HomeMy WebLinkAbout03-City Manager
MAYOR & COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
MEETING BACKUP
MEETING DATE: June 20, 2006
DEPUTY: Linda Sutherland
ITEM NO. STATUS
2 Continued to June 29, 2006
3 Continued to June 29, 2006
,
<
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Fred Wilson, City Manager
Subject: RESOLUTION AUTHORIZING THE
MA YOR TO EXECUTE AMENDMENT NO.2 TO
THE LEASE BETWEEN THE CITY OF SAN
BERNARDINO AND THE SAN BERNARDINO
STAMPEDE. INC.
Dept: City Manager's Office
Date: June 13, 2006
MICC Meeting Date: June 19, 2006
Synopsis of Previous Council Action:
January 24, 2002 - Mayor and Council adopt Resolution 2002-29, authorizing an amendment to the lease
with the San Bernardino Stampede, Inc.,
June 1996 - Mayor and Council approve a lease with the San Bernardino Stampede, Inc., for the use of
the City's baseball stadium
Recommended Motion:
Adopt resolution
Contact person: Lori Sassoon; Lemuel Randolph Phone: 5122
Supporting data attached: staff report resolution Ward: 3
agreement
FUNDING REQUIREMENTS:
Amount: None
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes: t.?~'-<.<A ~j- ~ II, G/liarc,
0( ~ /0 (0
Agenda Item No. _ 3
STAFF REPORT
Subiect:
Resolution authorizing the Mayor to execute Amendment No.2 to the lease between the City of
San Bernardino and the San Bernardino Stampede, Inc.
Backe:round:
The City has had a lease with the San Bernardino Stampede (now the Inland Empire 66ers of San
Bernardino) for the use of the City's baseball stadium since 1996, when the stadium was first
constructed. In 2002, the lease was amended to revise some of the lease terms. and to
incorporate a partnership with Arrowhead Credit Union to rename the stadium Arrowhead Credit
Union Park.
Representatives from the City and the Team have agreed in principle that it is in the best interests
of both parties to reassign responsibility for playing field maintenance from the City to the Team.
Under the current lease, the City is responsible for groundskeeping and related functions, with
the City and the Team equally sharing the cost. The gross cost for salaries and benefits for
grounds keeping in FY 05-06 is anticipated to total $153,600, and is budgeted at $156,200 for FY
06-07. The Team's reimbursement to the City of its 50% of these costs is one of the subjects of
an ongoing dispute. For the last several years, the team has not paid the full 50% of these costs.
While the City's groundskeeper and crew have done an excellent job maintaining the fields, this
work requires very long hours during the baseball season, resulting in employee bum-out. The
incwnbent groundskeeper would like to return to the regular park maintenance functions, and
there are currently openings available to accommodate the full-time employees in that area. The
Team believes it can provide the same level of service at a lower cost, which will provide
savings for both.parties. The proposed lease amendment (attached) details the roles of the Team
and the City in greater detail.
The proposed lease amendment will assign the groundskeeping and other related functions to the
Team effective July 1,2006. The City will compensate the team $80,000 per year beginning in
this first year, with the amount escalating by 2% annually.
Financial impact:
The total budget for salaries and benefits for the stadium is estimated to be $156,200 in FY 06-
07. With the approval of this lease amendment, the budget can be amended to delete these
expenditures. Some maintenance and operations (M&O) savings will also be realized. The new
expenditure of $80,000 will be budgeted in Account No. 133-461-5505 to reflect the payment
that will be made to the Team in accordance with the lease amendment.
Revenues to the Stadium Fund, which were projected to total $ I 50,000, will also be reduced to
reflect the loss of the 50% reimbursement from the Team.
These actions will result no net impact to the Stadium Fund as follows:
Delete salarylbenefits costs: $156,200
Reduce misc. M&O costs: 2,000
Loss of 50% reimbursement: (78,100)
(estimated amount)
Payment to Team per lease amendment:
Net cost:
(80,000)
$ -0-
If the lease amendment is approved, the final FY 2006-07 Budget will be amended to reflect
these changes.
