HomeMy WebLinkAbout10/29/1991, C-7 - CONSIDERATION OF AN AGREEMENT BETWEEN THE CITY AND TED FRANKEL, PROPERTY OWNER OF 680 HIGUERA STREET, FOR SHARED COSTS OF MISSION PLAZA EXTENSION IMPROVEMENTS. IIIN�Ip►►II�IIIIIIIIIIEli��NII,II�I
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COUNCIL AGENDA REPORT ITEM NUMBER:
u
FROM: Arnold B. Jonas, Community Development Director; o
By: Pam Ricci, Associate Planner
SUBJECT:
Consideration of an agreement between the City and Ted Frankel, property
owner of 680 Higuera Street, for shared costs of Mission Plaza Extension
improvements.
CAO RECOMMENDATION:
1. By motion, approve and authorize the Mayor to execute the attached
agreement with Ted Frankel, for Mission Plaza Extension Improvements.
2. By motion, approve the transfer of $13 , 342 from the Capital
Appropriation Account to the Capital Expense Account (040-9563-092-
572) to reimburse the property owner/developer for the work identified
in the above agreement.
DISCUSSION:
When the City extended Mission Plaza between Broad and Nipomo Streets in
1988, a portion was left with temporary improvements. The uncompleted
section located between McLintock ' s and B. Anthony Jewelers borders the
last vacant lot on that block of Higuera Street (680 Higuera Street) .
The final design and installation of this walkway section had to. wait
until construction of the approved building on the vacant lot. With
construction of the new building, the creek stairs were to be relocated,
the upper walkway extended along the rear of the new building, and the
lower walkway widened and relandscaped.
The project originally approved for 680 Higuera Street, known as the
Gregorian Building, was never built, and planning permit approvals
lapsed. On November 5, 1990, a new three-story building for Tom' s Toys
was approved by the Architectural Review Commission (ARC) . Construction
of this new building provides the City with the opportunity to complete
the Mission Plaza Extension as it was originally designed.
City staff has negotiated a shared approach with the property owneIr and
project architect regarding responsibilities and costs:.--to complete the
Mission Plaza Extension work. With this approach, the City would pay the
costs of: 1) modifying and relocating the stairs now-attached to the
walkway behind Mc Lintock ' s to "fit" the new building;..2) removing the
existing retaining wall and reinstalling the bench and commemorative
plaque; and 3) installing Mission-style paving at the lower walkway; and
4) installing planter areas and City-owned lighting fixture. Estimated
cost: $13 , 342 . 00
The developer would cover the costs of footings for -the new stairs,
connecting the stairs to the new structure, installing-the upper eight-
foot wide creek walkway with Mission-style paving, removs temporary=metal
deck supports in the walkway, install new walkway lighting, and build an
upgraded building retaining wall to allow the lower.__:walkway to be
widened. Estimated cost: $41, 200 . 00
i�IN11hIIII�IIIIIIIIIIIII ll�lll city Of San L_JS OBISPO
AN COUNCIL AGENDA REPORT
680 Higuera Street Agreement
Page 2
CONSEQUENCES OF NOT TARING THE RECOMMENDED ACTION
If the Council does not support the attached agreement, then the specific
terms and conditions of the agreement regarding shared responsibilities
for the Mission Plaza Extension work would need to be renegotiated
between the City and the property owner. A revised agreement would then
return to the Council for approval at a later date. j
CONCLUSION
Staff feels that the improvements outlined in the attached agreement will
enhance the appearance and improve the safety of this section of Mission
Plaza. The proposed changes are consistent with the Council 's original j
approval of plans for the Mission Plaza Extension and ARC approved
building plans (ARC 90-43) .
CONCURRENCES
The attached agreement was prepared by the Engineering Division of Public
Works in conjunction with the Planning Division of the Community
Development Department.
FISCAL IMPACT
$50, 000 per year is included in the City' s Capital Improvement Plan for
unspecified Mission Plaza Improvements. This project qualifies for use
of these funds. With Council approval of the agreement, a Budget
Amendment Request will be processed transferring $13 , 342 from the Capital
Appropriation Account to the Capital Expense Account, and a purchase
order will be prepared for the work.
