HomeMy WebLinkAboutc4sloartscouncilleaseagreement
FROM: Shelly Stanwyck, Parks and Recreation Director
Prepared By: James Bremer, Recreation Supervisor
SUBJECT: BY RESOLUTION, APPROVE A LEASE AGREEMENT WITH THE SAN
LUIS OBISPO COUNTY ARTS COUNCIL FOR THE USE OF 1123 MILL
STREET OFFICE SPACE.
RECOMMENDATION
By Resolution, approve a lease agreement between the City and the San Luis Obispo County Arts
Council (SLO Arts Council), for a period of five years with a renewal option of an additional five
years, in the initial annual amount of $1,551 annually for the use of City owned property located at
1123 Mill Street and authorize the Mayor to execute the agreement.
DISCUSSION
Background
On December 13, 2011 the City entered into a lease agreement with SLO Arts Council for the use
of office space at 1123 Mill Street in San Luis Obispo. The terms of that lease of the City’s 660
square foot of office space was at the rate of $1.96 a foot or $1,294 annually. This amount was
determined from historic 2007 annual maintenance and utility costs (less janitorial services) on a
prorated basis. The agreement also contained a one year renewal option. The lease was renewed for
an additional year in 2012 and is set to expire on December 31, 2013. The tenant desires to
continue to lease the premises and the arrangement has worked out for both the City and the
community.
General Plan and Economic Development Strategy
This use of the office space by the SLO Arts Council is consistent with an office/medium density
residential use and is compliant with the Zoned Public Facility use as determined by the Community
Development department. A Public Facility designation is intended to provide for public uses and
specifies that public uses are those conducted by governmental or nonprofit agencies. The proposed
lease agreement with the SLO Arts Council is consistent with this zoning regulation.
In 2012, the Council adopted an Economic Development Strategic Plan, which includes policies to
promote and enhance the San Luis Obispo quality of life. Two of the top attributes that added to the
quality of life and that attracted and kept people in San Luis Obispo were performing and visual arts
and arts education groups. The City has approached development from a holistic perspective taking
into account how much and what type of growth can be sustained both environmentally and
economically. San Luis Obispo’s historic context, environmental setting, and cultural fabric all
drive City policy including the General Plan and specific plans. Support of non-profit agencies,
such as the SLO Arts Council is consistent with this strategy.
Meeting Date
Item Number Dec. 10, 2013
C4 - 1
SLO ARTS COUNCIL LEASE AGREEMENT Page 2
City Policy Regarding Leasing to Non Profits
The City's Financial Management Manual, Section 475-C (Property Management and Disposal)
provides guidance regarding the leasing of City-owned buildings and real properties as referenced
on page 475-10:
Leases of City-Owned Buildings and Real Property
The following guidelines apply to leases of City-owned buildings to outside parties.
Leases with Non-Profit Organizations
1. Requests for the long-term use of City property by non-profit organizations should
generally follow the same review procedures as the sale or lease of City property by
private for-profit entities.
2. The proposed use should be consistent with the goals and objectives of the City's
General Plan and not conflict or preclude any existing or planned City use.
3. Any development or operations directly related to the proposed use should have a clear
and measurable community benefit in alignment with City goals, policies, and plans.
4. Any lease agreements for the use of City property by non-profit organizations that
charge a less than market rate for the City property should include a provision for
community access and/or City use, or operate in close partnership in the delivery of City
services.
5. Lessees will be responsible for all property related use taxes that may be assessed.
Proposed Lease Agreement
The proposed lease agreement with the SLO Arts Council is provided as attached (Attachment 3)
and is consistent with the City’s guidelines for leases of City-owned buildings and real property.
The annual rent is proposed at a slight increase of $2.35 per square foot or $1,551 annually which
includes increased maintenance and reflects a prorated share of the annual maintenance and utility
costs (excluding janitorial service, which will not be provided) for the Ludwick Community Center.
Staff recommends an initial agreement term of five years expiring on December 31, 2018 (with an
annual Consumer Price Index (CPI) evaluation of the base rent occurring each November).
Additionally, staff recommends the agreement to have an option to renew for an additional five
years upon mutual consent of both parties. In continuing with past practice, parking spaces will not
be included with the lease amount as parking behind the Ludwick Community Center is used by
other groups renting the facility and street parking is readily available for free in the area.
FISCAL IMPACT
The proposed annual lease rate of $1,551 in year one, as discussed above, is based on a prorated
share of the annual costs to maintain the Ludwick Community Center less janitorial services. The
lease annual fee (the prorated share for maintenance and utilities based on a cost of $2.35 per
square foot) will be adjusted by the current CPI during the initial lease term. If an extension of
an additional five years occurs the square footage costs that are prorated will be recalculated
and adjusted to create a new “base” annual fee which would be then indexed annually.
C4 - 2
SLO ARTS COUNCIL LEASE AGREEMENT Page 3
ALTERNATIVES
1. Rent the facility to the SLO Arts Council at the full market rate. The City Council could
amend the proposed lease and approve a lease agreement at the full market rent presently
estimated to be $18,612 per year to the SLO Arts Council. This alternative is not
recommended as the building’s use continues to provide support to the community through
public art enhancement. The City Council previously determined that the proposed use by the
SLO Arts Council has a clear and measurable community benefit in alignment with City
goals.
2. Rent the Facility to the SLO Arts Council at a predetermined value. The City Council
could modify the proposed lease and approve a lease agreement with the SLO Art Council in
the amount less than the staff recommended rate of $1,551 annually. This alternative is not
recommended as the current proposal is already below market rate value. Additionally, the
SLO Arts Council has committed this level of funding for the leasing of this space.
3. Request For Proposals to All Local Non-Profits. Over the years non-profits have expressed
interest in leasing various City properties for reduced rents. The property at 1123 Mill Street
is zoned Public Facility and therefore a public agency or quasi-public agency must be the
tenant. However, Council could direct staff to issue a Request For Proposals to qualified
non-profits and offer them an opportunity to propose an appropriate rental amount for the
facility as well as modification to the zoning.
