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HomeMy WebLinkAbout08/16/2005, C8 - RAMONA DRIVE LIGHTED PEDESTRIAN CROSSWALK DONATIONS counat Aust 16 2005 j agenda RepoRt N 0, �. CITY OF SAN LUIS OBISPOO FROM: Jay Walter,Public Works Director, VIA: Dario Senor,City Traffic Engineer Prepared By: Chris Overby, Assistant Engineer SUBJECT: RAMONA DRIVE LIGHTED PEDESTRIAN CROSSWALK DONATIONS CAO RECOMMENDATIONS: 1. Accept donations to fund the purchase and installation of a solar powered in-roadway pedestrian warning light system at the Ramona mid-block crosswalk in an approximate amount not to exceed$30,000.. 2. Authorize the Mayor to sign the donor agreements. 3. If approved, authorize the CAO to enter into a sole-source purchase agreement with Silicon Constellations to install the in-roadway lights. DISCUSSION Background Winifred Grace Warten, a resident of The Village Retirement Home and the owners of the Village at The Palms at 55 Broad.Street have offered to fund the purchase and installation of an in-roadway pedestrian warning light system at the mid-block crosswalk on Ramona Drive between The Villages and the Foothill Plaza. This donation is valued at approximately$30,000. Ms. Warten and. the owners of the Village at The Palms are interested in the in-roadway pedestrian warning light system because they are concerned about the safety of the residents of the Village and the adjacent neighbors that use the Ramona Drive crosswalk getting to the Foothill Plaza. Within the last year, two of the residents of the Village at the Palms were hit and injured by vehicles while trying.to cross Ramona Drive. Current traffic control and markings meet City and State recommendations, however, we continue to have infrequent pedestrian collisions at this location. Installing the,in-roadway warning lights, similar to the crosswalks located on.Higuera and Marsh Streets may increase the visibility of pedestrians at the,crosswalk on Ramona.Drive. The Lighted Crosswalk installation will include: 1. Solar-powered, wireless in-roadway warning lights. 2. Solar-powered wireless LED signs. 3. Pedestrian push button activation with audible feedback.. Council Agenda Report=Ramona Drive Lighted Pedestrian Crosswalk Donation Page 2 4. Solar powered activator controllers. 5. 5 year extended warranty. 6. Installation of the solar wireless'crosswalk warning system. In consideration of these donations, the City will install a plaque recognizing the donors at or near the crosswalk. The recognition will be consistent with City policies relating to donations.. The actual signage will conform to City standards and receive the appropriate review. The equipment to be used in this installation is unique. The pavement lights are solar powered ,so accessing electrical systems will not e necessary at the site. In addition, the lights and the push buttons are connected by radio frequency, so trenching and saw cutting of pavement for installation purposes will be minimal. Because this system is unique.; staff is recommending that Council authorize the CAO to enter into an agreement with Silicon Constellations (the sole vendor producing this type of system)to install the "turn key" system. FISCAL IMPACT The cost estimates for the project reflect the best and most current information available,. and should fall within the donated funding amount. As with any City capital project, unforeseen costs can arise. Any costs over the donated amount will be the responsibility of the City and would need to be found within the existing Public Works budget. ATTACHMENTS 1. Offer of donation. 2: Donor agreements. 3. Policy on accepting donations C_:\DOCUME-I\slousct4.00AIS-1\Temp\CARRA_M—I.DOC ATTACHMENT 1 TheVillage at HE ms Retirement living At Its Best! August 2, 2005 Mr. Chris Overby, Traffic Engineer Public Works Department 955 Morro Street San Luis Obispo, CA 93401 Dear Mr. Overby: As you know, within this year, two of our residents were hit and injured by vehicles while trying to cross Ramona Street. We greatly appreciate the City's prompt response in reducing the speed limit and installing larger and more visible signage. However, we continue to remain concerned about the safety for all our residents and all other members of our neighborhood on Ramona.Street, who frequently do business at the Foothill Plaza Shopping Center. We believe that a crosswalk project with flashing lights, similar to the crosswalks located on Higuera Street, near Ross Dress for Less, and on Marsh Street near Jamba Juice would greatly reduce the dangerous