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HomeMy WebLinkAbout03/07/2000, 6 - APPROVAL OF A PERMANENT LOCATION FOR THE SAN LUIS OBISPO LITTLE THEATRE A2council acEnba Report 6 CITY OF SAN LUI S O B I S P O FROM: Ken Hampian, Assistant City Administrative Officer e, Prepared By: Wendy George, Assistant to the City Administrative Officer SUBJECT: APPROVAL OF A PERMANENT LOCATION FOR THE SAN LUIS OBISPO LITTLE THEATRE CAO RECOMMENDATION 1. Conceptually approve the relocation of the San Luis Obispo Little Theatre (SLOLT) to a portion of parking lot#14 at 630 Monterey Street (Alternative A), but allow for a change to Alternative B (610 and 614 Monterey Street) if the 614 Monterey Street property should become available to the City before SLOLT is ready to finalize its construction design. 2. Direct staff to negotiate a Memorandum of Understanding with SLOLT relating to its eventual relocation. REPORT-IN-BRIEF In 1998 the Council conceptually approved leasing the current location of the Children's Museum (1010 Nipomo Street) to that organization on a long-term basis so it could expand its facility. In making that decision, the Council had to reverse an earlier commitment it had made to SLOLT to use the same site to build a new theater. Instead, the City agreed to help SLOLT find a new site when it was ready to re-activate its building campaign. SLOLT has now proposed three site alternatives to the City for a new theater: Alternative A - 630 Monterey Street (part of parking lot#14); Alternative B - a combination of 610 and 614 Monterey Street; and Alternative C - 610 Monterey Street. Alternative B is most consistent with the Conceptual Physical Plan for the City's Center, but is not realistic at this time because the City does not own the 614 Monterey Street property. Staff is recommending offering SLOLT the 630 Monterey Street site (Alternative A), with the provision that if the 614 Monterey Street property becomes available to the City before construction of the theater begins, Alternative B be used instead. Use of the 630 Monterey Street site for a cultural facility is consistent with Council direction given in 1992. DISCUSSION Background In January of 1990, the City entered into an agreement with SLOLT to allow construction of a 300-seat community theater on City-owned property located at 1010 Nipomo Street. Construction of the theater was intended to be completed by the summer of 1992. SLOLT was unable to meet the original fundraising and construction schedule and a new agreement was executed in 1992 that set a construction completion date of 1999. In the same year, the Council 6-1 Council Agenda Report—Relocation of San Luis Obispo Little Theatre Page 2 approved SLOLT's request to lease a portion of the old library property located at 888 Morro Street to be used as an interim theater pending the proposed construction. That agreement has been extended twice, the last time to December 31, 2002. At the same time as the original long-term lease agreement was made with SLOLT for the building at 1010 Nipomo Street (1990), the City entered into an agreement with the San Luis Obispo Children's Museum to use the Nipomo Street site on a interim basis, prior to theater construction. With the delays in theater construction, that agreement was eventually extended to December 31, 2000. In late 1997, the Children's Museum notified the City that, due to the success of its program, it needed either to expand its current facility or move to another site. Its preference was to expand the existing facility at 1010 Nipomo Street. However, the board did not wish to proceed with expansion as long as the site was ultimately committed to SLOLT. On June 16, 1998, the Council acted to terminate the long-term lease with SLOLT for the Nipomo Street location and conceptually promised it to the Children's Museum on an extended basis. (At the current meeting, the Council will also consider approving the new lease with the Children's Museum for 1010 Nipomo Street.) On June 16, 1998, the Council also extended the lease with SLOLT for the old library site (888 Morro Street) until 2002, and offered the City's continuing assistance in the search for an appropriate long-term theater location. Request from SLOLT to Build a New Theater on Monterev Street Recognizing that the City may ultimately have plans to use the site that currently houses its theater (the old library), and knowing that its current lease of the property expires at the end of 2002, SLOLT has re-activated its efforts to design and finance a new facility. SLOLT worked with a Cal Poly class over the summer to develop conceptual designs for new potential locations, since their old plan was structured around the Nipomo Street site along the creek. On December 13, 1999, the City received a letter from SLOLT expressing