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HomeMy WebLinkAboutCC AG PKT 2006-06-26 #S ) j`4,5 AGENDA REPORT A DATE: June 26, 2006, 4r .r TO: Honorable Mayor and City Council THRU: John B. Bahorski, City Manager FROM: June Yotsuya, Assistant City Manager SUBJECT: RENEWAL OF PARKING AGREEMENT BETWEEN CITY OF SEAL BEACH AND GRACE COMMUNITY CHURCH SUMMARY OF REQUEST: This Letter of Agreement is a renewal of the contract between the City of Seal Beach and Grace Community Church, 138 Eighth Street, for use of the Eighth Street City Hall permit parking lot by members of the Church. The City and the Church propose a one -year contract with three one - year periods of extension upon mutual agreement. DISCUSSION: Since 1995, the City of Seal Beach and Grace Community Church have signed a series of parking renewal agreements that have allowed the church to use the Eighth Street Municipal Parking permit lot on Sundays only from 8:00 a.m. to 1:00 p.m. From 1995 to 6/30/2003, the church paid $40 each for 37 parking permits for the lot. However, City parking fees increased over the years but the church parking agreement remained flat. Because of this situation, staff changed the agreement for 2003 -2004 to include an annual rate adjustment based on the CPI. In addition to providing use of the City permit lot, previous agreements also provided ten (10) guest permits at no cost for occasional use by church - designated visitors on a Monday through Sunday basis. In 2004, the parking agreement was modified to include a charge of $140 to reflect the current value of the ten permits. The existing renewal agreement is for a one -year period that commenced on July 1, 2005 and will expire on June 30, 2006. The agreement, as has been the practice in previous years, reflected an annual rate adjustment based on the current CPI as well as the current costs for ten (10) guest passes. The City and Church propose to continue the longstanding arrangement that permits the Church use of the City's Eighth Street lot for limited hours (8:00 a.m. to 1:00 p.m.) on Sunday as well as the purchase of ten (10) guest passes for use by Church - designated visitors on a Monday through AGENDA ITEM_ June 26, 2006 City Council Agenda Report — Parking Agreement between the City of Seal Beach and Grace Community Church Page 2 Sunday basis. The permits may also be used in the Eighth Street lot only on Saturday and Sunday of each week. The proposed Letter of Agreement has been modified slightly from previous years in that the terms of the renewal will be for a one -year period from July 1, 2006 to June 30, 2007 and will include the option to extend the agreement for three additional one -year periods upon mutual agreement between the City and the Church. In any event, the agreement will not extend beyond June 30, 2010. The Letter of Agreement preserves a yearly rent increase based on an annual CPI rate adjustment as well as the payment of passes at current City fee rates. But language has been added to clarify that the CPI adjustment used for each year will be the May CPI as computed by the US Dept of Labor Statistics -All Urban Consumers in the Los Angeles- Riverside -Orange County, CA areas. Parking privileges under this Agreement does not absolve the Church's responsibility to meet any current or future parking requirements required under the City's Municipal Code or General Plan provisions. If parking requirements for the Eighth Street Municipal parking lot or for the Church's required parking are changed or altered, the proposed agreement can be terminated upon sixty (60) days written notice by either party. FISCAL IMPACT: The City will receive $1,873.80 from the Church for use of public parking during the first year of this Letter of Agreement and will be adjusted annually according to the terms of this agreement. RECOMMENDATION: Staff recommends the City Council: 1. Approve the Letter of Agreement between the City of Seal Beach and Grace Community Church for use of public parking as defined in the Agreement; and 2. Direct the City Manager to execute the contract for a term of one -year from July 1, 2006 to June 30, 2007 with three one -year periods of extension. Submitted by: Ju � Yotsuy Assistant City Manager June 26, 2006 City Council Agenda Report — Parking Agreement between the City of Seal Beach and Grace Community Church Page 3 NOTED Ai APPROV.'' : ,4 p Jo ,:. Bahorski, City Manager Attachment: Letter of Agreement Resolution LETTER OF AGREEMENT FOR USE OF PUBLIC PARKING THIS AGREEMENT, made and entered into this day , 2006 by and between the CITY OF SEAL BEACH, hereinafter referred to as `CITY," and GRACE COMMUNITY CHURCH OF SEAL BEACH, hereinafter referred to as "CHURCH." WHEREAS, CITY is the owner of a municipal parking lot, located in the 100 block of Eighth Street within the boundaries of the City of Seal Beach. WHEREAS, CHURCH desires to use this lot as a location for parking of vehicles owned by CHURCH attendees. NOW, THEREFORE, the parties