HomeMy WebLinkAbout12/06/1988, C-11 - GARBAGE CONTAINERS IN GARDEN ALLEY MEETING DATE
��lll city of san LUSS mispo Dec. 6, 1988
Ift COUNCIL AGENDA REPORT `�"NUMtk�
FROM:
David F. Romero ' Wayne A. Peterson
Public Works Directors City Engineer
SUBJECT:
Garbage Containers in Garden Alley
CAO RECOMMENDATION:
Adopt Resolution Approving Form of Agreement for Leases and Authorizing the
Public Works Director to Execute Leases to Permit the Placement of Garbage
Containers in Parking Lot 2.
BACKGROUND:
During the time that the City was evaluating the potential for constructing a
parking structure on parking lot number 2 (the Beauty College Lot at Marsh and
Broad Streets), staff found that the various garbage containers located within
the parking lot were not there with any formal permission or approval of the
City. Expecting the City to proceed with a project at that time, staff wrote
letters to the businesses using the containers and told them that they may have
to remove them in the near future. This notice caused considerable comment
from the businesses. Most of them have maximized the use of their interior
space and have no place to store trash and garbage until it can be picked up.
The alley itself is much too narrow to allow the containers to be placed within
it and the buildings are all built to the alley. The garage design that staff
was investigating was modified to provide for a place for these containers.
Since the garage project has been dropped, staff has been investigating the
reconfiguration of the parking lot to improve circulation. Staff is also
considering the construction of trash enclosures to hide the containers that
are stored in the lot. This project will not be started until the garage
scheduled for the corner of Marsh and Chorro Streets is completed.
In preparation for this project each of the businesses was contacted by letter
and asked if they would be willing to pay a reasonable amount for the right to
store their garbage container within a city-constructed enclosure. Most of the
businesses responded positively.
Recently staff has noted that the number of trash containers in the alley has
increased and the maintenance of the area has declined. Trash is in the alley
and in the parking lot. The containers are moved around so that at times they
block the alley way or encroach into parking spaces. There is potential of
vehicles being damaged and subsequent city liability. Since the City and the
businesses have no formal agreement as to the use of the area, it is difficult
for staff to manage the problem, therefore this proposed lease agreement has
been prepared to address it. Businesses wishing to continue to have a
container in the parking lot would have to agree to conditions contained in the
lease as to maintenance of the area, installation of improvements to keep the
container from rolling around, and payment. If the business couldn't keep the
area neat and sanitary, or chose not to formalize the 'use, the City would have
the container removed.
���h�►ri►►I�IIIIIIIIIIP° ����II city of San LUIS osispo
iis COUNCIL AGENDA REPORT
Garbage Containers in Parking Lot 2
Meeting of December 6, 1988
Page Two.
ALTERNATIVES
1 . Approve form of agreement as submitted (or as may be modified by Council).
Staff Recommendation.
Advantages: Would formalize current use, improve City control of
operations, produce some revenue and simplify procedures to eliminate use
of City property for non-compliance. Will also provide a mechanism to pay
for trash enclosures to be constructed when the lot is reconfigured.
Disadvantages: Some merchants may object to conditions or payment for use
of City property. Some staff time will be spent in administering the
leases.
2. No Action
Advantages: No individual merchant protest, no expenditure of staff time.
Disadvantages: No progress toward cleaning up the disorderly and intrusive
uses, no City revenue generated, removal for non-compliance will continue
to be virtually impossible, difficulty in obtaining participation in
payment for future enclosures.
3. Take the position that use of City property for private purposes is not
permitted and request removal of all trash containers from City property.
Advantages: May result in removal of containers from City property, thus
relieving City of all problems inherent in their use.
Disadvantages: Would undoubtedly result in substantial merchant protest.
Some businesses could not keep dumpsters on their own premises without
major disruption to their operations.
FISCAL IMPACT:
There are 6 to 8 properties with dumpsters or wastewheelers on City property,
giving a potential revenue of $200.00 per month. The containers are placed in
areas that cannot be used for parking so they do not displace income from that
source. They do displace area that could be, but at this time is not,
landscaped to make the parking lot more attractive. The money earned from this
source should be used to reimburse the parking fund for the installation of
container enclosures in the next couple of years. When the enclosures are
constructed, the amount of the lease should be adjusted.
IlUl11 City Of San IDIS OBISPO
COUNCIL AGENDA REPORT
Garbage Containers in Parking Lot 2
Meeting of December 6, 1988
Page Three
CONCURRENCE:
Staff has discussed this item with the Police Department and the Community
Development Department, and neither expressed- concern or reservation for the
proposal. On November 8, 1988 the BIA approved a motion favoring the concept.
The City Attorney advises that the proposed lease is legal and that in the
absense of some formal agreement, City liability is increased.
