HomeMy WebLinkAbout12-01-2015 Item 09 - Extension of Laguna Lake Golf Course Concessionaire Lease Agreement with Achievement House and Reduction of Rental Payment
Meeting Date: 12/1/2015
FROM: Shelly Stanwyck, Parks and Recreation Director
Prepared By: Melissa C. Mudgett, Parks and Recreation Manager
SUBJECT: EXTENSION OF THE LAGUNA LAKE GOLF COURSE
CONCESSIONAIRE LEASE AGREEMENT WITH ACHIEVEMENT
HOUSE, INC. AND REDUCTION OF RENTAL PAYMENT
RECOMMENDATION
As recommended by the Parks and Recreation Commission:
1. Eliminate rental payments during the initial term of the Amended Concessionaire Agreement
between the City and Achievement House, Inc; and
2. Authorize Amendment No. 2 to Agreement which approves an extension of the
Concessionaire Lease between the City and Achievement House through October 19, 2019 at
a rental rate of $1,800 per annum.
DISCUSSION
Background
On October 19, 2010 the City Council approved an amended Concessionaire Agreement with
Achievement House, Inc. (Attachment A). This agreement reflects a mutually beneficial
partnership between the City and the Achievement House to provide food and beverage
concessions at the Laguna Lake Golf Course while providing for an array of vocational services
and workplace skills to developmentally disabled adults.
The approved Concessionaire Agreement allowed the offset of the costs of kitchen facility
improvements at the golf course against “rent”. The initial term of the agreement runs to late
October 2016 and has an optional three-year extension. Achievement House has requested an
amendment to the current Concessionaire Agreement which would eliminate any rent payments
for the remainder of the initial term and minimal rent during the allowed extension.
Achievement House, Inc.
Achievement House is a 501(c)3 non-profit corporation based in San Luis Obispo, which
provides employment opportunities, skills development and workplace integration for
developmentally disabled adults. Currently, Achievement House provides concessionaire
services to the several Central Coast communities with the 11th Hole Grill at the Laguna Lake
Golf Course, Orange Dog Café in Atascadero, Café Bob at Camp Roberts Military Base and the
Grub Hub Concessionaire Stand at the Santa Maria Transportation Center. Achievement House
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has been successfully operating the 11th Hole Grill since 2011 and has played a role in the daily
operations at the Laguna Lake Golf Course. Achievement House desires to continue to lease the
premises at Laguna Lake Golf Course and the current lease arrangement has proven mutually
beneficial for both the City and the community.
Elimination of Rental Payment During Initial Lease Term
Per the Amended Concessionaire Agreement, all of the kitchen facility improvements for the 11th
Hole Grill (estimated at $60,000 upon amendment) were to be performed and paid-for by the
Achievement House as a condition of the Agreement. The amount expended for facility
improvements was to be credited by the City against the monthly lease obligation of
$1,250/month and should be equal to the amount expended for the building improvements.
Based upon Achievement House’s original investment estimate of $60,000, the lease credit
would be given for four years until which time the monthly base-rate of $1,250 would apply.
However, the costs to improve the building site (kitchen, club house and restaurant equipment)
significantly exceeded the original estimate by $20,000; with a total facility improvement cost of
$85,000. In addition, Achievement House was delayed occupancy and did not assume residence
of the kitchen to become fully operational until late March 2011. Based upon this information
and the intent of the Amended Agreement, staff recommends allowing the rental credit term run
the length of the initial term of the Amended Concessionaire Agreement until October 19, 2016.
Request for Extension of Concessionaire Agreement
The Achievement House has expressed to the City Council its concern about the financial
investment needed to operate the 11th Hole Grill as along with limited concessionaire sales. Both
have significantly impacted Achievement House’s ability to pay the monthly lease fee originally
agreed to (Attachment B). At this time, Achievement House is requesting the Council allow it to
have a credit for rental payments during the initial term of the Amended Concessionaire
Agreement and to recommend the approval of the three-year extension at a reduced lease rate of
$1,800 per year.