I
ALTERNATIVES
I
1. The Council could deny the attached agreement with direction on what
appropriate terms and conditions of a revised agreement would contain.
2 . The Council could continue consideration of the agreement with
direction on additional information needed to render a decision.
Attached: * Agreement Affecting Real Property Interests
* vicinity Map
* Site Plans showing existing conditions and proposed
Mission Plaza Extension improvements
* Letter from project architect outlining City-sponsored
tasks and total cost
d:ccagree.wp C!r
Recording Requested by:
City Clerk
When Recorded Return to:
City Clerk
P.O. Box 8100
San Luis Obispo, CA 93403-8100
AGREEMENT AFFECTING REAL PROPERTY INTERESTS
THIS AGREEMENT is made on the day of , 1991,
by and between the CITY OF SAN LUIS OBISPO, a Chartered Municipal
Corporation, hereinafter called "CITY", and Ted Frankel, herein-
after called "DEVELOPER" .
WITNESSETH
WHEREAS, DEVELOPER desires to develop a retail commercial
(Tom's Toys) and office building at 680 Higuera Street in the
City of San Luis Obispo, more particularly described •as:
Lot 3 and and the southwesterly 4 feet of Lot 2, Block 8,
of the Murray and Church Addition to the City of San Luis
Obispo as recorded in Book A of Maps, at page 145, in the
Office of the San Luis Obispo County Recorder.
and;
WHEREAS, CITY desires that such a development be compatible
W. th.e .,ission Plaza e::te^cion pl.-."s; and
WHEREAS, the prior owner (Bobik) granted an easement to City
for public pedestrian access and drainage purposes between a
proposed building foundation and the centerline of San Luis
Obispo Creek, across the fifty-four (54) feet-wide parcel of
land, as recorded in Volume 3030 of Official Records, at page
606, on August 4, 1987, in the San Luis Obispo County Recorder' s
Office.
NOW THEREFORE, the parties hereto mutually agree as follows:
C'�-3
Frankel (Tom's Toys) Agreement
Page Two
1. DEVELOPER will construct a cantilevered deck and railing
from the first floor of the proposed building, in "Mission-
style" within said easement to a design approved by the City.
The design shall provide for structural loading from a stairway
and from existing northerly and southerly decks. Three existing
"temporary" metal columns shall be removed and salvaged.
2. DEVELOPER shall be responsible for the cost for stairway
connections to the cantilevered deck, concrete footings for mid-
span and end supports of the stairway, and crane time to relocate
the stairway.
3 . DEVELOPER will construct a retaining wall to match the
existing creek walkway masonry (slump block) and to accommodate
the final grade of an expanded lower walkway. Six (6) inch high
planter curbs will be installed by the DEVELOPER at CITY cost,
per final plans. A "Mission-style" concrete lower walkway and a
"'.-fission-style" railing (around the back of the stairway) will be
installed, and an existing bench and plaque will be relocated at
CITY cost, per final plans.
4. DEVELOPER will provide exterior lighting under the deck
(waterproofed) at his cost and will install a City-owned light
(including fixture, wiring, conduit) , incorporated into the
Mission-style railing per approved plans. The latter lighting
to be at CITY cost, including maintenance.
S. CITY shall be responsible for the cost of all stairway
Frankel (Tom's Toys) Agreement
Page Three
modifications to adjust the height and length to match the new
location and grade. CITY shall also pay for relocating the -
stairs, except as assigned to DEVELOPER in paragraph 2.
6. CITY will be responsible for any subsequent Mission
Plaza improvements, including any creek modifications.
7. Nothing in this agreement shall be construed to limit or
preclude the CITY from establishing, and the DEVELOPER from being
required to comply with additional conditions and improvements
associated with architectural review approval, plan check for
code compliance, and other special provisions related to use and
construction, as provided for in the Municipal Code.