Recommendation:
Adopt resolution, and authorize the Director of Finance amend the final FY 06-07 Budget as
outlined in the staff report.
Strikethrough format 6-11-06
AMENDMENT TO LEASE
The Lease dated June 18, 1996. and amended on January 24. 2002, by and
between the City of San Bernardino (hereinafter referred to as "City") and San
Bernardino Stampede. Inc. (hereinafter referred to as "Tenant"). is hereby amended as
follows:
Section I.
follows:
5.40 Tenant shall use its best efforts to control the conduct, demeanor and
Section 5.04 of the Lease IS hereby amended to now read as
appearance of its officers, agents, employees, representatives, customers, guests, invitees,
contractors and others doing business with it upon the premises. For events which Tenant
is responsible, Tenant shall have employees at the Stadium capable of communicating
instructions to persons occupying the Stadium during events provided for in this Lease and
to reasonably offer safety directions to those occupants, including, but not limited to, the
direction of an evacuation in the event of emergency. 7~'nWl1 \hall hi! rc:.'sIU)1/\/h/c: Ii)!"
gl'ol!l1dskl'lpin:.!. on u year-round basis... using cml,Iu)'.:dsJ aI/dol' ('oll!r(/clor(S) (IWi pre
under the ,Iircct supervision of the ,lenanl and shall be experienced in the care and.
maintenance of professional baseball fields. Tenant .,h,,1/ assure that professional
standards are maintained. .TlIl' CifY agrees 10 ('1'l'dir Tcnalll S80,()()f) Wl1lUll/~l' negiwlillg
~rifh rl1(' 200n ,\('(JWn. dl1d il1crt!wing hy lOt! aJ/Jllwl~r tlh'r('t!ticr. in n't'oglliri/JIT /{ /he
\'ol1/i..' (~rthi.' prrn'/\iotl o(grol1lldskccping .\l'n:icl'.\' hy thl' Tenant.
Section 2.
Section 21.0 of the Lease is hereby amended to now read as
follows:
21.0 Except as specifically provided in lhis .\'l:dirm or in subsection 21.03
below, City shall, at its sole cost and expense and at all times, keep the Stadium and
every part thereof in good order, condition and repair, structural and non-structural
whether or not such portion of the Stadium is requiring repair, or the means of repairing
the same, are reasonably or readily accessible to City, and whether or not the need for
such repairs occurs as a result of Tenant's use, any prior use. the elements or the age of
such portion of the premises. Said maintenance and repair shall be at a level which
. Deleted: (If)' and Tenant agrees to
equally pronde fundmg for ["'.0 grounds-
keepcn, appro\ed by both City and
Tenanl, on a full-time equl\'alenl,
.; Deleted:.
; Deleted: Said groundskeepcrs shall be
" City employees
, Deleted: genera]
~
. Deleted: (ily
, Deleted: and Cil)' shall coopcrale in the'
cbrecllon and supcf"\,sion of the
>-~dskecpcnlo
Deleted: The hlnng oflhc
~oundskeepcrs shall be underslood 10 be
appro,umalely S~2.000 In nlue for each
groundslu:epcr
satisfies the standards for Class A professional baseball facilities imposed by Major
League Baseball, the National Association and the California League, and any successors
thereto, local building codes and ordinances, and any changes which may occur in any of
those from time to time. Without limiting the generality of the foregoing, Ulr ,/1,,11
f!1cJinfuin .all equipment or facilities serving the Stadium, such as plumbing, heating. air
conditioning, ventilating, electrical, lighting facilities, fire sprinkler andlor standpipe and
hose or other automatic fire extinguishing system, including fire alarm and/or smoke
detection systems and equipment, fire hydrants, fixtures. wall (interior and exterior), .
sound system, foundations, ceilings, roofs, floors, windows, doors, plate glass, skylights,
drh'l'\1'dYS. parking IOls. /i_'ncl~s. rl'laining walls. signs, sid..:wul/..s and park\l't~FS !occlfed
in, 01/, ahoU/, or ai.(itf(\~I1f to the SllldiUlll. Tenant .,/101/ he J"i.'s{lrUlsihl..: /;/r nWil1h'IIW/CC
and rcpcJir oflhc l1IoyiJ/g.fidd. dugouts. /lOCkS/III}, sradium set/Is, o//(! landscaping" eil)
a;.:n.:l'\ 10 IIt'go/iurL' \\"ill1 Tl'lIdnf (or 111(' US'..' (){gr()umAkl~C:l'inR equipment fJwlh~d hy rh..'
