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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