11.b. Childrens resource networkMEMORANDUM
TO: ClTY COUNCIL
A+'
FROM: TERESA MCCLISH, ~OMMLINITY DEVELOPMENT DIRECTOR
BY: AILEEN NYGAARD, ASSISTANT PLANNER@
SUBJECT: CONSIDERATION TO ALLOW THE CHILDREN'S RESOURCE
NETWORK TO OPERATE A TEMPORARY MOBILE CLOSET AT THE
ClTY OF ARROYO GRANDE AND WOMAN'S CLUB COMMUNITY
CENTER LOCATED AT 21 1 VERNON STREET.
DATE: APRIL 24,2012
RECOMMENDATION:
It is recommended the City Council approve and authorize the Mayor to execute a Grant of
License and Agreement Affecting Real Property with the Children's Resource Network to
allow temporary use of the grounds at the Woman's Club Center for a mobile clothing
closet.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There are no direct City costs related to the proposed project.
BACKGROUND:
The Children's Resource Network(CRN) is a nonprofit organization which gathers childrens'
clothing and school supplies and redistributes to those locally in need at no cost. The CRN
currently operates a facility known as the Teen's Closet located at the Coastal Christian
school on Farroll Avenue, which occupies a fixed portable classroom building. The existing
program is restricted to use by appointment for family advocates. The closet has donation
barrels located at Albertsons and other locations within the community. No donations are
accepted at the facility.
The CRN plans to expand their services to accommodate younger children with a mobile
distribution center located within a 8'x 24'x 12' box trailer. The CRN proposes to utilize the
Women's Center as a temporary home-based parking location for the trailer on a trial basis
for one year. The trailer will be available to advocates by appointment 2-3 days a week for
2-3 hours at a time. The Retired Seniors Volunteer Program(RSVP) will provide staffing of
the distribution center with two volunteers for each shift. The permanent staff schedule for
restocking inventory will vary daily. To avoid maximizing the trailer occupancy, a portable
park bench will be used to provide an outside waiting area.
The CRN chose to utilize a mobile trailer for the new distribution center so that they can
expand their outreach to include travel to sites such as migrant farm housing and
emergency evacuation centers. The trailer will be stocked at all times with a variety of
Agenda Item 11.b.
Page 1
CITY COUNCIL
CONSIDERATION TO ALLOW THE CHILDREN'S RESOURCE NETWORK TO
OPERATE A TEMPORARY MOBILE CLOSET AT THE WOMAN'S CLUB CENTER
LOCATED AT 21 1 VERNON STREET.
APRIL 24,2012
PAGE 2
clothing, school supplies, blankets, toiletries, toys, and books. No processing or acceptance
of donations will occur at this site.
Access to the trailer is by a 36" wide side door and the back tailgate ramp. Day lighting is
achieved through the open access doors and 3 skylightslvents. Electrical lighting will be
wired as a back-up and require a generator. The trailer will be stabilized with a system of
four jacks at each corner. The trailer will be a basic white with a Children's Resource
Network logo painted on both sides.
ANALYSIS OF ISSUES:
The use of a mobile trailer as a distribution center does not clearly fall under the regulations
of the existing Municipal Code. The mobile nature of the trailer indicates a Mobile Vending
Permit, yet the program is not as transitory as a mobile vendor which restricts the amount of
time allowed in any one location. The proposed approach is to issue a Temporary Use
Permit(TL1P) to allow the use in one location for a limited amount of time and evaluate the
results of the trial program. The TUP will be approved administratively based upon a
favorable approval of the City Council.
The preferred trailer location has been proposed for the far northem comer in the upper
back lot. With the trailer hitch and ramp open, the trailer will need approximately 40' of
length and space for the towing vehicle to maneuver. This location will occupy
approximately 4-5 parking spaces. Upon City Council direction, an exact location will be
evaluated by staff for access and circulation in conjunction with the various groups that
utilize the facility.
ADVANTAGES:
Approval of the proposed use of the Woman's Club Center grounds will provide an
opportunity to evaluate the operation of the trailer facility as a distribution center. This trial
program could help stimulate other similar programs within San Luis Obispo County,
thereby further assisting the struggling families in the local communities.
