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HomeMy WebLinkAbout02-04-2015 PRC Agenda PacketCity of San Luis Obispo, Agenda, Parks and Recreation Commission Wednesday, February 4, 2015 5:30PM Regular Meeting Council Hearing Room CALL TO ORDER: Chair Davis ROLL CALL: Commissioners Ryan Baker, Steve Davis, Craig Kincaid, Ron Regier, Jeff Whitener, Susan Updegrove and Michael Parolini Public Comment Period. At this time, you may address the Commission on items that are not on the agenda but are of interest to the public and within the subject matter jurisdiction of the Parks and Recreation Commission. The Commission may not discuss or take action on issues that are not on the agenda other than to briefly respond to statements made or questions raised, or to ask staff to follow up on such issues. 1. Consideration of Minutes of Regular Meeting of January 7, 2015 2. Community Input Focus: Turf/Damon Garcia (Steve Davis, Chair - 30 minutes) 3. Laguna Lake Golf Course Community Garden Donation (Dave Setterlund, Recreation Supervisor - 30 minutes) 4. Review Conceptual Playground Replacement Layouts for Sinsheimer Park Play Equipment (Lief McKay, Principal Landscape Architect, RRM - 20 minutes) 5. Presentation of Pickle Ball (Jean Hyduchak, Pickle Ball Association - 15 minutes) 6. Director’s Report – Highlights (Shelly Stanwyck, Director & Melissa Mudgett, Recreation Manager - 10 minutes) 7. Subcommittee Liaison Reports  Tree Committee – Baker  Golf – Whitener  Natural Resources – Kincaid  Bicycle Committee - Regier  Jack House Committee – Updegrove  Damon Garcia Committee – Parolini  School District – Parolini  Youth Sports - Davis 8. Communications Adjourn to Regular Meeting March 4, 2015 APPEALS: Administrative decisions by the Parks and Recreation Commission may be appealed to the City Council in accordance with the appeal procedure set forth in Chapter 1.20 of the San Luis Obispo Municipal Code. The City of San Luis Obispo is committed to including the disabled in all of its services, programs, and activities. Please contact the Clerk or staff liaison prior to the meeting if you require assistance. City of San Luis Obispo, Title, Subtitle Council Chambers 990 Palm Street San Luis Obispo, CA 93401 Wednesday, January 7, 2015, 5:30 p.m. CALL TO ORDER: Chair Davis called the meeting to order at 5:30 p.m. ROLL CALL: Chair Steve Davis, Vice Chair Jeff Whitener and Commissioners Ryan Baker, Craig Kincaid, Michael Parolini, Ron Regier and Susan Updegrove ABSENT: Ron Regier COUNCIL: John Ashbaugh STAFF: Shelly Stanwyck, Melissa Mudgett, Devin Hyfield, Rich Ogden, Jeff Hendricks Public Comment Tim Ross, SLO resident, asked the Commission to add allowing slacklining on Bishop’s Peak to a future Agenda. Director Stanwyck said she would set up a meeting with the City’s Natural Resources Manager and Mr. Ross to discuss this matter and report back to Commission to determine if a future agenda item would be pursued. Director Stanwyck shared that the timing could be 3-6 months until the return to the Commission.. John Ashbaugh, Councilmember, Council Liaison to the Commission and SLO Resident, invited the Commission to the Community Forum on January 13th and was looking forward to hearing from Laguna Lake Park stakeholders. He shared that the Kiwanis Club will be having its Centennial celebration on January 21st at 4:30pm at Emerson Park and invited the Commission to attend. Councilmember Ashbaugh said that they plan to share draft plans for the proposed Community Garden at the Laguna Lake Golf Course. Roxanne Prior, SLO resident, asked the Commission to consider a bicycle skills/pump track at Sinsheimer Park as a great way to teach the community’s youth about mountain biking skills. Director Stanwyck responded that Ms. Prior had provided previous emails on this topic and the correspondence was forwarded to the City Council to be included in the Community Forum Goal Setting process on January 13th. 1. CONSIDERATION OF MINUTES of Regular Meeting of November 4, 2014 MOTION: (Kincaid/Updegrove) Approve the Minutes of November 4, 2014 as amended. Approved: 6 yes: 0 no: 1 absent 2. COMMUNITY INPUT FOCUS: DIAMOND SPORTS (Hyfield/Ogden) Director Stanwyck shared the new opportunity in 2015 for the Commission to receive community input about various recreational facilities and operations. A calendar of Community Input Topics Meeting Minutes Parks and Recreation Commission City of San Luis Obispo, Title, Subtitle was provided to the Commission and was made available to the public. The Diamond Sports presentation was provided by the Recreation Supervisor for Facilities (Devin Hyfield) and the Recreation Supervisor for Adult & Youth Sports (Rich Ogden). Parks Maintenance Supervisor (Jeff Hendricks) was available to respond as needed. A summary of the City’s recreational Diamond Sports programming is provided below. Presentation Summary 8 City parks and 11 Ballfields (including