its desire to build the theater at 630 Monterey Street (currently part of parking lot #14). In the same letter, SLOLT provided what it considered two less preferable alternatives, also on Monterey Street. One alternative is 610 Monterey Street (on the corner of Monterey and Nipomo), which is currently owned by the City. The second alternative is to combine 610 Monterey Street with part of the neighboring lot at 614 Monterey, which is currently privately owned. (See Attachment 1 to the letter from SLOLT.) Included in the letter from SLOLT is an analysis of the pros and cons of each site. (See Attachment 2 to the letter from SLOLT.) All three alternatives start from the premise that it is in the best interests of the City and the SLOLT to build the theater downtown. The letter points out that a downtown theater would anchor the extension of Mission Plaza at the end of the Creek Walk. It would provide night use of the area that would complement the daytime use of the nearby Children's Museum. And finally, the location is consistent with the Conceptual Physical 6-2 Council Agenda Report—Relocation of San Luis Obispo Little Theatre Page 3 Plan for the City's Center, which shows the area of Monterey Street near Nipomo Street being used for cultural purposes. Although acknowledging that placing the new theater on part of parking lot #14 will negatively impact available parking in the downtown area, SLOLT believes that it is the best option of the three adjacent alternatives for the following reasons: • It provides the most square footage • It is already owned by the City. • It is adjacent to the Hayes/Lattimer Adobe and the proposed theatre design will complement the design of the adobe. • It allows for vehicle access from the remaining portion of lot #14, so that sets and other staging materials can be easily delivered and removed. The letter also states that the new design of the theater will provide a human-scale building with outdoor features to create an aesthetically pleasant streetscape. The theater will complement neighboring historical buildings and will contain multi-purpose features to meet other community needs, including opportunities for public art. Staff Recommendation Staff's initial preference would be to recommend building the new theatre on the site designated by SLOLT as Option B (610 and 614 Monterey Street). However, 614 Monterey Street is currently a privately owned residence with a large, old oak tree in the front yard. City staff recently met with the owners to inform them of the upcoming Council discussion of locating SLOLT next to their property. At that meeting, the owners made it clear that at this time they have no interest in selling their property to the City. Accordingly, staff recommends supporting SLOLT's request that the City allow it to build its theater on part of parking lot #14 (SLOLT's preferred Option A), with the qualification that a sufficient portion of the parking lot be retained by the City to allow for the eventual construction of a neighboring parking structure. (See Attachment 3.) Additionally, staff recommends that should the property at 614 Monterey Street become available to the City prior to SLOLT's actually developing a construction design, the theatre be placed on Option B (610 and 614 Monterey Street) instead. The change of location to Option B would then allow the theatre to be incorporated into a future parking structure as envisioned by the Conceptual Physical Plan for the City's Center. Staff's rationale for this recommendation is as follows: • We agree that a downtown theater provides a cultural benefit to the City. • The proposed area is designated for cultural purposes by the Conceptual Physical Plan for the City's Center. 6-3 Council Agenda Report—Relocation of San Luis Obispo Little Theatre Page 4 • In 1992, the parking lot site was conceptually endorsed by the Council as a permanent site for the Children's Museum. (See Attachment 2.) • Even though there will be a loss of parking, the Council made it clear in 1992 that the parking lot was intended as a temporary use. (See Attachment 2.) • The proposed portion of parking lot #14 was purchased by the General Fund, not the Parking Fund. • The use of most of parking lot #14 for the theater still allows the eventual construction of a parking structure at the corner of Palm and Nipomo streets, in accordance with the Conceptual Physical Plan for the Downtown. (See Attachment 3.) • Combining part of the neighboring lot at 614 Monterey with the 610 Monterey site (Option B) is not possible at this time, since the City does not own the property at 614 Monterey and it is currently a private residence with a large oak tree in the front yard. • The 610 Monterey site (Option C) is too small to comfortably hold a theater. • In order to proceed with a successful