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HomeMy WebLinkAbout05/05/2009, C9 - DONATION AGREEMENT AND FUNDING FOR RAILROAD SAFETY TRAIL PHASE 4A, SPECIFICATION NO. 90821 (FOOTHIL I ' 1 council Dk 5/0W008 j ac,Enaa Report CITY OF SAN LUIS OBISPO FROM: Jay D. Walter,Director of Public Works Prepared By: Peggy Mandeville,Principal Transportation Planner SUBJECT: DONATION AGREEMENT AND FUNDING FOR RAILROAD SAFETY TRAIL PHASE 4a,SPECIFICATION NO. 90921 (FOOTHILL BOULEVARD TO CAMPUS WAY) CAO RECOMMENDATION 1. Accept a $50,000 donation from the Monday Rotary Club of San Luis Obispo to pay for wrought iron safety fencing along Phase 4a of the Railroad Safety Trail. 2. Authorize the Mayor to execute the donor agreement which outlines additional Railroad Safety Trail fundraising efforts by the Monday Rotary Club. 3. Advance funding in the amount of $292,000 from transportation impact fees, pending the receipt of additional donations,to complete the design and construction of Phase 4a. DISCUSSION Background In 2001 the City adopted a route plan for the Railroad Safety Trail bikeway paralleling the railroad tracks between the Amtrak train station and Foothill Boulevard. Since that time the City has been moving forward to implement the plan. Most.recently, on March 18, 2008, the Council authorized staff to advertise for bids for the construction Phase 4 between Highway 101 and Foothill Boulevard. Last summer City staff met with Cal Poly University and Union Pacific Railroad (UPRR) employees to discuss safety issues resulting from trespassing on the railroad property near Cal Poly. At that meeting, the staff notified Cal Poly and UPRR that the City would be addressing the issue south of Foothill Boulevard by installing wrought iron fencing as part of the Railroad Safety Trail Phase 4 bikeway project. A few months after this meeting, Cal Poly notified the City that they would be addressing the issue on campus by constructing a similar bikeway and wrought iron fencing along the railroad tracks between Campus Way and Mustang Stadium in Summer 2008. To physically connect to Cal Poly's bikeway, the City's bikeway system needs to be extended approximately 500 feet from the intersection at Foothill Boulevard north to Campus Way, which is the City limit line(see Attachment 1, Location Map). Monday Rotary Club Donation The Monday Rotary Club of San Luis Obispo learned of the 500 foot long gap (or as they call it, "the missing link') and their current board led by President Roxanne Carr voted to take the �n � l Railroad Safety Trail Phase 4a Page 2 project on as its fust official "Clean and Green Project"to help the environment(see Attachment 2, Letter of Intent). Their commitment to the project includes: I. Donating $50,000 to the City for wrought iron safety fencing that will separate the bikeway from the railroad tracks. Since the safety fencing is currently estimated at $30,000, the Rotary has indicated that any left over funds could be put toward the construction of the bike path. 2. Spearheading a community wide fundraising effort to pay for the construction of the"missing link"bikeway(estimated at$307,000). Over the years the Rotary Club of San Luis Obispo has worked with the City on a number of successful projects including the Mitchell Park bandstand, the picnic pavilion at Laguna Lake Park, the amphitheater at Mission Plaza and fencing at the Jack House. Per the City's Donation Policy, all donations which exceed $5,000 in value must be accepted through a written agreement and approved by the Council. Staff has reviewed the proposal and finds it consistent with the City Donation Acceptance Policy(see Attachment 3). Project Funding A Capital Improvement Plan(CII')project for the 500 foot"missing link"was not proposed at part of the 2007-09 Financial Plan because at the time Cal Poly had no plans to provide a bikeway extension. Now that they are, staff recommends that a physical connection be made between the two bikeways so a continuous route can be provided when the two paths are completed this summer. In addition to donating $50,000 for safety fencing for the "missing link", the Monday Rotary Club is actively undertaking a fundraising effort (information about the effort can be found at www•rr milfund.org) to pay for the construction of the trail estimated at $307,000. Staff fully expects the Rotary to meet their fundraising goals, however, to ensure that the money will be there when it is needed, staff recommends that transportation impact fee (TIF) funds be advanced to the "missing link"project (identified by the City as Phase 4a) to pay for environmental review, design, and any shortfall in construction funding. The estimated project costs of the Railroad Safety Trail Phase 4a project are shown below: Phase 4a Estimated Pro'ect Costs fE!st!imated Cost Environmental Review 5 000 Design 0,000Construction(including fencing at$30,000) 7 000 Total Project Cost $342,000 As reflected above,the project is estimated at$342,000 of which$50,000 will be provided by the Monday Rotary Club of San Luis Obispo for wrought iron safety fencing and other project costs, with an unknown additional amount of funds raised by the Rotary Club through their"clean and green"fundraising effort. C;q -a Railroad Safety Trail Phase 4a