-CIT :.: ~n ICO City Council Agenda Report Meeting Date: May 21, 2013

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1 -CIT :.: ~n ICO City Council Agenda Report Meeting Date: May 21, 2013 TO: FROM: RE: City Council Ruben Martinez, Public Works Director Resolution Authorizing Grant of License to Celestino Gencarelli at 101 Salem Street REPORT IN BRIEF: Celestino Gencarelli, the owner of Celestino's New York Pizza and Pasta has requested a grant of license to encroach on City right of way at 101 Salem Street, for the purpose of installing an American with Disabilities Act (ADA) pedestrian ramp and stairs, and authorize execution of the grant by the City Manager. Recommendation: The Public Works Director recommends adoption of the following resolution: RESOLUTION OF THE CITYCOUNCIL OF THE CITYOF CHICO AUTHORIZING GRANTOF LICENSE TO CELESTINO GENCARELLI FOR ENCROACHMENT ON PUBLIC RIGHT OF WAY (101 Salem Street) (Attachment A) FISCAL IMPACT: NA BACKGROUND: Celestino Gencarelli, the owner of Celestino's New York Pizza and Pasta has requested a grant of license (Attachment 8) for the purpose of providinq an ADA pedestrian ramp and stairs on public right of way at 101 Salem Street. Previously, Celestino's property had met ADA standards with a ramp that required customers to enter the facility from the rear of the building. With the construction of the Downtown Couplet Project, Mr. Gencarelli saw an opportunity to enhance the main entrance of his structure with new ADA pedestrian ramp and stairs (Attachment C). Separately, yet concurrently being processed, Celestino's has requested an Outdoor Cafe Permit. The Cafe Permit would allow Celestino's to serve food and beverages to customers located within a fenced patio in front of the business. The fence, including chairs, tables and umbrellas improvements are not a part of the Grant of License (GOl) permit. Response letters from AT&T, Pacific Gas and Electric Company, California Water Service, and Comcast Cable (Attachment D) have been received with all comments directed towards the Cafe Permit and indicated they have no objection to the installation of the GOl improvements. ENVIRONMENTAL REVIEW: This project is categorically exempt pursuant to CEQA Section (General Rule), in that it can be said with certainty that there is no possibility that the construction of an ADA pedestrian ramp and stairs will have a significant effect on the environment. PUBLIC CONTACT: DNA S:\Grants of License\Celestino's Pizza_2013\agenda report_celestino.frm Itetn # 2.1

2 RE: Resolution Authorizing GOl to Celestino's Meeting Date: May 21,2013 Page 2 Reviewed by: Approved by: Brian S. Nakamura City Manager DISTRIBUTION: City Clerk (3) AP Morley PWD Martinez Varga ATTACHMENTS: Attachment A - Resolution with Exhibit A and B Attachment B - Outdoor Cafe Plat Attachment C - Celestino's Request Attachment D - Utility letters FILE: CP-Q S:\Grants of license\celestino's Pizza_2013\agenda report_celestinojrm

3 RESOLUTION NO RESOLUTION OF THE CITY COUNCIL OF THE CITY OF cmco AUTHORIZING GRANT OF LICENSE TO CELESTINO GENCARELLI FOR ENCROACHMENT ON PUBLIC RIGHT OF WAY (101 SALEM STREET) 5 WHEREAS, Celestino Gencarelli has requested a Grant oflicense from the City of 6 Chico to encroach upon the public right ofway in the location described in Exhibit "A" and 7 delineated in Exhibit "B"; and 8 WHEREAS, this Council finds that the proposed encroachment does not interfere with 9 the present needs ofthe City. 10 NOW, THEREFORE, be it resolved by the Council ofthe City ofchico as follows: A revocable license is hereby authorized and granted to Celestino Gencarelli to encroach upon the public right ofway owned by the City of Chico for the purpose of installing and maintaining a pedestrianramp and stairs at the location and in the manner set forth in Exhibit "B." The City Manager is hereby authorized to execute the Grant oflicense for and on 16 behalfofthe City ofchico. 17 THE FOREGOING RESOLUTION was adopted by the Council ofthe City ofchico at 18 its meeting held on May 21,2013, by the following vote: 19 AYES: 20 NOES: 21 ABSENT: 22 ABSTAINED: 23 DISQUALIFIED: 24 ATTEST: APPROVED AS TO FORM: Deborah R. Presson, City Clerk CA Std. Form 06/26/08 R:\Fonns\CAFORMS\ADMIN STD\Res Lie ROW Prop affected only.wpd ~JVkL-- Lori r arker, City Attorney By: Roger S. Wilson Assistant City Attorney ATTACHMENT A