capital campaign, SLOLT must be able to point to a location for the new theater, so committal by the City is necessary at this time. Unless the City agrees to the use of property it already owns, there would be considerable delay in SLOLT's ability to build a new theater. Parking Issues In making this recommendation to the Council, staff acknowledges the concerns that will arise out of the loss of parking. By approving SLOLT's preferred Option A to use most of parking lot #14, the City could lose as many as 44 monthly parking spaces. This loss is partially off-set by the fact that the City expanded lot #14 in the spring of 1999 by an additional 35 short-term spaces. Therefore, the total net loss would be 9 spaces less than what was available in 1998. The Parking Manager believes that based on current usage of the lot, this reduction will be workable. The Downtown Association is aware of SLOLT's proposal to build on lot #14, and is generally supportive, although it feels that the issue of lost parking must be addressed before parking spaces are actually eliminated. While staff appreciates this concern, it is difficult to say at this time how this issue should best be addressed. It will likely be several years before the theater is actually built and parking areas in the downtown have the potential for significant change in the meantime. As indicated above, both Council action in 1992 and the Conceptual Physical Plan for the City's Center viewed parking at the recommended location as an interim use. The proposed portion of 6-4 Council Agenda Report—Relocation of San Luis Obispo Little Theatre Page 5 the lot was not purchased with money from the Parking Fund, and in 1992, Council designated the location as the eventual home of the Children's Museum. However, the 1993 Conceptual Physical Plan envisioned part of the parking lot location as an open park area, with the Children's Museum (now SLOLT) being incorporated into a parking structure located on the 610 and 614 Monterey lots. Unfortunately, the City is not likely to move forward with such a structure for at least fifteen years, and SLOLT ambitiously hopes to complete construction of a new theater in the next several years. By approving the relocation of the theater to part of the parking lot#14 site (630 Monterey), it would not be possible to achieve the open space envisioned in the Conceptual Physical Plan at that location. However, as long as a portion of lot#14 is reserved, it would not affect the City's ability to eventually build a parking structure in the area as the Plan suggests. (See Attachment 3.) Zoning Issues All three of the locations mentioned by SLOLT will require a zoning change, as all three lots are currently zones O-H (Office with an historic overlay). It is anticipated that when SLOLT is actually ready to move into the construction permitting process, it will request a change in zoning to PF-H (Public Facilities with an historic overlay). By providing conceptual approval of the parking lot #14 site, the Council will, in effect, be conceptually approving an eventual zoning change, as well. CONCURRENCES Although no formal action was been taken by the Downtown Association, it is generally supportive of the proposed location, as long as lost parking is addressed at the time of actual construction. FISCAL IMPACT Approval of parking lot #14 as the eventual site of SLOLT will not have an immediate fiscal impact. However, once construction begins, there will be a loss of parking revenue of approximately $13,200 annually from the elimination of monthly parking, calculated at current rates. A monthly increase of$5.00 would generate an additional $2,640 loss per year. The lease with SLOLT would likely be at our usual non-profit rate of$1.00 per year, so there would not be any off-setting revenue to the lost parking fees. On the other hand, since the proposed portion of the parking lot was purchased with General Fund money, this "loss" could instead be viewed as just the ending of a modest fiscal benefit the Parking Fund has enjoyed for several years. ALTERNATIVES 1. Council could consider simply selecting Alternative A (part of parking lot #14 at 630 Monterey Street) without the contingency of reverting to Alternative B (610 Monterey Street and 614 Monterey Street). 6-5 Council Agenda Report—Relocation of San Luis Obispo Little Theatre Page 6 2. Council could consider Alternative B (610 Monterey Street and part of 614 Monterey Street) as a"stand alone" option. This option provides adequate space for a theater,but it requires the City to acquire a piece of property (614 Monterey) which is currently privately owned and used as a personal residence. It would also mean removing two residences and possibly a large oak tree. As indicated above, the current owners of 614 Monterey Street have no interest in selling the property. Acquiring it by other means would be a time-consuming process that would significantly delay SLOLT's ability to commence a successful fundraising campaign in the near future. 