HomeMy WebLinkAboutState of CA Judicial Council of CA Parking Permit Agmtcty *T
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r�14 REPORT TO THE CITY COUNCIL
DATE: Juni
FROM: PATRICK WIEMILLER, Director
Public Works Department
AGENDA REM NO.
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BY: DEL ESTABROOKE, Parking Manager de
Pudic WorkyParking Services Division
SUBJECT: ADOPT A FINDING OF CATEGORICAL EXEMPTION PURSUANT TO ARTICLE 19,
SECTION 15301 CLASS 1 (EXISTING FACILITY) OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT GUIDELINES FOR THE PARKING PERMIT
AGREEMENT WITH THE JUDICIAL COUNCIL OF CALIFORNIA ADMINISTRATIVE
OFFICE OF THE COURTS AND APPROVE SAID PARKING AGREEMENT.
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RECOMMENOATION
San recommends:
1. Adopting CEQA Categorical Exemption pursuant to Article 19, Section 15301 /Class 1 (Eddmg
Facility) for the Parking Permit Agreement 1h the JMicial Council of California Admiratrative
Offine of the Courts.
2. Approving the Parking Permit Agreement with the Judicial Council of California Administrative Office of
live Courts to Provide juror parking in city awned and operated parking fadhoes. The Agreement provides a
maximum of two -hundred and fon (240) parking stalls forju or uss. TM1e vice d each parking ea9 will be
$33,00 par month.
EXECUTIVE SUMMARY
The Parking Services Division provides parking spaces in the downtown area in metered earle.
garages and parkin M. Pending Services has previously, contracted v.11h the County of Fresno to
provideparkingforjume TheJMicial Councildthe Calffomia Administrative OFmdae Courts
has been assuming management practices from gra County court system to Inc um providing juror
parking. The Federal Courthouse formerly kMwm as the Sisk Building a being nersy ed. Once this
Wilding is open the Stale ll assume overall management of jury Parking for the three (3)courts gat
are located dmarlovei The juror pakirg will be located M the City of Fresno testing lot located! M H
St. and Kern St. Mjacerd a Chukchansi Park.
BACKGROUND
For the last several years Parking Services has contracted 1h the County of Fresno a provide juror
parking stalls in IM1a parking Id locaad adjacent to Chukchansi Park. Each prospective juror is mancl
along with their summons a map of the central making location lorlwors. Once key arrive at Ne parking
W they are then s Wu to aM from tin mune. The courts indW the munhu located at Tulare ark
M Streea while the s mud is located Tudumne aM N Strada. In January2011, reravations lathe
tamer Sisk Building lasted of system.
Street Fresno Street will be completed, The raiding will reopen x
partdtll9 rax Sale oparetesystem.em. Thehe Agreement streamlines juror making for all Mree buildings
REPORT TO THE CITY COUNCIL
ADOPT A FINDING OF CATEGORICAL EXEMPTION PURSUANT TO ARTICLE 19, SECTION
15301 CLASS 1 (EXISTING FACILITY) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
GUIDELINES FOR THE PARKING PERMIT AGREEMENT WITH THE JUDICIAL COUNCIL OF
CALIFORNIA ADMINISTRATIVE OFFICE OF THE COURTS AND APPROVE SAID
AGREEMENT.
June 3, 2010
Page 2
making h easy far those c mens selected fujary. Use of a single lot also makes parking management
efforts easier. This Agreement provgea parking Monday through Friday, from SAM uinl 630PM. in Cie
designated! lot The price for parking in the lot will ba and by Cro State. The Agreement will commence
once all parties have signed for approval. The initial turn will non through June 30.2012 and Mere will be
two (2) one year extensions available. For the Initial Agreement tenn Ne price per stall will be W&W par
month, edged to an annual CPI adjustment.