4 Exhibit "A" Salem Street Grant of License NO.3 All that certain real property situate in the City of Chico, County of Butte, State of California, described as follows: A portion at the Salem Street public right-at-way adjacent to the southwest line of Lot 8 in Block 4 of the City (formerly town) of Chico, according to the official map thereof, recorded in the office of the Recorder of the County of Butte, State of California, more particularly described as follows: COMMENCING at the most southerly corner of said Lot 8, said corner being on the northeasterly right-of-way line of Salem Street; THENCE North 40 15'00" West along said right-of-way line, a distance of 21.3 feet, more or less, to the True Point of Beginning, said point being the bottom of an existing pedestrian ramp; THENCE continuing along said right-of-way line, North 40 15'00" West, a distance of feet, more or less, to the most northerly corner of an existing door landing; THENCE leaving said right-of-way line, South 49 45'00" West, a distance of 8.40 feet; THENCE South 40 15'00" East, a distance of 7.80 feet; THENCE North 49 45'00" East, a distance of 3.10 feet; THENCE South 40 15'00" East, a distance of feet; THENCE North 49 45'00" East, a distance of 5.30 feet to the True Point of Beginning; The above-described Grant of License area contains 147 square feet, more or less. Date: 4-3-/3 Checked:...;;;:.--:::::- ~ _ ~ Approved: ;::.----~ Date: "1/' ((3 T:\O.aa\PFlOJECTS\ 11077\G0l OtK.OOC I Page 1 of 1 Exhibit "A"

5 LOCATION MAP NO SCALE 4- ~-/3 CITY OF CHICO DRAWN BY R.A.R. DATE APRIL 2013 CHECKED ::r-:r- SCALE NO SCALE APPROVED ~?~ DIRECTOR, CAPITAl PROJECT.,SERVICES CAPITAL PROJECT SERVICES DEPARTMENT SALEM STREET GRANT OF LICENSE NO. 3 EXHIBIT "8" SHEET 1 OF 2

6 WEST 1ST STREET / / LINE DATA DOOR AND LANDING STAIRS G) N 40 15'00" W CD S 49 45'00" W o S 40 15'00" E CD N 49 45'00" E S 40 15'00" E N 49 45'00" E 23.10' 8.40' 7.80' 3.10' 15.30' 5.30' CELESTINO'S PIZZA A.P.N I I : o in POINT OF J COMMENCEMENT M05T 50UTHERLY CORNER OF LOT z ~ 8, IN BLOCK 4 OF THE OFFICIAL \ / MAF OF THE CITY OF CHICO GRANT OF LICENSE AREA = 147 SF CITY OF CHICO DRAWN BY R.A.R. DATE APRIL 20'3 CHECKED ::r.::::.c SCALE," ~ 10' APPROVED ~ 2-Y-==:? DIRECTOR, CAPITAL PROJECT ir'\vfces CAPITAL PROJECT SERVICES DEPARTMENT SALEM STREET EXHIBIT GRANT OF LICENSE NO. 3 SHEET 2 OF 2

7 101 Salem Street Chico, CA City of Chico February 25, 2013 Ref: Grant of License for Celestino's outdoor patio area To Whom It May Concern: This letter will serve as a formal request by Celestino's NY Pizza for a "Grant of License" from the City of Chico to operate as an outdoor cafe in the public right of way located at 101 Salem Street, Chico, CA. Plans and designs have been summited and approved by the City of Chico's Architectural Review Board. The Building Department has approved plans and a building permit has been issued. We have also summited plans with the Dept. of Alcoholic Beverage Control which requires the enclosed fenced-in structure which creates the need for Grant of License. We operate with an "Eating Place Beer and wine License." ~ foa... C~/-o Celestino Gencarelli Celestino's NY Pizza ATTACHMENT B

8 II ff~))',., ~, ~,!,~'I. tr l 'l""'*(,i'i!i",, n 1. '!~./,', Yt:., r / >-...- ; / \ < / II \,," _ 0,; "0 WDT tititiiiit... ig...c =.. ~ ~ ~ (@) OIUO NOT A ~A'T» --f );! o I s: m z --f 1 0 I I II IT / :ELESTINO:S"Pd4-I PIIoncT o 8' 16' ~ SCALE: 1/16" =r-o 32' = =l 0= (@) R U J: ~c ll, \ ;.l l l.l\\.~y. A!ls(u.."i.1Ll'S ARCIIITElJl'RI: 5TRllCTlTRAI. EN(i(Nm :RI~l;

