CC 2015-06-23_08h License Agreement for Police Firearms RangeMEMORANDUM
TO: CITY COUNCIL
FROM: . STEVEN N. ANNIBALI, CHIEF OF POLICE
SUBJECT: CONSIDERATION OF A LICENSE AGREEMENT WITH HIOJT RANCHES
TO PROVIDE FOR THE USE OF REAL PROPERTY FOR A POLICE
DEPARTMENT FIREARMS RANGE
DATE: JUNE 23, 2015
RECOMMENDATION:
It is recommended the City Council approve the License Agreement with HIOJT Ranches
for the use of real property for a police department firearms range and authorize the Mayor
to execute the Agreement.
FINANCIAL IMPACT:
This new License Agreement will provide for the use of real property for a Police
Department firing range beginning July 1, 2015 through June 30, 2020 unless terminated
sooner as provided. This License Agreement is based on the costing model that increases
3% per year beginning at $3,250.00 annually. The General Fund is budgeted in FY 2015-
16 for the License Agreement, which will cover the cost.
BACKGROUND:
In July of 1998, former Chief of Police Terborch executed a License Agreement with the
Arroyo Ranch Company to provide for the use of real property for a Police Department
firearms range. The License Agreement has been renewed every five years since 1998.
On May 7, 2014, the Arroyo Ranch Company sold the property to HIOJT Ranches which
has continued to honor the License Agreement. The License Agreement expires on June
30, 2015.
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 allows 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
Sheriffs Office at the Kansas Street facility location 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.
Item 8.h. - Page 1
CITY COUNCIL
CONSIDERATION OF A LICENSE AGREEMENT TO PROVIDE FOR THE USE OF
REAL PROPERTY FOR A POLICE DEPARTMENT FIREARMS RANGE
June 23, 2015
PAGE2
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
1. Recommended Alternative: Approve staff's recommendation to approve the
License Agreement with the HIOJT Ranches;
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.
DISADVANTAGES:
No disadvantages have been identified.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
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, June 18, 2015 and on the City's
website on Friday, June 19, 2015. No public input has been received to date.
ATTACHMENTS
1. License Agreement to Provide for the use of real property
Item 8.h. - Page 2
ATTACHMENT 1
LICENSE AGREEMENT
THIS LICENSE AGREEMENT entered into this 151 day of July 2015 between the City
of Arroyo Grande, California, a municipal corporation, hereinafter termed "CITY" and HIOJT
Ranches, P.O. Box 360, Arroyo Grande, California hereinafter sometimes termed "OWNER."
WHEREAS, City desires to obtain the use of certain hereinafter described real
property belonging to Owner for the use of a firearms range for its authorized Police Officers
and other authorized personnel, and;
WHEREAS, Owner is willing to permit use of said real property for such purpose
subject to certain conditions.
NOW, THEREFORE, it is agreed by and between City and Owner as follows:
1. Owners does herewith give to City a license to use the hereinafter described
real property for the purpose of building, maintaining and operating thereon a firearms range
which shall be used only when and by personnel duly authorized by City. The parties agree
that the license granted herein is irrevocable in nature subject only to termination as set forth
in this agreement.
1. The property upon which said firearms range is to be located is described 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. In consideration of the use of said land above described, City agrees to pay
Owner annually as follows:
a. $3,250.00 due July 1, 2015
b. $3,347.50 due July 1, 2016
c. $3,447.93 due July 1, 2017
d. $3,551.36 due July 1, 2018
e. $3,657.90 due July 1, 2019
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Item 8.h. - Page 3
)
3. Term
The term of this agreement shall be from July 1, 2015 through June 30, 2020.
4. This agreement may be terminated by either of the parties hereto by the giving
to the other party of one hundred eighty (180) days prior written notice.
Upon termination of this Agreement, City shall remove any improvements which it has
placed upon the property. Any such improvements shall be removed within the 90 day
period. To the fullest extent practicable, City shall further restore the premises to the
condition Which existed as of the date prior to July 1, 1998. Additionally, the City shall
remove any contaminants from the firing range site as required by State or Federal law to the
extent such contaminants are the result of City's use of Owner's property as a firing range.
5. City represents that it has examined the property and is familiar with the
condition thereof. This Agreement is made upon the express condition that Owner is to be
free from all liability and claim for damages by reason of any injury to any person or persons,
including City, or property of any kind whatsoever while in, upon or in any way connected with
the said premises, or the access thereto during the term of this agreement or any extension
hereof, or any occupancy hereunder, City hereby covenants and agrees to indemnify and
save harmless Owner from all liability, cost, loss and obligations on account of or arising out
of any such injuries or losses however occurring. The foregoing shall not apply to any
liability, loss, claim, demand, damage or injury either intentionally or negligently caused by
Owner or Owner's guests or invitees. City further agrees to have its policy of public liability
and property damage insurance endorsed to name Owner as an additionally named insured
to protect Owner against any liability to the City or public incident to the use of or result in
from any accident occurring in or about said premises. This policy shall insure the contingent
liability of Owner.
6. No improvements shall be placed upon said premises without prior written
consent of Owner.
7. Access to the said premises is to be by an existing road extending from the
"HUASNA Road" approximately 2,640 feet in length. The parties recognize that City may
wish to make some improvements to the roadway for the purpose of better access. Any
substantial improvements shall be made only with the prior written consent of Owner.
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
2
Item 8.h. - Page 4
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. "
There is presently a gate at the entrance to the canyon. The gate is to be kept closed
and locked, excepting only for actual passage through the gate. It is the intent of the parties
that the gate will be kept locked whether or not the range is or is not in actual physical use at
any particular time.
IN WITNESS THEREOF, the parties hereto have signed this Agreement the day and
year first above written.
CITY OF ARROYO GRANDE HIOJT Ranches
BY: B: ------------------------Jim Hill, Mayor Todd Talley
Its: General Partner
Date:
Date:
Attest:
Kelly Wetmore, City Clerk
Date:
As Approved to form:
Heather Whitham, City Attorney
Date:
3
Item 8.h. - Page 5
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