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SR-112707-8B~~~ City Council Report City of Santa Monica - City Council Meeting: November 27, 2007 Agenda Item: ~J~ To: Mayor and City Council From: Barbara Stinchfield, Community and Cultural Services Director Subject: Approval of Criteria for .Selection of Concessionaire at the Annenberg Community Beach Club at Santa Monica State Beach Recommended Action Staff recommends that the City Council approve specific criteria for selection of an operator to provide concession services at the new Annenberg Community Beach Club at Santa Monica State Beach (415 PCH), as outlined in this staff report. Executive Summary This report outlines criteria to use in reviewing proposals from potential operators for concession services at the new Annenberg Community Beach Club at Santa Monica State Beach (415 PCH) as a key visitor service for users of the facility. The desired concession includes sit-down and take-out food service at the existing beach cafe as well as rental of beach equipment for visitors to the facility once opened in early 2009. A Request for Proposals (RFP) will be issued in December of 2007, and, using the criteria set forth in this report, City staff will evaluate proposals prior to returning to the City Council with a recommended concessionaire. The proposed selection criteria give preference to high performing incumbents and small businesses, among other considerations, and are consistent with prior direction of the City Council to consider incumbents and small businesses in the award of these types of contracts. The proposed criteria are similar to those used by California State Parks in other state park concessions. Staff believes that together these criteria will provide .the evaluation committee with the tools necessary to identify the most qualified concessionaire for the new beach club, scheduled to open in early 2009. Discussion As part of the development of the Annenberg Community Beach Club, the City Council approved the project design and basic operating parameters that included the continuance of the existing beach cafe food service ("Back on the Beach") as well as take-out food service and beach equipment rentals. Now that the construction is well 1 underway, the selection of a concessionaire for these services is imperative to give the successful bidder appropriate time to plan for the beach club's opening early in 2009. In accordance with City ordinances and State law, the concession contract will be bid through an RFP process. This report presents to Council staffs proposed criteria for evaluating proposals submitted in response to this RFP and provides an opportunity for Council to discuss the overall merits of the City's lease award process. Background On September 27, 2005, City Council discussed the merits of the City's process for evaluating proposals for City leasing opportunities. At that time, Council requested that this subject be considered further. An Information Item responding to Couhcil concerns was published on October 2, 2007 by the City's Economic Development Division regarding the City's standard evaluation criteria and process. On July 24, 2007, City Council authorized staff to submit a request to California State Parks for approval of the minimum bid requirements for the new beach club concession contract as required by State law. Those terms included a contract term not to exceed ten years and a minimum annual rental bid of 10% of gross receipts or $100,000, whichever is greater. At that time, and in response to the September 27, 2005 discussion, staff committed to returning to Council prior to the issuance of the RFP for this concession regarding the proposal evaluation criteria, specifically relating to local and small businesses. Recommended Criteria Staff recommends that proposals be evaluated based on the criteria outlined below. These criteria are similar to the criteria used by the State for other state park concessions and are in conformance with the criteria used for other City leases as described in the Information Item of October 2, 2007. Proposed criteria include: • The scope, extent, applicability, and quality of proposer's experience, particularly with regard to the development, management, and operation of comparable food service facilities. Preference will be granted to high-performing, incumbent concessionaires. 2 • The extent, appropriateness, and quality of proposed capital improvements. Proposed improvements will be evaluated based on the extent to which they address state health codes, contribute to the desired visitor experience and are consistent with the other physical and operational aspects of the site. Financial resources, history, and references of the proposers) and the financial feasibility of the operation as proposed. Preference will be given to Small Businesses as defined by California's Small Business Certification program (Attachment 1). • Compatibility of the proposed operation with the site and the proposer's demonstrated understanding of and commitment to the City's goals for the site. • Quality and feasibility of proposer's food service plan and commitment to healthy food standards. Competitiveness, appropriateness, and feasibility of proposer's rental bid. Bids will be weighed against the quality of services and capital improvements proposed. Thus, the rental bid of those proposers who commit to the highest standards of food quality and/or facility irnprovement will be weighted when compared to proposers who offer only moderate standards. By providing a preference for high-performing incumbents, the City can reward high- quality and reliable operators and support the continuation of traditional services valued by the public. A small business preference will help to "level the playing field" between large and small operators and is compatible with the small business incentive program used by the State. Staff believes that together these criteria will provide the evaluation committee with the tools necessary to recommend the most qualified operator for the site. Previous Council Actions On September 27, 2005, City Council discussed the merits of the City's process for evaluating proposals submitted in response to RFPs for City leasing opportunities. After considerable discussion, Council directed staff to provide opportunities for discussing a general philosophy of leasing City assets and evaluation criteria that considers existing operators and small businesses. 3 On February 28, 2006, the City Council reviewed and approved the refined schematic design plans for the Annenberg Community Beach Club including the retention of the existing restaurant, incorporation of a take out window, and a new concession building for beach rentals at the north end of the site. On Mav 25, 2006, the City Council denied appeals of the Planning Commission and Landmarks Commission actions; certified the Final EIR; and approved the Development Review Permit, Reduced Parking Permit, FenceM/all height modification, and Certificate of Appropriateness for the Project. On September 12. 2006 the City Council approved terms of the settlement agreement with project neighbors and on September 26, 2006 the City Council adopted a resolution expressing its intentions as to the duration of certain Project Conditions of Approval as agreed upon in the approved settlement agreement. On January 23. 2007, the City Council approved activation of phase two of Design-Build contract for adaptive reuse of 415 Pacific Coast Highway. Alternatives Alternatives include the removal of some evaluation categories such as small business status and incumbent performance. Environmental Analysis Operation of the proposed concession was included as part of the environmental analysis completed for the rehabilitation and adaptive reuse of the site. Public Outreach All parties that have expressed an interest in this project or in other City or State concession opportunities will be notified of this RFP. Its availability also will be published in local media. Financial Impacts and Budget Actions At a minimum, these contract terms will maintain the current rent paid to the City of approximately $100,000 per year, which is included in the FY2007-08 adopted budget. 4 Additional revenue may be generated based on the proposal selected contract is awarded, the additional revenue amount will be identified. Prepared by: Callie Hurd, Open Space Manager Approved: ~'u~-emu.- U(~t Barbara Stinchfield Director, Department to Council: P a ont Ewell it anager 5 When the Attachment 1 Small Business Certification Eligibility Requirements • Must be independently owned and operated; • Cannot be dominant in its field of operation; • Must have its principal office located in California; • Must have its owners (or officers in the case of a corporation) domiciled in California; and Together with its affiliates, be either: o A business with 100 or fewer employees, and an average annual gross receipts of $12 million or less over the previous three tax years, or o A manufacturer with 100 or fewer employees. 6