ATTACHMENTS
1. Vicinity Map
2. Resolution
3. Lease Agreement, SLO Arts Council
4. Council Agenda Report, December 13, 2011
\\chstore4\team\council agenda reports\2013\2013-12-10\slo arts council lease agreement (stanwyck-bremer)\car resolution lease agreement between city and slo arts council.docx
C4 - 3
Attachment 1
C4 - 4
R _____
RESOLUTION NO. _____ (2013 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO
APPROVING THE TERMS FOR THE LEASE OF 1123 MILL STREET WITH THE
SAN LUIS OBISPO COUNTY ARTS COUNCIL AND AUTHORIZING THE MAYOR
TO EXECUTE THE LEASE AND ALL NECESSARY SUPPORTING DOCUMENTS
WHEREAS, the San Luis Obispo County Arts Council offers support to the City’s
Public Art program and desires to lease the office space located at 1123 Mill Street; and
WHEREAS, the City of San Luis Obispo owns the commercial property located at 1123
Mill Street (adjacent to the Ludwick Community Center); and
WHEREAS, the City of San Luis Obispo has agreed to lease this space to the San Luis
Obispo County Arts Council for a period of 5 years expiring December 31, 2018; and
WHEREAS, the City has adopted policies on leasing City owned property as part of its
Property Management Manual; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo to:
SECTION 1. The City Council hereby finds as follows:
A. The San Luis Obispo Arts Council provides an important public service and
significant public benefits to the community through its labor and investments to advance the
visual, literary and performing arts through programs that promote public access to the arts,
arts in educational settings, local arts planning and collaboration, and opportunities for artists
and arts organizations.
B. The San Luis Obispo Arts Council’s purpose and programs are consistent with and
support City quality of life, cultural, civic, and economic development goals and objectives
as set forth in the City’s General Plan and Economic Development Strategic Plan.
SECTION 2. In consideration of the public benefits set forth herein, the City Council
approves the five year lease agreement between the City of San Luis Obispo and San Luis
Obispo County Arts Council and authorize the Mayor to execute the lease agreement and all
necessary supporting documentation to effectuate the lease.
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
C4 - 5
Resolution No. _____ (2013 Series)
Page 2
The foregoing resolution was adopted this _____ day of December, 2013.
____________________________________
Mayor Jan Howell-Marx
ATTEST:
____________________________________
Anthony Mejia
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
C4 - 6
San Luis Obispo County Arts Council Lease Agreement
Page 1
FACILITY LEASE AGREEMENT
BETWEEN THE CITY OF SAN LUIS OBISPO AND
SAN LUIS OBISPO COUNTY ARTS COUNCIL FOR LEASE OF PROPERTY AT
1123 MILL STREET
This agreement entered into this _____ day of December, 2013 is made by and between the City of San Luis Obispo ("City") and The San Luis Obispo County Arts
Council (“SLO Arts Council), a non-profit California corporation.
RECITALS
WHEREAS, the City owns the premises commonly described as the Mill Street Office Space at
the Ludwick Community Center, located at 1123 Mill Street in the City of San Luis Obispo, California
("1123 Mill Street Office Space"); and
WHEREAS, the City wishes to provide to SLO Arts Council the occupancy and use of
the 1123 Mill Street Office; and
WHEREAS, 1123 Mill Street is designated as Office/Medium Density Residential in the
City’s General Plan and is Zoned Public Facility (PF); and
WHEREAS, City Property Management Manual 475-C provides guidance for the leasing of
City-owned buildings and real properties and permits the Council to evaluate proposed uses
consistent with City policy objectives on a case by case basis; and
WHEREAS, City Property Management Manual guidelines provide that the proposed use
should be consistent with the goals and objectives of the City's General Plan and not conflict or
preclude any existing or planned City Use; and
WHEREAS, at its December 10, 2013 meeting the City Council considered the request to
renew the SLO Arts Council to lease space in the City facility, and determined that the SLO Arts
Council's request should be approved, and because of the unique status and circumstances of the
SLO Arts Council and because the City Council finds that the proposed use has a clear and
measurable community benefit in alignment with City goals; and
WHEREAS, the City Council authorized the City Manager to negotiate and execute a lease
agreement with the SLO Arts Council, and
Now, therefore, the parties agree as follows:
LEASE PROVISIONS
1.Term of Agreement. The term of this agreement shall be for a period of five years.
The agreement shall begin upon execution by both parties and shall expire on December
31, 2018. By mutual written consent of both parties, the term of this agreement may be
extended for a period of up to five years.
2.Rent. For use of the approximately 660 square feet of office which is located exclusively on
the ground floor of the Mill Street side of the building and which address is 1123 Mill Street
Office ("the Premises"), Arts Obispo shall pay the City a rent of $1551.00 per year. The lease
annual fee (the prorated share for maintenance and utilities based on a cost of $2.35 per
square foot) will be adjusted by the current Consumer Price Index during the initial lease
term. If an extension of an additional five years occurs the square footage costs that are
Attachment 3
C4 - 7
San Luis Obispo County Arts Council Lease Agreement
Page 2
prorated will be recalculated and adjusted to create a new “base” annual fee which would be
then indexed annually.
3.Extent and Condition of the Premises. SLO Arts Council shall accept the Premises "as is".
This agreement shall not obligate the City to guarantee the condition of the Premises, the
suitability of the Premises for SLO Arts Council's intended use, the duration that the Premises
may be safely occupied, or the availability of alternate facilities. Should any occurrence (such
as fire, earthquake, flood, or the need to repair, improve, or use the Premises) necessitate
closing the Premises or a portion of the Premises to the public, Arts Obispo shall have no
recourse against the City for any loss incurred.
4.Cost of Operations. SLO Arts Council shall bear the entire cost of its operations on the
Premises, including:
A.Paying the cost of any maintenance for which SLO Arts Council is responsible;
B.Paying any taxes and fees related to its occupancy of the Premises, including all
possessory interest taxes which may be imposed.
5.Maintenance of the Premises. SLO Arts Council agrees to perform all "housekeeping
tasks" as well as any routine repairs to the premises. Housekeeping tasks shall generally
include routine emptying of wastebaskets, cleaning of windows and doors, removal and or
reporting of graffiti, sweeping of sidewalks in front of the premises, vacuuming and spot
cleaning of carpets, and cleaning of any window blinds.
6.Alterations to Building. SLO Arts Council agrees that it shall have no right to make
alterations to the building during the term of its lease.
7.Fire Inspection. A fire inspection will be completed by the City's Fire Department annually,
and more frequently if necessary. SLO Arts Council shall be responsible for complying with any
corrective notice resulting from such inspections in its portion of the premises.
8.Relationship of Parties. Under this agreement, the City shall be solely and exclusively a
lessor, and SLO Arts Council shall be solely and exclusively a lessee. SLO Arts Council shall
not be considered a partner, agent, officer, or employee of the City. SLO Arts Council's officers,
members, affiliates, volunteers, employees, and independent contractors shall not be
considered agents, officers or employees of the City.