CERA FINDING
Staff has pedomrod a preliminary environmental assessment d this project and has catermineE that it
falls within the Class 1 Categorical Exemptions set bath in Calffornu Environmental Quality Ad (CEPA)
Guiddines(Exishng Facilities), as this Agreement involves no or minor alterdions of existing parking
facilities with no or negpglble mansion of use, and would not result in any signffmant negative effects
relaNg to traffic, roses, air quality or water qualay. None of the exception M Categorical Exemptions
W foM in the CEQA Guidelines, section 15308.2 apply to this project.
FISCAL IMPACT
Tiro anent a regiment provides approximately $88,000 in yeady parking revenue. The new
Agreement will provide approximately $85,000 in yearly revenue, an Increase d approximately
$9,000.
�o
Judicial Council of California
"
Administrative Once of the Courts
Office of Court Construction and Management
455 Golden Gate Avenue, San Francisco, CA 94102-3688
PARKING. PERMIT AGREEMENT
This Agreement ("Agreement") is entered into as of the Commencement Date (defined
below), between the CITY OF FRESNO. a municipal corpomfion (`CITY'), and the Judicial
Cannell of Cali forma, Adminislmtive Office of the Courts ("AOC'), for the benefit of the
Superior Court of Celifmia Fresno County ("COURr'). In this Al moment, the AOC and
CITY are somemors individually referred to as a Tari and together referred to as the
"Parties".
L RRect-e Date of Agreement. For purposes of this Agreement, "Effective Date
shall date thaz CITY ,hg,e this Agreement following City limn:" approval thereof,
which shall be after AOC signs it.
2. Commencement Date. This Agreement shall commence as ot'[ iwnr_1, L41dI
("Commencement Date") and end on lune 30, 2012, ("hdfiel Tenn") subject to earlier
termination in accordance with this Agreement. The Initial Term may be extended by mutual
agreement of the Panics, in writing, for no more than two (2) additional one year periods, on the
me terms and conditions asset f rth in this Agreement except as to monthly rates. The Party
seeking to extend this Agreement under the terms and conditions contained herein shall provide
written notice to the other Party a minimum of sixty (b0) days prior m expiration of the then
current tern of this Agreement. Before any extension is approved by the Parties, monthly razes
shell be subj i to renegotiation, to reflect increases in public facility parking fees.
3, Purpmeof Agreement. The purmseafthis Agreement is to allow the AOC to
use the Promises solely for the specific public purpose described in section 4 of this Agreement,
and far no other purpose whatsoever, subject to the terms, conditions, and continuum act forth in
this Agreement.
1. Premises: ConnlHon and Terms of Um.
4.1. Premises. For purposes of this Agreement "Premises" shall mean the
Stadium Lot located at the southeast comer of -H` and Kern Streets in downtown Fresno, which
is owned by CITY - and which is shown on Exhibit "A", attached hereto and incorporated herein
by this mlircnce.
62. Hours of Use. Doting the hours of 6:00 a.m. to 6:30 p.m., Monday
through Friday, except Holidays, CITY will permit AOC to aril ixe a total of 240 reserved
parking spaces for jury parking farjumrs troth the COURT, it.. the north and of the Stadium Int.
AOC may utilize additional spaces ("Additional Spaces') in the stadium Lot for juror parking
beginning on the first of any month during this Agremme. provided AOC (i) gives CITY at
A-1
least 6urleen (14) calendar days prior written notice of the number of spaces required for the
juor parking and the month such spaces will first be needed, and (u) pays the monthly rate per
:Additional Space as provided in Section ] of this Agreement AOC may cancel its use of any
such Additional Spaces (those exceeding the 24U reservd parking spaces) beginning on the first
of any month during the term of this Agreement, provided AOC gives CITY at (cast fonnern
1141 calendar days prior written notice of the number of spaces and the month such spaces will
no longer be required by AOC.