RECOMMENDATION:
Staff recommends that the Council pass the attached resolution authorizing the
Public Works Director to enter into leases with the businesses wishing to
maintain a garbage container in parking lot number 2.
Attachments:
1 - Draft Resolution
2 - Lease Agreement
wap-n/wgardenlease
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RESOLUTION NO. (1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING FORM OF AGREEMENTS BETWEEN THE CITY AND
INDIVIDUALS LEASING SPACE IN PARKING LOT NUMBER 2
FOR THE PLACEMENT OF GARBAGE CONTAINERS.
WHEREAS, the Council of the City of San Luis Obispo has considered the
condition of Garden Alley and;
WHEREAS, the businesses backing onto the Alley have no on-site place
outside their buildings to store trash and garbage awaiting pickup by the
garbage company and;
WHEREAS, the existing situation of allowing placement of dumpsters and
waste wheelers in the alley and in the city parking lot results in
disruption to the alley through blockage, and waste and garbage are
littering the alley and parking lot and;
WHEREAS, the City wishes to be a good neighbor and;
WHEREAS, the City wishes to be able to identify the users of the City
property and hold them accountable for the conditions that result from
their usage of it,
NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
1 . The City hereby approves the form of the lease which may be executed
with any owner or business abutting Gorgen Alley for the placement of
garbage containers upon Parking Lot number 2.
2. The Public Works Director is hereby authorized to sign the leases for
the City and to represent the City in managing the leases.
3. The City Clerk shall furnish a copy of this resolution and a copy of
all executed leases to
City Finance Director, and the Director of Public Works.
On motion of seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this day of
1988.
MAYOR
ATTEST:
CITY CLERK
APPROVED:
City A Winistrativeficer
City At
f� inance Director _
Public Works Director
LEASE AGREEEMENT
GARBAGE CONTAINERS IN PARKING LOT 2
This lease, made and executed this day of 1988, is
by and between the CITY OF SAN LUIS OBISPO, a municipal corporation,
hereinafter referred to as "City" and
hereinafter referred to as "Lessee".
WITNESETH:
The City hereby leases to Lessee a location for placement of garbage
and trash containers only and on the following terms and conditions:
1 . The lease shall be for five years, commencing
and terminating on
2. The City and Lessee agree that the rental shall be $15 per month
for storage of dumpsters, or $10 per month for storage of not more than
one waste wheeler container. Payments to be made quarterly and in
advance.
3. The area to be leased is within City-owned Parking Lot number 2
which lies between Garden Alley and Marsh Street and adjacent to Broad
Street in the City of San Luis Obispo, California, and which is more
specifically shown on attached exhibit "A".
4. Lessee agrees to place a container only in the area in the parking
lot which has been approved by the City Public Works Department and which
is shown on Exhibit "A" and further agrees to install improvements as
determined by the City. The improvements shall be adequate to contain the
garbage container to its specific spot.
5. Only containers provided by the garbage company may be used to
contain trash and garbage within the area leased from the City. Each
container must have an identification marking placed upon it indicating
the address of the business using the container
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6. The Lessee agrees to have no more than one trash container within
the leased area. — —
7. The City may group the containers of more than one lessee.
8. The Lessee agrees to be responsible to maintain the area around
the garbage container and the area between the garbage container and the
rear of the lessee's building in a clean, trash-free condition at all
times. All trash is to be maintained within the containers and the
container is to be maintained free of odors.
9. The City, at its option, may install trash enclosures in locations
which do not interfere with the City's operation of its property for
parking purposes. Should the City install trash enclosures, this
agreement shall be terminated if the City is unable to negotiate a lease
which allows the City to recover its expenses over a reasonable period of
time.
10. This lease may be terminated by either party with 99 days notice
providing that at the end of the notice period the Lessee's container
shall be removed and the City's property left in a clean condition.
11 . Lessee shall provide the Director of Public Works with the name
and phone number of the person responsible to maintain the leased area and
as required in section 8 above.
12. This lease shall not be assignable without written approval of the
City.
13. Lessee hereby waives all claims against City for damages to either
persons or property, his agents, his employees, or third persons in or
about the area, from any cause arising at any time, and Lessee further
agrees to indemnify and hold City harmless from any damages or injuries to
any person or property arising or alleged to arise from the use of the
area by Lessee.
14. Written notice under this agreement may be given by either party
to the other, and shall be effective upon its deposit in the U.S. Mail
addressed to the other party at the address below:
City: City Clerk
City Hall
990 Palm Street
P.O. Box 8100
San Luis Obispo, Ca. 93403-8100
Lessee:
IN WITNESS WHEREOF, the parties hereto execute this lease in
duplicate, on the date first written above.
LESSEE:
By
By
LESSOR:
By
APPROVED:
'City Administrative- Officer
City Attorney
pinance Director
Public Works Director
gardenlease/n/wp