El Chorro Joint Use Agreement with County) The recreation uses of Diamond Sports include Adult Softball, Youth Sports - Jr. Giants (Stockton Fields), Adult Softball, Senior Softball Boomer (Co-Ed) League. There are approximately 1,500 participants per softball season with three softball seasons annually. Users groups include SLO Tigers (Club), Cal Poly, Mission Prep, CC Baseball, SLO Youth Baseball, SLO High, SLO YMCA and SLO BLUES Staff presented a schedule of annual field maintenance Staff presented a schedule of annual field closures which include a one-week renovation rotation which starts with Sinsheimer Park in the Fall (Sept) and opens up for use in the late Spring (May). Maintenance of Diamond Sport fields are challenging as these fields are experiencing increasing use by other sports (soccer and practices) throughout the year. Fields are experiencing more wear; making it challenging to renovate within a 12-week period. Parks Maintenance Supervisor, Jeff Hendricks, said Emerson Park is an example of a field that has really taking a beating due to drop-in soccer play. Public Comment Michael Parolini, Commissioner and adult softball league participant, said that San Luis Obispo is the County seat and he feels has the worst adult softball league in the County. He felt that umpires were poorly educated about the rules and there is regular alcohol use at the parks. He recognized that there are challenges to finding qualified staff but would like the City to explore other ways to provide for positive adult recreational opportunities. Commission Comments Commission Kincaid asked if there was competition for field use for Fall ball. Staff Hyfield responded that all the user groups meet in April for field allocation and have worked to coordinate their uses well. Commission Parolini said he liked how the field allocations were based upon historical use data. Commissioner Updegrove asked which sports fields use recycled water. Staff Hendricks responded that Damon Garcia Sports Field, French Park, Islay Park currently use recycled water. Staff Hendricks shared that the fields have a 3-day closure in July for field aerification. He further mentioned that the County maintains the turf at the El Chorro Regional County Park and the City maintains the skins and whites. Staff Hendricks added that the Sinsheimer Park irrigation system is antiquated as it was built in 1970’s. Vice Chair Whitener asked about the age group of CC Baseball. Staff Hendricks responded that this includes college-age kids and above. Vice Chair Whitener as about the defacto dog park at Stockton fields. Staff Hendricks responded that off-leash dogs are not allowed and signage is posted. He indicated that the same issue is City of San Luis Obispo, Title, Subtitle occurring at the Ken Hampian Hockey Rink. Ranger patrols of these areas are helping to educate and inform the public about allowable uses. Director Stanwyck responded that this use could be indicative of the pent up demand for dog park uses. Chair Davis asked if the batting cages are being utilized. Staff Hyfield responded that there are intermittent uses by Cal Poly for camps and various club users throughout the year. The batting cages have not been staffed since 2005. Roxanne Prior, SLO resident, responded to the Commission that she did not prefer to see batting cages in this location and the area seems unsafe for use at night. She indicated that there would be better access and lighting by the School District’s Bus Barn. Chair Davis asked the Commission about the format of Community Topic Input as there were no Diamond Sport users in the audience. Chair Davis solicited other ideas to increase attendance at focus group meetings. Personal telephone contacts to both coordinators of user groups and the users could be helpful, as well as posting signage at the facilities . He understood the challenges of determining the School District uses and the impact on facilities. Chair Davis said that calendar adjustments might be needed sports that are in-season. Commissioner Baker said that the topic of Diamond Sports is not in rotation for another 2 years and would like to add another opportunity to the calendar. Commissioner Baker inquired about getting netting installed between the two fields at El Chorro for safety of spectators and dug-out participants. Director Stanwyck responded that as part of the El Chorro Joint Use Agreement this would be the City responsibility and staff can have conversations with new County’s Parks and Recreation Director, Nick Franco, who starts with the County on February 2nd. MOTION: (Parolini/Whitener) Recommend to the City Council issuance of the Golf Course Operations Request for Proposals. Approved: 6 yes: 0 no: 1 absent 3. DIRECTOR’S REPORT Director Stanwyck presented an overview of Parks and Recreation Department upcoming items. As February’s topic for Community input is Damon Garcia, staff will begin