R 4065 RESOLUTION NO 4065
i
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ADOPTING A MITIGATED NEGATIVE
DECLARATION, DESIGNATING A PORTION; OF ELM
STREET PARK AS AN OFF LEASH PET AREA FOR USE AS
A DOG PARK, APPROVAL OF AN ADOPT-A=PARK
AGREEMENT WITH THE FIVE CITIES DOG PARK
ASSOCIATION AND AUTHORIZATION FOR THE CITY
MANAGER TO APPROVE AND MAKE MINOR CHANGES
AND MODIFICATIONS AND TO EXECUTE THE
AGREEMENT
WHEREAS, the City of Arroyo Grande (City) owns and operates a public multi-
purpose park (the Park) commonly known as the Elm Street Park located at 350 S
Elm Street and
WHEREAS a group of City and San Luis Obispo County residents known as the Froe
Cities Dog Park Association (FCDPA) has requested that the City designate a portion
of the Park as an off leash area for canines to be used for human and canine recreation
(the Dog Park or Protect and
WHEREAS the FCDPA has agreed to improve at its sole cost and to assist in the
operation and maintenance of the Dog Park pursuant to the terms of an Adopt-A-Park
~ Agreement (Agreement) and
WHEREAS, the City has reviewed the proposed Protect in compliance with the California
Environmental Quality Act (CEQA) the CEQA Guidelines and the City of Arroyo Grande
Rules and Procedures for Implementation of CEQA and has prepared a Negative
Declaration with Mitigation Measures for the Protect and
WHEREAS, the City Council finds that it is in the best interests of the residents of the
City and the surrounding community to designate a portion of the Park as a Dog Park
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Arroyo
Grande hereby adopts a Negative Declaration with Mitigation Measures and designates
that portion of the Elm Street Park depicted in Exhibit A' attached hereto and
incorporated herein by this reference as an off leash area for use as a Dog Park
subtect to all applicable rules and regulations
BE IT FURTHER RESOLVED that the City Council approves the Adopt-A-Park
Agreement attached hereto as Exhibit B and authorizes the City Manager to make
minor modifications to the Agreement and to execute the Agreement This Resolution
shall supersede Resolution No 4032
RESOLUTION NO 4065
PAGE 2
On motion of Counal Member Guthrie, seconded by Council Member Fellows, and on
the following roll call vote, to wit
AYES Council Members Guthrie Fellows Costello Arnold and Mayor Ferrara
NOES None
ABSENT None
the foregoing Resolution was passed and adopted this 22"" day of January, 2008
RESOLUTION NO yo~5
PAGE 3
TONY FE A, MAYOR
ATTEST
`t~v(~tl~~-
KELLY WE MO ,CITY CLERK
APPROVED AS TO CONTENT
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM
TIM THY J C RM ,CITY ATTORNEY
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ElHIBIT B
CITY OF ARROYO GRANDE
ADOPT-A-PARK AGREEMENT
This Adopt-a-Park Agreement (hereinafter Agreement) is made and entered this
day of 2008 by and between the City of Arroyo Grande, a Municipal
Corporation of the State of California (hereinafter the City) and the Five Cities Dog
Park Association a community volunteer organization (hereinafter FCDPA )
WHEREAS City is owner and operator of certain real property (the Property )
commonly known as Elm Street Park which is located at 350 South Elm Street in the
City of Arroyo Grande County of San Luis Obispo State of California and
WHEREAS, the FCDPA is a community volunteer organization committed to
establishing off leash canine-related recreation within the five cities area, including but
not limited to construction operation and maintenance of dog parks and
WHEREAS the FCDPA and the City recognize the need for an off-leash pet area in
Arroyo Grande and
WHEREAS on January 22 2008 the City Council officially designated and reserved a
portion of Elm Street Park near the southern boundary of the Property as generally
depicted in Exhibit A attached hereto as an off-leash area for use as a dog park (the
Dog Park) subject to all applicable rules and regulations and
WHEREAS, the FCDPA understands, acknowledges and agrees that the Dog Park is
part of an active City park owned by the City and operated for the benefit of the general
public and
WHEREAS City recognizes the FCDPA as an adopting organization for the Dog Park
and
WHEREAS, by this Agreement the parties wish to specify the terms and conditions for
the construction operation use and maintenance of the Dog Park
NOW THEREFORE inconsideration of the mutual covenants and conditions set forth
herein FCDPA and City agree as follows
Section 1 Construction
(a) Subject to the approval requirements set forth in section 1(b) below
FCDPA shall at its sole cost construct fencing gates signage bulletin
board sanitary mitt/bag dispensers and other similar improvements and
install landscaping in the Dog Park
(b) Before any construction may occur, FCDPA shall submit an Improvement
Plan to the City s Director of Parks Recreation and Facilities and Director
of Community Development describing and depicting all proposed Dog
Park improvements FCDPA shall not commence any construction
activities until such Improvement Plan is approved rn writing by the
Director of Parks Recreation and Facilities and: Director of Community
Development
Section 2 Maintenance
FCDPA agrees to provide the following minimum maintenance activities
(a) Daily monitoring of the Dog Park and removal of dog waste
(b) Assist and perform ongoing maintenance of all improvements in the Dog
Park
(c) Assist with management and enforcement of all rules and regulations
imposed on the Dog Park by City and
(d) Such other services as determined to be necessary or appropriate by City
for the safe and orderly operation of the Dog Park
FCDPA shall be responsible for informing volunteers and other participants of safe work
methods used in carrying out construction park cleanup and other maintenance
activities
Section 3 Records
FCDPA shall submit to City a Project Record of all Dog Park activities including
construction maintenance and inspections on a quarterly basis unless otherwise
requested by City
Sectron 4 Guidelines
FCDPA acknowledges receipt of and agrees to conform to the terms and conditions of
the California Joint Powers Insurance Authority guidelines
Sectron 5 No Possessory Interest
FCDPA understands and agrees that it shall not have any possessory interest in the
Dog Park and that any improvements made therein by FCDPA are for the sole benefit of
the general public and shall become fixtures to the property and the exclusive property
of City
Sectron 6 City's Rights and Obligations
(a) Without waiving any rights it may have the City reserves the right to
remove Dog Park amenities (such as benches water fountains or
landscaping) if deemed necessary to protect the public health safety or
welfare
(b) The City shall provide and pay for the necessary utilities for the Dog Park
including water garbage and electrical services
(c) The City reserves the right to modify the use of or close the Dog Park, m
its sole discretion
Section 7 Indemnity
To the fullest extent permitted by law FCDPA shall indemnify defend and hold
harmless City and any and all of its employees officials and agents from and against
any liability where the same arise out of the gross negligence or willful misconduct of
FCDPA or any of its members
IN WITNESS WHEREOF the parties hereto have caused this Adopt-A-Park Agreement
to be executed by and through their respective authorized officers as of the date first
written herein above
CITY OF ARROYO GRANDE FIVE CITIES DOG PARK ASSOCIATION
By By
Tony Ferrara Mayor
Its
Attest
Kelly Wetmore City Clerk/
Director of Administrative Services
Approved as to Form
Timothy J Carmel City Attorney
OFFICIAL CERTIFICATION
' I, KELLY WETMORE, City Clerk of the City of Arroyo Grande County of San Luis
Obispo, State of California, do hereby certify under penalty of pequry that the attached
Resolution No 4065 is a true, full and correct copy of said Resolution passed and
ado~ted at a regular meeting of the City Council of the City of Arroyo Grande on the
22" day of January 2008
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 23rd day of
January 2008
~ KELLY WE M E, CITY CLERK