9 3545 Industrial Blvd. Ste 104 Rocklin, CA April 4, 2013 Mr. Enzo Perri Celestino's Pizza 101 Salem Street Chico, CA RE: Utility Acceptance at Celestino's Pizza Outdoor Cafe at 101 Salem Street, Chico, CA Dear Mr. Perri: AT&T has underground facilities located within the area that is being considered by the Cafe to use for customer seating. We have no objection to the area being used by the Cafe; however, AT&T must maintain the "right of entry" to the manhole located within this designated area. This manhole is not accessed on a regular basis but should there be any kind of telephony failure that would cause AT&T to perform any work activities to its facilities, including but not limited to; repairs, replacements, upgrades, etc., AT&T would have to access this manhole, the patio area would have to be cleared of patrons and furniture when requested by AT&T. Any loss of revenue realized by this action would not be associated with AT&T in any manner; nor any would AT&T be responsible for any costs associated with the replacement or damage to said fencing or patio furniture. If you have any questions, please feel free to contact Craig Edwards, AT&T Design Engineer at or Carol Prince, AT&T Public Works Manager at Sincerely, Carol A. Prince Public Works Manager ATTACHMENT D

10 If the outdoor seating plan is the same as originally proposed and we can get through the gate to read our meters, we have no objections. Thank you, Jason Hammond Construction Supt. California Water Service From: Jeff Jukkola sent: Wednesday, April 03, :29 AM To: Hammond, Jason; Laird Oelrichs Cc: Bob Greenlaw Subject: Utility acceptance at Celestino's Good afternoon- Enzo Perri, owner of Celestino's Pizza, is attempting to get a Cafe Permit for his outdoor seating area. He is hung up and unable to receive this permit because the City requires that he acquire written reply from the Utility companies, currently under franchise agreement, are not anticipated to be negatively affected as a result of the Cafe Dining facilities (ie perimeter railing and nonaffixed patio furniture). Can you please reply to this with stating whether or not you believe that his cafe dining will be an issue with your right to be within the Public Right of Way. If you have any concerns, lets discuss. Jeff Jeff Jukkola, P.E. Associate Civil Engineer City of Chico - Capital Projects 411 Main Street P.O. Box 3420 Chico, CA (530) (530) Fax

11 Jeff. Per our conversation earlier today, and as discussed, PG&E does not object to the existing decorative outdoor fencing located as part of Celestino's Patio Renovation project located at the corner of W. 1 st Street and Salem Street, Chico, CA. However, in the event that PG&E performs any work activities to its facilities, including but not limited to; repairs, replacements, upgrades, etc. PG&E will not be responsible for any costs associated with the replacement or damage to said fencing. Thank you for the opportunity to comment on this matter and please let me know if you need anything further. Sincerely, Laird R. Oelrichs Pacific Gas & Electric Co. Land Rights Services 350 Salem Street Chico, CA Office (530) Fax (530) LR02@pge.com

12 »> "Stokes, Brandon" 4/8/ :32 PM»> Jeff, I do not believe the proposed patio dining will have an effect on the exiting Comcast facilities in the area. We do not object to this planned expansion. Thanks, Brdlldoll Stokes Comcasi, Cal ifornia Regi on Construction [" Enginecrifig 427 Eaton Rd Ch ico, CA Of fice: (530) Mobil e: (530) From: Jeff Jukkola [mailto:jjukkola@clchico.ca.us] Sent: Wednesday, April 03, :29 AM To: ce2424@att.com; Stokes, Brandon; JHammond@calwater.com; Laird Oelrichs Cc: Bob Greenlaw Subject: Utility acceptance at Celestino's Good afternoon- Enzo Perri, owner of Celestino's Pizza, is attempting to get a Cafe Permit for his outdoor seating area. He is hung up and unable to receive this permit because the City requires that he acquire written reply from the Utility companies, currently under franchise agreement, are not anticipated to be negatively affected as a result of the Cafe Dining facilities (ie perimeter railing and nonaffixed patio furniture). Can you please reply to this with stating whether or not you believe that his cafe dining will be an issue with your right to be within the Public Right of Way. If you have any concerns, lets discuss. Jeff Jeff Jukkola, P.E. Associate Civil Engineer City of Chico - Capital Projects 411 Main Street P.O. Box 3420 Chico, CA (530) (530) Fax