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SR-03-27-1984-11BC /ED--PO:SM:mh COUNCIL MTG: 3/27/84 TO: Mayor and City Council FROM: City Staff Santa Monica, California SUBJECT: Recommendation to Approve Expansion of Surf View Cafe Lease Premises I W 2 7 1984 Introduction This report explains the rationale for expanding the Surf View Cafe lease premises on the Santa Monica Pier, includes architectural drawings of the expansion (Exhibit A), proposes an increase to the minimum monthly rent in proportion to the additional square footage and describes an investment recapture program for fifty percent (50%) of the total investment in the lease premises. Background In January, 1983, the lease from Ms. Camden ten (10) months, Mr. per week resulting in operator for the same in 1981. City Council approved the assignment of the Surf View Cafe to the present leasehold owner, Mr. Suh. During the following Suh has operated the business longer hours and six to seven days an 18% increase in sales over those reported by the previous months in 1982, and a 25% increase in sales for the same months In order to increase sales further, Mr. Suh has applied for a beer and wine license. This license has been issued with the condition that the property meet County Health Department regulations, which requires one men's and one women's public restroom within any building serving alcohol. To comply with this regulation, Mr. Suh proposes to extend the lease premises in the rear by 161 square feet. Mr. Suh also proposes to extend the rear patio by 282 square feet which will bring the patio boundry fence flush with the rear wall of the new extension (see Exhibit A). Neither the building nor patio extension will affect (1-0 MAR 2 7 1984 parking or any other Lessee or City operation. It will be located on "dead" space (see photos, Exhibit B). The addition of these handicap- accessible public restrooms will be a significant improvement to the lease premises and will help to alleviate the Pier's overall problem of insufficient restroom facilities. The benefits of additional restrooms to the Pier as well as the likelihood of generating more revenue to the City, based on increased gross sales from beer and wine, are the basis of staff's decision to proceed with this action at the present time rather than to defer it to the Pier Restoration Corporation (PRO. The PRC has been advised of the proposed expansion and the terms described herein and have not expressed any concerns or problems. Rent and Recapture The Surf View Cafe currently covers 1,749 square feet (building and patio). The minimum monthly rent is $574 plus ten percent (100) of the annual sales over $68,880. The current minimum monthly rent is therefore 33 cents per square foot. Staff recommends increasing the Surf View Cafe's minimum monthly rent and therefore the minimum annual sales in proportion to the number of additional square feet at the same rate per square foot that is currently charged. The minimum monthly rent would increase from $574 to $720 ($574 plus 443 sq.ft. x 33t)• The minimum annual sales would increase from $68,880 to $86,400 ($720 per month x 12 months divided by 10 %) (see Table A). Staff further recommends a recapture program which will permit Mr. Suh to receive credit for fifty percent (500) of his investment by applying fifty percent (50o) of the percentage overage on sales against the investment credit until the balance is zero or June 30, 1986, whichever comes first. -2- This recapture program will be nontransferable. If the Surf View Cafe lease is assigned, the recapture program will be cancelled and the credit balance, if any, will not be due to the assignee or Mr. Suh, the assignor. For example, the total investment is estimated at $10,000. Recapture would be permitted on up to $5,000 maximum. Estimated FY 1984 -85 Gross Sales Recommended Min. Annual Sales Sales Overage 100 of Sales Overage One -half Paid to City One -half Applied to Recapture Credit Balance of Recapture Credit 6/30/85 'Estimated FY 1985 -86 Gross Sales 'Recommended Min. Annual Sales Sales Overage 100 of Sales Overage Amount Applied to Recapture Credit Balance Percentage Overage Paid to City Balance of Recapture Credit 6/30/86 