Proposed Amendment Number Two and Extension
The proposed Amendment Number Two to the Achievement House Concessionaire Agreement
is provided and is consistent with the City’s guidelines for leases of City-owned buildings and
real property. The base lease is proposed at $1,800 annually and reflects the true costs of annual
gas utilities used for concessionaire operations at the Laguna Lake Golf Course. Parks and
Recreation staff is recommending an annual Consumer Price Index (CPI) evaluation of the gas
utility costs occurring each July 1. The Amendment Number Two also extends the initial term
of the Amended Concessionaire Agreement to October 19, 2019.
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 and is
summarized below:
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
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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.
CONCURRENCES
The Parks and Recreation Commission met on November 4, 2015 and provided input on
proposed changes to the Concessionaire Agreement (Attachment D, Meeting Minutes). The
Parks and Recreation Commission unanimously supported the elimination of rental payments for
Achievement House during its initial term as well as Council’s authorization of a contract
extension with Achievement House at a reduced rate.
Parks and Recreation staff have met with Achievement House representatives to discuss the
proposed amendments to the Concessionaire Agreement. Achievement House concurs with the
terms of the agreement amendment as proposed.
FISCAL IMPACT
Achievement House lease revenues were not calculated into the Parks and Recreation
Departments’ revenue projections for the 2015-17 Financial Plan as a request for relief from
them was received during the forecasting of said revenues. The proposed annual lease rate of
$1,800, during the Extension Term, as discussed above, is based on the average annual gas utility
costs to maintain the Laguna Lake Golf Course concessionaire services. The annual lease fee
will be adjusted by the current CPI during the extension term. Upon the expiration of the
agreement term in October 2019, the agreement terms will be reviewed and recommendations
provided to the Parks and Recreation Commission and the City Council for consideration.
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ALTERNATIVES
1. Seek Requests for Proposals. The Council could choose to deny the extension of the
Concessionaire Agreement with Achievement House and direct staff to pursue to
proposals for these services. Staff does not recommend this alternative. In 2008, a
Request for Proposals for concessionaire at the golf course yielded no responses. T he
current concessionaire, Achievement House, has provided an equally beneficial service to
the golf course since 2010.
2. Deny Modification to Rental Payments. The City Council could amend the proposed
Concessionaire Agreement, denying a reduction in rental fees, and approve a lease
agreement at the full market rent of $1,250 per month or $15,000 annually to the
Achievement House. This alternative is not recommended as Achievement House has
significantly invested in the facility improvements necessary to conduct concessionaire
services at this location. Additionally, the City Council has previously determined that
the proposed used by the Achievement House has a clear and measurable community
benefit in alignment with City goals.
Attachments:
a - CAR 10.10.10
b - Council Corresp_AH
c - Amendment No 2 to Agreement
d - PRC Minutes 11.4.15
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ACHIEVEMENT
HOUSE, INC.
RECEIVED
MAY 282015
S1.O CITY CLERK
May 26, 2015
Mayor Jan Howell Marx
City Council Members COUNCIL MEETING:
City of San Luis Obispo ITEM NO.: 990 Palm Street 21
San Luis Obispo, CA 93401
RE: Amendment to concessionaire agreement with Achievement House I/Inc
Dear Mayor Marx and City Council Members,
Achievement House, Incorporated (AHI) is requesting an amendment to the current
concessionaire agreement for food and beverage services it provides at the Laguna Lake
Golf Course.
The current agreement has the implementation of a $1,250 /month rent at year 5 of an
initial 7 year term, once building improvements and equipment necessary to operate a
concessionaire have been completed. This was based on the original investment estimate
to be $60,000 ($1,250 times 48 months equals $60,000) and, thus, rent credit given for 4
years.
However, the initial and continual costs to improving the building site (i.e., kitchen and club
house) and equipment has exceeded $60,000 and is closer to $85,000.
