Loading...
HomeMy WebLinkAbout06/03/2003, C4 - DONATION OF PARK IMPROVEMENTS & OUTDOOR DINING AGREEMENT council Mdim D" June 3,2003 aGenda aepoin flcm Numbcr C I T Y OF SAN LUIS OBISPO FROM: �- Paul LeSage,Director of Parks and Recreation Prepared By: Cindy McDonald, Supervising Administrative Assistant SUBJECT: DONATION OF PARK IMPROVEMENTS & OUTDOOR DINING AGREEMENT CAO RECOMMENDATION 1. As recommended by the Parks and Recreation Commission, a) accept the donation of park improvements at 2163 Santa Barbara Street; and b) approve an Outdoor Dining Agreement for the rental of 800 square feet of the park site at a monthly rent of.56 cents a square foot. 2. Authorize the Mayor to execute an agreement to accept the donation and a second agreement approving the outdoor dining space rental.. DISCUSSION Donation Pizza Brokers, Inc. is in the process of renovating and reopening the former Pizza Hut site, located at 2138 Broad Street. This site is located next to City property,across from Fire Station 1,known as the Demonstration Garden. During the drought of the late 1980's, the site was landscaped with a variety of drought tolerant plants. While it still serves as an example of how property can be landscaped with low water use, it is not the most attractive parcel in the City. Given its location as an entryway to the City it is quite unsightly. The property is currently maintained by the City using a private contractor. Pizza Brokers, Inc. has offered to redesign, install, and maintain the landscaping in the park, as noted in Attachment 2 of this report. They propose a very low water use design and retaining all trees on the site. The Parks and Recreation Commission and staff support the concept. Pizza Brokers, Inc. has leased the property for 25 years,so the maintenance of the park will continue for that entire time,regardless of the success of this new restaurant. The Utilities Department does not object to the removal of the Demonstration Garden, as there are many sources of information on drought tolerant plantings in the community. The donor has indicated a willingness to install a public art piece in the park. It will require approval through the public art process and will be brought before Council at a later date. Council Agenda Report—Donation of Park Improvement& Outdoor Dining Agreement Page 2 As with all donations, the donor will be required to obtain the necessary permits and advisory body approvals for this project, including the Architectural Review Commission. Outdoor Dining Pizza Brokers, Inc. wishes to offer outdoor dining at their restaurant and is requesting the lease of 800 square feet of space in the adjoining park site. This agreement (Attachment 3) is based upon the guidelines adopted for outdoor dining in the downtown. All improvements to the site are subject to the City's development review process. The outdoor dining is considered when establishing the parking requirement for the restaurant. The renter will be expected to maintain the premises in a clean and safe manner. Parks and Recreation Department Staff will monitor compliance. Alcoholic beverages may be served on the premises provided the appropriate permits are obtained. Rent is set at 56 cents a square foot, the same as is recommended for the downtown. It would be adjusted annually using the Consumer Price Index. CONCURRENCES On March 5, 2003, the Parks and Recreation approved the offer of donation from Pizza Brokers, Inc. and with slight modifications approved a conceptual site plan. The Commission also approved the Outdoor Dining Agreement at the same meeting. A copy of those minutes is included as Attachment 4. FISCAL IMPACT Accepting the landscape maintenance donation from Pizza Brokers, Inc. will save the City about $500 annually. The rental of the outdoor dining space will generate$5,400 in added revenue for the City. ATTACHMENTS 1. Site Location Map 2. Donor Agreement 3. Outdoor Dining Agreement 4. Parks and Recreation Commission Minutes of March.5, 2003 G:ISmBIKisaWgmda Prep FdaICM-06.03.03-DonadonByPi=aBrok=.DOC 0/4-a - ATITACHMFNN 1 ca ROUNDHOUSE BRANCH SOUTH CITY OF SAN LUIS OBI PO GEODATA SERVICES 955 MORRO STREET SAN LUIS OBISPO,CA 93401 (� (805)781-7167 05/22/03 16:37 J ATTACHMENT 2 city or san tins OBISp0 DONOR NOR AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this day of , by and between the CITY OF SAN LUIS OBISPO, a municipal corporation,hereinafter referred to as"City",and Pizza Brokers Inc.hereinafter referred to as"Donor". WITNESSETH: WHEREAS,Donor desires to donate park improvements at 2163 Santa Barbara Street(hereinafter referred to as"Donation");and WHEREAS, acceptance of the donation is consistent with City Policy as set forth in Resolution No. (1999 Series). NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained,the parties hereto agree as follows: 1. TERM. The term of this Agreement shall be from the date this Agreement is made and entered, as first written above,until acceptance or completion of the Donation. 