9.Use of Facilities by Outside Parties. In recognition of the below market lease rate, SLO
Arts Council agrees:
A.To use due diligence in encouraging other non-profit groups and organizations to utilize
the facilities whenever not in use by SLO Arts Council. First consideration for use by
others will be given to local non-profit groups. Use of the facility by other groups will be
coordinated with the SLO Arts Council schedule.
B. To prepare an annual report for the City that summarizes the facility's use statistics for
the calendar year and provides an assessment of whether SLO Arts Council is allowing
public use of the facility consistent with the terms of this agreement. This report shall be
due to the City prior to December 31st of each year.
10.Operations Manager. SLO Arts Council will designate a full or part- time operations manager
who will be responsible for meeting the terms of this agreement and assuring the fullest
Attachment 3
C4 - 8
San Luis Obispo County Arts Council Lease Agreement
Page 3
community use of the facility.
11.Assignment. SLO Arts Council shall not assign this agreement to another party without the
City's prior written consent.
12.Waiver. Without affecting any other rights or remedies, Lessor and the Lessee each hereby
release and relieve the other, and waive their entire right to recover damages against the
other, for loss of or damage to its property arising out of or incident to the perils required to be
insured against herein. The effect of such releases and waivers is not limited by the amount of
insurance carried or required, or by any deductibles applicable hereto. The Parties agree to
have their respective property damage insurance carriers waive any right to subrogation
that such companies may have against Lessor or Lessee, as the case may be, so
long as the insurance is not invalidated thereby.
13.Hold Harmless and Indemnification. SLO Arts Council agrees to defend, indemnify, protect
and hold the City and its agents, officers and employees harmless from and against any and all
claims asserted or liability established for damages or injuries to any person or property,
including injury to the Lessee’s employees, agents or officers which arise from or are
connected with or are caused or claimed to be caused by the acts or omissions of the Lessee,
and its agents, officers or employees, arising from or related to the use or occupation of the
Premises under this Agreement, and all expenses of investigating and defending against same;
provided, however, that the Lessee's duty to indemnify and hold harmless shall not include any
claims or liability arising from the established sole negligence or willful misconduct of the City,
its agents, officers or employees. Without limitation, from and after the date of execution of this
Agreement, the SLO Arts Council shall also indemnify and defend City, using counsel
approved by City in its absolute discretion, from any and all third party challenges to this
Agreement or any related entitlement or approval contemplated hereunder.
14.Insurance. SLO Arts Council shall procure and maintain for the duration of the contract
insurance against claims for injuries to persons or damages to property that may arise from
or in connection with the use or occupation of the Premises hereunder by SLO Arts Council,
its agents, representatives, employees, or sub-contractors as defined in Exhibit 1.
15.Termination. If the City determines that SLO Arts Council is not faithfully abiding by any
term or condition of this agreement, the City may send written notification giving SLO Arts
Council a 15-calendar day notice to cure the deficiency. If SLO Arts Council has not cured
the deficiency within the 15 days specified in the notice, that failure shall constitute a breach
of the agreement, and the City may give written notice to terminate the agreement effective
30 calendar days from receipt of the notice.
If the City determines that it needs to use the property at 1123 Mill Street for municipal
government purposes, the City may give written notice to SLO Arts Council to terminate the
agreement effective 30 calendar days from receipt of the notice.
16.Cooperation upon Termination or Expiration. In the event of termination or expiration,
SLO Arts Council shall fully cooperate by relocating its operations before the termination or
expiration date and by entering into this Agreement waives any claim or right to relocation
assistance from the City. By midnight on the termination or expiration date SLO Arts
Council shall remove from the Premises all property in its possession or custody and shall
leave the Premises in a condition as good as when received, excepting normal wear and
tear. Any property remaining on the Premises after the termination or expiration date shall
be deemed abandoned and shall become the property of the City of San Luis Obispo. The
Lessee has no right to retain possession of the Premises or any part thereof beyond the
Attachment 3
C4 - 9
San Luis Obispo County Arts Council Lease Agreement
Page 4
expiration or termination of this Lease. In the event that Lessee holds over, then the rent
hereunder shall be increased to 150% of rent specified herein applicable immediately
preceding the expiration or termination. Nothing contained herein shall be construed as
consent by Lessor to any holding over by Lessee.
17.Notices. All official notices required under this agreement shall be given in writing and
submitted by certified mail, postage prepaid and addressed as follows:
City:City Manager
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Lessee:San Luis Obispo County Arts Council
Executive Director
P.O. Box 1710
San Luis Obispo, CA 93406
18.Enforcement Costs and Attorney's Fees. The prevailing party in any action between the
parties to this agreement brought to enforce the terms of this agreement may recover from
the other party its reasonable costs and attorney's fees in connection with such an action.
19.Entirety and Integrity of Agreement. This document represents the entire and integrated
agreement between the City and SLO Arts Council. This document supersedes and negates
all prior negotiations, representations, agreements, and amendments, either written or oral,
regarding the Premises and the operation of a community performing arts theater on the
Premises. This document may be amended only by written instrument executed by both the
City and SLO Arts Council. All provisions of this agreement are expressly made conditions.
This agreement shall be governed by the laws of the State of California and any action
hereunder shall be venued in the San Luis Obispo Superior Court in the City of San Luis
Obispo, California.
This agreement is executed by the following authorized representatives:
ATTEST: CITY OF SAN LUIS OBISPO,
A Municipal Corporation
__________________________ _____________________________
Anthony J. Mejia, City Clerk Jan Howell Marx, Mayor
APPROVE AS TO FORM: SAN LUIS OBISPO ARTS COUNCIL
_____________________________ _____________________________
J. Christine Dietrick, City Attorney Executive Director
Attachment 3
C4 - 10
Page 5
Exhibit 1 Insurance Requirements
1.SLO Arts Council's personal property, fixtures, equipment, inventory and vehicles are not insured by the City
against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any
other cause. SLO Arts Council is to carry its own property insurance to protect it from any such loss.
2.In addition, SLO Arts Council will carry liability insurance in an amount of not less than $1,000,000.00.
SLO Arts Council's liability insurance shall name the City and the City's agents as additional insured.
3.SLO Arts Council prior to occupancy of the premises shall provide a certificate of insurance establishing
SLO Arts Council's compliance with this insurance requirement. The City shall maintain liability
insurance insuring the City, but not the SLO Arts Council in an amount sufficient to cover the
replacement of the premises.