hereto mutually agree as follows: Section 1. CITY does hereby grant to CHURCH use of the parking property (lot) located in the 100 block of Eighth Street. This parking lot is to be used by attendees of the CHURCH for the purpose of parking their private vehicles during formal CHURCH services on each and every succeeding Sunday of each and every succeeding week during the term of this agreement. Section 2. The initial term of this agreement shall commence on July 1, 2006 and terminate on June 30, 2007. Section 3. The City Manager or his designated representative may extend the terms of this agreement for three one -year periods upon mutual agreement between the CITY and the CHURCH. In any event the term of this agreement shall not extend beyond June 30, 2010. Section 4. This agreement may be terminated by the CITY and /or the CHURCH effective upon sixty (60) days written notice if the parking requirements for the Eighth Street Municipal parking lot or for the CHURCH required parking under the City Municipal Code or General Plan provisions are changed for altered. Section 5. For each year of the agreement, the CHURCH shall pay to the CITY the current City fees for ten (10) guest permits for use by Church - designated visitors on a Monday through Sunday basis. The permits may also be used in the Eighth Street Municipal parking lot only on Saturday and Sunday of each week. Section 6. The CHURCH shall pay to the CITY an annual rent fee due and payable by July 1 of each year of this agreement for parking as defined in Section 7 and 8 of this agreement. Starting July 1, 2006 the annual fee shall be $1,733.80. On July 1 of each following year of this agreement, the rent fee is subject to an annual rate adjustment based on the twelve month percentage change in the May CPI as computed by the US Dept of Labor, Bureau of Labor Statistics- All Urban Consumers, Series Id: CUURA421 SAO, Not Seasonally Adjusted, for the Los Angeles- Riverside - Orange County, CA area, for All items, using the Base Period, 1982 -84 =100. Section 7. CHURCH attendees shall be allowed to park their vehicles at only the municipal parking lot located in the 100 block of Eighth Street, from 8:00 a.m., until 1:00 p.m., and only on Sunday of each week. Section 8. CHURCH attendees shall not park their vehicles adjacent to the retaining wall at the north end of the parking lot nor shall they occupy any of the parking spaces reserved exclusively for Orange County Fire Authority personnel. Section 9. CHURCH shall not sub -lease nor make any structural or design changes to the parking lot property in the 100 block of Eighth Street. Section 10. CITY anticipates that this parking lot will provide sufficient parking capacity for a minimum of thirty -seven (37) vehicles belonging to CHURCH attendees. However, CITY shall not indemnify CHURCH nor will CITY assume responsibility for providing additional parking capacity if, on occasion, this parking lot cannot accommodate thirty -seven (37) vehicles utilized by CHURCH attendees during the designated time and day of this agreement. Section 11. This agreement supersedes the July 1, 2005 -June 30, 2006 parking agreement between CITY and CHURCH. Section 12. Any disputes, which may arise between CITY and CHURCH during the term of this agreement, shall be resolved via informal meetings between the two parties. Section 13. During the term of this agreement, CHURCH attendees may park their vehicles in the Eighth Street Municipal parking lot with the understanding that existing parking ordinances will not be enforced during the designated time and day of this agreement. Section 14. Parking privileges provided under this agreement does not absolve Church's responsibility to meet any current or future parking requirements required under the City's Municipal Code or General Plan provisions. CITY OF SEAL BEACH By City Manager GRACE COMMUNITY CHURCH OF SEAL BEACH By Administrator ATTEST: City Clerk RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE LETTER OF AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND GRACE COMMUNITY CHURCH FOR USE OF PUBLIC PARKING The City Council of the City of Seal Beach hereby resolves as follows:, SECTION 1. The -City Council hereby approves the Letter of Agreement between the City-add Grace Community Church for use of public parking for a one -year period from July 1, 2005 to June 30, 2006 with authorization for three additional one -year extensions. lam SECTION 2. The City Manager shall execute the Agreement on behalf of the City. SECTION 3. The City Clerk shall certify to the passage and adoption of this resolution. PASSED, APPROVED and ADOPTED by the City Council of the City of Seal Beach at a regular meeting thereof held on the 26th day of June , 2006 by the following vote: AYES: Councilmember NOES: Councilmember ABSENT: Councilmember ABSTAIN: Councilmember Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach at a regular meeting thereof held on the 26th day of June , 2006. City Clerk