3. Council could approve Alternative C (610 Monterey Street). It has the advantage of already being owned by the City, but is smaller than what would be needed to provide the best and most usable facility for both SLOLT and the other community organizations which will also benefit from its use. 4. The Council could suggest an alternative site not considered by SLOLT. Again, staff believes that the proposed Option A has the advantage of being already owned by the City and originally designated for cultural purposes. Staff is not aware of any other potential location that meets these criteria. ATTACHMENTS 1. Letter from SLOLT 2. Council minutes from November 17, 1992 3. Map showing potential location of parking structure 4. Map showing 600 block of Monterey Street 6-6 Building Development Committee San Luis Obispo . Little Theatre, Inc. December 13, 1999 Wendy George Assistant to the City Administrative Officer City of San Luis Obispo 990 Palm Street, San Luis Obispo, CA 93401 Dear Ms. George, On behalf of the Board of Directors and Capital Campaign Committee of the San Luis Obispo Little Theatre(SLOLT), I am providing the following information regarding Little Theatre's plans to build a new theater in downtown San Luis Obispo. Providing this information meets our obligation under lease provision#16A of Little Theatre's current lease with the City of San Luis Obispo. This provision is to select a site for a new theater by January 1, 2000. We presented a brief overview of our plans and the site selected at our December 6, 1999 meeting. This letter formalizes and expands upon the information presented at that meeting. SLOLT is committed to remaining downtown. We share the thoughts of other visionaries that the downtown is the heart and soul of our community. It's the place to take family and friends for shopping, entertainment, and social activities. In a 1988 survey, residents named.the downtown and Mission Plaza areas as their favorite meeting places. Our project can help keep these areas as the community's favorite places. After conducting an extensive review of possible sites in the downtown area,we believe the location for the new theater is on property owned by the City. The site is located on Monterey Street across from the existing Children's Museum near the comer of Nipomo and Monterey Streets. Locating the theater in this area would be consistent with the Downtown Physical Concept Plan, which calls for cultural use on Monterey Street between Broad and Nipomo. In fact, the Concept Plan specifically mentions locating the Little Theatre near the comer of Nipomo and Monterey Streets. The new theater will anchor the Mission Plaza extension, as this area is commonly called, on the end opposite the Mission. We believe the new theater will contribute to the character of the area, add a presence in the area which enhances security, and attract more pedestrians to this unvisited part of town. The site we selected is shown as Option A on Attachment 1. Alternative site possibilities are shown as Options B and C on Attachment 1. The pros and cons of each site are described in Attachment 2. Our Capital Campaign is progressing well. We've already raised over a quarter-0f-a-million dollars in cash, pledges, and planned gifts and continue to seek additional support. Local design and construction professionals have also approached us with interest in participating in the project. We've reached a critical juncture in our Campaign. Some potential supporters have requested specifics about the location of the theater before they commit funds. We can only provide that information with the City's involvement. In order for us to move forward with this project, we need a commitment from the City to: 1. Negotiate a memorandum of agreement regarding provisions of a lease for the site. 2. Expedite discussions with us to iron out details of the project. ATTACHMENT 1 P.03ox 14308 * San Luis Obispo, CA 93406 * (805) 543-3737 6-7 These steps will allow SLOLT to pursue additional funding, and formally enter the design and construction process. Time is of the essence. We have additional lease obligations with the City we need to meet. Delays will escalate costs, and prospective supporters may direct their funding for other projects and causes. We look forward to working expeditiously with City staff to meet theses goals. We welcome the opportunity to present our project in more depth. Please do not hesitate to contact me at 545-6854 with any questions or to set up meetings to discuss this project. Sincerely yours, Nic Gaudiuso Capital Campaign Chairman Attachments 1.Map of the area showing proposed and alternate sites. 