4.SLO Arts Council is advised to carry business interruption insurance in an amount sufficient to cover its
rental obligation to the City.
5.Both the City and SLO Arts Council's release each other and waive their respective rights to subrogation
against each other, for loss or damage covered by insurance.
Attachment 3
C4 - 11
councIl
aq€nba R€PORt
CITY OF SAN LUIS OBISPO
FROM: Shelly Stanwyck, Parks and Recreation Director
Meeting Oat"
12/13/] 1
SUBJECT: LEASE OF 1123 MILL STREET BY SAN LUIS OBISPO COUNTY ARTS
COUNCIL
RECOMMENDATION
Give staff direction to finalize the negotiations of a lease agreement for 1123 Mill Street by San
Luis Obispo County Arts Council in the amount of $1,294 for one year and authorize the City
Manager to execute the finalized agreement subject to approval by the City Attorney and receipt by
the tenant of a use permit.
DISCUSSION
Background
As part of the City's 2011-13 Financial Plan, the Parks and Recreation Department proposed
leasing a portion of the Ludwick Community Center (LCC), 660 square feet of office space
referred to as 1123 Mill Street (Attachments 1), for lease as a revenue enhancement of
approximately $11,000 per year.
On November 28, 2011 the City received and distributed to Council the attached letter
(Attachment 2) froin San Luis Obispo County Arts Council. San Luis Obispo County Arts Council
is a Countywide Arts Council that supports the visual, literary, and performing arts community
of San Luis Obispo County. The organization in the past has provided input and support to the
City's Public Art Coordinator on public art projects. At this time, San Luis Obispo County Arts
Council is asking to lease the portion of 1123 Mill Street presently offered for lease by the City
for $1,294 per year. This amount reflects the prorata share of maintenance costs for the 660
square-foot office at the LCC.
Direction by Mayor to Place Item on Agenda
In accordance with Council Policies and Procedures the Mayor can direct staff to place items on
future Agendas. On December 2, the Mayor directed staff to place an item on the December 13,
2011 agenda regarding a lease with San Luis Obispo County Arts Council for 1123 Mill Street for
Council's consideration.
City Policy Regarding Leasing to Non Profits
The City's Property Management Manual, Section 475-C (Property Management and Disposal)
provides guidance regarding the leasing of City-owned buildings and real properties. It states
specifically at page 475-10:
B3-1 C4 - 12
Approval of Lease of 1123 Mill Street
LEASES OF CITY-OWNED BUILDINGS AND REAL PROPERTY
The following guidelines apply to leases of City-owned buildings to outside
parties.
Leases with Non-Profit Organizations
Page 2
I. Requestsfor the long-term use of City property by non-profit organizations
should generally follow the same review procedures as the sale or lease of City
property by private for-profit entities.
2. The proposed use should be consistent with the goals and objectives of the
City's General Plan and not conflict or preclude any existing or planned City
use.
3. Any development or operations directly related to the proposed use should
have a clear and measurable community benefit in alignment with City goals,
policies, and plans.
4. Any lease agreements for the use of City property by non-profit organizations
that charge a less than market rate for the City property should include a
provision for community access and/or City use, or operate in close partnership
in the delivery of City services.
5. Lessees will be responsible for all property related use taxes that may be
assessed
Because the City "disposes" of property infrequently the most appropriate process will vary in
each case depending on the circumstances. The guidelines in the Real Property Management
manual state that they are "intended to provide the City with a framework for assessing the best
approach on a case-by-case basis. It is not intended to limit the approaches available to the
City: the overarching principle that should always apply is using an approach that will best
accomplish the City's objectives given the circumstances at the time." There are five basic
approaches that the City usually takes: request for proposals, broker services, exclusive
negotiations, competitive sealed bids or auction (or a combination of these approaches), which
are determined by the Council on a case-by-case basis depending on the circumstances.
Ultimately the most appropriate course of action is a policy decision of the City Council.
Proposed Lease Terms
Should Council wish to enter into a lease with SLO Art Council, a draft Facility Lease for a term
of one year with a one year option to extend is attached (Attachment 4). The amount of rent
proposed is $1,294. That amount is reflective of the annual maintenance and utility costs
(excluding janitorial services, which will not be provided) for this space under consideration at
the LCe. Those costs are $29,812 per year or approximately $1.96 per square foot. The prorata
share for 1123 Mill Street (660 square feet) would be $1,294 per year. San Luis Obispo County
Arts Council would be responsible for all janitorial services in the leased premises. Parking was
not included in the rent amount sought as the parking behind the LCC is often used by large
groups renting the LCC and street parking is readily available for free in the area. An equivalent
parking spot in a long term metered space or lesser used parking structure would cost
approximately $480 to $720 a year. Upon receipt by San Luis Obispo Arts Council of a use permit
B3-2 C4 - 13
Approval of Lease of 1123 Mill Street Page 3
and approval by the City Attorney of the proposed agreement, the City Manager (if authorized by
Council tonight) would execute the final facility lease agreement.
General Plan Consistency Determination & Administrative Use Permit
The property is designated Office/Medium Density Residential in the General Plan and is Zoned
Public Facility (PF). The property has a split land use designation, with the frontage facing
Santa Rosa Street designated Office. Community Development staff has made a preliminary
determination that the proposed use is consistent with the intent of General Plan policies.
Attachment 5 includes relevant General Plan policies for the General Plan designation of Office.
Public Facility (PF) Zone
The property at 1123 Mill Street is zoned PF. Community Development staff have reviewed San
Luis Obispo County Arts Council's correspondence and have preliminarily concluded that it
qualifies as a government office, and is therefore a conditionally allowed use in the PF zone. In
making the determination, staff reviewed the State designation of San Luis Obispo County Arts
Council as the Local Arts Planning Agency and its partnership with the County per Board of
Supervisor's resolution. Typically, non-profit general offices are not allowed in the PF zone
unless they qualifY as a "Government Office" and perform quasi-governmental services.
Government offices are the only type of offices allowed in the PF zone, subject to prior approval
of an Administrative Use Permit. If the City Council authorizes negotiation and execution of a
lease for 1123 Mill Street, it would be subject to the condition that the San Luis Obispo County
Arts Council obtains the requisite use permit. If a use permit application is approved through the
City's normal review processes, the lease with the Arts Council can be executed allowing the
Arts Council to occupy the space.
