (909) 384-5002.
Thank you,
;, ",
Michelle Taylor
Senior Secretary
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Dignity' Honesty
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; East Tbird Slreel . SiR Bernardino, CA 92.15-0832 . Fu (909)311-1833
ministration (901) 381.1813
.perry Managemeat (909) 387-7832/1825
Ibl.ol-Way (909) 387-782917M3
COUllTY OF SAN BtRNARDlNO
INTERNAL SElIVltES GROUP
" EA( ESTATE SERVICES DEPARTMENT
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 6-2 \"'0\ Item # 11.0 Resolution # 'ZCO I - \ \ \
Vote: Ayes 1-, Nays -b- Abstain B- Absent-€"l
Change to motion to amend original documents:
Reso. # On Attachments: L- Contract term: -
Note on Resolution of Attachment stored separately: .=.--
Direct City Clerk to (circle 1): PUBLISH, POST, RECORD WICOUNTY
Date Sent to Mayor: 5- ZsCl\
Date of Mayor's Signature: .s- .;15-0\
Date of ClerklCDC Signature: ,"). ;;l';-O \
NullNoid After: IGO OA"j ~ } q -I ~-() I
,
By: -
Reso. Log Updated:
Seal Impressed:
V'"
V
Date MemolLetter Sent for Signature: 5 - ~q.-O ,
60 Day Reminder Letter Sent ~..uJ9tIrOay: 9 - Co- 0 I
90 Day Reminder Letter Sent on 45th day:
See Attached:'/ Date Returned: 3-.;;lli'-o.;;l-
See Attached: ~
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 (3985, 8234, 655, 92-389):
Copies Distributed to:
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Code Compliance
Dev. Services
City Attorney
Parks & Rec.
Police Public Services
Water
Notes:
Yes / No By
Yes No ./ By
Yes No-L By
Yes No -7':y
Yes No _ By
EDA
Finance
MIS
Others:
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: .m:t::-
Date: ,.:s-~X--o~
Revised 0111210 I