The agreement also has retail revenue sharing if Achievement House earns a net of
50,000 per year in the first four years of the contract. This has not been the case in that
the first year the concessionaire operated in the red (- $5,300) and the last three years has
netted an average of $17,000 (based on program fees and retail revenue). Average retail
per month currently is $1912.50.
Based on these numbers (increased financial investment to operate, as well as limited
concessionaire sales) Achievement House, Inc. is requesting the City Council to amend
the current agreement to waive the rent of $1,250 /month and revenue sharing for the
remaining 3 years of the agreement. Achievement House, instead, is proposing to relook
this at the three year extension (year 7) and base rent on retail sales per month (i.e., if
retails hits $3,000 /month rent will be 10% of sales, $300).
The 11th Hole Grill at the Laguna Lake Golf Course is an important venue in AHI's
vocational training program for adults with developmental disabilities and appreciates the
City's support of our mission.
With the new programs and ideas the Parks and Recreation Department is looking to
implement at the Laguna Lake Golf Course, Achievement House is excited about the future
and hopes the City Council will consider this amendment.
Respectfully yours,
Crystal Nevosh, M.S.
Executive Director
Achievement House, Inc.
ACHIEVEMENT HOUSE INC.
3003 CUESTA COLLEGE ROAD I SAN LUIS OBISPO, CA 93405 1 PHONE: 805.543.9383 1 FAx: 805.543.9384 1 www,achievementhouse.org
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AMENDMENT Number 2
To the AGREEMENT TO PROVIDE CONCESSIONAIRE SERVICES FOR THE LAGUNA LAKE
GOLF COURSE
This Amendment Number Two is made and entered into in the City of San Luis Obispo on
______________, 2015 by and between the CITY OF SAN LUIS OBISPO, a municipal corporation,
hereinafter referred to as City, and ACHIEVEMENT HOUSE, INC., hereinafter referred to as Lessee.
1. TERM. The term of this Agreement shall be from the date this Agreement is made and
entered, as first written above, for three years, as mutually agreed upon by the City and Lessee;
extending the full contract term to 10 years. This Concessionaire Agreement is set to expire on
December 1, 2018.
2. RENT. For use of the kitchen facilities which is located at the Laguna Lake Golf Course and
which address is 11175 Los Osos Valley Road (“the premises”), the Lessee shall pay rent of
$1,800 per year. The lease annual fee (the average gas utility cost to maintain the restaurant
facilities) shall be adjusted annually each July 1 by the current Consumer Price Index during the
3-year extension of the term. The annual lease fee shall be paid to the City by December 1 of
each year.
All other terms and conditions of the Concessionaire Agreement and Amendment No. 1 shall remain in
full force and effect and are mutually agreed to continue as originally executed.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year
first written above.
ATTEST: CITY OF SAN LUIS OBISPO,
A Municipal Corporation
__________________________ _____________________________
Jon Ansolabehere, Interim City Clerk Jan Marx, Mayor
APPROVE AS TO FORM: ACHIEVEMENT HOUSE, INC.
_____________________________ _____________________________
J. Christine Dietrick, City Attorney Crystal Nevosh, Executive Director
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City of San Luis Obispo, Title, Subtitle
1
Council Chambers
990 Palm Street
San Luis Obispo, CA 93401
Wednesday, November 4, 2015, 5:30 p.m.
CALL TO ORDER: Chair Whitener called the meeting to order at 5:32 p.m.
ROLL CALL: Chair Jeff Whitener, Vice Chair Ron Regier and Commissioners Ryan Baker,
Susan Olson, Michael Parolini, Douglas Single and Susan Updegrove
ABSENT: None
COUNCIL: None
STAFF: Shelly Stanwyck, Melissa Mudgett, Bob Hill, Lindsey Stephenson, Devin
Hyfield, Marcus Carloni, John Rickenbach (Contract Planner), Pam Ricci
(Consultant)
Public Comment
None
1. CONSENT AGENDA
A. CONSIDERATION OF MINUTES (Committee)
Motion: (Regier/Updegrove) Approve Meeting Minutes of September 2, 2015 as amended.