Page 3 CONCURRENCES The Bicycle Transportation Committee has been notified of the Railroad Safety Trail Phase 4a project and the proposed donation. The Committee supports the City and Rotary efforts to expand the City's bicycling facilities, and more importantly, the Railroad Safety Trail, which is identified along with the Bob Jones City-to-Sea Trail as the highest priority projects in the City's Bicycle Transportation Plan. Other supporters of the Rotary's fundraising efforts for Phase 4a of the Railroad Safety Trail include the San Luis Obispo County Bicycle Coalition, SLO Regional Rideshare, Cal Poly, ECOSLO, the Land Conservancy of San Luis Obispo County, the San Luis Obispo Chamber of Commerce and the San Luis Obispo Bicycle Club. FISCAL IMPACT As part of the 2005-07 Financial Plan, the Council budgeted$624,000 in TIF funds for the Railroad Safety Trail Phase 4 project(Highway 101-Foothill Boulevard). Since that time,the City received a $541,800 Bicycle Transportation Account grant for the same project. Based on current Phase 4 project cost estimates, staff anticipates that$292,000 in TIF funds will available to advance funds for Phase 4a,pending the receipt of additional donations. The following summarizes current and proposed Phase 4 and 4a project costs: Project Costs Current Change Revised Phase 4 Phase 4a Tot-al Land Acquisition 7,500 7,500 Design 47,300 30,000 77,300 Environmental Review 5,000 5,000 Construction 819,000 307,000 1,126,000 Total $873,800 $3429000 $1,2159800 Project Funding Sources Current Change Revised Phase 4 Phase 4a Total TIF 624,000 (292,000) 332,000 TIF Advance 292,000 292,000 BTA Grant 541,800 - 541,800 Donation 50,000 50,000 Total $1,1651800 $50,000 $19215,800 ALTERNATIVES 1. Deny the donation. This is not recommended because the donation will pay for safety fencing and provide funding for a previously unfunded section of the Railroad Safety Trail. Additionally, the donation demonstrates a true community partnership in the bikeway project which will be looked at favorably when the City applies for future grant applications. CA -3 I Railroad Safety Trail Phase 4a Page 4 Finally, this project will help implement two Major City goals (Bikeway Improvements and Traffic Congestion Relief). 2. Do not advance funding for the balance of the Phase 4a project. The Monday Rotary Club has committed to raising funds for the balance of the project. However, given Cal Poly's plans to construct a similar bikeway and wrought iron fencing along the railroad tracks between Campus Way and Mustang Stadium in Summer 2008, we believe it makes sense to begin design now and provide assured funding for construction via an advance if needed from available TIF funds. ATTACHMENTS 1. Project Location Map 2. Letter from Monday Rotary Club of San Luis Obispo 3. City Donation Acceptance Policy 4. Donor Agreement T:\Council Agenda Reports\Public Works CAR\Transportation\RRST Phase 4a.doc FA ATTACHMENT Z a Rotary Club of San Luis Obispo P. O. Box 833 San Luis Obispo, CA 93406-0833 Phone:805-550-2420 April 22,2008 TO: San Luis Obispo City Council Honorable Mayor and City Council Members: The Rotary Club of San Luis Obispo is pleased to announce its first official"Clean and Green Project,"which we dedicate to raising money for the 500-foot section of the City's Railroad Safety Bicycle and Pedestrian Trail,presently unfunded.We have nicknamed this section between Foothill Avenue and Cal Poly the"Missing Link." We hope that the funding and extra community energy we contribute will facilitate completion of this"Missing Link"simultaneously with the two portions of the Trail which it connects. Our goal is to help make safe,car-free transportation between Cal Poly and Downtown a reality in the very near future. My Rotary Board and I have approved a two-phase strategy to accomplish this goal—cash donations from members and a three-month community fundraising campaign. During the fust phase,we are making a direct donation in the amount of$50,000,to be applied toward the installation,labor and materials for the safety fencing needed for the completion of this section. We hope to make another sizeable donation after our Spring Fundraiser,the Rotary Annual Cadillac Event scheduled for May 17t°of this year. Additionally,we have conducted a grassroots fundraising campaign in coalition with other sponsors,listed in the enclosed brochure. The brochure has been sent to selected homes in the City and is also being distributed by our sponsors. The funds raised during this second phase will be donated to the City in June of this year. We hope you will accept this donation to the City in accordance with the City's Donation Acceptance Policy. Our thanks go out to past and present City Councils and staff who have worked for decades planning and securing the rights for this Bicycle Path. We are especially grateful to Peggy Mandeville,Principal Transportation Planner for the City,for all her professional advice,enthusiasm and nearly daily help on behalf of this project. Sincerely, &neCarr President,2007-2008 Vt �W ARACHMENT Section 760 DONATION POLICY 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 fbr 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 nattm that may be in the Sorin of signage, marking, or naming. Any naming