2. DONOR'S OBLIGATIONS: Donor shall perform as follows: • Construct park improvements to the City property as approved by the Architectural Review Commission. ■ Follow all City Construction procedures including plan check; permitting, inspection, and insurance requirements. ■ Maintain the park site to a standard acceptable to the Parks Maintenance Supervisor of the City of San Luis Obispo for a period of 25 years or for the entire time the donor holds the lease on the adjoining property at 2138 Broad Street,which ever is greater. ■ Secure approval and install a piece of public art at the park site. 3. CITY OBIGATIONS: City shall perform as follows: ■ Assist the donor is securing the development approval of this park donation. 4. TAX STATUS OF CITY: City hereby confirms that City is an organization described in Section 501( c)(3) and 170(b)(1)(A)(v) of the Internal Revenue Code, to which contribution are deductible for Federal income tax purposes to the extent provided in Section 170 and all other applicable section of the Code. Donor acknowledges and understands that he/she should consult with his other tax consultant as to the deductibility of the Donation for Federal income tax purposes. m MCHMEM 2 bonoR agueement pace 2 4. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. 5. AMENDMENTS. Any amendment, modification or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Administrative Officer of the City. 6. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: City City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo,CA 93401 Donor Pizza Brokers Inc Dick West P.O.Box 4869 Paso Robles,CA 93447 7. AUTHORITY TO EXECUTE AGREEMENT. Both City and Donor do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. ATTEST: CITY OF SAN LUIS`OBISPO,A Municipal Corporation By: City Clerk Mayor APPROVED AS TO FORM: DONOR: -- �---- By: omey Dick West,Representative G:ICouncH Agenda ReportslPark on Broad SteeflDonation-Pivaarokers.doc C AITACHMENT3 OUTDOOR DINING AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this day of by and between the CITY OF SAN LUIS OBISPO, a municipal corporation,hereinafter referred to as City,and PIZZA BROKERS,INC.,hereinafter referred to as Contractor. This Outdoor Dining Agreement does not convey a long-term or permanent interest in public property. The uses may be revoked by the City of San Luis Obispo with out without cause. WITNESSETH: WHEREAS, Contractor wishes to offer outdoor dining, using City-owned park space adjacent to their restaurant at 2138 Broad Street,and WHEREAS,No City ordinance or regulation prohibits such an action,and WHEREAS, Contractor has offered to improve and maintain the City property known as the Demonstration Garden,and WHEREAS,the Parks and Recreation Commission endorsed this action at their March 5,2003 meeting. NOW THEREFORE, be it resolved that the City of San Luis Obispo does agree to permit Contractor to offer outdoor dining on an 800 square foot portion of the City property located at 2138 Broad Street, subject to the following conditions: 1. All improvements shall be subject to the approval of the Community Development Department. At the Directors discretion, architectural review may be required. All work done related to the outdoor dining area shall comply with appropriate City,County, State,and Federal regulations. 2. Applicant shall provide: A. Proof of ownership of the adjoining property. B. A copy of the business license certificate issued to the business operator. C. Proof of public liability insurance in the amount of$1,000,000 which by an endorsement names the City as additionally insured for the term of the agreement,or as other meets the approval of the City risk manager. D. A detail site plan noting dimensions and the area to be use for dinning; the proposed number of tables,chairs and other furnishings to be used in the area,and the relationship of the outdoor dinning area to the indoor dinning area. E. A description of the types, colors,and materials,or all outdoor furnishings. F. An explanation of how any additional required parking will be provided. GASmfflKucrWgcnda Prep Filw106.03.03-OuldoorDiningAgreemenf.doc ATTACHMENT 3 Agreement Page 2 G. A statement of proposed days and hours of operation. 3. The rent for the space shall be 56 cents per square foot; per month. Rent shall be paid quarterly, in advance to the Finance department. The rent shall be in effect at this rate for one year from the commencement of this Agreement. Thereafter it shall be adjusted annually on July 1 of each year by the annual percentage change in the U.S. Bureau of Labor Statistics (or successor agency) consumer price index for all urban consumers (CPI-U) all-cities average for the prior calendar year. 4. The premises shall be maintained in a clean and safe manner at all times. 5. Alcoholic beverages may be served on the premises, provided the appropriate permit is obtained from the Alcoholic Beverage Control Board. 6. Items used for dining outdoors may not be left outside overnight. 7. This agreement is not transferable. 8. This Agreement shall be in effect for an unlimited term. It will automatically end upon expiration of the business tax certificate or upon failure to pay the required fees. The City retains the right to cancel this Agreement with 30-days written notice,with or without cause. 9. Contractor shall indemnify the City, its officers, agents, and employees against, and shall hold them harmless from any loss, costs, damages, expense (including attorney fees) or liability by reason of injury or death of any person, or damages to or destruction .of any property arising out of or in connection with this agreement. 