San Luis Obispo County Arts Council as a Government Office
The designation of San Luis Obispo County Arts Council as a "government office" is unique, but
based on legislative acts and designations by state and county bodies. The San Luis Obispo
County Arts Council has been designated by the County Board of Supervisors and the State of
California as the Local Arts Planning Agencyl under the State-Local Partnership Program2
designed to encourage local cultural planning (see Attachment 3). It is this unique and officially
designated collaboration with the County and State Legislature that qualifies the Arts Council as
a government office. The purpose statement of the PF zone reads, that the "P F zone is intended
to provide for public uses and that public uses are those conducted by governmental or nonprofit
agencies3 ." Non-profits that receive State or local funding only would not qualifY under this
determination unless they carry out quasi-governmental functions. Staff does not believe this
1 A local arts agency is a nonprofit organization, or agency of city or county government, officially designated to provide
financial support, services, andlor other programs to a variety of arts organizations.,
2 The State-Local Partnership Program fosters cultural development on the local level through a partnership between the
California Arts Council and the designated local arts agency' of each county. This partnership includes funding,
cooperative activities, infonnation exchange, and leadership enabling individuals, organizations, and communities to
create, present, and preserve the arts of all cultures to enrich the quality of life for all Californians.
3 17.36.010 Purpose and application.
B3-3 C4 - 14
Approval of Lease of 1123 Mill Street Page 4
determination sets a precedent because of the circumstances unique to the San Luis Obispo
County Arts Council.
FISCAL IMPACT
The approximately 660 square feet of office at 1123 Mill Street was proposed as a revenue
enhancement and "budget balancer" in the 2011-13 Financial Plan by the Parks and Recreation
Department. Revenues were projected at $11,000 per year from 1123 Mill Street in each year of
the 2011-13 Financial Plan. The fiscal impact of this lease at below market rent is $9,706 in lost
revenues annually. As a point of information the property was marketed for lease at a Market
Rate of $1.75 per square foot or $13,860 annually, which represented rent as well as the added
maintenance and utilities costs projected from this use (since the facility is not separately
metered).
ALTERNATIVES
1. Full Market Rent to the San Luis Obispo Connty Arts Council. Council could
modify the proposed lease and approve a lease agreement with San Luis Obispo County
Arts Council at full market rent or approximately $13,860 per year consistent with the
market rate the property was listed for rent.
2. $1.00 per Year. Council could modify the proposed lease and approve a lease agreement
with San Luis Obispo County Arts Council in the amount of $1.00 per year.
3. Request For Proposals to All Local Non-Profits. Over the years many nonprofits have
expressed interest in leasing various City properties for reduced rents. No nonprofits
were contacted when staff "listed" 1123 Mill Street for lease because the property was
proposed to be leased for added revenues, it is zone Public Facility and therefore a public
agency or quasi-public agency must be the tenant. However, Council could direct staff to
issue a RFP to qualified Non-Profits and offer them an opportunity to propose an
appropriate rental amount for the facility as well as modification to the zoning.
4. Continue to Seek a Tenant at Market Rate. If San Luis Obispo County Arts Council
does not want to pay Market Rent, and Council desires that the property be leased at the
current market rate, Council could direct staff to not lease to San Luis Obispo County Arts
Council and continue to seek an appropriate Tenant for market rent.
ATTACHMENTS
1. "For Lease Flyer"
2. Letter of Interest from San Luis Obispo County Arts Council
3. Board of Supervisors Resolution 2011-127
4. Proposed Lease Agreement
5. General Plan Policies
T:\Council Agenda Reports\Parks & Recreation CAR\2011 P&R CARs\ Arts Obispo Lease 1123 Mill CAR
B3-4 C4 - 15
ATTACHMENT j
IIIIIP.I city o~
</.& san lUIS OBISpO
paRks anb R€CR€atlOn b€paRtm€nt
Premier downtown location. Close to government buildings, restaurants and shopping.
Suite size 660 Sq. Ft. with two offices, conference room, kitchenette, restrooms and fiber optic service.
Call for more details.
Corner of Mill and Santa Rosa Street adjacent to the Ludwick Community Center.
Total Space Available:
660 SF Rental Rate: $1.75/SF/Year Min.
Type: Public Facility, Sub·type: Office Building
Parcel info 002·325·001
Zoning PF
Last Verified 8/30/2011
Contact: James Bremer
(805) 781-7295
jbremer@slocity.org
1 Space Available Display Rental Rate
$1.75/SF/Year
$13860.00 Amt/Year
$1155.00 Amt{Month
Space Available: 660 SF Rental Rate: ($1.75) /SF/Month
Space Type: Office Building Lease Type: /SF/Month
$1155.00 {YearS 13860.00
Parking Spaces subject to negotiation
B3-5 C4 - 16
ARTS
OBISPO
Son LU;5 Obhpo County
Arts CouncH
PH Box 1710
San Luis Obispo, CA
93406
Phone: (80S) 544··9251
Fax: (805) 544-1522
office@artsobispo.org
Wv.-v.'.artsobispo.otg
Board of DirectoJ'$
Mary Kay J-Iarrirtgton
President
Julie frankel
'vice~Prt'!>idem
Jane Voigts
Secretary
JanoKray
TtL"a!!Urer
Gordon Fuglie
CrisS;l. Hewitt
Richard Mortensen
Kathleen Waddell
J!lflct Wallace
H(j1/orary
.\nnRo;.'llm
Staff
Charlotte Alexander
fixl'mliiJ: Dire.1or
Jennll Hartr.cll
Pro,x,mm [)ir?dor
Ba-rbarJ. Radm;ch
ArU in F..d"adWn Coardin4lor
November 23, 2011
To the members of the San Luis Obispo City Council:
The San Luis Obispo County Arts Council, also known as ARTS Obispo,
is seeking approval to lease office space owned by the City of San Luis
Obispo at 1123 Mill Street in downtownSan Luis Obispo.
At this time we understand from City staff that the zoning of the property
allows for our organization's occupancy and use of the site. Assuming we
receive approval to lease the space, we are asking for consideration of a
reduction in the advertised rental rate, perhaps similar to that received by
other City cultural partners, including the San Luis Obispo Museum of Art.
It was determined less than a month ago that we must leave our current
office/gallery space in the Creamery in downtown San Luis Obispo no later
than December 31,2011. We have been actively seeking alternative space
since then, so expedited consideration of this request would be greatly
appreciated. We put the word out to our extensive network of creative
people that we are in need of approximately 600 sq. ft. of office space
(donated if possible), and the availability of 1123 Mill Street was brought to
our attention. Please note that we are NOT seeking gallery space at this
time -only general office space to house edministrative and program staff.
