CC 2013-08-27_08.i. License Agreement - Police Firearms RangeMEMORANDUM
TO: CITY COUNCIL
FROM: STEVEN N. ANNIBALI, CHIEF OF POLICE 7*-
SUBJECT: CONSIDERATION OF AN AMENDMENT TO THE LICENSE AGREEMENT
TO PROVIDE FOR THE USE OF REAL PROPERTY FOR A POLICE
DEPARTMENT FIREARMS RANGE
DATE: AUGUST 27, 2013
RECOMMENDATION:
It is recommended the City Council approve the amended License Agreement with the
Arroyo Ranch Company as outlined in the attached agreement and authorize the Mayor to
execute the amended License Agreement.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
This amended License Agreement will provide for the use of real property for a Police
Department firing range beginning August 27, 2013 through September 15, 2015 unless
terminated sooner as provided. This amended License Agreement is based on the costing
model that increases 2% per year beginning at $2,910.00 annually. The General Fund is
budgeted in FY 2010 through FY 2015 for the lease agreement, which will cover the cost.
BACKGROUND:
On July 1, 2005, the City entered into a License Agreement with the Arroyo Ranch
Company to provide for the use of real property for a Police Department firearms range.
On September 10, 2010, the Council approved a new License Agreement that extended
the term of the agreement to June 30, 2015.
A recent review of that License Agreement revealed an error in the property description as
it relates to measurement. Page one of the License Agreement described the
measurement as "An area of 100 feet by 150 feet in size". The actual property used for
the pistol range is an area of approximately 140 feet by 400 feet. The general area of the
range has not changed since the original 2005 agreement. It appears that there was a
clerical error on the original document.
Additionally, the inclusion of section 8 in this amended License Agreement outlines the
exclusive use of the facility for public safety purposes and outlines the authority of the
Chief of Police to approve any use of the facility by guests, invitees and Arroyo Grande
Police Department members.
Item 8.i. - Page 1
CITY COUNCIL
CONSIDERATION OF AN AMENDMENT TO THE LICENSE AGREEMENT TO
PROVIDE FOR THE USE OF REAL PROPERTY FOR A POLICE DEPARTMENT
FIREARMS RANGE .
AUGUST 27, 2013
PAGE2
ANALYSIS OF ISSUES:
The availability of a firearms range within close proximity of the City limits is of significant
value for the Police Department. This firearms range continues to allow for an efficient and
effective firearms training and qualification program. The close proximity reduces the
exposure to excessive overtime due to a long commute to other available facilities located
at the Sheriff's Department Kansas Street facility north of Cal Poly or the Diablo Canyon
Facility located deep within the Diablo Canyon grounds. Additionally, the close proximity
allows for some firearms activities to be completed while on duty without generating
overtime due to the reasonable response time to the City.
The general area of the range has not changed since the original 2005 agreement. It
appears that there was a clerical error on the original document and this amendment to the
License Agreement is intended to correct the agreement.
This amended License Agreement outlines the exclusive use of the facility for public safety
training purposes and outlines the authority of the Chief of Police to approve the use of the
facility by guests, invitees or any other persons.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
1. Approve staff's recommendation to approve the amended License
Agreement with the Arroyo Ranch Company;
2. Do not approve staff's recommendation and direct staff to seek alternatives
for the use of a firearms range; or
3. Provide Direction to staff.
ADVANTAGES:
Approval of the License Agreement will enable the City to provide continuity in the Police
Department's Firearms Training Program at a reduced overtime cost. It will also correct
the property description measurement errors and provide language regarding the exclusive
use.
DISADVANTAGES:
No disadvantages have been identified.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
Item 8.i. - Page 2
CITY COUNCIL
CONSIDERATION OF AN AMENDMENT TO THE LICENSE AGREEMENT TO
PROVIDE FOR THE USE OF REAL PROPERTY FOR A POLICE DEPARTMENT
FIREARMS RANGE
AUGUST 27, 2013
PAGE3
PUBLIC NOTIFICATION AND COMMENTS:
The public impacted by the proposal is the Arroyo Grande Police Department's service
population. The public has been made aware of the proposal before Council by a posting
of the Agenda in the front of City Hall on Thursday, August 22, 2013 and on the City's
website on Friday, August 23, 2013. No public input has been received to date.
ATTACHMENT:
1 . Amended License Agreement to Provide for the use of real property
Item 8.i. - Page 3
ATIACHMENT1
AMENDMENT TO LICENSE AGREEMENT
THIS AMENDMENT TO LICENSE AGREEMENT is entered into this day of
____ , 2013 by and between the CITY OF ARROYO GRANDE, CALIFORNIA, a
municipal corporation, hereinafter referred to as "CITY" and ARROYO GRANDE
RANCH COMPANY, 4890 Huasna Road, Arroyo Grande, California hereinafter referred
to as "OWNER".
WHEREAS, on July, 1, 2010 City and Owner entered into a License Agreement (the
"Agreement") to provide for the use of certain property belonging to Owner for use as a
pistol range for City's Police Officers and other authorized personnel; and
WHEREAS, the City and Owner desire to amend the License Agreement to clarify the
property description and provide for the exclusive use of the facility for public safety
purposes.
NOW, THEREFORE, the City and Owner agree as follows:
1 . The description of the property contained in the second paragraph of Section 1 of
the Agreement is revised to read as follows:
"An area of approximately 140 feet by 400 feet in size for pistol range purposes
which is located in that certain 700 acre portion of Rancho Santa Manuela as
shown in the map being Parcel 1 of Assessor's Parcel #048-191-01 in the County
Recorder's Office of the County of San Luis Obispo. Said area is located along
the south side of the public road now called 'Huasna Road' approximately 4 miles
East of the City of Arroyo Grande as shown on the attached map. The actual
location of said area has been mutually agreed upon by the parties hereto, and
located upon the ground by the placing of stakes."
2. Section 8 is hereby added to the Agreement to read as follows:
"8. In order to ensure safety and limit potential misuse and/or damage to the
property, the parties agree that the City shall have exclusive use of the described
real property for public safety training purposes, as set forth in Section 1 of this
Agreement. The parties further agree that the Chief of Police of the City of
Arroyo Grande shall have the authority to approve any use of the police pistol
range facility by guests, invitees or any other persons. Any such permission to
use the facility must be approved in advance, and may only be authorized by the
Chief of Police or his designee. "
Item 8.i. - Page 4
3. Except as amended herein, all other terms and conditions of the Agreement
shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF ARROYO GRANDE
By: __________ _
Tony Ferrara, Mayor
Attest:
Kelly Wetmore, City Clerk
Approved As To Form:
Timothy J. Carmel, City Attorney
ARROYO RANCH COMPANY
By: ___________ _
Barbara Bettex Gisler
Its: General Partner
Item 8.i. - Page 5
THIS PAGE INTENTIONALLY LEFT BLANK
Item 8.i. - Page 6