situation that exists. The purpose of this letter is to inform you that Ms. Warten and the owners of the Village at The Palms intention is to each pay half of your proposed cost of$29,863.69 (Ms. Warten $14,931.84, Village at The Palms $14;931.85)to construct a crosswalk like the ones. downtown. We are eager to press forward with this venture as soon as possible and would appreciate your assistance to expedite this matter. Please let us know what we need to do in order to progress with this project. Thank you for your help and consideration. Sincerely, �, Mr. Jack Witter Ms.,Winifred G. Warten Vice President of Senior Housing Resident The Villages at The Palms The Village at The Palms 55 Broad Street • San Luis Obispo, California 93405 • Phone: (805) 543-2300 • Fax: (805) 543-7295 Website: www.thevillageatthepalms.com ATTACHMENT 2 aT; -o san lues oms dd y � po Donor Agreement THIS AGREElNaW is made andentered into in the City of San Luis Obispo onthioe 4daylof by and between the CITY OF SAN LULS O municipal carpe 'on,ha e>oaRa refaced to as CITY,and WINTERED GRACE WARM,hereinafter refened to as DONOR WITNESSETH: WHEREAS,DONOR desires to donate$14,931.84;and WMEAS,acoepfmmee of such a donation a consistent with City Policy; NOW THEREFORE,in consideration oflheirmutusl 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 fast wrimen above,until acceptance or completion of said services.The cash donation as speci5ed in this agreement shall biome property of the CITY. 2 DONOR In consideration of the City's provision of services as specified in this Agreement,the cash donation shall be as follows: •Fourteen droasand nine hundred and thirty-one dollars and eighty-four cents(S 14931.84 3. CITY OBLIGATIONS: In consideration of the cash donation as specified in this Agreement, the city services shall be as follow& •Purchase and installation of In-Roadway Warning Lights at the pedestrian mid block raised cma walk on Ramona Drive,San Luis Obispo,CA.Cmsawalk is located 90 meters went of Broad Street •lighted pedestrian crosswalk to include in pavement lighting markers wide audible feedback pedestrimm push buttons and flashing LED pedestrian warning signs. •The exact placement of all components of the In-Roadway Lights System will be at the discretion of the City Public Works Department. •The City Public Wmdis Department shall have the right to remove the In-Roadway Warning Light System at any time. 4. USE OF FUNDS:MY shall use the Donation in connection with the purchase and installation of ori In. Roadway Warning Light System.In the event that such use becomes impossible or in>practical for arty reason, them CITY shall consuS with DONOR as soon as practicable with Donor to reach an agreed alternative use of the Donation;provided,however,that Donor shall in no event have any rights with respect to the Donation or ATTACHMENT 2 proceeds date which would pevent CITY from freely and effectively empioymg the Donation in Snthaance of its exeehrpt purposes within the mee m of Section 1507-2(ax8)of the income tea regulations. Under no circurnstarim shall the Donation or any part ofit revert to Donor. 1 S. TAX STATUS OF QTY:Caty hereby confimss that QTY is an organization described in Section 501(e)(3) and 170(bXIXA)(v)of the Internal Revenue Code,to wbich contributions are deductible for Fedora!income taa purposes Witte attest provided in Section 170 and all other applicable sections of the Code. 6. COMPLETE AGREEMENT.This written Agreeno-A,me u bng all writings specifically mcarpwated bemm by reference, shall constitute the coeoplete agreement between the parties hereto. No oral agreemmR, understanding,or repram*fton not reduced to writing and speaf nilly incorporated be=shall be of any fora or effect,nor shall any such oral agmemaat,understanding,or representation be binding upon the parties hereto. 7. NOTICE.All written notices to the parties hereto shall be sent by United States ml,pomp prepaid by registered or catiSed nail addressed as follows: CITY: DONOR City Clerk WIN114 D GRACE WARTEN City of San Luis Obispo 55 Broad SL 11119 990 Palm Steed San Lids Obispo,CA 93405 San Luis Obispo,CA 93401 8.AUTHORITY TO EXECUTE AGREEMENT.Both CITY and DONOR do covenant that cacti individual execubog this egneemmt on behalf of each party is a person duly authorrced and empowered to exeghte Agreements for such party. IN WnNESS WHEREOF,the parties hereto have caused this instnnnent to be executed the day and year first above written ATTEST:CITY OF SAN LUIS OBISPO,A Municipal Corporation City Qak Admnistrative Officer[or