10. This Agreement creates an interest in real property that may be subject to a possessory interest tax. Contractor shall be responsible for payment of any taxes due. 11. AMENDMENTS. Any amendment, modification or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Administrative Officer of the City. 12. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or repmcsentation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement,understanding, or representation be binding upon the parties hereto. 13. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: City City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo,CA 93401 Contractor Pizza Brokers,Inc. Dick West P.O. Box 4869 Paso Robles, CA 93447 C�- 'l Agreement Page 3 14. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that each individual executing this agreement on behalf of each parry is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. ATTEST: CITY OF SAN LUIS OBISPO,A Municipal Corporation By: City Clerk,Lee Price Mayor,David F.Romero APPROVED AS TO FORM: CONTRACTOR By: Ci omey,Jonathan Lowell President,Dick West Parks and Recreation Coma. .onj' {Vi ' Minutes for March 5, 2003 Page 5 investigating whether contracting the pro-shop would be a good alternative. Buckshi would be in favor of selling the excess land before cutting other programs and/or selling the golf course. Pyper—Even with the shortfall of funds,there is a need to market the golf course with a brochure to all hotels and motels. Clay — stated that this is tenuous period of economics — many issues are being analyzed that will require difficult decisions ahead of us. The value of the golf course is above the player or the game of golf; it cuts noise pollution, and buffers the neighborhoods. Open space is important to the City of San Luis Obispo. Dunan- tourism issues should be addressed — professionally — cooperating with the Promotional Coordinating Committee and the Downtown Association. Marketing is very critical prior to tourists coming to San Luis Obispo. Dunan spoke to the audience that they need to be the calling card for the golf course. He asked that they come to the Council Meeting on the 15th and let their voice be heard. He said that the golf course is a lovely part of the community and to make it stay, it will take the voice of the community. He encouraged the audience to stay involved. Recommendation: ■ The Commission strongly supports retaining the Laguna Lake Golf Course as a municipal golf course(Dunan/Pyper, unanimous). ■ The development of a plan of action to increase revenue and offset expenses. (Clay/Buckshi, unanimous 11 111111111 1111:11 llllliilllllllliillllIIIIIIIIIIIIIIIIIIIII e ation of adhoc t orce to assi a impl tion of an of (Neville/Dunan, unanimous) (3. Donation Offer on corner of Broad and Santa Barbara Streets Sage briefed the Commission of the donation offer for the corner of Broad and Santa Barbara reets. Applicant is proposing the leasing of public space for outdoor dining. Dick West, President roduced Terry Lee, landscape architect who then summarized the concept ideas to the ommissioners. The public art piece was shown by Randy Aughburger. Mr. Lee stated that they planned to place the artwork in an area that would be a gathering.spot for citizens. LeSage reminded the Commissioners about the landscape parkway entryway. Commissioner Clay noted that the irrigation needs are modest; lawn irrigation would be small, suggested to continue the walkway through the grass. Larson had no comment. Buckshi said the concept plan looks fine, although has questions regarding the naming the park. Pyper believes that lawn is a waster of water. Mr. Lee commented that the public could gather on the grass, and offered to change it to ground cover. Clay said he would rather have a ground cover with native plants — a symbolic gesture. Dunan was favorable but had two concerns; the lease amount, 50/sq foot or 1.00/sq foot, and the naming convention. He is uncomfortable with the parks being named the same of a businesses. Lee said that the area serves as an entry to the "village" (downtown area.) Clay suggested leaving it an unnamed park. Recommendation: 1. Accept the offer of donation to renovate and maintain the demonstration garden property. (Pyper/Buckshi,unanimous). C4 A Parks and Recreation Comn .on �.,ff Minutes for March 5, 2003 Ali, HM Page 6 2. Approve the design of the park w/one modification of the walkway through the turf area (Larson/Pyper,unanimous). 3. Lease a portion of the site for outdoor dining(Neville/Pyper,unanimous). 4. Naming the park: accept the name for the park; motion failed 3:2 (Buckshi, Dunan, Neville opposed) 0(Clay abstained). Con ation Plan for Irish Hills Le ge in sourc d arke, io ogist to the Commission. Havlik briefed the Commission regarding the Conservation Plan for Irish Hills. Public comments were as follows: John Cutter of Central Coast Concerned Mountain Bicyclists, a local mountain bike club, offered to work with staff on clean up and maintenance trail days. He stated that their group is a responsible group of citizens that enjoy active recreation. Don Dollar endorses the plan and complimented staff on the work they have done. Clarke presented a slide show to the Commissioners. Recommendation: Commissioners endorsed the concept plan. 5. Adjourned The remainder of the agenda was postponed to the next meeting. The meeting adjourned at 10:47 p.m. to the April 2, 2003 meeting.