DISADVANTAGES:
'The primary impact is the loss of parking spaces during high parking demand events which
occur a few times a year. The property use agreement addresses this issue with the
provision to request that the trailer be moved during high parking demand events. There is
also an aesthetic impact to the grounds by parking a temporary storage structure.
ALTERNATIVES:
1. Approve the use of the property through an agreement with the CRN.
2. Do not approve use of the property by the CRN.
3. Provide direction to staff.
Agenda Item 11.b.
Page 2
CITY COUNCIL
CONSIDERATION TO ALLOW THE CHILDREN'S RESOURCE NETWORK TO
OPERATE A TEMPORARY MOBILE CLOSET AT THE WOMAN'S CLUB CENTER
LOCATED AT 211 VERNON STREET.
APRIL 24,2012
PAGE 3
ENVIRONMENTAL REVIEW:
Staff has reviewed this project in compliance with the California Environmental Quality Act
(CEQA), the CEQA Guidelines and the City of Arroyo Grande Rules and Procedures for
implementation of CEQA. The parking lot at the project site is used by various
organizations at all hours and is currently not restricted. Based on the review, staff has
determined that the project is exempt pursuant to CEQA Guidelines Sections 15061 (b)(3) in
that there is no possibility for the activity to have a significant impact on the environment,
and 1531 1, in that placement of temporary use items generally do not result in changes to
facilities designed for public use.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front of City Hall on Thursday, April 19, 2012. The Agenda and
report were posted on the City's website on Friday, April 20, 2012.
Attachments:
1. CRN Brochure
2. Trailer exhibit
3. Grant of License and Agreement Affecting Real Property
Agenda Item 11.b.
Page 3
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ease Join Our
Community Partnership!
Did you know there are over 650(
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We are a community partnership that
works together as a teem to help the
disadvantaged children and struggling
familiem in our community. We are a
coSlaboration of volunteers, busi-
nesses, corporations and family advo-
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tour finanaial contribution ie ,..
investment in their futum and
our future as a community. 'g We are a registered SO1 (0)3
non-profit charitable corporation.
Tax ID# 27-1 473791
Ms. Lisa Ray
President/ CEO
(806) JOB4673
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ATTACHMENT 2
Agenda Item 11.b.
Page 6
GRANT OF I-ICENSE AND
AGREEMENT AFFECTING REAL PROPERTY
This Grant of License and Agreement Affecting Real Property ("Agreement") is entered
into on this day of 2012 (the "Effective Date") by and between the City of
Arroyo Grande ("City"), a municipal corporation, and The Children's Resource Network of the
Central Coast ("CRN"), a non-profit corporation. City and CRN are sometimes referred to
throughout this Agreement as "Party" and collectively as "Parties."
WHEREAS, CRN is a non-profit organization which provides children's clothing and school
supplies to needy children within the central coast;
WHEREAS, CRN currently operates its program at a facility commonly known as the "Teen's
Closet" which is a fixed portable classroom building located at the Coastal Christian School at
Farroll Avenue, Arroyo Grande;
WHEREAS, CRN intends to expand its operations by utilizing a 8'x 24'x 12' mobile trailer (the
"Trailer") in order to expand its outreach by having the ability to travel to sites such as
emergency evacuation centers and migrant farm housing;
WHEREAS, CRN desires to use a portion of the Arroyo Grande and Woman's Community
Center (the "Woman's Center") parking lot, as more particularly depicted in Exhibit "A" attached
hereto and incorporated herein by the reference (the "Premises"), as a temporary home-base
parking location for the Trailer on a trial basis for one (1) year; and
WHEREAS, City is willing to grant CRN a license to use the Premises subject to the terms and
conditions set forth in this Agreement.
Agreement
NOW, 'THEREFORE, in consideration of the mutual promises and covenants contained herein
and for other good and valuable consideration, the receipt and adequacy of which is hereby
acknowledged and intending to be legally bound hereby, it is hereby agreed by and between the
Parties as follows:
1. Premises. City does hereby grant to CRN a non-exclusive license to use the
Premises, subject to the terms of this Agreement.
2. Use. The Premises may be used solely in connection with CRN's mobile
distribution center operation as authorized pursuant and subject to the conditions of approval
set forth in CRN's Temporary Use Permit No. (the "TUP").
ATTACHMENT 3
Agenda Item 11.b.