43. Interfamily deux d.
4.4. Parkma Pass. Entry and pukingbyjurors inthe Stadium Cot shall be
Subject to presenting Cl' 's attendant forest, the Superior Cbm monsw es to appear forjury,
duty on that day at the Fresno County Commuse loeatd in downtown Fresno. or other
document that is acceptable to the CITY'S Puhlw Works Parking Muraeger. Upon such
presentation, CITY's attendant will issue a parking pass to such juror for that day.
4.5. Cough . AOC and its officials,. employes, invitees and agents shall
use the puking spaces for parking of vehicles in accordanw with all applicable laws, ordinances,
rules and regulations applicable to the Stadium Lot, cnactd Or pmmulgmal by any public or
governments] authority or agency having jurisdiction over the Stadium Lot, as amended firm
time to time, incorporated herein, firm: i+_d :r. AOC. Any charge ie the above rules or
regulations scall tic provided to AOC in writing.
4.6. "Holidays"defined. For puryves of this Agreement, "Holidays"shall
mean New Years Day, Washington's Birthday. Lincoln's Birthday, Memorial Day,
Independence Day. Labor Day, Veterans' Day. Thanksgiving Day and the Friday immediately
following, and Christmas Day.
5. Permamnt or Temporary Relaxation of Parking Spaces. At any time, upon at
least thirty (30) calendar days notice to AOC. CITY, in its sole distinction In the public interest.
may permanently or temporarily substitute puking spaces for use by AOC at mother location
within 1500 feet of the Stadium Lot. provided that an attendant and signs are posted directing the
jurors and shuttle transportation is provided to and from the permanent or temporary perking lot
for a period of 30 days, or unfit the parking is refired to the Stations Lot, whichever is shorter.
In this event. AOC agrees the the use of such substituted spaces shal I be upon the same terms
and conditions of this Agreement, beginning on the data specified in CITY's curve to AOC,
unless AOC provides CITY at least Indian (15) calendar days notice of urminatim of the
Agreement.
6. Termination. Either party may terminate this Agreement when the other party
substantially fails to Observe, fulfill or perform my obligation, term or condition of this
Agreement. This failure shall constitute a induced breach. The breaching party shall receive
written notice of breach. and shall be given sixty (60) calendar days to cure the breach from date
notice is received. If breaching party does not coreet the failure within thirty (60) calendar days,
then the mon-breaching piny may terminate she Agreement upon written notice. Either Party
may exercise any right, remedy (in law or equity), or privilege which may be available to it
marker applicable laws of the Slate of California or any other applicable law. or proceed by
appropriate court action to enforce the terms of the Agreement or to recover direct. indider
mvsryurntivl Or incidental damages finthe breach ofthe Agreement No remedy or election
hereunder shall be deemed exclusive but shall, whenever Possible, be cumulative with all other
remedies at law or in equity. If AOC is unable to pay bar the use of the parking spaces became
of the State of California's failure to timely approve and adopt a State budge[. no breach or event
of default will be deemed to have remind provided AOC promptly pays any previously don and
unpaid rent upon approval and adoption of lite State budget.
Notwithstanding the foregoing, in the sole event of non -appropriation relating to
this Agreement, the Parties and each of them shall have me right to terminate this Agreement. at
any time, in the mariner and subject to the terms specified in this paragraph. The terminating
Party shall give written notice of such termination not has than ninety (90) calendar days before
thedesirN formation date. For purposes of this paragraph, "non -appropriation` shall mean the
f 'lure of the briummtmg party or its governing body to appropriate money for any fiscal year
sufficient for die continued performance of this Agreement by the terminating party.
Under rircumstances other than those set form above, this Agreement may be
terminated, eRmdve Jane 30, 2011 at 11:59:59 p.m., by either party without cause, upon me
giving of at least thirty (30) calendar days advance writer notice of an intention to terminate.
CITY may, but is not obligated to, operate (or common to operate) a downtown
shuttle survive that services persons parking in the Stadium Lot. In me event that CITY ceases
operation of its then operating downtown shuttle service to persons parking in the Stadium Lot.