This property seems ideal in terms of size, facilities, and location in the
downtown area of the County seat.
The San Luis Obispo County Arts Council has long partnered with the City
of San Luis Obispo to advance the arts, including the very popular Art After
Dark and Open Studios Art Tour, as well as the collaborative Art in Public
Places program. We contribute to the richness of the City's cultural
activities as well, helping to bring tourist dollars into the community.
We are a 501 (c)3 not-for-profit public benefit organization dedicated to
advancing the visual, literary and performing arts in San Luis Obispo
County, specifically in the areas of arts in education, public access to the
arts and opportunities for artists. The County of San Luis Obispo has
designated us as the County's Local Arts Planning Agency for the purpose
of acting as a comprehensive community arts organization. We act in
partnership with the California Arts Council to foster cultural development
on the local level through funding, cooperative activities, information
exchange, and leadership -enabling individuals, organizations, and
communities to create, present, and preserve the arts of all cultures to
enrich the quality of life for residents and visitors.
As we begin celebrating 30 years of service to San Luis Obispo County in
2012, the Board of Directors of the Arts Council is re-visiting our vision and
mission statements. With an emphasis on collaboration and partnership,
the Board is looking to create a sustainable operating model in 2012 and
develop a long-term strategic plan to better serve the needs of the visual,
literary and performing arts community. Please consider partnering with us
to make that happen in 2012 and beyond.
Sincerely, . // . ~ /
-/ltUt7f/~~~J~C
Mary K H~, President
Board f Directors
cc: Katie Uchtig, City Manager
Advancing the Arts in San Luis Obispo County
ATTACHMENT 2
B3-6 C4 - 17
IN THE BOARD OF SUPERVISORS
COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA
Tuesday May 3 2011
PRESENT: Supervisors Frank Mecham, Bruce S. Gibson, Paul A. Teixeira, James
R. Patteraon and Chairperson Adam Hill
ABSENT: None
RESOLUTION NO. 2011-127
RESOLUTION OF THE BOARD OF SUPERVISORS
OF THE COUNTY OF SAN LUIS OBISPO
APPROVING PARTICIPATION IN THE 2011-12
STATE·LOCAL PARTNERSHIP PROGRAM
DESIGNAnNG THE LOCAL ARTS PLANNING AGENCY
AND APPROVING AND AUTHORIZING EXECUTION OF A
GRANT CONTRACT WITH THE CALIFORNIA ARTS COUNCIL
The following resolution is now offered and read:
WHEREAS, the Caldornia Arts Council and the California Legislature have
established a State-Local Partnership Program (the "Program") designed to encourage
local cultural planning and decisjon~makjng and to reach previously underserved
constituencies; and
WHEREAS, the State-Lo.cal Partnership Program requires a mandatory match, at a
level of 1: 1, which may be from either public or private sources; and
WHEREAS, pursuant to the 1980-81 Program Guidelines, the Board of Supervisors
of the County of San Luis Obispo (the "Board of Supervisors") designated the San Luis
Obispo County Arts Council as the Local Arts Planning Agency under the Program for the
purpose of acting as a comprehensive community arts organization; and
WHEREAS, said plan was finalized by Board Resolution No. 84-113 and approved
by the State of California; and
WHEREAS, the Board of Supervisors and the San Luis Obispo County Arts Council
(together defined as the "Local Partner") are now eligible to apply for and receive a grant
for continued planning and input from interested citizens in local arts program activities.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED, by the Board of
Supervisors of the County of San Luis Obispo, Slate of Caldornia as follows:
Section 1: The Board of Supervisors hereby approves participation by the Local
Partner designated for 2011-12 as itself and the San Luis Obispo County Arts Council, in
the 2010-2011 State-Local Partnership Program.
Section 2: The Board of Supervisors hereby authorizes and directs the Arts Council
Administrator, San Luis Obispo County Arts Council, to execute the Grant Contract on
behalf of the Local Partnership and submit said contract to the State-Local Partnership
. Program Grant Review and Advisory Panel.
Section 3: During the County's annual budget hearings, the Board of Supervisors
may consider funding for the San LuiS Obispo Arts Council in an amount up to $41,000 or
on an equal match basis.
B3-7 C4 - 18
Upon motion of Supervisor ...,M"e"'c"'h"'am"'--__________ , seconded by
Supervisor Gibson , and on the following roll call vote, to wit:
AYES: Supervisors Mecham, Gibson, Teixeira, Patterson and Chairperson Hill
NOES: None
ABSENT: None
ABSTAINING: None
the foregoing resolution is hereby adopted.
Chairman of the Board of Supervisors
ATTEST:
Julie L. Rodewald
Clerk of the Board of Supervisors
By ~lt~ DePUtYefk
APPROVED AS TO FORM AND LEGAL EFFECT:
WARREN R. JENSEN
County Counsel
By: Is/Rita L. Nea'
Assistant County Counsel
Date: 4120/2011
,.,_ ............... m."~~ .. H ........ ,~ •• __ •••••• M ••• H ..... M~n.............. . ...... M ............ M .... " ............ ,
i STATE OF CAUFORNIA) 55,
! COUNTY Of SAN lUIS OBISPO ! I, JULIE L. RODEWALD. County Clerk of the above entitled
1 County, and Ex..()fflclo Clerk of the Board of Supervisors
j thereof, do hereby certify the foregoing to be a full, true
! and correct copy of an order entered in the minutes of said I Board of Supervisors, and now remaining of record in my
. office.
1 Wltne~s, my hand and seal of said Board of Supervisors this
! 4th day of May I 2011. I JULIE l. RODEWALD. County Clerk and Ex-Officio Clerk of the
Board of Supervisors
By: 9nntt~ t"l~~
L ..... n~ .... _ .... H''' ... ''.'H ... =~m_ .. ~:'~,~_ ..... ~ .... __ .n.n_ .... _,. .. H.".HN ....... ~..!