user group outreach earlier. Two reminders items for the Commissions’ February Agenda: Acceptance of the Community Garden Donation at Laguna Golf Course and a presentation by Pickleball. Director Stanwyck alerted the Commission to future “meaty” agenda items such as ADA accessible bathrooms at the Golf Course, design concepts for Sinsheimer park playground, reports on budget and future dialogues about slacklining. SLO Skate Park Grand Opening, Saturday, Feb 28th 1:00pm. Invitations will be sent electronically. Lifeguard recruitment is ongoing Trail Day on Saturday January 24th at Irish Hills & Prefumo Canyon Salt Cedar eradication work nearly complete at Laguna Lake Mountain lion siting at Bishop’s Peak. A camera has been installed and warning signs posted on trail. A camera has been installed at the Bill Roalman Memorial (Bill Roalman was a former Council member and bike advocate) to encourage better behaviors, safety and public use. City of San Luis Obispo, Title, Subtitle Director Stanwyck shared with the Commission that the Council decided not to issue an RFP for operations and maintenance of the Golf course. Staff will continue the next steps in support of pending retirement. A NEW ADA Accessible Cart now is now in service at the Golf Course and is the first of its kind in the County. Staff is working with Strokes and PT groups to promote its use. Staff will be provided a press release and media push. 4. SUBCOMMITTEE LIAISON REPORTS Tree Committee: Commissioner Baker said the Tree Committee met in December to consider eight tree removal items. The Tree Committee’s purview is over removals of healthy trees. Natural Resources: Commissioner Kincaid reported that Council recently approved appraisal services for two open space properties (Ahern property and a portion of the Meossi property). Commissioner Parolini said he would like to see an increase in Ranger staffing to account for new open space acquisition addressed as part of future acquisitions. Jack House: Commissioner Updegrove said there was no meeting in December. The January meeting had been cancelled and the group will take a tour out to the Jack Ranch on January 14th. School District: Commissioner Parolini shared that as part of the City’s Joint Use Agreement with the School district that the City’s Rangers patrol district property. Commissioner Parolini said he would like to add a presentation about the Ranger Program to share with the new Commissioners information about the program. He further added that the City’s Community Action Team (CAT) has designated police officers for each park. He concluded that the School district’s largest field issue was unpermitted play of adults on School district turf fields. Damon-Garcia: Commissioner Parolini and Chair Davis met with Deputy Director of Utilities Wade Horton regarding use of potable water at Damon Garcia fields. It was determined that this would require the California Department of Public Health approval and the irrigation system would require infrastructure upgrades for an air gap. He encouraged Commissioners to support an independent cost assessment of an air gap system as the next step. Golf: Vice Chair Whitener said that golf rounds are down and YTD revenue is down 3%. The Course is in the process of a new mower replacement. The Course is organizing a tree planting day with ladies group. The new ADA golf cart has arrives and is now in use. Vice Chair Whitener concluded that he got his first hole in one at the course on hole #7 and that there was a witness. Bicycle Committee: Commissioner Regier was absent. No report. Youth Sports: Chair Davis said no formal meeting in December but that the Youth Sports Association is in process of negotiating with School District on new MOU. 5. COMMUNICATIONS None. City of San Luis Obispo, Title, Subtitle Adjourned at 7:14pm to the February 4, 2015 Regular Meeting in Council Chambers, 990 Palm Street, San Luis Obispo. Approved by the Parks and Recreation Commission on __________________. ________________________________________________ Melissa C. Mudgett, Parks and Recreation Department Manager City of San Luis Obispo Parks and Recreation Commission Agenda Report 1 Date: February 4, 2014 Subject: Consideration of Proposed Donation by Kiwanis and One Cool Earth of a new Community Garden at Laguna Lake Golf Course Prepared by: Dave Setterlund, Recreation Supervisor (Community Services & Events) Recommendations: 1. Make recommendation to the City Council to accept the donation from the Kiwanis Club of San Luis Obispo Morning and One Cool Earth to plan and construct a new Community Garden at the Laguna Lake Golf Course Discussion Background The City of San Luis Obispo Community Garden program has been in existence since 1975 and there are currently a total of 119 garden plots within the four community gardens located at Broad Street, Laurel Lane, Emerson Park, and Meadow Park. The Community Garden program