Mayorl "MOVED AS TO FORK citywiercey DONGR: By. Winifred a Warren ",e,- COO" Y. ATTACHMENT 2 cit of san lui s oBi s o p Donor Agreement THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this 4AM&ALday of AQVS' by and between the CITY OF SAN LULS OMSPO,a municipal corporalion,hereinABer refined Was QTY,and THE VILLAGE AT THE PALMS,heremattertefeaed to as DONOR WITNESSETH: WHEREAS,DONOR desires to donate 514,931.85;and WHEREAS,acceptance of such a donation is conshstent with City Policy; NOW THEREFORE,in consideration of their mumal promises,obligations and covenants baeinafter coatemed,the parties hereto agree as follows: 1. TERM.The tam of!bomb Agreement shall be from the date this Agreement is made and entered,as Sint written above,until acceptance or completion of said services.The cash donation as specified m this agreement shall become property of the MY. 2. DONOR.in moderation of the City's provision of services as specified in this Agreement,the cash donation shall be as follows: •Fourteen thousand me hundred and 1huty-0ne dollars and eigbty-five cents($14931.85). 3. CITY OBLIGATIONS: In consideration of the cash dontm as specified in this Agreement, the City services shall be as follows: -Purchase and installation of In-Roadway Warning Lights at the pedestrian raid block raised crosswalk on Ramona Drive,San Luis Obispo,CA.Crosswalk is located 90 axles west of Broad Street -Lighted pedestnan crosswalk to include in pavement lighting madras with audible fcodback pedestrian posh buttons and flashing LED pedestrian waren signs. -The okact placement of all components of the In-Roadway Lights System will be at the discretion of the City Public Works Department. •The City Public Warks Department shall have the right to remove the In-Roadway Warning Light System at anytime. 4. USE OF FUNDS:MY shall use the Donation m connection with the purchase and inatalation of one hi- Roadway Warning Light System In the event that such use becomes impomble or impractical for any reason, then QTY shag consult with DONOR as soon as practicable with Dona to reach an agreed alternative use of the Donation;provided,however,that Donor shall m no event have my rights with rcap= to the Donation or I Ca, lg ATTACHMENT 2 proceeds thereof which would prevent CITY Aram freely and effieetively employing the Donation in, fiatheance of its=am$purposes within the meaning of Section 1507-2(axg)of the income tax regulations. Under no cira>rnce Shan the Donation or any pact of it revert to Donor. S. TAX STATUS OF CITY.City hereby confirms that CITY is an oration described in Section 501(c)(3) and 170(bXIXAxv)of the Internal Revenue Codd to which conmbutions are deductible for Federal leonine tau purposes to the event provided in Section 170 and an other applicable sections of the Code. 6. COMPLETE AGREEhAZNI.Mus written Ageeemmt,including an writings specifically incorporated herein by ref recce, shah constidabe the minplede agoenunt between the parties hereto. No oral agreement, tmderatandtng,or represeatedon not mhwed ID waiting and specifically mcotporate d herein shah be of any form or effect,nor shall any such oral agreement,undeermnding,or representation be binding upon the parties hereto. 7. NOTICE.All written notices to the parties hereto shall be sent by United Sinus mail,postage prepaid by registered or certified marl adatessed as follows•. CITY: DONOR City Clerk The village at the Parma City of San Luis Obispo Atta:Jack Witter,VP 990 Patin Street 55 Broad St. San Luis Obispo,CA 93401 San Ltus Obispo,CA 93405 8.AUTHORITY TO EXECM AGREEMENT.Both CITY and DONOR do covenant that each individual exccunng this agreement on behalf of an&party is a person duly aphorized and empowered to ctecuu Agreements for such party. IN WITNESS WHHREOF,the parties hereto have caused this msmmwd to be executed the day and year first abovewritten. ATTEST:CITY OF SAN LUIS OBISPO,A Mtmicgxd Corporation By: City Clerk Administrative Officer[or Mayor) APPROVED AS TO FORM:- Cit A/ ey~~ R: Witte;vice President,Thevillage at the Palms � r Q lav/� ATTACHMENT 3 Section 760 DONATION: POLICY RESOLUTION NO.9965(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, marking, 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 insurancerequiretneats. Upon motion of Council Member Mart seconded by Council Member Ewan, and on the 745-1 C g�g ATTACHMENT 3 Donation Policy 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. Mayor Allen Settle ATTEST: r Lee Pnce,City ClerV �— APPROVED AS TO FORM: WA 4K Jeffre o - ea ,C' Attorney 745-2 I V ,