B3-8 C4 - 19
ATTACHMENT 4
DRAFT FACILITY LEASE AGREEMENT
BETWEEN THE CITY OF SAN LUIS OBISPO AND
SAN LUIS OBISPO COUNTY ARTS COUNCIL SAN LUIS OBISPO COUNTY ARTS COUNCIL
FOR LEASE OF PROPERTY AT
1123 MILL STREET
This agreement entered into this day of , 2011 is made
by and between the City of San Luis Obispo ("the City") and The San Luis Obispo County Arts
Council, a non-profit California corporation"
WHEREAS, the City owns the premiSeSG~~W;OnIY des~;i~~~ias the Mill Street Office
Space at the Ludwick Community Center, loc~lteilijat 1123 Mill StreEHiJ"l.t~e City of San Luis
Obispo, California ("1123 Mill Street Office SpaG~"); and ""
WHEREAS, the City wishes to provide to SanLl.li~nDbispo County Arts Council the
occupancy and use of the 1123 Mill StneetOffice; and
;;. , ,.
WHEREAS, 1123 Mill Street is d~~ignat~cfiOffice/Medium Density Residential in the
General Plan and is ZonedJluI~lic FacilityWf); and'; <fifi
WHEREAS, citYil~r:operty;Mflmageme~tiiM~WJ~jl ~~~~miProvides guidance for the leasing
of City-owned buildingsandi,real pr<'jperties andH~~rmits the Council to evaluate proposed uses
consistent with City policy d~~~ti\(e~i:0,lljgcase 6~IQilSe basis; and "
;;lill! :;~T· lllHllilWJJ!:Hlliw:;", ill;L WHlijmWA~:,i8itY'pr~pert~i~~/lage~~\'iiM~~1l~1 guidelines provide that the proposed use
should be (lo'nsistent with"thegoals B'l11d. objectives of the City's General Plan and not conflict or
preclude anye)(i~ting or planned CityWse; and
WHEREAS',at its December 13, 2011 meeting the City Council considered the request
of the San Luis Obisp(li~rts Couliil:;tI to lease space in the City facility, and determined that the
San Luis Obispo Arts C~1Uncil'sJ~qllest should be approved, subject to approval of an
Administrative Use Permit;:6eQalirse of the unique status and circumstances of the San Luis
Obispo Arts Council and because the City Council finds that the proposed use has a clear and
measurable community benefit in alignment with City goals; and
WHEREAS, the City Council authorized the City Manager to negotiate and execute a
lease agreement with the San Luis Obispo Arts Council, subject the Arts Council applying for
and obtaining and Administrative Use Permit, and subject to final lease approval by the City
Attorney; and
WHEREAS, the San Luis Obispo Arts Council has submitted an application for and
received approval of an Administrative Use Permit for its proposes use of the City facility; and
B3-9 C4 - 20
ATTACHMENT 4
Arts Obispo New Lease Agreement Page 2
WHEREAS, the Community Development Director has determined that the proposed
use is consistent with the City's General Plan; and
WHEREAS, the Community Development Director has determined that the proposed use
is consistent with Section 17.36.010 of the City of San Luis Obispo Municipal Code.
Now, therefore, the parties agree as follows:
LEASE PROVISIONS
1. Term of Agreement. The term of this agreement shall start upon execution by both
parties and expire on Dece·mber 31,2012. By mutual written consent of both parties, the
term of this agreement may be extended a period of one year.
2. Rent. For use of the approximately 660 square feet of office which is located exclusively
on the ground floor of the Mill Street side of the building and which address is 1123 Mill
Street Office ("the Premises"), Arts Obispo shall pay the City a rent fixed at $1,294 per
year (the prorate share for maintenance and utilities based on a cost of $1.96 per square
foot) for the lease term.
3. Extent and Condition of the Premises. San Luis Obispo County Arts Council shall
accept the Premises "as is". This agreement shall not obligate the City to guarantee the
condition of the Premises, the suitability of the Premises for San Luis Obispo County Arts
Council's intended use, the duration that the Premises may be safely occupied, or the
availability of alternate facilities. Should any occurrence (such as fire, earthquake, flood,
or the need to repair, improve, or use the Premises) necessitate closing the Premises or·
a portion of the Premises to the public, Arts Obispo shall have no recourse against the
City for any loss incurred.
4. Cost of Operations. San Luis Obispo County Arts Council shall bear the entire cost of
its operations on the Premises, including:
A. paying the cost of any maintenance for which San Luis Obispo County Arts
Council is responsible;
B. paying any taxes and fees related to its occupancy of the Premises, including all
possessory interest taxes which may be imposed.
5. Maintenance of the Premises. San Luis Obispo County Arts Council agrees to perform
all "housekeeping tasks" as well as any routine repairs to the premises. Housekeeping
tasks shall generally include routine emptying of wastebaskets, cleaning of windows and·
doors, removal and or reporting of graffiti, sweeping of sidewalks in front of the premises,
vacuuming and spot cleaning of carpets, and cleaning of any window blinds.
B3-10 C4 - 21
Arts Obispo New Lease Agreement p~V~~HMENT 4
6. Alterations to Building. San Luis Obispo County Arts Council agrees that shall have no
right to make alterations to the building during the term of its lease.
7. Fire Inspection. A fire inspection will be completed by the City's Fire Department at
least annually, and more frequently if necessary. San Luis Obispo County Arts Council
shall be responsible for complying with any corrective notice resulting from such
inspections in its portion of the premises.
8. Relationship of Parties. Under this agreement, the City shall be solely and exclusively
a lessor, and San Luis Obispo County Arts Council shall be solely and exclusively a
lessee. San Luis Obispo County Arts Council shall not be considered a partner, agent,
officer, or employee of the City. San Luis Obispo County Arts Council's officers,
members, affiliates, volunteers, employees, and independent contractors shall not be
considered agents, officers or employees of the City.
9. Use of Facilities by Outside Parties. In recognition of the below market lease rate,
San Luis Obispo County Arts Council agrees:
A. To use due diligence in encouraging other groups and organizations to utilize the
facilities whenever not in use by San Luis Obispo County Arts Council. First
consideration for use by others will be given to local non-profit groups. Use of the
facility by other groups will be coordinated with the San Luis Obispo County Arts
Council schedule.
B. To prepare an annual report for the City that summarizes the facility's use
statistics for the calendar year and provides an assessment of whether San Luis
Obispo County Arts Council is allowing public use of the facility consistent with the
terms of this agreement.
10. Operations Manager. San Luis Obispo County Arts Council will designate a full or part-
time operations manager who will be responsible for meeting the terms of this agreement
and assuring the fullest community use of the facility.
11. Assignment. San Luis Obispo County Arts Council shall not assign this agreement to
another party without the City's prior written consent.
