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SR 12-05-2017 3E City Council Report City Council Meeting: December 5, 2017 Agenda Item: 3.E 1 of 3 To: Mayor and City Council From: Andy Agle, Director, Housing and Economic Development, Economic Development Division Subject: License Modification for Seasonal Ice Skating Rink Recommended Action Staff recommends that the City Council authorize the City Manager to execute a second modification to the license agreement with Downtown Santa Monica Inc., a California-based Corporation, to allow the sale of prepared food in operation of a seasonal ice rink on City property between the months of October and February. Executive Summary In an effort to enhance the annual holiday activity in Santa Monica’s Downtown a modification to the license agreement to allow for the sale of prepared food at the seasonal ice skating rink is requested. Since 2007, Downtown Santa Monica, Inc. (DTSM) has produced a successful public ice-skating rink on the City-owned surface parking lots at the corner of 5th Street and Arizona Avenue. The existing license agreement is set to expire at the end of the 2021/22 holiday season. DTSM has requested approval to sell prepared food and provide an expansion to the food offerings at the event to include items such as ice cream, hot dogs, and french fries to accommodate the expectations of patrons and provide a greater variety of food options than pre-packaged food items. Background For the last ten years, DTSM has transformed a city-owned surface parking lot at 5th Street and Arizona into “ICE,” a winter event featuring an ice rink, cabanas, food service, and holiday décor, as part of its broader “Winterlit” seasonal activities. ICE events attract approximately 60,000 skaters per season and many spectators, growing into a beloved local tradition. 2 of 3 The most recent license agreement approved by Council on September 13, 2016 (Attachment A) granted DTSM an extension to the term of the agreement with four, one- year options for a total license term of nine years as well as the right to replace one parcel in the license area, 1326 5th Street, for another parcel, 1323 5th Street. The parcel replacement would allow DTSM to expand community activities associated with its Winterlit programing, potentially including activities such as an outdoor cinema, a holiday market, and food truck nights. DTSM decided not to utilize the 1323 5th Street parcel as initially conceptualized. Discussion Currently, the license agreement limits the type of food available to only pre-packaged food items. Due to demand and interest of ICE patrons for a larger selection of food options DTSM has requested that the license agreement be modified to allow the sale of prepared food items, which is separate and distinct than the sale of pre-packaged food items. DTSM has engaged three local businesses from the downtown district to be involved in the ICE concessions to provide a wider range of food offerings such as ice cream, hot dogs, and french fries. These prepared food items have been included in the concession sales since the ice rink began operations this season on November 1. Staff recommends adding prepared food as a permitted use to the license agreement to allow DTSM to allow for the sale of prepared food at the ICE/Winterlit activities through the 2021/22 season. If Council does approve the sale of prepared food items then the items will be removed from the food concession. DTSM has obtained the required health permit from Los Angeles County. The term of the agreement expires at the end of the 2021/22 season. If the mixed- use development proposed for the site initiates construction during the remaining license term, the existing agreement has provisions allowing for termination at the City’s discretion. The other terms and conditions of the license agreement would remain unchanged. DTSM would continue to assume responsibility for all costs associated with the operation of the ice skating rink including staffing, ancillary 3 of 3 facilities and equipment, utility charges, and the $1 license fee charged by the City annually. Financial Impacts and Budget Actions There is no immediate financial impact or budget action necessary as a result of the recommended action. Prepared By: Jason Harris, Economic Development Manager Approved Forwarded to Council Attachments: A. September 13, 2016 Staff Report