is managed by the Parks and Recreation Department. Presently, all available plots within this widely popular program have been rented and a significant waiting list of nearly 100 residents exists. The most recent community garden was constructed in June 2010 at Meadow Park. The Meadow Park community garden was made possible by generous donations from the Rotary Clubs of San Luis Obispo. The Kiwanis Club of San Luis Obispo Morning and One Cool Earth (OCE) have expressed desires to plan and construct a new community garden in the City of San Luis Obispo. The proposed community garden donation would allow the Kiwanis Club of San Luis Obispo Morning and OCE to plan and construct with volunteers and donated materials a new community garden at Laguna Lake Golf Course. Once built, this new garden location would become a part of the City’s Community Garden program with ongoing support and maintenance provided by City staff. The proposed donors have met with City staff to identify site specifics, such as the use of recycled water, materials, community outreach, and ongoing garden maintenance before proceeding. As a result of these conversations, the Kiwanis Club of San Luis Obispo Morning and OCE and have submitted a letter of intent to sponsor the creation of a new community garden (Attachment 1 – Letter of Intent). The letter of intent outlines the organizations’ intent to commit $13,000 in grant funding and donations, in addition to in-kind services for labor and materials, to design and construct a new community garden at the Laguna Lake Golf Course. (Attachment 2 – Vicinity Map). Site Evaluation At this time, the City does not have a master plan for the expansion of its Community Garden Program. The proposed Laguna Lake Golf Course site represents the expansion of the program to a residential area with limited access to a nearby community garden. The proposed garden location is adjacent to a City of San Luis Obispo Parks and Recreation Commission Agenda Report 2 condominium complex, Golf Course Mobile Home Park and the Laguna Middle School. Reasons the Laguna Lake Golf Course is a good potential site for a community garden location include the following: The northern edge of the Laguna Lake Golf Course property provides a presently underutilized public space that could accommodate a new community garden of the envisioned scope and size. The location is identified below in Figure 1. Figure 1: Site Location, 11175 Los Osos Valley Road Nearby Population Access to the City's Recycled Water Supply Parking Restroom Facilities Parcel Size / Flat Terrain Availability City of San Luis Obispo Parks and Recreation Commission Agenda Report 3 The Laguna Lake Golf Course location offers the most “ready” site for a new community garden and could provide an additional 42 plots to the program. Additionally, the particular area of the Golf Course proposed for the community garden has not been developed as an active park space nor is presently planned for another use. However, in analyzing the site for use, several key issues emerged including a readily available water source and neighborhood outreach and support. Recycled Water The area identified for a potential community garden site is not currently irrigated but is located next to recycled water. Utilities and Parks and Recreation Department staff have identified that the Golf Course recycled water access can serve the added usage of a potential community garden. Today, recycled water is used to water community gardens in California as well as crops in the Central Valley. The Donors have incorporated both community and city staff feedback received into a detailed irrigation plan, an overlay with site plan, signage, fencing and identification of quick couplers for hose attachment. The donors have received preliminary support from Utilities Department staff as a candidate for recycled water use for this project. If approved, City staff will continue to work with the donors and the California Water Board for recycled water permit approvals. Neighborhood Outreach The Kiwanis Club of San Luis Obispo Morning and OCE have worked with City staff to engage the Community and in particular the neighbors about this proposed donation. Three Community Workshops were held on (September 10th, September 13th and October 23rd, 2014) at the Golf Course and City/County Library regarding the proposed community garden at this site. Notices of these meetings were sent to all neighbors including the neighboring condominium Homeowner’s Association, mobile home park community and the Laguna Middle School to discuss potential impacts, if any, to the surrounding community. To date, staff has received mostly positive input from several mobile home park residents, neighbors and Laguna Middle School staff who are very excited about this opportunity. Some negative feedback has been received from adjacent Condominium Homeowners’ Association. In response