2.Supporting Information. 3.Draft Memorandum of Agreement Regarding Provisions of a Lease of Real Property. 6-8 Attachment 1 Map of the Area Showing Proposed and Alternate Sites •1 ISO i I I Ise I LAD: N o PALMA I73.00 K •D ?! 63 0.1 60 SO I 50 7 — 1 o � • 1 .4 Iz IFO3 ,•,m A O I O d O 4 5 ♦9 A 11 O 3 13 O{5 IS { 18 {6 10 m ° 41 i 16 x Oo 2 �o w 1 • �' L _ 1 Z I — Z I YLSEUY e tl G! S! 9x G3 w _ w!]'OT'LN GO w• P N N MONTEREY \42J •'� ISO 1 1 I ISO I As N 40 g PALM I27.e0 K wa h G3 d' N 50 1 So i � 1 z I40 w I C O 1 i Q 2O r ro 4 O ♦9 OF O ' A (' lt p e II 12 3 13 4> O+5 IS { IB {61 IO m L - '" i c i I - z I ruz>ur b91 97 s G3 G9 80 Go _ MONTEREY `42J I y Iso i i I ISO 1 -Lam IIIY_\ _ PALM —173.50 K I2lO wb 9S G] OS so 50 1 50 1 I o r j 4 � 1 Ix IFO 3 ww O � rj O O w 4 s .9 �F , ! � � Q a F II ll 3 13 4i O+6 IS { IB 6 10 C { Ic L " ' o 1 Yt6EUY 0 S! el 92 G3 W as Go _ MONTEREY 42 6-9 Attachment 2 Supporting Information Sites Our site options begin with the parking lot located on the third lot in from the comer of Monterey and Nipomo Streets;followed by a site comprised of pieces from the comer lot and the second lot in from the comer; ending with the comer lot at Monterey and Nipomo Streets. Advantages of the site are shown by a "+^ mark. Disadvantages are shown by a"= mark. Site Option Remarks A +provides most square footage (parking lot) +already owned by the City +adjacent to the Hayes/Lattimer Adobe; our design can complement and provide the proper setting for the Adobe -will eliminate some surface parking B + provides adequate square footage (comer lot and portion +provides greatest design flexibility of second lot -the second lot in from the comer is not currently owned by the Ci C +already owned by the City (comer lot) -provides least design flexibility provides least square footage Our Plan The program needs we've established for this project will: • Provide a human-scale building with outdoor features to create an aesthetically pleasant streetscape. • Contain multi-purpose features to meet other needs in the community. • Complement neighboring historical buildings. • Provide an opportunity for public art. We feel that the theater will truly be a building to be proud of. The Cal Poly Project SLOLT proposed to the Cal Poly Architecture Department that their students use our theater as a class project. They accepted our proposal and over the summer semester, a combination third, fourth, and fifth year design class produced designs for a theater in downtown San Luis Obispo. The students benefited by having a real client with real issues and needs. SLOLT benefited by the innovative ideas. Benefits of a Downtown Theater This project will provide a number of benefits to the community, the City, and SLOLT including: • Usable public space (both indoor and outdoor)for the City. • Enrichment of the local economy through dollars spent locally by performers, audiences, and out-of- town visitors. • Positive impact on nightlife in the area. • Availability of arts to all segments of the community. Live theater provides opportunities for all ages, regardless of ethnic, cultural, or economic background, to participate with others in a positive environment. Participation in community theater is free and remains a very affordable entertainment option for audiences. • Civic pride and cultural investment. A thriving community theater is evidence of the cultural health and wealth of the community. • Growth of small community performing groups by showcasing the talents of local artisans. • Literacy and educational value. • A permanent home for SLOLT. Why the SLOLT is the right choice for anchoring the Mission Plaza Extension SLOLT was born and raised in San Luis Obispo. We have a 50+year history of producing plays and involvement in the community. From our educational and artistic opportunities to our benefit night performances for other non-profit organizations, we substantially contribute to the community. We are continually looking for ways to expand our services to, and involvement in the community. 6-10 Attachment 3 Draft Memorandum of Agreement Regarding Provisions of a Lease of Real Property Statements of Fact 1. The parties to this Memorandum of Agreement are the City of San Luis Obispo(City) and San Luis Obispo Little Theatre (SLOLT), a not-for-profit California organization. 2. The City is the legal owner of the property located at Monterey Street in San Luis Obispo. This Agreement is subject to the following conditions: 1. The City wishes to support community-based performing arts groups by encouraging development of live theater facility in the downtown. 2. The City considers the development of a not-for-profit community based theater on the proposed property to be in the public interest and an appropriate addition to Mission Plaza. 