Approved: 7 yes: 0 no: 0 absent
B. CONSIDERATION OF MINUTES (Committee)
Motion: (Regier/Updegrove) Approve Meeting Minutes of October 7, 2015 as amended.
Approved: 7 yes: 0 no: 0 absent
C. CONSIDERATION OF AMENDMENT TO JOINT USE AGREEMENT WITH
SCHOOL DISTRICT (Shelly)
Motion: (Regier/Updegrove) Recommend to Council approval of the amendment to the Joint
Use Agreement with the School District.
Approved: 7 yes: 0 no: 0 absent
D. CONSIDERATION OF AMENDMENT TO THE ACHIEVEMENT HOUSE
CONCESSIONAIRE AGREEMENT (Mudgett)
Motion: (Regier/Updegrove) Recommend to Council approval to extend the term of the
agreement with the Achievement House at a reduced rate for concessionaire services at the
Laguna Lake Golf Course.
Approved: 7 yes: 0 no: 0 absent
Meeting Minutes
Parks and Recreation Commission 9.d
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City of San Luis Obispo, Title, Subtitle
2
E. CONSIDERATION OF USE AGREEMENT FOR SLO STADIUM WITH SLO
BLUES BASEBALL (Hyfield)
Commissioner Parolini recused himself from discussions regarding Consent item E.
Commissioner Updegrove asked about contract language referencing “respectful”. Director
Stanwyck responded that this most likely was carryover language from the original agreement
which referenced shared uses and collaboration between the “Rattler” and “Blues” Baseball
teams.
Motion: (Regier /Olson) Recommend to Council approval of the Agreement for use of the SLO
Stadium with the Blues Baseball.
Approved: 7 yes: 0 no: 0 absent
2. QUARTERLY REPORT LAGUNA LAKE (Hill)
Bob Hill, Natural Resources Manager, shared that with the adoption of 2015-17 Financial Plan
was the authorization to begin implementation of Laguna Lake Natural Reserve Conservation
Plan. The first years of the Conservation Plan focus on Laguna Lake Management dredging and
sediment management projects, design engineering and provision for the extension of ADA trail.
A Request for Proposal (RFP) was issued for the Dredging and Management Plan and the City
received 4 sealed bids from qualified firms. Staff Hill expressed that one firm stood out in their
“teamed- approach” to the project and knowledge about the project’s financial component.
Currently, City staff is in contract negotiations with MNS Engineers. The City Manager will be
reviewing staff’s recommendations and determine authorization and award of contract is
expected within a few weeks.
3. REVIEW OF PARK PROPOSAL AND PARK CREDIT REQUEST FOR WEST CREEK
PROJECT (Carloni)
Marcus Carloni, Associate Planner, presented to the Commission an overview of the Orcutt Area
Specific Plan (OASP) West Creek Project. This project was first presented to the Commission
on March 4, 21015 for conceptual review. Staff Carloni added that tonight’s presentation is a
second conceptual review. In summary, the project includes 105 multi-family dwelling units, 67
single family units and 2.2 acres of parkland. The developer applicant is seeking 3.66 acres of
parks and open space credits. City staff recommends no further credits for acquisition and credit
fees at this time.
Pam Ricci, Planner with RRM Design group and representative of the applicant, provided a
detailed review of the West Creek project and how the project is consistent with the OASP
requirements and the proposed park elements meet specified conditions for parkland. The West
Creek project provides for additional facility amenities for adjacent and connecting development
sites; such as Righetti Ranch and the Wingate Project. In addition, there is an increased in
mixed-dwelling units from the first conceptual review resulting in increased parkland fees than
originally projected. As a result, the applicant seeks the Commissions’ consideration of
alternative no. 1 and recommendation for City’s acceptance of the proposed public parklands and
open space dedications and improvements present by the West Creek project, and that the
proposed dedications and improvements receive a partial or full “credit” for the OASP Public
Facilities Finance Plan fees.
