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HomeMy WebLinkAbout10/01/2002, BUS 6 - DONATION OF CHINESE THEMED PARK IMPROVEMENTS AT THE CORNER OF MARSH AND SANTA ROSA STREETS council r% z j ac,Enaa Report umN�mn;!Z,C 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 G:UlaJfWiter Del atelAgemta Prep Fi1ecICAR-1095 Marsh Stre i 10.01.0.Um 0-z 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 `w t - o s ' z . oil 0 �7+y i � ^' fir- •t ru d83ZIL$ HaM i -9. EXHIBIT 2' u, $t v. moi`'••: - " � 1 - - - C6 Ak ' 4 a00 z V 00 a � r 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: � r Lee Pnce, City Clerk APPROVED AS TO FORM: v(�"Ot� - Jeffr ore C' Attorney ATTMHMW VOW. % Parks and Recreation Commission MINUTES City-County Library Conference Room O 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).