3. The City represents that the property to be leased is worth$X, and that the lease is proposed to be below market rate and is in the public interest. 4. In recognition of the below market lease, SLOLT agrees to make the facilities available without fee to the City for official or City-sponsored uses on four(4) mutually-agreeable days per year. In addition, the City shall have first right of use for uncommitted time periods consistent with the requirements of SLOLT's own use and other provisions of this Memorandum of Agreement. 5. The City will initiate a General Plan Amendment, rezone the property, and assist with obtaining zoning variances that may be required to accommodate this type of use. The City will make such efforts as are reasonably necessary to accomplish such amendments and rezoning. Other required approvals (e.g., use permit, architectural review) and compliance with zoning and parking requirements, including payment of in-lieu fees or securing off-site parking, shall be the sole responsibility of SLOLT. 6. SLOLT will lease the property for forty(40)years beginning with the start of construction and ending forty years later on the anniversary of that date. SLOLT will reserve first right to negotiate an additional term. SLOLT shall submit any notice of interest in an extended term, one (1)year prior to termination of the base term of the lease agreement. 7. The rental rate shall be fixed at$1 per year. 8. SLOLT agrees to take property as is except for unknown subsurface toxic or hazardous materials which shall remain the responsibility of the City. 9. SLOLT agrees to lease the subject property and to develop and operate the facility on the proposed site for the term of the lease. The facility will serve to meet performing arts needs for the community. The City will have no obligation for development and/or operation of the proposed facility. Any costs incurred for development and operation of facility shall be the sole responsibility of SLOLT. 10. SLOLT will maintain the buildings, landscaping, and features of the theater in a first-class condition at all times. 11. The structure and/or property shall be used only for those purposes stipulated in this Agreement, unless other uses are approved, in writing, by the City. Approval shall not be unreasonably withheld. 12. SLOLT agrees to allow annual fire inspections to be conducted by the City Fire Department at the City's expense . 6-11 r i 13. A minimum of thirty(30)weeks, annually, of rehearsals and theater performance will be the agreed upon level of operation. If at any time SLOLT is unable to meet this level of operation, the City may issue a one hundred and twenty(120) day notice of early cancellation to terminate the lease agreement. 14. Except for"acts of God" and mutually agreed upon excusable delays, SLOLT will use due diligence to adhere to the design, planning, and construction schedules. The City reserves the right to grant time extensions or to cancel this Agreement for failure to progress on these schedules, where failure results from reasons other than those listed above. The schedule will commence upon approval of this Agreement by all parties. 15. If, at any time, SLOLT is unable to complete development, the lease will be terminated. In the event of termination, and at the City's option, all improvements will become the property of the City or the site shall be delivered free and clear of all improvements. 16. In the event of early cancellation of the Agreement after completion of construction, the City shall have the option to buy out improvements at the proportional rate of 90% of actual construction costs if cancellation is within the first 5 years, 70 % between 6 and 15 years, 50 % between 16 and 25 years, and nothing thereafter. If the City chooses not to exercise its option, SLOLT shall sell their improvements to a City approved successor. 17. The relationship that will exist between the City and SLOLT in this matter will be that of lessor and lessee. Under no circumstance will SLOLT be considered an employee, officer, or agent of the City under this Agreement or the lease. Conversely, the City is not an agent or extension of SLOLT and is acting solely in its landlord capacity. 18. SLOLT will program the theater to provide a minimum of six(6)weeks a year access by other community performing arts groups consistent with the requirements of SLOLT's own use. This six (6) weeks is in addition to the thirty (30)weeks addressed under theater production levels. 19. SLOLT will provide management and scheduling of the facility. 20. SLOLT may sub-lease the structure and/or property up to a maximum of thirty(30) consecutive days, upon City concurrence, for uses consistent with the performing arts and community purposes of this Agreement. 