HomeMy WebLinkAbout10/01/2002, BUS 6 - DONATION OF CHINESE THEMED PARK IMPROVEMENTS AT THE CORNER OF MARSH AND SANTA ROSA STREETS council r% z
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CITY O F SAN L U I S O B 1 S P 0
FROM: tPaul LeSage, Parks and Recreation Director
SUBJECT: DONATION OF CHINESE THEMED PARK IMPROVEMENTS AT THE
CORNER OF MARSH AND SANTA ROSA STREETS
CAO RECOMMENDATION:
1. As recommended by the Parks and Recreation Commission, approve the conceptual
design and the donation of park improvements on the City property located at 1095
Marsh Street (corner of Marsh and Santa Rosa Streets) from the Chinese Garden SLO.
2. Authorize the Mayor to sign the Donor Agreement. (Attachment 1).
DISCUSSION
Chinese Garden SLO has offered to improve the City property at 1095 Marsh Street. Alice Loh,
Landscape Architect and Chair of the City Planning Commission, leads this local non-profit
organization. They have developed a conceptual plan for the site (Exhibit A to Attachment 1)
and, if approved, are willing to donate the improvements. The site is currently an undeveloped
lot of less than one acre in size. Although no funding has been allocated for improvements to the
property, it was purchased with the intent of developing a small park in the future. As part of the
requested action, Council is being asked to review, comment, and approve the conceptual design
of the park.
Staff reviewed the proposal and found it to be consistent with the City Donation Acceptance
Policy. (Attachment 2). The Donor Agreement specifies Chinese Garden SLO's obligations for
the project, including the construction of the park improvements to City specifications.
If the project concept is approved and the donation accepted, the final project design will go
through the normal development review process, which includes the Parks and Recreation
Commission and the Architectural Review Commission approvals.
Chinese Garden SLO intends to contract with a local landscape contractor for construction of the
project. The contractor would be subject to standard City requirements, which include,
appropriate permits and liability insurance coverage. As a City project, the application fees are
exempted.
A donation of this type provides an opportunity for the donors to propose a park naming. Since
the Chinese Garden SLO has not selected a name yet, they would like to retain that option.
G-/
Council Agenda Report—Donation of Chinese Themed Park Improvements
Page 2
Representatives of Chinese Garden SLO will be available at the meeting to answer any questions
the Council may have regarding the design concept.
FISCAL IMPACT
Under the Donor Agreement, the City agrees to assume responsibility for maintenance of the
park, an estimated $10,000 per year. The fee was developed by the Parks Maintenance staff and
represents a high-end estimate.
CONCURRENCES
The Parks and Recreation Commission reviewed and unanimously (and enthusiastically)
approved the conceptual design and donation request at their September 4, 2002 meeting.
(Attachment 3).
ATTACHMENTS
1. Donor agreement
a. Site plan
2. Donation Acceptance Policy Resolution
3. Parks and Recreation Commission Minutes September 4, 2002
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ATrACKMENT
city of san Luis omspo
DONOR AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this day
of , by and between the CITY OF SAN LUIS OBISPO, a municipal
corporation,hereinafter referred to as"City",and CHINESE GARDEN SLO,hereinafter referred to as"Donor".
WITNESSETH:
WHEREAS, CHINESE GARDEN San Luis Obispo desires to donate park improvements at 1095 Marsh
Street(hereinafter referred to as"Donation");and
WHEREAS, acceptance of the Donation is consistent with City Policy as set forth in Resolution No.
(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 OBLIGATIONS: Donor shall perform as follows:
• Construct park improvement 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 OBIGATIONS: City shall perform as follows:
• Accept the ongoing maintenance of the park.
• Incur all City development fees.
4. 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 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.
�-3
ITACHMENT
oonon agneement PAGE z
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.
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. 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 City Clerk
City of San Luis Obispo
990 Palm Street
San Luis Obispo,CA 93401
Donor Chinese Garden SLO
Alice Loh,Representative
31 Hathway
San Luis Obispo,CA 93405
10. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor 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: CITY OF SAN LUIS OBISPO,A Municipal Corporation
By:
City Clerk Mayor
APPROVED AS TO FORM: DONOR:
By:
WAtto Alice Loh,Representative
GADonafions V 095 marsh donor agraemem.doc
EXHIBIT
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ATTACHMENT
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.
T. 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
R 8965
� ATTACHMENT2_
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:
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Lee Pnce, City Clerk
APPROVED AS TO FORM:
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Jeffr ore C' Attorney
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VOW. % Parks and Recreation Commission
MINUTES
City-County Library Conference Room
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Wednesday, September 4, 2002, 7:00 p.m.
CALL TO ORDER: Chair Peter Dunan called the meeting to order at 7:03 p.m.
ROLL CALL: Chair Peter Dunan, Commissioners Debbie Black, Daniel Buckshi, Gary
Clay,Teresa Larson, Jim Neville, and Bill Pyper.
ABSENT: All present.
STAFF: Director Paul LeSage,Michael Clarke,Neil Havlik,Larry Tolson, and Cindy
McDonald.
Council Member Ken Schwartz and Jack House Committee Member Martha Schwartz were also in
attendance.
PUBLIC COMMENT PERIOD:
There was no public comment
CONSIDERATION OF MINUTES:
The minutes of the August 7,2002 meeting were approved.
1. Volunteer of the Month
Andy Owens was presented with a Volunteer for the Month certificate for his service in the
Department's City Corp program.
2. Presentation by Alice Loh on 1095 Marsh Street
LeSage presented the Commission with background regarding the City owned property at 1095
Marsh Street. Alice Loh,Planning Commissioner, and Chinese Garden SLO Chairperson presented
design ideas for the 1095 Marsh Street site. She explained some of the history and feels an Asian
theme would make be ideal for this site. Ms. Loh stated that the Downtown Association is
supportive of this idea. The Commission discussed the presentation. Pete Dunan recommended
that the Chinese Garden SLO suggest a name for the park to bring before this Commission at the
next meeting.
a. The Commission recommends to City Council the design concept for the 1095 Marsh
Street site. (Black/Pyper, unanimous).
b. The Commission recommends to City Council to accept this donation from the Chinese
Garden SLO. (Black/Clay,unanimous).