HomeMy WebLinkAbout01/16/2001, C2 - MEMORIAL GARDEN DONATIONcouncil
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C I T Y OF S A N L U I S O B I S P O
FROM: r, aul LeSage, Director of Parks and Recreation
SUBJECT:'- MEMORIAL GARDEN DONATION
CAO RECOMMENDATION
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January 16, 2001
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1. Accept the donation of park improvements creating a memorial garden on City property
located at 170 Brook Street.
2. Authorize the Mayor to sign the donor agreement.
3. Name this site the Eto Memorial Park.
DISCUSSION
Background
The Rotary Club of San Luis Obispo has offered to construct a memorial garden at 170 Brook
Street and donate these improvements to the City. Jim Brabeck, Rotary Club member and
General Manager of San Luis Obispo County Farm Supply, is the project manager.
170 Brook Street is the site of a former City park. The park was decommissioned in 1994 and is
essentially a vacant lot at this time. The proposal is to develop a passive park that is tastefully
landscaped and easy to maintain. Mr. Kodo Matsubara, a landscape architect, has been retained
by the donors to prepare the design concept for the park, included as Exhibit A to the Donor
Agreement (Attachment 1).
Mr. Brabeck has had several meetings with the residents of Brook Street and this design reflects
their input. Several of these residents spoke in favor of the project when the Parks and
Recreation Commission reviewed it. St. Luke's Baptist Church members, located on Brook
Street, also support this project.
Staff has reviewed this proposal and found it to be consistent with the City Donation Acceptance
Policy (Attachment 3). There will be ongoing costs associated with maintaining this park, but
they are relatively minor. The naming, which would be noted on a standard City park sign, is
appropriate considering the history of the site.
The Donor Agreement specifies the Rotary Club's obligations for the project, which include the
construction of the park to City specifications. The donor will be expected to follow City
procedures including plan check, permitting, inspection, and insurance. C2-1
Council Agenda Report — Memorial Garden Donation
Page 2
The Parks and Recreation Department will pay any of the City fees necessary for the approval of
this project.
The donors are prepared to move forward with this project in a timely manner once the necessary
approvals have been gained.
CONCURRENCES
The Parks and Recreation Commission unanimously approved this donation request at their
November meeting.
This project is consistent with the Mid - Higuera Plan concept that is now being circulated. When
the Parks and Recreation Commission reviewed the plan, a number of area business owners
attended the meeting. While many of these people had disagreements with portions of the Mid -
Higuera Plan, they all agreed that this park would be an improvement for the area.
FISCAL IMPACT
Under the Donor Agreement, the City agrees to assume responsibility for maintenance of the
Park. That cost is estimated at $3,000 per year.
ATTACETYIENT
1. Donor Agreement
a. Site Plan
2. Offer of Donation
3. Donation Acceptance Policy
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Attachment 1
Clty 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 the Rotary Club of San Luis Obispo (Jim Brabeck,
Representative), hereinafter referred to as the Club.
WHEREAS, the Club desires to donate park improvements'at 170 Brook Street; 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:
1. TERM: The term of this agreement shall be from the time the agreement is entered
into until the completion of the park.
2. CLUB'S OBLIGATION:
• Construct park improvements to the City property consistent with the plan
submitted as part of this offer of donation (Exhibit A)
• Follow all City construction procedures including plan check, permitting,
inspection, and insurance requirements
3. CITY'S OBLIGATION:
• Accept the ongoing maintenance of the park
• Incur all City development fees
4. RECOGNITION: This donation shall be recognized in the following manner:
• A standard park sign noting this site as Eto Memorial Park
• A plaque of a suitable material (bronze or granite) with the wording "Dedicated to
the Memory of the Eto Family"
5. 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.
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Attachment 1
6. 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:
City of San Luis Obispo
City Clerk
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Donor Rotary Club of San Luis Obispo
Jim Brabeck, Representative
P.O. Box 111
San Luis Obispo, CA 93406
7. AUTHORITY TO EXECUTE AGREEMENT. Both City and the Club 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 party.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed
the day and year first above written.
ATTEST:
Lee Price, City Clerk
APPROVED AS TO FORM:
CITY OF SAN LUIS OBISPO,
A Municipal Corporation
Allen Settle, Mayor
DONOR: ROTARY CLUB OF SAN LUIS OBISPO
J I (-Allfxltl� By:
J G. J r!ser; ity Attorney
Jim Brabeck, Representative
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Attachment 2
aJOHN BARNHART Page 1 of 2
Rotary Club of San Luis Obispo • #680, District 5240
December 14, 2000
Mr. Paul LeSage, Director
City of San Luis Obispo Parks & Recreation Department
HAND DELIVERED
Dear Paul,
The purpose of this letter is to formally request that the City of San Luis Obispo accept, as a donation, the
creation of a memorial type garden on the currently un- landscaped city owned property at 170 Brook
Street.
We presented the concept and subsequently the drawings prepared by Mr. Kodo Matsubara to the Parks
and Recreation Commission for their input and approval. When we made our presentation, we requested
only three things in exchange for our developing the park. First, that we be allowed to do so, second, that
when it is finished, the City of San Luis Obispo would accept it and the responsibility for its ongoing
maintenance, and third, that it be named in honor of the Eto Family in recognition of their many
contributions to our community. As you know, Brook Street was formerly Eto Street, named in honor of
their family which was instrumental in establishing the Japanese community in that section of our city.
Several years ago there was a move to rename the street, however there was slight resistance to the idea
and the Eto family did not want to pursue anything that would go against the wishes of the neighborhood.
I am very pleased to inform you that all of the residents of Brook Street are supportive of the development
of the park, as well as The Jewish Histnrical Society; The Polish Slavic League, The Japanese Buddhist
Community, St. Luke's Baptist Church Members, and also the Rotary Club of San Luis Obispo, who are
undertaking this as a major project. They are the club that developed the pavilion at Laguna Lake Park.
Our firm, San Luis Obispo County Farm Supply Company, has agreed to upfront the costs associated with
the project so there will be no lapse in time once we begin work, as Masaji Eto was a long time and
valued member of our Board of Directors. I might add that even though we have not publicized the park,
many people including the Eto family, have made donations to offset the cost of the project. This has, is,
and will continue to be a community effort with all of us working together to accomplish its' creation.
We greatly appreciate your forwarding our request on to the City Council for their January meeting and
hopefully they will approve our request.
977 Pasatiempo Drive • San Luis Obispo • California • 93405 • 805/543 -1832 • jbarn
ATTACHMENT 2
Attachment 2
Page 2 of 2
Mr. Paul LeSage
page 2
On a personal note, Paul, I want you to know how much I appreciate your stewardship in getting us this
far and also for the assistance of Larry Tolson, Jeff Hook, Rich Columbo, and Todd Martin. The City has
a great staff.
Please advise me of the time and place of the City Council Meeting and I will be there to answer any
questions the council may have.
Respectfully yours,
FLUIS OBISP OUNT
A NM SLWPIV COMPANY
J e Brahck
r__ _7L1 Manager ..
Ro Club of San Luis Obispo
Major Project Chair
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Attachment 3
Page I of 2
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, 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 insurance requirements.
Upon motion of Council Member Marx seconded by Council Member Ewan, and on the
C2_8 R 8965
Resolution No. 8965 (1999 Series)
Page 2
following roll call vote:
Attachment 3
Page 2 of 2
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:
DNA/ A
C)6 Attorney
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