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Home My WebLink About01/04/2000, C9 - BASKETBALL COURT DONATIONcouncil January 4 2000 j ac Enaa Report C9 CITY /F F SAN LUIS O B I S P O FROM: Paul LeSage, Director of Parks and Recreation SUBJECT: BASKETBALL COURT DONATION CAO RECOMMENDATION 1. By motion, accept a donation of an outdoor basketball court at Emerson Park. 2. Authorize the Mayor to sign the donor agreement. DISCUSSION Pat Cusack, Owner - General Manager of the local Saturn dealership, has offered to construct and donate an outdoor basketball court at Emerson Park (Attachment 1A). Saturn has previously donated a court at Strother Park, in Arroyo Grande, and proposes to donate a similar court here. They have agreed to build it to City of San Luis Obispo specifications. The court itself will be 70' x 50' which is considered full size for both youth and adult recreational players. The base material will be concrete with a surface which is similar to that found on a tennis court. The basket standards, backboards, rims, and court markings will be regulation. In short, this is a first -class outdoor court. The existing basketball court at Emerson Park, actually two half courts, will be retained. All of the improvements made to Emerson Park have followed a plan that was developed by Parks and Recreation staff and neighborhood residents and reported to the City Council in 1994. The neighborhood residents listed their priorities for the park as: a turfed area for field sports, community garden, children's playground, picnic benches, multiple basketball courts, and a sand volleyball court The addition of the Saturn- donated basketball court leaves only the sand volleyball court needed to complete this park. Staff notified the neighborhood through a mailing of the impending court donation. The response was all favorable. The only specific request was that the two half courts be maintained. This was accommodated in the site plan. Staff has reviewed this proposal and found it to be consistent with the recently implemented City Donation Acceptance Policy (Attachment 2) adopted by Council on September 7, 1999. Specifically, the donor recognition (Attachment 1B & 1C) is of an appropriate level for this level of a donation. It is clearly meant to honor the donation as opposed to being traditional commercial advertising. By virtue of the fact that the logo and plaque are at ground level, they will not be noticeable to anyone but those in the immediate vicinity of the court. C9 -1 Council Agenda Report— Basketball Court Donation _ Page 2 The Donor Agreement specifies Saturn's obligations for the project which includes the construction of an outdoor basketball court to City specifications using a licensed contractor. The donor will be expected to follow all City procedures including plan check, permitting, inspecting, and insurance requirements. The City will supply plans and specifications for the project and secure the necessary Commission approvals for the construction of the court. The Parks and Recreation Department will pay the necessary City fees. It is hoped that the court can be completed this spring, in time for the Parks and Recreation Department's 2' Annual 3 on 3 Outdoor Basketball Tournament scheduled for May 13 -14, 2000. Last year, the tournament was held in the streets near and in Mission Plaza. The courts at Emerson Park will handle the expected increase in participation. CONCURRENCES The Parks and Recreation Commission unanimously endorsed this donation and the recognition at their September 1, 1999, meeting. Commissioner Black stepped down from this issue due to a potential conflict of interest. FISCAL E"ACT Under the terms of the Donor Agreement, the City agrees to assume maintenance of the court. This is likely to entail the replacement of the nets and rims annually and a resurfacing of the courts every 3-4 years. Annual costs are estimated at $500. ATTACIaIIENTS 1. Donor Agreement IA. Site Map 1B. Center Court Jump Circle Logo 1 C. Bronze Plaque Sample 2. City Donation Acceptance Policy C9 -2 - city of san Luis oBispo DONOR AGREEMENT This agreement is made between the City of San Luis Obispo, a municipal corporation, hereinafter referred to as the City, and Saturn of San Luis Obispo and Santa Maria (Pat Cusack, representative), hereinafter referred to as Saturn. WHEREAS, Saturn desires to donate an outdoor basketball court; and WHEREAS, acceptance of such a donation is consistent with City policy; NOW THEREFORE in consideration of the mutual promises and obligations contained herein, the parties agree as follows: L' TERM: The term of this agreement shall be from the time the agreement is entered into until the completion of the court. 2. SATURN'S OBLIGATION: • Construct an outdoor basketball court, with standards and baskets, of a similar nature to the court Saturn donated at Strother Park in Arroyo Grande, following plans and specifications supplied by the City. • Employ a licensed contractor qualified to construct the court. • Follow all City construction procedures including plan check, permitting, inspection, and insurance requirements. • The court shall be constructed in Emerson Park, at the location noted in Attachment A to this agreement. 