12. Subrogation Waiver. The City and San Luis Obispo County Arts Council release and
relieve each other and waive their entire rights of recovery against each other for damage from
perils covered by their property insurance, whether due to the negligence of the City, San Luis
Obispo County Arts CounCil, their agents, their officers, their employees, or their guests.
13. Hold Harmless and Indemnification. San Luis Obispo County Arts Council agrees to
defend, indemnify, protect and hold the City and its agents, officers and employees
harmless from and against any and all claims asserted or liability established for damages
or injuries to any person or property, including injury to the Contractor's employees, agents
or officers which arise from
B3-11 C4 - 22
ATTACHMENT 4
Arts Obispo New Lease Agreement Page 4
or are connected with or are caused or claimed to be caused by the acts or omissions of
the Contractor, and its agents, officers or employees, in performing the work or services
herein, and all expenses of investigating and defending against same; provided, however,
that the Contractor's duty to indemnify and hold harmless shall not include any claims or
liability arising from the established sole negligence or willful misconduct of the City, its
agents, officers or employees. Without limitation, from and after the date of execution of
this Agreement, the San Luis Obispo Arts Council shall also indemnify and defend City,
using counsel approved by City in its absolute discretion, from any and all third party
challenges to this Agreement or any related entitlement or approval contemplated
hereunder.
14. Insurance. San Luis Obispo County Arts Council shall procure and maintain for the
duration of the contract insurance against claims for injuries to persons or damages to
property that may arise from or in connection with the performance of the work
hereunder by San Luis Obispo County Arts Council, its agents, representatives,
employees, or sub-contractors as defined in Exhibit 1.
15. Termination. If the City determines that San Luis Obispo County Arts Council is not
faithfully abiding by any term or condition of this agreement, the City may send written
notification giving San Luis Obispo County Arts Council a 15-calendar day notice to cure
the deficiency. If San Luis Obispo County Arts Council has not cured the deficiency
within the 30 days specified in the notice, that failure shall constitute a breach of the
agreement, and the City may give written notice to terminate the agreement effective 30
calendar days from receipt of the notice.
If the City determines that it needs to use the property at 1123 Mill Street for municipal
government purposes (such as civic center expansion), the City may give written notice
to San Luis Obispo County Arts Council to terminate the agreement effective 30 calendar
days from receipt of the notice.
16. Cooperation upon Termination or Expiration. In the event of termination or
expiration, San Luis Obispo County Arts Council shall fully cooperate by relocating its
operations before the termination or expiration date and by not seeking relocation
assistance from the City. By midnight on the termination or expiration date San Luis
Obispo County Arts Council shall remove from the Premises all property in its possession
or custody and shall leave the Premises in a condition as good as when received, .
excepting normal wear and tear. Any property remaining on the Premises after the
termination or expiration date shall be deemed abandoned.
17. Notices. All official notices required under this agreement shall be given in writing and
submitted by certified mail, postage prepaid and addressed as follows:
To the City: City Administrator
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
B3-12 C4 - 23
Arts Obispo New Lease Agreement
To San Luis Obispo County Arts Council: President
San Luis Obispo County Arts Council
P.O. Box 1710
San Luis Obispo, CA 93406
ATTACHMENT 4
Page 5
18. Enforcement Costs and Attorney's Fees. The prevailing party in any action between
the parties to this agreement brought to enforce the terms of this agreement may recover
from the other party its reasonable costs and attorney's fees in connection with such an
action.
19. Entirety and Integrity of Agreement. This document represents the entire and
integrated agreement between the City and San Luis Obispo County Arts Council. This
document supercedes and negates all prior negotiations, representations, agreements,
and amendments, either written or oral, regarding the Premises and the operation of a
community performing arts theater on the Premises. This document may be amended
only by written instrument executed by both the City and San Luis Obispo County Arts
Council. All provisions of this agreement are expressly made conditions. This
agreement shall be governed by the laws of the State of California.
This agreement is executed by the following authorized representatives:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
CITY OF SAN LUIS OBISPO,
A Municipal Corporation
Katie Lichtig, City Manager
SAN LUIS OBISPO COUNTY ARTS COUNCIL
B3-13 C4 - 24
Attachment S
The following General Plan policies provide specific guidance on use of properties related to
quasi-governmental and art facilities for properties designated in the General Plan as Office.
3.4 Offices
3.4.1 Purpose and Included Uses
The City should have sufficient land for Office development to meet the demands of City residents
and the specialized needs of County residents. Office development inc Iud e s professional
and fin a n cia I s e r vic e s (such as doc tor s, architects, and insurance companies and banks)
and government agencies. The City should retain the regional offices of state and federal agencies. Not
all types of offices are appropriate in all locations. (See office location policies below. Also see the
Public Facilities section).
3.4.2 Office Locations
A. All types of offices are appropriate in the downtown General Retail district, but are discouraged
at street level in storefronts of the commercial core.
B. All types of office activities are appropriate in the Office district which surrounds the
downtown commercial area, though offices needing very large buildings or generating substantial
traffic may not be appropriate in the area which provides a transition to residential neighborhoods.
C. Medical services should be near the hospitals, and may also be located in other
commercial areas of the City.
D. Government social services and the regional offices of state and federal agencies
should be near the intersections of South Higuera Street, Prado Road, and Highway 101
(Figure 5);
E. Offices having no substantial public visitation or need for access to downtown government
services may be in Services and Manufacturing districts.
F. Certain bus i n e s s and professional services having no substantial public visitation or
limited need for access to downtown government services may be in Services and Manufacturing
districts. Examples of such uses are computer services, utilities engineering and administration,
architects and engineers, industrial design, advertising, building contractors, labor and
fraternal organizations, veterinarians, and insurance and financial services that do not directly
serve retail customers,
G. Certain business and professional services with limited need for access to downtown
g:MiITlTfft services may be located in areas that are away from the downtown, and designated
Community Commercial. Appropriate types of offices inc Iud e those that provide direct
"over-the-counter" services to customers and clients, Professional offices may also be
appropriate, particularly above the ground floor.
5.1.9 Different Offices
Government and private activities of types not listed in policies 5,1.4, 5.1,5, and 5.1,6 may be established
in these identified areas, so long as they are compatible with and do not displace the government
functions which should be located in the area
5.2.1 Cooperation
The City should cooperate with other agencies and with community groups to help provide facilities for a
library, and for arts and sciences which meet broad community cultural needs,
5.5 Community Arts Support
The City will continue to support community arts programs through a variety of means, such as loans,
grants, and help in obtaining sites.
B3-14 C4 - 25
Page intentionally left
blank.
C4 - 26