Loading...
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 t EXHIBIT A i w t~M ,.S k,e .y~,r +rv...,. , . ~e _ __s_. h ; f `~.`#.t. , - ~ P' 1 Y, w •S** A.w s ' ~r aki ~ ~~s.. r: i~-b ~ , ~ s , , 1 1: ~ k i ,i ~ it 4 ~ i ~ O F i ~ ~ ~~~s - ~ o 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