('ily. eilher hy IJllrc:hdst.' fir Icase tit a I"l'(lsunuMc nlle wi,h Ihe uption 10 pf/relw.\l'. City
shall provide a 24 hour "on call" maintenance representative seven days per week.
Section 21.02 of the Lease is hereby amended to now read as
Section 3.
follows:
21.02 ,Tenant shall ,proyide routine maintenance after baseball events, as follows:
Tenant shall remove debris from seats, walkways, grandstand and bleachers, office space,
and ticket boathy Tilt! Tenant shall c/c(/n puhlh: /'l!s(l'oon/\". rr.!f11on' ddwis ii'om the
playing field (lod padifl}.: luls. llnd nwimaill landscaping including play ill>! jie'"
mainh'JwlIce. gl'OWWS keeping und lillillg ond p"l~paruli()lI l~r Ihe Jidd .Ii1r plil}" ny
prrlj(Jssionu/(F truined gl'olU/(b/.;l\~/)(.:r. The City shal~ clean parking lots..Jlnd make repairs
required for operation of the Stadium such as repair of asphalt surface, irrigation system
repairs, plumbing repairs, electrical repairs and painting for cosmetic purposes.
2
Deleted: maintenanee and repair shall
include the playilll! field. dugouts.
. Deleted: scoreboard
De~ed: backslOp.
. Deleted: dri\eways. parking locs,
fences. retaining walls, sil!1ts. sidewalh
and parkways located in. on. about, or
adjacentlotheStadiwn
. " Deleted: City and
i Deletecl:jointly
: Deleted: Sw;h debris shall be bagged
and placed by T enanl in a centrallocalion
forCityeolleclion
. Deh!ted: rcmo\'e debns from the
playing field and parlJng 100s
Deh!ted: and public restrooms.
. Deleted: mainlain landseaping,
including playing field mainlenance.
grounds k<<ping and lining and
preparalion of the field for play by
professionally Iramed groundskeeper.
""'"
DATED:
APPROVED AS TO FORM:
James F. Penman
City Anomey
DATED:
AMENDMENT TO LEASE
,2006
,2006
CITY OF SAN BERNARDINO
By:
Mayor Patrick J. Morris
A TIEST:
Rachel Clark, City Clerk
SAN BERNARDINO STAMPEDE, INC.
By:
Name:
Title:
3
1
2
3
4
5
6
7
8
9
10
11
RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MA YOR TO EXECUTE
AMENDMENT NO. 2 TO THE LEASE BETWEEN THE CITY OF SAN
BERNARDINO AND THE SAN BERNARDINO STAMPEDE, INC.
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 Amendment No.2 to the Lease between the City of
San Bernardino and the San Bernardino Stampede, Inc" a copy of which is attached hereto,
marked Exhibit "A" and incorporated herein by reference as though fully set forth at length.
12 SECTION 2. The authorization to execute the above referenced agreement IS
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage
of this resolution.
III
III
III
III
III
III
III
III
III
III
III
t:r /;
I I I
/' .J'I ,;
, I I
.. ( i!
,
I()(
.~ f
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE
AMENDMENT NO. 2 TO THE LEASE BETWEEN THE CITY OF SAN
BERNARDINO AND THE SAN BERNARDINO STAMPEDE, INC.
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
, 2006, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
BAXTER
MCGINNIS
DERRY
KELLEY
JOHNSON
MC CAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of
2006.
Patrick J. Morris, Mayor
City of San Bernardino
24 Approved as to
Form:
25
26 JAMES F. PENMAN,
City Attorney
27 By:
28