AOC may announce the Agreement upon the giving of at lees[ thirty (30) calendar days advance
wr inert nm:c, to CITY, snbjec: to Financial obligations than due and owing.
7. Invoicing and Payment. AOCagteeslopay ClTYfortheuseofflcparking
spaces as follows: During the Initial Term. AOC agrees to pay CITY a monody rate per space of
Thirty -Three Dollars S33,00) pet space ("Monthly Rate Per Space"L payable in arrears,
beginning on the last day of the first full month following the Commencement Date (prorated for
portions ofa month) and men on me last day of each month thereafter. Invoices are m be sent
to the address for the AOC I Portfolio Administration Analyst, ad thrift in Section 12, below.
Commencing on me first anniversary of the Commencement Date and on each successive
armiversary thereafter, ("Adjustment Date) the Monthly Rare Per Space shall be adjusted by the
Iii i) the amount calculated by mW6plyinK the current Monthly Ram Per Space by the
Percentage difference which the CPI (defined below) wcreasN or decreased over the prtttding
wormer yew (or porion mereofif partial years or (it) me amount calculated by multiplying the
current Monthly Rate Per Space by throe percent (3%). CITY will calculate the rental
adjustment and provide AOC written notice of the adjusted Monthly Rate Per Space at least
thirty (30) days prior us when the adjusted Monthly Rate Put Space is due, and AOC shall not be
obligated to pay the adjusted Monthly Rate Per Space until AOC receives written notice kora
CITY of the adjusted Monthly Rate Per Space.
The CPI utilized hereunder shall be the Consumer Price Index (Urban Wage
Earners and Clerical Workers for the San Francisco -Oakland -San Jose Metropolitan Area (19g2 -
19g4 - 100 Urban Consumers, U.S. Cities Average) as published by me United Slates
Department of Labor, Bureau of Labor Statistics, or me successor of such index("CPI"L Ifthe
CPI or the successor index is changed so that me base year differs from that in eRct on me
Commencement Date, the CPI or successor index shall be converted in accordance with the
conversion factor published by mDepartment e United Stated Deparent of Labor. Bureau of Labor
c
Statist s. In the event that compilwion andlor publication of the CPI shall be transferred to any
other governmental department or agency or shun be discontinued, than me index most similar to
the CPI shall be used for purposes of adjusting the Rent
Beginning the last day of the month on which the Additional Spaces are to be
u iliarod and monthly in wants thereafter during the remainder of the life of this Agreement.
AOC agrees to pay CITY the sine monthly rate par spam including tin ustmems (in accordance
with the preceding paragraph) for each Additional Space added by AOC pursuant to Section 4 of
this Agreement The monthly total payment in the preceding paragraph (hen being paid shall be
increased and paid accordingly.
All payments shall be made to City of Fresnn, Public Works Accounting Division,
2600 Fresno Street, 4th Floor. Fresno, CA 91721, or as CITY may otherwise designate fiom
time to time in writing.
8. Assignment. AOC shall not assign, subcontract ur otherwise mall its rights or
obligations under this Aureement without the prior written consent of CITY.
9. Waiver. The waiver by either party of a breach by the other of any provision of
this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of
rather the same or a different provision ofthis Agreement. No pmviscrovif Nis Agreement may
he waived unless in writing and signed by all parties to this Agreement. Waiver of any one
provision herein shall not be deemed to be a waiver of my other provision herein.
10. Indemnification and Inv,:.ance. AOC shall Henri hold harmless, and
defend CITY and each of its officers, officials, agents. and volunteers from any and all los&
liability, fes, penalties forfeitures, costs and damages (whether in contract, ton or strict
liability, including but not limited to personal injury, demh at any time and property damage)
incurred by CITY, AOC many other penin, and fiom any and all claims, demands and actions
in law or Nulty (including attorney's fees and litigation expenses), arising or alleged to have
ansent directly or indirectly from the negligent or intentional acts or omissions ol'AOC or any of
its officers, officials, employees, agents, inviter or volunteers (including security personnel) in
the performance of this Agreement or use of the Stadium Ott.