of Parks and Recreation facilities shaII 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 nortnal City review,permitting,inspection,and insurartce requirements. Upon motion of Council Member Marx seconded by Council Member Ewan,and on the 745-1 n ATTACHMENT 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 thish day of September, 1999. Mayor Allen S e ATTEST: r 1 Lee Pace.City Cle APPROVED AS TO FORM: 1e o e Attorney 745-2 e�9 -9 ATTACHMENT City of San Luis Obispo Donor Agreement THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this day of , 2008 by and between the CITY OF SAN LUIS OBISPO, a municipal corporation,hereinafter referred to as "City", and the Rotary Club of San Luis Obispo (Rotary Charities), hereinafter referred to as "Donor." WITNESSETH: WHEREAS, the Donor desires to donate$50,000(hereinafter referred to as "Donation"); toward the construction and installation of safety fencing for the"Missing Link"section of the Railroad Safety Bicycle and Pedestrian Trail parallel to the railway between Foothill Blvd. and Cal Poly's Campus Way("Section"); and WHEREAS, the Donor also is seeking more funds from within Rotary and, in April, May and June,2008, is leading a grass roots fund raising effort--with the volunteer assistance of the Environmental Center of San Luis Obispo ("ECOSLO")and with the support of a broad range of businesses,agencies and nonprofit groups—to solicit donations towards completion of said Section; (hereinafter referred to as "Donation"); WHEREAS, acceptance of the Donation is consistent with City Policy as set forth in Resolution No. 8965 (1999 Series); 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 the Donation. 2.DONOR'S OBLIGATION: Donor shall perform as follows: • Donation to the city of$50,000 when the contractor,date and contract price for installation of the safety fencing is determined by the City and communicated in writing to Donor; • Donation of funds Donor and community groups raise, which are specifically earmarked towards the completion of said Railroad Safety Bicycle Trail; • Donor shall comply with the City's standard liability insurance and indemnification requirements, as specified by the City's Risk Manager. 3. CITY'S OBLIGATION: City shall perform as follows: ATTACHMENTIT i Coordinate and provide oversight to the project to ensure that the project conforms to City specifications; and • Assist donor in shepherding the project through the City's review and approval processes. • Indemnify donor from any alleged liability arising from donor's donation, which is purely monetary. 4. RECOGNITION: The Donor shall be recognized in the following manner: a)The donor shall be permitted, with City approval to install a plaque on project premises, honoring persons or organizations at the discretion of the donor, in accordance with City specifications. b)Dedication of section of bicycle path: At such time as the section is completed, City shall hold a ceremony at which Donor and members of the organization shall receive appropriate recognition. c) The City shall schedule the Rotary's request for naming rights of said section of the Railroad Safety Trail on the City Council meeting agenda if donor and community groups mobilized by donor raise more than 50%of the cost to complete this section of the trail currently estimated at$307,000; 5.TAX STATUS OF CITY: City hereby confirms that City is an organization described in Section 501( c)(3) and 170(b)(1)(A)(v)of the Internal Revenue Code, to which contributions are deductible for Federal income tax purposes to the extent provided in Section 170 and all other applicable sections of the Code. Donor acknowledges and understands that it should consult with its tax consultant as to the deductibility of the Donation for Federal income tax purposes. 6. COMPLETE AGREEMENT: This written Agreement,including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect,nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. 7.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. 8. NOTICE.All written notices to the parties hereto shall be sent by United States mail,postage prepaid by registered or certified mail addressed as follows: �L�i- C111i':i- k City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Rotary Club of San Luis Obispo P.O. Box 8 3 3 San Luis Obispo, CA 93406 9. AUTHORITY TO EXECUTE AGREEMENT. Both City and Donor do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such ply IN WITNESS WHEREOF,the parties hereto have caused this instrument to be executed the day and year first above written. CITY OF SAN LUIS OBISPO,A Municipal Corporation By: Mayor, David Romero DONqR By: Roxanne Carr, President 2007-2008, Rotary Club of San Luis Obispo ATTEST By: Audrey Hooper, City Clerk APPROVED AS TO FO By: Jonathan Lowell, City ttorney Oo vi sKvqs7- _ ® , - _.:hibit A �I�IC Cpwov�.4�� 3 x z A _------_Ii --- - > N BEACH Sr ` - �PONO St 1 a - m p o NIPOM) 0 900 ca 0 I"H3 3 � z _. 3 9 o BROAD I m99 r �' < ROAD ST. � @9 GARDE V O - � m GL CHORR I rcHORRO ST. ® I? 0 a q ea MORRO I MORRO ST. ® m ❑o� L� o� � ® 6i1 OSOS ST. 13001 700 OSOS ST. a 1 cc q -- I . _ . _ . _ . _ . J m SANTA ROSH. SANTA ROSH w � ep 0 0 � -' TORO ST. 71v n uOff, n o 0 o Ny.pN 4k Z N o PEPPER ST.. I o a S P R R > x cn 2 c m = p fn !A N N -I y 5-15-90