3. CITY'S OBLIGATION: • Supply plans and specifications for the project, in consultation with the donor's construction contractor. • Secure the necessary Commission approvals for the project. • Designate the court as City property, and accept its long -term, ongoing • Incur all City development fees. 4. RECOGNITION This donation shall be recognized in the following manner: • The court shall be designated SATURN COURT. • The "Give A Hoop" logo, as noted in Attachment B. to this agreement, shall be painted at the mid-court jump circle. • . A bronze plaque, 6" x 14" with wording commemorating the donation, as noted in Attachment C to this agreement, shall be located near mid -court at ground level. (4Q ATTACM&W '-2 - -- • -. -,.., &JoV -ip-na ic:sarM; 5. COMPLETE AGREEMENT. This written Agreement, including all specifically incorporated herein by reference, shall constitute the complete agreement the parties hereto. No oral agreement, undmsmftg, or representation not reduced ti and specifically incorporated herein shall be of any force or effect, nor: shall any s ate, tderstaziding, or nepreseatation be binding upon the parties hereto. 6. NOTICE. All written notices to the Parties hereto shall be sent by mail, postage prepaid, by registered or certified mail, addressed as follows: ' City of San Luis Obispo City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Donor Pat Cusack, Owner - General 1 Saturn of San Luis Obispo 8t 1207 E. Main Street Santa Maria, CA 93454 7. AUTHORITY TO EXECUTE AGREEMENT. Both City and ; Saturn do that each individual executing this agreement on behalf of ecb party is duly authorized and empowered to execute Agreements for sucj party. IN WITNESS WHEREOF; the parties hereto have caused this executed the day and year first above written. ATTEST: Lee Price, City Clerk CITY OF SAN LUIS OMSPO, A Municipal Corporation By: Allen Settle, Mayor DONOR: By:'. _ By: Page 2/3 writing ch oral States E (E) 6• CONCRETE Mow CURB —1 T- (E) IC h COLORED CONC. SEAT WALL ftm�m^ ° °m NEW BASKETBALL COURT 45'X 79 E)aSTwG TURF REMOVE EXISTING POLES. AND FOOTINGS R Give A Hoop Project Emerson Park if City of San Luis Obispo DBladc Landscape Architect lz*15m I I I. (E) PLANTER I i (E) DG -- V L�1°1— I — — +-- E�QSTING RUBLE HALF-COURTS TO REMAIN jE HMPER. (E) RFDWOOD F*% PISMO STRkU SITE PLAN (0 rn SCALE* ��` ATTA BMENTT 1A 4z" gr Fav`2 5ATtRN 1SP� p� Sq CO) J v 7v P R O J E C T ATTAC" 1B A ATTQa 1C RESOLUTION NO.8965 (1999 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING A CITY DONATION ACCEPTANCE POLICY WHEREAS, individuals, community groups, and businesses may wish to make donations to the City in either cash or in -kind contributions that enhance projects, facilities, and programs; and WHEREAS, the need for projects, facilities, and programs exceeds the City's ability to fund all such needed projects; and WHEREAS, it is an acceptable and appropriate practice to accept donations, in order to enhance City programs and/or facilities to provide a higher level of service to the public. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo hereby adopts the following policy concerning the acceptance of donations: 1. The donation must have a purpose consistent with City goals and objectives 2. The City may decline any donation without comment or cause. 3. The donation will not be in conflict with any provision of the law. 4. The donation will be aesthetically acceptable to the City. 5. The donation will not add to the City's workload unless it provides a net benefit to the City. 6. The donation will not bring hidden costs such as starting a program the City would be unwilling to fund when the donation was exhausted. 7. The donation places no restriction on the City, unless agreed to by the City Council. 8. The donation shall become property of the City. 9. All donations will receive recognition appropriate to the level and nature of the donation as determined by the City. For those of a capital nature, that may be in the form of signage, marling, or naming. Any naming of Parks and Recreation facilities shall be consistent with City policy on the naming of such facilities as . set forth in Resolution 8621'(1997 Series). Regardless of the recognition strategy selected, the intent shall be to appropriately honor the donor for their contribution to the community. The appearance of traditional commercial advertising shall be avoided. 10. Donations exceeding $5,000 shall be accepted through a written agreement consistent with these guidelines and approved by the City Council. In -kind capital donations will be subject to normal City review, permitting, inspection, and insurance requirements, Upon motion of Council Member Marx seconded by Council Member Ewan, and on the C9.8R 8965 ATTACMAM 2 Resolution No. 8965 (1999 Series) _ Page 2 following roll call vote: AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero and Mayor Settle NOES: None ABSENT: None The foregoing resolution was adopted this 7th day of September, 1999. APPROVED AS TO FORM: C Attorney C9 -9