CITY shall indemnify, bold hmmless and defvmd AOC, the Superior Court of
California, County of Fresno ("COURT") and each of their officers, officials, agents, and
volunteers from any and all loss, liability, Braes, penalties forfeitures, costs and damages
(whether in contract, ton or stria liability, including but not Iimlted to personal injury, death at
any time and property damage) incurred by CITY, AOC. COURT, or any other Person. and from
any and all claims, demands and actions in law or equity (including anomry's fees and litigation
expenses), arising or alleged to have ans n directly or mduectly from the negligent or intentional
acts or omissions of CITY or my of its officers, officials; employees, agems or volunteers in the
performance of this Agreement.
In the event of concurtrnt negligence on the pan of AOC or any of its officers,
officials, employees, agents, invitees or volunteers, and CITY or any of its officers, officials.
employees, agents or volunteers, the liability for any and all such claims, demands and actions in
law and equity for such losses, fines, parents. forfeitures, costs and damages shall be
apportioned under the State of Cali forma's theory of comparative negligence as presently
established or as modified hereafter.
This seution shall survive termination or expiration of this Agreement.
It is understood and agreed that AOC and CITY maintain insurance policies or
self-insurance programs an fond their respective liabilities. The parties agree that such respective
programs or policy coverage for Workers' Compensation shall contain a waiver ofsubrogation
as to the other partyand each of its officers, officials, agents, employees and volunteers.
Evidence of Insurance. Certificates of Insurance or other similar documentation shall not be
required of either parry under this Agreement.
11. Intentionally deleted.
12. Nofices. Any nntices rtquired or permitted to be given under the terns of this
Agrcementmustbe inwritingendmaybc (a)permnallydelivered;(b) mailed hydela icing
such notice in the Urtiud States mail, first class postage prepaid; octal sent by reputable
overnight delivery service, addressed as Iminws or to such other place as each Parry hereto may
cautious: by subsequent written notice to the other Parry:
Ift9 the AOC:
Administrative Office of the Courts
Office Of Court Construction and Management
455 Golden Gate Avenue
San Francisco. CA 94102
Allotment Profuho Administration Analyst
Voice: 415-865-4986
Fax 415-965-8885
With atopy to:
Adadmismtive Office of the Courts
Office of Coun Construction and Management
Ann: Manager. Real Estate
455 Golden Gate Avenue
San Francisco, CA 94102
Voice: 415-865-4048
Fax: 415965-8885
And a second copy 0:
Tim Wilson, Facilities OGecmr
Superior Court of Calif min County of Fresno
19W Tuolumne a 802
Fresno, CA 93721
Desk: 559457-2176
Fax: 559443-5555
If to the CITY:
Cityof Fresno
Public Works Department
Parking Manager
26011 Fresno Street
Fresno, CA 93721-3623
Phone: 559-621-7275
Fax: 559-498-1439
13, Governing Laws and Venue. This Agreement shall be governed by, and
construed and entarced in 4cvordance with, the laws of the State of California -
14. Intentionally deleted.
15. Intentionally deleted.
1 b. Certifications of Authority to Execute this Agreement. CITY and the AOC
each cMifies that the indi vidual(s) signing this Agreement an its behalf has authunty to execute
this.Agreement on its bend f and may legally hind it to the terms and conditions of this
Agreement and Exhibit "A" hereto.
17. Counterparts. This Agreement may be executed in multiple counteryerts(ouch
of which will he deemed an oramnal Or all pugbowst
IB. Sevenbiliry, (Puny teem.pm.ison, covenant ur reeMchnn in Nis Agrcement is
ddemdved to be invalid, void, unenforceable, or mherwise inconsistent with applicable law, the
remainder of the terms, provisions, covenants and restrictions of this Agreement will remain in
full there road etient and will in no way be affected, impaired, or invalidated. It is hereby
sdpulazd and declared to be the intention of CITY and the AOC Nat they would have executed
the containing terns, provisions, cremations, and restrictions set forth in this Agreement without
including any of such terms, provisions, reverends. or restrictions Nat may be hereafter declared
invalid, void, or unenforceable.
