Title
Recommendation to Approve Amy Wooldridge, Recreation and Parks Director, Eric Levitt, City Manager and Michael H. Roush, Chief Assistant City Attorney, as Designated Real Property Negotiators for Dialemi, Inc. (known as “Jim’s on the Course” or “Concessionaire”) Concession Agreement. (Recreation 280)
Body
To: Honorable Mayor and Members of the City Council
EXECUTIVE SUMMARY
Jim’s on the Course has provided food and beverage service at the Corica Park golf complex since 2006. The Concession Agreement (Agreement) requires construction of an event center to provide for golf tournament banquets and other rental events by the community. The Concessionaire has encountered significant obstacles in their efforts to complete the event center and has requested revisions regarding this portion of the Agreement. Such revisions fall within the scope of “term, price and conditions” for which the City Council must designate real property negotiators and then meet in closed session to provide direction to the negotiators.
BACKGROUND
In January 2006, the City of Alameda (City) entered into an agreement with Tom Geanekos to be the sole provider of food and beverage services at the Corica Park golf complex. The restaurant is known as “Jim’s on the Course.” After taking over the operations, Mr. Geanekos improved the overall quality of the restaurant resulting in an increased number of patrons visiting the facility from both the golfing and non-golfing community.
On March 1, 2016, the City entered into a new Concession Agreement with the Concessionaire to provide food and beverage service at the Corica Park golf complex. The 2016 Agreement included improvements to the existing restaurant facility and the addition of an enclosed patio for golf banquets and events.
On December 19, 2017, the City Council approved the First Amendment to the Agreement, which changed all references from construction of an enclosed patio to construction of an “event center.” This change was advocated by Greenway Golf and was conceptually approved by the Golf Commission, Recreation and Parks Commission, and Planning Board.
On March 19, 2019, the City Council approved an extension to December 31, 2019 for the completion of the event center, not including time for circumstances outside the Concessionaire’s control.
The Concessionaire has secured all permits for the event center except for one from the Alameda County Environmental Health Department, which is required since the proposed construction of the event center is located within 1,000 feet of a landfill.
The Concessionaire advises that to obtain this County permit will be problematic and has requested the City to modify the Agreement concerning the requirement to construct the event center. Discussion of such modifications falls within the scope of real property negotiations, which the Council may conduct in closed session. Before conducting such closed session item, the Council must identify its real property negotiators.
DISCUSSION
Under Government Code Section 54956.8 under Title 5, Division 2, Part 1, Chapter 9, the City Council must identify its real property negotiators for terms, price and conditions concerning Concessionaire’s request to modify the Concession Agreement. Staff recommends that the negotiators be Amy Wooldridge, Recreation and Parks Director and Michael H. Roush, Chief Assistant City Attorney.
ALTERNATIVES
• Approve Amy Wooldridge and Michael H. Roush as real property negotiators for the Concession Agreement.
• Identify other staff as negotiators.
• Choose to not negotiate with Concessionaire.
FINANCIAL IMPACT
There is no financial impact from this action.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action has no effect on the Alameda Municipal Code.
ENVIRONMENTAL REVIEW
Approval of Ms. Wooldridge and Mr. Roush as real property negotiators is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15301, as the issue at issue involves a minor alteration of an existing facility involving negligible expansion of use.
CLIMATE IMPACTS
This action has no climate impacts.
RECOMMENDATION
Approve Amy Wooldridge, Recreation and Parks Director, Eric Levitt, City Manager and Michael H. Roush, Chief Assistant City Attorney, as the designated real property negotiators to represent the City in discussions with Dialemi Inc., (known as Jim’s on the Course or “Concessionaire”) regarding potential changes to the Concession Agreement.
CITY MANAGER RECOMMENDATION
The City Manager concurs with the recommendation.
Respectfully submitted,
Amy Wooldridge, Recreation and Parks Director
Financial Impact section reviewed,
Elena Adair, Finance Director
cc: Eric Levitt, City Manager