21. SLOLT will agree to indemnify and hold harmless the City, its officers, agents, and employees from any claims, demands, damages, or penalties imposed which may arise from development, construction, and operation of the proposed theater facility on City property. 22. SLOLT will insure all real property improvements for their market value and shall maintain public liability insurance in an amount agreed upon by both parties. SLOLT will also maintain a performance bond to cover the cost of construction, including materials and labor. 23. If after three (3) years of the effective date of this agreement, SLOLT cannot demonstrate it has raised or otherwise has the funds committed to cover a substantial portion of the construction costs of the building, then the City shall have the right to terminate or extend this agreement. 24. This document represents the entire Agreement between the City and SLOLT. This Agreement may be amended only by written instrument executed by both the City and SLOLT. 6-12 Agreement executed this_day of , in the City of San Luis Obispo, State of California. San Luis Obispo Little Theatre The City of San Luis Obispo President, Board of Directors Mayor Chair, Capital Campaign City Administrative Officer Chair, Capital Campaign City Attorney Community Development Director 6-13 City Council Meeting Page 5 Tuesday, November 17, 1992- 7:00 PA, Mayor Dunin requested the record show there was no public interest,then declared the public hearing closed. Herman Fitzgerald reviewed the points made by the property owners:they asserted that the City does not have the right to take the property,and he stated the City clearly has such authority;they asserted that CEOA was not complied with,and he stated the project had not changed since 1980 and the EIR is valid;they asserted that the City did not make a proper offer,and he stated that the appraisals were given to the property owners as required by law; and they asserted that the City did not follow procedures, and he stated that the government code had been followed to the letter. Council inquired about the EIR and the Taylor Plan. Staff responded that there were no changes on the north side of the creek in this area or phase of the project Changes made in other areas would not impact this area. Moved by Roalman/Pinard to adopt Resolution Nos.8091.8092.&8093 of necessity initiating Eminent Domain Proceedings to acquire portions of three properties (4-0-1, Vice-Mayor Rappa absent). 4. SLO LITRE THEATER/CHILDREN'S MUSEUM (File No. 855/857) A. Children's Museum Lease Extension Council considered a request by the Children's Museum to extend their current agreement for using City-owned property located at 1010 Nipomo Street and receive conceptual endorsement from the Council for a permanent Museum site. Deb Hossli. Administrative Analyst, reviewed key terms of proposed agreement and the proposed museum site. Moved by Pinard/Reiss to authorize a three-year Agreement A-126-92-CC extension with the Children's Museum for the continued use and 1010 Nipomo (4-0-1, Vice-Mayor Rappa absent). Moved by Pinard/Reiss to conceptually endorse 630 Monterey Street(City owned Parking Lot No. 14) as a permanent site for the Children's Museum Mayor Dunin stated the parking lot property had been purchased expressly for the purpose of the expansion of the Mission Plaza Project and related activities; the parking lot was intended as a temporary use. The City does value cultural growth and we have been supporting all different kinds of activities; this specific activity was slightly different than other uses. Moved by Pinard/Reiss to amend the motion to include Mayor Dunin comment as part of the approval (4-0-1, Vice-Mayor Rappa absent). B. Little Theater Lease Extension Council considered extending agreement with the San Luis Obispo Little Theater(SLOLT)for the long term use of City property at 1010 Nipomo Street Deb Hossli. Administrative Analyst, reviewed the key terms of the Little Theater Agreement. _J ATTACHMENT 2 6-14 City Council Meeting Page 6 Tuesday, November 17, 1992-7:00 P.M. Council inquired about the impacts of the Nipomo Bridge Project on the Children's Museum;they plan to incorporate the bridge project as a learning tool for the children. Moved by Roalman/Reiss to authorize Mayor to execute Agreement A-127-92-CC with SLOLT to construct a 300 seat community theater on City-owned property located at 1010 Nipomo Street(44-1, Vice-Mayor Rappa absent). C. Little Theater Library Lease Council considered a proposal from San Luis Obispo Little Theater(SLOLT)to lease a portion of the Old Library Building. Dave Elliott Administrative Analyst,reviewed the advantages and disadvantages of SL-OLT's proposal. Council discussed issues relating to occupancy types for the Library, sprinkler upgrades, and improvements required under different occupancies