19. Signage, Maintenance and Security. CITY will provide signage at Stadium Lot
dime ingjuron a+appropriate parking spaces, CITY is responsible for any and all maintenance,
actors and replacement to the Stadium Lot including but not limited to the following: general
emtenance, cleaning, sweeping I Ig1ri :: _, st ipmg, rertufecin._ em City will provide a
reasonable level efsecuriry, bathe Stadium Lot The level of secudty needed Nr security to be
"reasonable will be demnnind by the City in its reasonable discretion. considering the nature
of events held at the Stadium and the number ofovent participants, upon cementation with AOC.
20. Beadinga. The section headings in this Agreement are for convenience and
reference only and shall not be constmed or held in any way we explain, modify or add to the
interpretation or meaning of than, provisions of this Agreement.
21. Interpretation. Should any provision of this Agreement be found to be
ambiguous in any way, such ambiguity shall he resolved by consbuing the turns of this
Agreement in accordance with their generally accepted meaning.
22, Extent of Agreement. Each party acknowledges Nan they have read and fully
recommend the contents of this Agreeneent. This Agreement represents the enure and integrated
agreement between the parties with respect to the subject matter hereof and supers les all prior
negotiations, representations or agreements. either written or mal. This Agreement may be
modified only by written instrument duly militarized and executd by both CITY and AOC.
23. Balding Once this Agreement is signed by all parties, it shall be binding upon,
and shall ince m the benefit of all parties, and each parties' respective heirs, sueeesaom,
assigns, transferees, agents, servams, employees and representatives.
24. CompBanee wiN Law. ADC shall at all from comply with all applicable laws,
and with all applicable regulations promulgated by federal, state, regional, or local administrative
and regulatory agencies, now in force and as they may be courted, issued, or amendd during the
term of this Agreement.
25. Attorney's Fees. if either party is acquired to reactance any proceeding or legal
action to enforce or interpret any term, covenant or condition of this Agreement the Preceding
Perry in such proceeding or action shall be entitled to recover form the other party its reasonable
attorney's fees and legal expenses.
26. No Third Party Beseficlarles. The rights, interests, duties and obligations
defined within this Agreement me intended for the specific parties hereto as identified in Ne
preamble of this Agreement. Notwithrtanding anything stated to the contrary in this Agreement,
It is not intended that any rights or intmeals in this Agreement benefit or flow to the interest of
my thud panics other than COURT.
27. Subordination. Notwithstanding any other terms or previsions or this
Agreement, the parties acknowledge and agree that, the terms, covensnts, provisions and
conditions herein am and shall be subject and subordinate to any and all City bund and other
financings and refinancings of the Premises. AOC agrees to provide a writers subordination
upon City's reasonable r const, provided that ACC receives non4amM1ance protection in
connection with such subordination agreement.
CITY OF FRESNO. ADMINISTRATIVE OFFICE OF THE COURTS
a municipal cotporannn
BYE _._ BY-_ -- _
Brace A. Rudd Great Walker
,}fr City Manger Senior Manger, Business Services
ATTEST: Date:
Rebecca E. Klisch: City Clerk II r p�
By. ./ r t4V10
ryury 4 8/
REVIEWED & RECOMMENDED FOR
APPROVAL:
By. Rf/-
De Finabmake
Public Works Parking Manager
APPROVED AS TO FORM:
James C Sanchez, City Attorney
By: C-111 1v
Deputy Ue.�j
APPROVED AS TO FOM
Administrative Office of the Courts
Office ofthe General
Counsel
LL
By: /1 L 'd YV��
Name: Leslie G. Miessner
mey
Date: Attvr]1 I 0
Exhibit n
Map of Premises
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