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HomeMy WebLinkAboutItem 09 - Authorization to Negotiate, Execute, and Modify Agreements for Parking Fund Lease Spaces Department Name: Public Works Cost Center: 5101 For Agenda of: August 18, 2020 Placement: Consent Estimated Time: N/A FROM: Matt Horn, Public Works Director Prepared By: Gaven Hussey, Parking Services Manager SUBJECT: AUTHORIZATION TO NEGOTIATE, EXECUTE, AND MODIFY AGREEMENTS FOR PARKING FUND LEASE SPACES RECOMMENDATION Adopt a Resolution (attachment A) authorizing the City Manager to negotiate and execute new commercial lease agreements and/or modify existing lease agreements with tenants of property located at 860 Pacific Street Suites 101 through 105. DISCUSSION Background - Parking Services Program Managed Commercial Lease Spaces The City’s Parking Services Program manages five commercial lease spaces located on the Pacific Street side of the Marsh Street parking structure. The commercial properties, listed below, typically provide consistent cash flow for the Parking Fund. a) 860 Pacific Street, Suites 101 & 102 – Vacant b) 860 Pacific Street, Suite 103 – Arroyo View Financial, Inc. c) 860 Pacific Street, Suites 104 & 105 – San Luis Obispo Bicycle Coalition Supplemental Budget Adoption Addressed Tenants’ COVID-19 Fiscal Impacts With the adoption of the 2020-21 Supplemental Budget, the City recognized that the economic downturn from the COVID-19 pandemic has created a significant and undue burden on businesses in the City of San Luis Obispo. As detailed in the 2020-21 Supplemental Budget, the Parking Services Program incorporated an extensive work program intended to reinvigorate the local economy by incentivizing businesses and employees to return to business operations once the current restrictions due to COVID-19 are relaxed or lifted completely. The 2020-21 Supplemental Budget identifies an incentive in which the City waives monthly lease payments for the commercial spaces managed by Parking Services, located at 860 Pacific Street for a period of six-months. Once this six -month period is complete, monthly lease payments will resume at the rate identified in the respective lease agreements. Staff recommends that the City Council authorize the City Manager to negotiate and execute new lease agreements and/or modify existing lease agreements with the tenants of the Parking Services Program located at 860 Pacific Street Suites 101 through 105. Attachment A is a Resolution setting forth this authority. Staff anticipates that such new and/or modified leases will include a term reflecting the six-month rent waiver discussed above. Item 9 Packet Page 125 This process will allow staff to respond to the Council’s Economic Recovery goal and support local businesses recovery from COVID-19. The following lease agreement changes are also anticipated: 1. The tenant that occupied 860 Pacific Street Suites 101 and 102 gave notice to the City that they would not be pursuing an extension to their lease agreement and would vacate the suites at the end of June 2020. The current tenant of Suite 103, Arroyo View Financial, has contacted the City and expressed interest in entering into a lease agreement for Suites 101 and 102. 2. The lease agreement with Arroyo View Financial, for 860 Pacific Street Suite 103 is eligible for a second and final five-year extension in October 2020 and the tenant has indicated interest in extending the lease. 3. The lease agreement with San Luis Obispo Bicycle Coalition, for 860 Pacific Street Suites 104 and 105 expired in August 2019 after the final three-year extension term ended. The tenant is currently on a month-to-month lease and has been in contact with the City regarding executing a new lease agreement. a. As the market stabilizes, the City will perform a market assessment and at the conclusion of the term of leases to ensure that the City is recovering costs based on the latest lease market data. CONCURRENCE The San Luis Obispo Bicycle Coalition and Arroyo View Financial both concur with the recommendation to enter into new lease agreements and/or modify current lease agreements. ENVIRONMENTAL REVIEW The California Environmental Quality Act does not apply to the recommended action in this report, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15378. FISCAL IMPACT Budgeted: Yes Budget Year: FY2021 Funding Identified: Yes Fiscal Analysis: Parking Fund Lease Spaces Monthly Rent Annualized Amount Revenues 860 Pacific Street, Suite 101 & 102 $600 $7,200 860 Pacific Street, Suite 103 $315 $3,780 860 Pacific Street, Suite 104 & 105 $340 $4,080 Total $1,255 $15,060 Item 9 Packet Page 126 At full capacity, the Parking Fund collects $1,255 in revenue each month from the commercial properties located on Pacific Street. The impacts to the Parking Fund for providing rent relief and vacancies have been modeled and built into the FY 2020-21 Supplemental Budget approved by Council. ALTERNATIVES Deny request to authorize City Manager to negotiate and execute new lease agreements and/or modify existing lease agreements. Staff does not recommend this alternative because the Parking Fund is obligated to maintain current agreements for all properties owned by the City. Attachments: a - Draft Resolution Item 9 Packet Page 127 R ______ RESOLUTION NO. _____ (2020 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO NEGOTIATE, EXECUTE, AND MODIFY COMMERCIAL LEASE AGREEMENTS FOR PARKING FUND LEASE SPACES WHEREAS, the Parking Fund manages commercial lease spaces located 860 Pacific Street Suites 101, 102, 103, 104, and 105; and WHEREAS, the Parking Fund has an obligation to maintain current agreements for all properties owned by the City; and WHEREAS, the COVID-19 pandemic has resulted in economic uncertainties for businesses including lease spaces managed by the City’s Parking Fund; and WHEREAS, the Parking Fund’s 2020-21 Supplemental Budget incorporated an extensive work program intended to support the local economy by incentivizing businesses to return to normal operations; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Execution of Documents. The Council hereby authorizes the City Manager to negotiate, execute, and modify commercial lease agreements for properties located at 860 Pacific Street Suites 101 through 105 with terms not to exceed three years. Item 9 Packet Page 128 Resolution No. _____ (2020 Series) Page 2 R ______ SECTION 2. Environmental Determination. The California Environmental Quality Act does not apply because the action does not constitute a “Project” under CEQA Guidelines Sec. 15378. Upon motion of Council Member _______________, seconded by Council Member _______________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this _____ day of _____________________ 2020. ____________________________________ Mayor Heidi Harmon ATTEST: ____________________________________ Teresa Purrington City Clerk APPROVED AS TO FORM: _____________________________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on _____________________. ____________________________________ Teresa Purrington City Clerk Item 9 Packet Page 129 BLANK PAGE This page is intended to be blank so that you can print double-sided. Item 9 Packet Page 130