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City of San Luis Obispo, Title, Subtitle
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RRM Design Group staff presented to the Commissioners a more detailed overview of the West
Creek project. Chris Dufour, RRM Landscape Architect, provided an overview of the proposed
project’s landscaping, park amenities and linear park elements (maintained by HOAs) which
includes bocce ball, horseshoe pits, a concrete ping-pong table, decorative chess tables and
rubberized safety surfaces. Mr. Aaron Abbott, of Robbins Reed, Inc., provided and overview of
project financial costs as outlined below;
Summary of West Creek Project Parkland fees;
$1.2m original projected fees
$1.6m fiscal increase
$1.87m with new multi-unit dwelling fee structure
The new fee structure represents a nearly $400,000 increase in fees from originally projected.
As a result, the applicant is seeking the Commission’s support of partial Parkland credit of 50%
to make West Creek Project financially feasible.
Commissioner Comments:
Chair Whitener, asked of the proposed park amenities would be possible if the applicant does not
receive “credits”. The applicant responded that the project will need to be revised to accommodate
the project costs and that some of the proposed amenities may need to be eliminated. Chair
Whitener asked for clarification on which type of fees can be waived by the Commission. Director
Stanwyck responded that the Park Development Fees (the costs for construction of the park) can be
waived. Staff Carloni cited Section 2.9 of the Specific Plan which indicates a waiver of parkland fee
in lieu of providing park amenities on site. Chair Whitener asked if the OASP is consistent with the
adopted Parks and Recreation Element. Director Stanwyck said that the OASP was adopted after the
Parks and Recreation Element. Chair Whitener said he is concerned that the proposed park and open
space does not meet the needs of Regional Park and therefore he does not support the waiver of
parkland fees as proposed.
Director Stanwyck added that additional and ongoing maintenance costs are not factored into the
projected fees costs. Staff Carloni confirmed that parkland credits would result in less fees being
added to the Parkland Fund; which could be used to support a larger regional park and amenities in
the future.
Commissioner Parolini said he viewed linear parks as smaller parks serving specific neighborhoods
only. He supports the approval of parkland fee credits.
Commissioner Updegrove acknowledged the challenging topography of the project site. She asked
if the dry creek bed was accessible and said she viewed the creek land (even if not developed) as
valuable park space.
Mr. Abbott cited Section 2.3.4 OASP Policy and added that this development meets parkland criteria
set forth in the Orcutt Area Specific Plan by addressing unmet community-wide parkland needs with
the added park/trail connectivity, serving adjacent neighborhoods, the location and types of
amenities proposed, and that these amenities can be provided without a reduction in developments’
dwelling units.
Vice Chair Regier expressed concerned about additional maintenance responsibility should the City
assume ownership of the developed park. He would not support the park deeded over to the City
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City of San Luis Obispo, Title, Subtitle
4
Motion: (Baker /Regier) Recommend City Council’s acceptance of the West Creek project as
proposed design is consistent with the OASP and General Plan criteria and policy guidance for
the design of parks and open space.
Approved: 5 yes: 2 no: 0 absent
Motion: (Regier/Baker) Support partial project “credit” relief of Parkland Development fees in
return for assurance that the park features are developed and continue discussions with the
applicant to explore creative solutions concerning ongoing park and proposed park amenity
maintenance.