Page 7
3. Term. This License shall commence upon issuance of a 'KIP by the City and the
expiration of any applicable appeal period related thereto, and shall expire one (1) year
thereafter, unless sooner terminated or further extended by the Parties.
4. Parkina Conflicts. In the event City requires the use of the Premises in order to
accommodate any other parking needs or events as determined by the City in its sole
discretion, CRN shall timely remove the Trailer and any related equipment (i.e. benches) upon a
minimum of twenty four (24) hours prior notice by City. In the event City requires immediate use
of the Premises for emergency or other similar matters, City may move the Trailer to a different
location without any liability or claim of damage whatsoever by CRN.
5. Insurance and Indemnification.
(a) Insurance. CRN shall maintain at CRN's sole cost and expense, liability
insurance for any and all damages of any and every kind resulting in personal injury or property
damage arising out of CRN's use of the Premises. Such insurance shall be approved by City,
name City as an additional insured/loss payee and contain a provision that the policy shall not
be terminated, amended or altered except upon thirty (30) days prior written notice to City. CRN
shall provide proof of such insurance to City within ten (10) days of the Effective Date.
(b) Indemnification. CRN shall defend, indemnify and hold City and all of
City's officials, officers, employees and agents harmless from and against any and all liability
arising out of CRN's use of, or act or omission in connection with, the Premises. Such
indemnification shall include, but not be limited to, reimbursing City for all damages, costs, fees,
including attorneys' fees and expenses. The obligation of CRN to defend, indemnify and hold
City harmless shall survive the termination of this Agreement.
6. Assianment. CRN shall not assign its interest in the Premises.
7. Termination. This Agreement shall be terminable at-will by either Party upon five
(5) days prior written notice to the other party. This Agreement shall automatically terminate
upon expiration, revocation or termination of the TUP.
8. CRN's Covenants. CRN covenants to City that it will:
(a) Abide by all of its terms and conditions set forth herein and in the TUP;
(b) Keep the Trailer in good and safe repair and the Premises in a clean,
neat and orderly condition;
(c) Comply with all laws, regulations, ordinances and rules, including but not
limited to, the TUP and any and all environmental laws, rules and regulations; and
(d) Not place in or on nor bring in or onto the Premises any hazardous
substance as such term is defined under state or federal law, whichever definition being more
expansive.
Agenda Item 11.b.
Page 8
9. Notice. Any notice required or permitted to be delivered hereunder shall be
deemed received when sent by United States mail, postage prepaid, certified mail, return
receipt request, addressed to City or CRN, as the case may be, at the address set forth below:
City of Arroyo Grande Children's Resource Network
Attn: Community Development Director Attn: Lisa Ray
300 East Branch Street PO Box 454
Arroyo Grande, CA 93420 Pismo Beach, CA 93448
10. Governincl Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
11. Severability. In the event that any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect,
such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this
Agreement shall be construed as if such invalid, illegal or unenforceable provision had never
been contained herein.
12. Entire Aqreement. Except for the TUP, this Agreement constitutes the complete,
final and exclusive agreement of the Parties hereto excluding agreements and conditions
referenced herein and supersedes any prior understandings or written or oral agreements
between the Parties in connection with this subject matter. The Agreement and the terms and
conditions herein may not be modified except by a writing signed by all Parties hereto.
13. Counterparts. This Agreement may be executed in counterparts with each copy
having the full force and effect as if one agreement were executed.
14. Independent Review. Each Party acknowledges and agrees that it has had the
opportunity to thoroughly review the terms contained herein, to obtain the advice of independent
legal counsel in connection therewith and that this Agreement is the product of negotiations
between the Parties. Consequently, the Parties agree that in the event of any dispute, this
Agreement shall not be construed against one Party and in favor of another, based upon the
fact that the one Party may have drafted this Agreement or a particular provision.
[Signatures on Next Page]
Agenda Item 11.b.
Page 9
N WITNESS WHEREOF, the Parties have executed this Agreement as of the date and year first
written above.
CITY OF ARROYO GRANDE CHILDREN'S RESOURCE NETWORK
STEVEN ADAMS, City Manager
ATTEST:
KELLY WETMORE, City Clerk
APPROVED AS TO FORM:
By:
LISA RAY
TIMOTHY J. CARMEL, City Attorney
Agenda Item 11.b.
Page 10
Exhibit "A"
Agenda Item 11.b.
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Agenda Item 11.b.
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