to concerns expressed at these meetings, the donors have made changes to the preliminary design of the Garden to mitigate these concerns. These changes included the relocation of composting, an increased buffer zone between the Garden and Condominiums, and the elimination of a secondary entrance to the garden. Below is a summary of feedback received from the Community Workshops. A more detailed community engagement summary is provided as Attachment 3. City of San Luis Obispo Parks and Recreation Commission Agenda Report 4 Figure 2: Summary of Neighborhood Outreach Community Garden The proposed Laguna Community Garden would consist of 42 plots (10 raised ADA beds, 13-8x10x6, 6=4x8x6”). The 42 plots would have access to recycled water through four quick coupler connection locations. Each quick coupler location will provide two connection points for a total of eight faucets. The gardens main and only entrance is located at the west end of the Golf Course parking lot. The entrance to the garden would be through a gate that can be locked if problems arise. The entrance as well as the perimeter of the Laguna Community Garden would be planted with native trees and plants to create an attractive natural fence while acting as a buffer from Los Osos Valley Road and Laguna Green Condominiums. The perimeter of the property would also include deer fencing and drip irrigation to water the natural fence. The garden would have a composting area located in the north east corner of the garden which is the furthest location from the condominiums. Garden design, layout, plant legend and budget for the proposed garden is provided in (Attachment 4) Donation Policy Per the City's Donation Policy, all donations exceeding $5,000 in value must be accepted through a written agreement consistent with the City’s donation policy guidelines and approved by the City Council (see Attachment 5 for the City’s approved Donation Policy). Additionally, in-kind capital donations remain subject to normal City review, permitting, inspection, and insurance requirements. Fiscal Impact Construction To date, the Kiwanis Club of San Luis Obispo Morning and OCE have raised $10,000 of the committed $13,000 in grant funds and in-kind services towards creation of this new community garden. The work scope and project costs has since been revised to an estimated $15,200; bringing the funding shortfall to Community Engagement Project Pros •Laguna Middle School Principal in support of community garden as an opportunity for the school to adopt a veggie bed and use as a project-based learning opportunity for students. •The Achievement House has a café facility at the Golf Course clubhouse. Hoping to utilize the community garden in order to collect fresh produce to incorporate into their sales •The Adventure club, a locally based organization committed to empowering disabled adults through physical activity, is in support and would like to adopt a veggie bed. Community Engagement Project Cons •Laguna Green Condominium owners facing the proposed site are not in favor of the garden due to the proximity of the garden to their residence. •Concern for increased noise and pedestrian traffic as a result of the new garden site. City of San Luis Obispo Parks and Recreation Commission Agenda Report 5 $5,200. OCE has indicated its willingness to continue raising donations to close this project funding gap but is hesitant to seek additional fundraising without the Commission’s support and acceptance of the donation by the City Council. If approved, construction will not begin on the new community garden until all necessary funds have been raised. Proposed Community Garden Donation Proposed Budget: Design and Construction*$15,200 Total Proposed Budget $15,200 Grant Funding & Project Donations Community Foundation of San Luis Obispo County $2,000 The Morning Time Kiwanis Club of San Luis Obispo $4,000 The Non Time Kiwanis Club of San Luis Obispo $4,000 Total Revenues Raised $10,000 Funding Shortfall $5,200 *Project costs have been revised from the original letter of intent ($13,000) to include current project scope and materials costs estimated at $15,200. The proposed community garden donation as presented by the Kiwanis Club and OCE is not currently a part of the City’s approved Capital Improvement Program and would require City Council consideration among other competing priorities. Ongoing Maintenance Ongoing maintenance costs have been identified as a part of accepting the community garden donation. Ongoing maintenance costs are estimated at approximately $1,630 annually and $6,350 approximately every 10 years for replacement of infrastructure. These ongoing maintenance costs would include the following:  Recycled Water: The (14.5 Monthly Average Use of Water Per Garden) the cost of recycled water annual usage would be absorbed into the City’s Golf Program operating budget for utilities. Annual estimates of $1,355.46 have been based upon the Broad Street Community Garden average water usage at a cost of $7.79 per unit of recycled water (10% less than the potable water rate of $8.65 per unit).  