8. Maintenance and liability of the public pedestrian
access area shall be the responsibility of the underlying
ownership. DEVELOPER shall maintain the public pedestrian deck
area (not including stairway) in a safe condition. DEVELOPER
agrees to hold the CITY harmless of any and all claims or
liability arising out of any actions or events occurring on said
portion of the easement. CITY shall hold the DEVELOPER harmless
for any claims or liability arising out of actions or events
occurring on the lower creek walkway and stairway, not associated
with DEVELOPER'S structure, use or activities.
- 9. CITY shall maintain the creek and adjacent lower walkway
areas and shall bear the responsibility for any liability or
claims arising out of events occurring. on these areas.
10. DEVELOPER shall have the right of access to and from
the Mission Plaza improvements. CITY will allow minor
C-r-.�
Frankel (Tom's Toys) Agreement
Page Four
encroachments (1 ft. +/-) into the existing easement, per plans.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement the day and year above written.
DEVELOPER:
Ted Frankel
- - - - - - - - - - - - - - - - - -
OFFJCIAL SEAL
uz; ;€�i�1GSTON
Lm ANGELES COUNIY
Mr C=M F.,wsa oa 2s,taut CITY OF SAN LUIS OBISPO
Mayor Ron Dunin
ATTEST:
City Clerk Pamela Voges
APPROVED AS TO FORM:
o ney
APPROVED AS TO CONTENT:
i
Q
ty A inistrative
1� Officer
Pu 1 Works rector
Community Dev went Director
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M A R _ I N ■ S T E L E
ARCHITECTURE CONSTRUCTION INTERIORS
846 H IGUERA # 5, SAN LUIS OBISPO, CA 93401 805.544.4398
September 23, 1991
Ricci
2 5199.
Ms• Pam R1cc1 : v of San Luis OC6"
City of San Luis Obispo
Planning Department
P.O. Box $100
San Luis Obispo, CA 93403-8100
Dear Pam:
As requested by the City of San Luis Obispo, here is the pro-
posal for construction and supervision described in the Frankel
(Tom's Toys) Agreement,
Labor, materials and supervision for the following:
1. Lower Mission Plaza extension
a. Mission-style concrete walk with tile
b. 6R planter curbs
C. Mission-style railing under stairs
d. Relocate existing bench and plaque
2. Upper Mission Plaza extension
a. All stairway modifications
b. Mission-style railing at light shafts
c. Light pole and fixture at corner
TOTAL - $13,342.00
Sincerely,
Tom Martin
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MAR7111111 1111111 �iiiiii III WN III WW.Jr ''I lill Ilill
T I N • S T E ELE
ARCHITECTURE CON'STRUCTI.ON e INTERIORS
846 H IGUERA # 5,' SAN LUIS OBISPO, CA 93401 805.544.4398
Ms. Pam Ricci
San Luis Obispo Planning Department
P.O.Box 8100
San Luis Obispo, CA 93403-8100
Re: Frankel Building (Tom's Toys)
680 Higuera Street
San Luis Obispo, CA 93401
Dear Ms. Ricci:
After the requirements imposed by the Architectural Review
Commission at the meetings 11/9/90 and 12/4/90 , and the meeting
with City Staff, Pam Ricci, Jeff Hook and Jerry Kenny, my client
and I propose the following:
1. Remove the stairs at the present location (behind
McLintock's) .
2. Extend the 2nd level walkway closest to McLintock's, from 6
feet to 8 feet wide.
3 . Bring the back of the toy store flush with the rear corner of
B. Anthony's in order to make a smooth transition without a 12
inch jog.
4. Modify and relocate the stairs south of their present
location. We are proposing a cost sharing with the City. The
City would pay for the cost of stair modification to take into
consideration the difference in height between the two locations,
and pay for removing and reinstalling the stairs. We would pay
for making connections to building structure and pour necessary
footings for mid-span and end supports of stairs, and crane time.
5. Bring building retaining wall to the level of the lower creek
walk to make it possible for the City to remove the existing
retaining wall, grade and pave. My client will "dress up" the
surface of the wall with slump block to match existing creek walk
masonry work.
Sincerely,
Thomas Martin - Ted Frankel
Martin & Steele Owner J
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cc. Ted Frankel