Approved: 7 yes: 0 no: 0 absent
4. REVIEW UPDATED AVILA RANCH PLAN CONCEPTS (Rickebach)
John Rickenbach, Contract Planner, provided a second conceptual project overview for the Avila
Ranch project. This project includes 150 acres, 700 dwelling units and 16 acres of park. The project
also includes 9.8 acres of neighborhood park, 6.2 acres of mini pocket parks and 1.5 acres of
community needs facilities. Staff Rickenbach reminded the Commission of original feedback
provided to the applicant which included consideration of residential accessibility, bike connectivity,
address lacking recreation facilities (such as community garden, pickleball, off -leash, tot lots, sports
fields and shade trees), co-mingle parking uses as a part of the project design. Staff Rickenbach
added that the applicant will return the Commission following the draft EIR and public input
process. The applicant is seeking the Commission’s guidance regarding the proposed modifications
to the conceptual design.
Commission Comments:
Commissioner Updegrove indicated the new park location is further away from higher density areas
and asked how the applicant will address accessibility. Mr. Steve Peck, applicant, responded that a
new pedestrian bridge has been added to support pedestrian/bicycle connectivity and a straightening
of the bike path was made to improve connectivity with a direct route. The applicant is working with
the County of San Luis Obispo for additional bike bridges. In addition, a community garden has
been incorporated into the conceptual design.
Vice Chair Regier asked about the consideration of using this area for organized recreation al sports.
The applicant responded that the proposed design is that of a neighborhood park which will be
supported through Community Services District (CSD) fees.
Commissioner Parolini said he would like to see regulation-sized sports fields considered in future
development designs.
The Parks and Recreation Commission thanked the applicant for incorporating the Commission’s
and the Bicycle Advisory Committee’s feedback into the overall project design. The Parks and
Recreation Commission concurred with the design changes as proposed by the applicant in the
second conceptual review.
5. DIRECTOR’S REPORT (Stanwyck)
Director Stanwyck presented the draft Open Space Maintenance Plan to the Commission. She added
that the draft plan will be presented at the Commissions’ next meeting on December 2, 2015.
Director Stanwyck informed the Commission that there will be three public input sessions designed
to seek public feedback about the plan. The plan will be provided for Council consideration on
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City of San Luis Obispo, Title, Subtitle
5
December 17th. Director Stanwyck indicated that through this process the City has learned that we
are forerunners in the development of an Open Space Maintenance Plan as many municipalities in
the Unites States to not have one. Staff will be seeking Commission feedback about the draft plan on
December 2nd.
6. SUBCOMMITTEE LIAISON REPORTS (all)
Adult and Senior Programming: Commissioner Baker reported that adult sports are going
well. Softball will be ending November 18. Adult Softball will begin Spring season in
March 2016. There is no report for the Senior Center. Golf Course revenue is up.
Bicycle Advisory: Vice Chair Regier said that the BAC reviewed the Avila Ranch Plan.
There is a new program for “adopt a bike trail”. The Committee discussed a bike bridge at
Los Osos Valley Road (LOVR), bike parking for events and the recently approved Railroad
Safety Trail (RRST) extension.
City Facilities (Damon Garcia, Golf, Pool & Joint Use Facilities): Commissioner Parolini
said the pool is still under construction.
Jack House Committee: Commissioner Updegrove said she missed the last meeting but
reported that the “Haunted Stories of Old San Luis” reported 140 people touring the house.
Tree Committee: Commissioner Olson reported that the Fall Arbor Day Celebration will be
held on November 7th 10:00am at Fire Station #1 (2160 Santa Barbara Street). There will be
a “lunch and learn” meeting to learn more about the City’s tree removal process on Nov 19,
2016 from 12:00pm-1:00pm.
Youth Sports: Commissioner Single said he was unable to attend the YSA meeting. Chair
Whitener attended the meeting and reported that the YSA field goals have been installed at
Laguna Middle School. The YSA contract with the School District remains on a year-to-year
contract basis and he reported that the YSA pays $25,000 to the School District for annual
field use.
7. COMMUNICATIONS
None
Adjourned at 8:03pm to the Regular Meeting on December 2, 2015 at the Council Chambers,
990 Palm Street, at 5:30pm.
Approved by the Parks and Recreation Commission on __________________.
________________________________________________
Melissa C. Mudgett, Recreation Manager
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