Reporting: Monthly reporting of community garden recycled water usage as required by State permitting. The Golf Course Supervisor would be responsible to maintain monthly reporting requirements.  Quick Couplers: Replacement of quick couplers would be required as damages occur and is estimated at $100 annually.  Pathway: The main decomposed granite pathway will need to be maintained and replenished every other year at an estimated cost of $350.  Irrigation: The irrigation system may need to be replaced in a 5 to 10+ year window at an estimated cost of $350.  Redwood raised veggie beds: Garden beds would need to be replaced in a 10 to 15 year window. The estimated cost of replacing beds would be $6,000. Replacement will be spread out over 15 year period. City of San Luis Obispo Parks and Recreation Commission Agenda Report 6 Recommendation The Parks and Recreation Commission could make a recommendation to the City Council to approve of, or not, this donation from the Kiwanis Club of San Luis Obispo Morning and One Cool Earth to provide funding for and in-kind services for construction of a Community Garden at the Laguna Lake Golf Course. As Parks and Recreation staff, the benefit of having additional community gardens is tremendous and something sorely needed for the Laguna Lake Neighborhood. That said, staff is aware of the balancing between recreational needs and neighborhood concerns that Commissioners will engage in. All efforts have been made to address the concerns expressed by the community to minimize impacts caused by the garden and increase the usage and enjoyment of community gardens for the community of San Luis Obispo. Attachments 1. Letter of Intent, June 2014 2. Vicinity Map 3. Summary of Community Engagement 4. Garden design with plant legend 5. City’s Donation Policy, Section 760-1 6. Community Garden Project Proposal VICINITY MAP LAGUNA LAKE GOLF COURSE 11175 LOS OSOS VALLEY ROAD, SAN LUIS OBISPO, CA 93401 City of San Luis Obispo Parks and Recreation Commission (PRC) MEMO 1 Date: January 12, 2014 Subject: Laguna Lake Golf Course Proposed Community Garden Donation Prepared By: Shelly Stanwyck, Director of Parks and Recreation Dave Setterlund, Recreation Supervisor Recommendations: 1. Receive update of Laguna Lake Golf Course Proposed Community Garden Donation by One Cool Earth 2. Receive public input on the same 3. Provide staff and project proponent with feedback of the proposed Community Garden In an effort to encourage community discussion about the proposed Community Garden donation located at existing Laguna Lake Golf Course at 11750 Los Osos Road, City Staff and the project proponent offered a series of public hearing workshops. Feedback received from the workshops will be integrated into the final design proposal. The Parks and Recreation Commission shall review and make recommendations about the proposal at its February 4, 2014 Meeting. City Council will hear the project proposal and make its recommendation on March 3, 2014. The following is a summary of the Community Garden workshops. On Wednesday, September 10th, the Parks and Recreation Department and local non-profit One Cool Earth hosted a Community Workshop to discuss the proposed Laguna Golf Course Community Garden. The Workshop was designed for would be neighbors of the proposed garden to voice their opinion about the site plan and potential problems that could arise from the construction of the garden. Workshop #1 Date: Wednesday, September 10, 2014 Time: 7:00pm Location: Laguna Lake Golf Course Club House, 11175 Los Osos Valley Road Highlights of workshop #1 • Create larger buffer zone near condo • Relocate compost away from condo • Provide locking gate • Garden could potentially be an attraction for transient population • Establish hours of operation (not dawn till dusk) • Deer fencing City of San Luis Obispo Parks and Recreation Commission (PRC) MEMO 2 On Saturday, September 13th, the Parks and Recreation Department and local non-profit One Cool Earth hosted the second Community Workshop to discuss the proposed Laguna Golf Course Community Garden. . No community members attend the Saturday, September 13, workshop Workshop #2 Date: Saturday, September 13, 2014 Time: 10:00am Location: SLO County Public Library Community Room, 995 Palm Street Highlights of workshop #2 • No community members attended the Saturday, September 13th public hearing workshop. No additional input received. On Thursday, October 23, the Parks and Recreation Department and local non-profit One Cool Earth hosted the third Community Workshop to discuss the proposed Laguna Golf Course Community Garden. Work shop #3 Date: Thursday, October 23, 2014 Time: 7:00pm Location: Laguna Lake Golf Course Club House, 11175 Los Osos