as well as the condition of the property. They also discussed issues pertaining to rental subsidies, cash investments, property tax issues and bed tax increases relating to the use of the property. Richard Govepresident of SLOLT,asked the City to provide the water from the street to the building and agreed to provide the sprinkler upgrades to the building. Council questioned staff regarding the necessity for the relocation conditions in the proposed agreement as well as equitable funding, burdens for the required sprinkler upgrade. Zana Wath.4403 Poinsetta, spoke regarding sprinkler upgrades and protecting the City employees. Moved by Roalman/Dunin to authorize lease agreement negotiations incorporating staff recommendations,excluding provisions for nominal rent for future relocation(4-0-1,Vice-Mayor Rappa absent). 5. STATE WATER PROJECT-WHALE ROCK EXCHANGE (File No. 517) Council considered a report from County staff concerning the exchange of State Water for Whale Rock Water. John Moss. Acting Utilities Director, briefly reviewed the proposal from Cayucos for the water exchange. Geome Brett,President of Mono Rock Mutual Water Company,spoke in favor of the water exchange. Glenn Priddy, Deputy County Engineer Waterworks District No. e, also spoke in favor of the water exchange. Council discussed issues relating to the viability of the water bank established by the state. Donald Smith, 1111 Vista L.ago, stated the water bank was a fraud and recommended Cayucos wait for Naciemento. Moved by Roalman/Pinard to direct staff NOT to negotiate an exchange of State Water. Motion was lost (2-2-1, Council Member Reiss and Mayor Dunin voting no,Vice-Mayor Rappa absent). 6-15 I j ; 1 ! w 40 I C5 ulip\ )( -2 axles CIN OF SAN LUIS OBISPO GEODATA SERVICES !_�/ 955 MORRO STREET �(T7ACHNlENT 3 b b SAN LUIS OBISPO,CA 93407 (805)781-7167 02/18/00 08:42 R-3-PD �� �- R-4- 9 �B 90 -4 ''° 2 °y R-3-H -C-S-H Mission College Prep z �1 01 2 R-3R-3- -MU R- H R-3 PF- s� � 12 R13 $ PF-H 0- NIP O s s O-H J S J PF-H "� °� C-C 9O �a 69y -C- "3 ° .._— ° LO ° -3- -H C-C-Fk M NOTE TO USER �, - The buihting locations and number of units �`a1 !y� �U�S a shosn�On thMe maws may not be aeeumte w city of JOB]Spo E . MR,,t the Ie9M steno end fhenm be seed Y e ` _,� -"h[Y.�'•• wOVemsheoi/Posio��iceBo.e�005mlu:Coum.Cwo]a010�00 L} mfeuenm en111- ATTACHMENT 4 S 20 0 20 40 w�'��6 Tw Meters JUNE 1999 PLANNING DEPARTMENT MEET.. . 7_ooAGENDA Aft S US I 0 ITEM 9= AN L �S LITTLE THEATRE February 23, 2000 of Sen Luis Obispo Wendy George C�OUNCIL Ell DIR AdmiMsIratlor► COUNCIL Assistant to the City Administrative Off r3rCAO ❑FIN DIR City of San Luis Obispo �'1CCA0 ❑FIRE CHIEFA HR DR 990 Palm Street �ORIORNEY 0PW DIR FEB 2 5 2000 Pwow LERKIORIG ❑POLICE C San Luis Obispo, CA 93401 c EAM 1010 REC DIR UTIL a CDD w POLI�F PERS DIR FI<£ FVA M DIR Dear Ms. George, i lftS,DIR The purpose of this letter is to clarify Little Theatre's position regardin theater in downtown San Luis Obispo. Our December 13, 1999 letter identified three site options for the new theater. The following is a summary of those options. Option A,the parking lot(third lot in from the comer)will provide the most square footage and good design flexibility. The flexibility will meet the needs of Little Theatre as well as other potential users of the facility. It will locate the theater adjacent to the Hayes/Lattimer Adobe allowing our design to provide open space for this historical treasure. The additional space also provides an opportunity for open air productions. Option B, the corner lot and a portion of the second lot, provides adequate square footage and the greatest design flexibility. Option C,the comer lot, provides adequate square footage if the necessary variances are obtained. Based upon our recent discussions, we understand that Option B involves property not currently owned by the City. This provides a greater challenge in meeting the time frame conditions of our current lease agreement with the City. We would like to stress the fact that we are committed to remaining downtown. Little Theatre can make any of these sites meet our needs. These sites would be consistent with the Downtown Physical Concept Plan. Additionally, these sites would allow Little Theatre to anchor the Mission Plaza extension on the end opposite the Mission, something that we would be proud to attain. Thank you for your assistance in bringing this item to the.City Council for discussion and direction. We understand that this item will be placed on the March 7, 2000 Council Agenda. Please contact us with any questions, comments, or if you need any additional information. Sincerely, RECEIVED Nic Gaudiuso MAR 1 - 2000 Capital Campaign Chairman P.O. Box 122 • San Luis Obispo, California 93406 SLO CITY CLERK Business Office (805) 781-3889 • Box Office (805) 786-2440