'Using estimated CPI increase of 40 $150,000 - 86,400 63,600 6,360 3,180 3,180 $ 1,820 ($5,000 minus $3,180) $156,000 89,856 6,614 1,820 4,794 $ -0- All receipts submitted by Mr. Suh in support of the total investment must be confirmed by the City Engineer prior to commencement of the recapture program. Recommended maximum recapture for this project is $5,000. City, County and State Agency Approvals Approvals or support from the City Landmarks Commission, Architectural Review Board, Building Department, County Health Department, State Coastal Commission and the PRC will be sought with all final approvals or statements of support expected by April, 1984. Financial Analysis This project will not impact FY 1983 -84 budget. The recapture program will begin the latter of two dates: July, 1984, or upon completion and review of construction. -3- The Surf View Cafe lease term expires June 30, 1991. For the balance of the lease term, beginning July, 1984 (seven years), the City will receive a guaranteed $12,264 (plus yearly CPI increases) additional rent.due to the increase in the minimum monthly rent. The increase of approximately eight patio tables plus the additional revenue from beer and wine should increase this Lessee's annual gross sales of which the City receives ten percent. Over the next two fiscal years, a maximum of $5,000 will be withheld from the percentage overage due the City in order for this Lessee to recoup fifty percent of his investment. Recommendation Staff respectfully recommends that Council: 1. Approve the expansion of-the Surf View.Cafe .lease premises by 443 square feet to include public handicap- accessible restrooms and additional patio.space. 2. Increase the minimum monthly rent to $720 and increase the minimum annual sales to $86,400 beginning July 1, 1984. 3. Approve the recapture program with maximum recapture of $5,000 to be completed when the balance is zero or June 30, 1986, whichever comes first. 4. Direct the City Attorney to prepare appropriate lease documents. Prepared by: Susan Mullin Manager, C /ED -Pier Operations Attachments: Exhibit A, Architectural Floor Plan Exhibit B, Photo of Existing Elevation Table A, Comparison of.Current E Recommended Rent -4- 04 W J Cf] h V -z O u n N M O Il r N N M O' to W N Ol N O M O 4- I� �' M 4- E Li O O N a V -z O u n N M O Il r N N M O' to W N Ol N O M O E•- I� �' M •- E N � O N a 0D Y U1 U Q 00 N C N N N N K O •— Y C N L L J U v- m U 3 N 4- L J N Ol -z O u n M O Il r N N M O' to W Vh Y C N L T L Y C O E Y G Ol L L J V Lf� J a Y U N o \° O L .- N a•I• u In M L M Y C X O E c O N X 'O Y m C N L w 0 Q E t� \ O M N � t\ �' th � V c c O O m _m J J U U m U U Ic w O' to U •E N •ro a � a L Y U1 Y Q C N C N N N N O •— In m Y T T N m m U d t m L 4- m Y J Y O Y W C C C O O c O N O m E m E rn c m E E E Y m o J J J c L� E E E N m •- U J J C C C L Y C N L T L Y C O E Y G Ol L L J V Lf� J a Y U N o \° O L .- N a•I• u In M L M Y C X O E c O N X 'O Y m C N L w 0 Q E t� \ O M N � t\ �' th � V c c O O m _m J J U U m U U Ic 11 -B: SURF VIEW CAFE LEASE /SANTA MONICA PIER: Presented was a staff report recommending approval of expansion of lease premises of Surf View Cafe, Contract No. 3379(CCS�Y;' on Santa Monica Pier. Councilmember Reed moved to approve the expansion of the Surf View Cafe lease premises by 443 square feet to include public handicapped- accessible restrooms and additional patio space; to increase the minimum monthly rate to $720 and increase the minimum annual sales $86,400 beginning July 1, 1984; to approve the recapture program with maximum recapture of $5,000 to be completed when the balance is zero or June 30, 1986, which ever comes first; to direct the City Attorney to prepare appropriate lease documents; further that it be stipulated that approval be contingent on the rear security fence and gate meeting approval by the Landmarks Commission and the Architectural Review Board. Second by Councilmember Epstein. Discussion was held. After discussion, the motion was approved by the following vote: Council Vote: Unanimously approved 7 -0 CITY COUNCIL MINUTES MARCH 27, 1.984 Reference: ATTACHED is a set of Plan's. Toilet Room Addition — Surf View Cafe #10 Santa Monica Pier — Lease Map #5239