Valley Road Highlights from workshop #3  Roughly 10 community members present for discussion  Positive discussion about changes made to plan (group that was/is opposed to garden not present) City of San Luis Obispo Parks and Recreation Commission (PRC) MEMO 3 Section 760 DONATION POLICY 745-1 Donation Policy 745-2 Donation Policy 745-2 DONATION AGREEMENT This agreement is made and entered into in the City of San Luis Obispo on ______, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as “City”, and Kiwanis Club of San Luis Obispo Morning and One Cool Earth, hereinafter referred to as “Donors”. WITNESSETH: WHEREAS, the City desires to expand it Community Garden Program by adding an additional garden at the entryway area of the Laguna Lake Golf Course; and WHEREAS, Donors desire to provide $13,000 plus the necessary hands-on labor to work with the City to plan and build a Community Garden at the entryway area of the Laguna Lake Golf Course (hereinafter referred to as “Donation”); and WHEREAS, Acceptance of the Donation is consistent with City policy as set forth in City Council Resolution No. XX-XXXX NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows: 1. Term. The term of this Agreement shall be from the date this Agreement is made and entered, as first written above, until acceptance or completion of said services. 2. DONOR’S OBLIGATION. Donor Shall perform as follows: a. Work with the City Parks and Recreation and Public Works Departments to plan, design and build a community Garden at the entryway area of the Laguna Lake Golf Course. b. Purchase of construction materials and provisions of labor to complete the installation of a new community garden at the entryway area of the Laguna Lake Golf Course and set forth in exhibit A attached hereto and incorporated into the agreement: c. Designate a contact person for purposes of handling referral questions and installation concerns, which name and contact information will be made available at the Parks and Recreation Office until completion of the project; and d. Donors shall comply with the City’s standard liability insurance and indemnification requirements, as specified by the City’s Risk Manager. 3. CITY’S OBLIGATIONS. The city shall perform as follows: a. Coordinate and provide oversight to the project to ensure that the project conforms to City specifications: b. Assist donors in shepherding the project through the city’s review and approval process. 4. RECOGNITION. The donors shall be recognized in the following manner: a. The Donors shall be permitted, with City approval to install a plaque on or near the garden containing the names of Donors: b. Dedication of Community Garden: at such time as the construction of the garden is completed, City, in collaboration with the Donors, shall hold a ceremony at which the garden will be introduced to the community and Donors shall receive appropriate recognition. 5. Tax Status of City: City hereby confirms that City is an organization described in Section 501©(3) and 170(b)(l)(a)(v) of the Internal Revenue Code, to which contribution are deductible for federal income tax purposes to the extent provided in Section 170 and all other applicable section of the Code. Donor acknowledges and understands that he/she should consult with his or her tax consultant as to the deductibility of the Donation for Federal income tax purposes. 6. AMENDMENTS. Any amendment, modification or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Administrative Officer of the City. 7. COMPLETE AGREEMENT. This written agreement, including all writings specifically incorporated herin by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herin shall be of any force or effect, nor shall any such oral agreement, understanding or representation be binding upon the parties herto. 8. NOTICE. All written notices to the parties herto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: City City of San Luis Obispo Parks & Recreation Department Shelly Stanwyck, Parks & Recreation Director 1341 Nipomo Street San Luis Obispo, CA 93401 Donors Kiwanis Club of San Luis Obispo Morning Michael Meldon, President PO Box 3345 San Luis Obispo, CA 93403 One Cool Earth Chris Elliot, Founder and President PO Box 150 San Luis Obispo, CA 93406 9. ATTORNEY’S FEES. Should any action or proceeding be brought to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney’s fees and costs. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by respective authorized officers or representatives as of the day and year set forth on page one of this Agreement. ATTEST: CITY OF SAN LUIS OBISPO By:________________________ By:__________________________ Anthony Mejia, CITY CLERK Jan Marx, MAYOR DONOR: _____________________________ President, Kiwanis Club of San Luis Obispo _____________________________ President, One Cool Earth APPROVED AS TO FORM: ________________________________ J. Christine Dietrick, CITY ATTORNEY