City of Culver City, California
Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council: 1) approve a license agreement with Cannon
Constructors South Inc. for the installation of lighting in the Culver City Dog Park
(Dog Park); 2) approve an amendment to the existing Memorandum of
Understanding (MOU) with the Friends of the Culver City Dog Park (FCCDP)
relating to the operation and maintenance costs of the lighting to be installed in the
Dog Park; 3) accept a $35,000 grant from FCCDP to be used for the monthly
electrical costs associated with the operation of the lighting; 4) approve a related
budget amendment (four-fifths vote requirement); and 5) adoption of a Resolution
modifying the hours of the Dog Park and rescinding Resolution No. 2004-R082.
BACKGROUND/DISCUSSION:
As part of the work plan for developing the Dog Park, the City and the FCCDP
negotiated and executed an MOU, which became effective on March 1, 2005,
Meeting Date: 08/13/12 Item Number: C-6
CITY COUNCIL AGENDA ITEM – FOUR-FIFTHS VOTE REQUIREMENT: 1)
Approval of a License Agreement with Cannon Constructors, South Inc. for the
Installation of Lighting in the Culver City Dog Park; 2) Approval of an
Amendment to the Existing Memorandum of Understanding with the Friends of
the Culver City Dog Park Relating to the Operation and Maintenance Costs of
the Lighting to be Installed in the Culver City Dog Park; 3) Acceptance of a
$35,000 Grant from the Friends of the Culver City Dog Park to be Used for the
Monthly Electrical Costs Associated with the Operation of the Lighting; 4)
Approval of a Related Budget Amendment (Four-Fifths Vote Requirement); and 5)
Adoption of a Resolution Modifying Culver City Dog Park Hours and Rescinding
Resolution No. 2004-R082.
Contact Person/Dept.: Charles D.
Herbertson, Public Works Director/City
Engineer; Daniel Hernandez/PRCS
Director
Phone Number: (310) 253-5635; (310)
253-6658
Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No []
Public Hearing: [] Action Item: [] Attachments: [X]
Public Notification: (Email) Agendas and Meetings – City Council (08/09/12) ; Friends
of the Culver City Dog Park (08/08/12)
Department Approval:
Charles D. Herbertson (08/07/12)
Daniel Hernandez (08/07/12)
City Attorney Approval:
Carol Schwab (by H. Baker) (08/07/12)
Chief Financial Officer Approval:
Jeff Muir (08/08/12)
City Manager Approval:
John M. Nachbar (08/09/12) City of Culver City, California
Agenda Item Report
regarding the cooperative relationship between the FCCDP and the City and each
party’s respective duties and responsibilities pertaining to the development,
operation and maintenance of the Dog Park. As stated in its bylaws, the FCCDP is
a 501(c)(3) non-profit organization with the sole mission of assisting the people of
Culver City and City of Culver City with sustaining the Dog Park. The organization is
committed to ensuring this vital community asset is well maintained and operated so
that the public and their dogs can experience a clean, safe and vibrant environment.
At the August 3, 2010 Parks, Recreation and Community Services Commission
meeting, the Commission unanimously took action to recommend that the City
Council authorize City staff to work with FCCDP to explore the possibility of
installing lighting at the Dog Park. The City Council, at its meeting of September 27,
2010 agreed with the Commission’s recommendation and directed staff to work with
FCCDP in this regard. Until now, sufficient funds have not been available to install
the lighting.
Recently, due to the generosity of the owner of the nearby building located at 9920
Jefferson (currently under construction and renovation) the installation of lighting at
the Dog Park has become possible.
License Agreement
FCCDP’s purpose, among other things, is to cooperate with the City in the operation
and maintenance of the Dog Park, which includes the donation or expenditure of
funds for additional enhancements and improvements to the Dog Park. In that
regard, FCCDP has arranged to have lighting installed in the Dog Park by Cannon
Constructors, the contractor currently working on the construction and renovation at
the nearby 9920 Jefferson project, at no cost (for the installation) to the City. Staff
recommends the City Council approve a license agreement to allow the contractor
to install the lighting, pursuant to the construction agreement between the contractor
and FCCDP. The license agreement grants access to the Dog Park for the purpose
of the lighting installation and, among other general provisions, requires the
contractor to indemnify the City and include it as an additional insured on all
required insurance policies.
Amendment to FCCDP MOU
FCCDP has offered a grant of $35,000 to the City to be used for the monthly
electrical costs to operate the lighting that will be installed at the Dog Park. It is
estimated that the electrical costs will be between $500 - $1,000 per year. Taking
into account current electrical rates and the likelihood of electrical rate increases,
the funds would likely cover the electrical costs for over 20 years It is proposed City of Culver City, California
Agenda Item Report
that the City would be responsible for maintenance and repair of the lighting, which
is estimated to be approximately $500 per year at today’s costs.
Staff recommends the City Council approve an amendment to the MOU (the
“Amended MOU”) setting forth the responsibilities of the FCCDP and the City with
regard to the operation and maintenance costs of the lighting as described above.
Nothing in the Amended MOU requires the City Council to continue to operate and
maintain the lighting in the Dog Park once the grant funds have been exhausted. As
with any City park, costs to maintain it may be considered during the annual budget
process.
Resolution Modifying Park Hours
Prior to the opening of the Dog Park, the City Council amended its resolution
establishing City park hours to include the hours of operation of the Dog Park
(Attachment 1). At that time it was determined that the hours that the Dog Park
would be closed would be from dusk until dawn, due to the lack of lighting. As a
result of the installation of lighting, staff recommends the City Council adopt the
proposed Resolution modifying the hours of the Dog Park to be consistent with the
hours of Culver City Park, which are from 5 a.m. – 10:30 p.m. (Attachment 2). The
new hours for the Dog Park would not take effect until the lighting is installed and
operational.
FISCAL ANALYSIS:
If the Amended MOU is approved, upon its execution FCCDP will grant to the City
$35,000 to be deposited into the City’s General Fund and identified by a separate
line item to be used solely for the monthly electrical costs associated with the
lighting. Under the proposed Amended MOU, the City would be responsible for
maintenance and repair of the lighting, which is estimated to be approximately $500
per year at today’s costs. The lighting is being installed at no cost to the City.
ATTACHMENTS:
1. Proposed Resolution.
MOTIONS:
That the City Council:
City of Culver City, California
Agenda Item Report
1. Approve a license agreement with Cannon Constructors South Inc. for the
installation of lighting in the Culver City Dog Park; and,
2. Approve an amendment to the existing MOU with FCCDP relating to the costs of
operation and maintenance of the lighting to be installed in the Dog Park; and,
3. Authorize the City Attorney to review/prepare the necessary documents; and,
4. Authorize the City Manager to execute such documents on behalf of the City;
and,
5. Approve acceptance of the $35,000 grant from FCCDP upon execution of the
Amended MOU; and,
6. Authorize the City Manager to appropriate the grant funds as needed for the
payment of the monthly electrical costs for the lighting installed in the Dog Park;
and,
7. Adopt a Resolution modifying the hours of the Dog Park and rescinding
Resolution No. 2004-082.
MEETING DATE: 08/13/12
AGENDA ITEM: 1) Approval of a License Agreement with Cannon
Constructors, South Inc. for the Installation of
Lighting in the Culver City Dog Park; 2) Approval of
an Amendment to the Existing Memorandum of
Understanding with the Friends of the Culver City Dog
Park Relating to the Operation and Maintenance Costs
of the Lighting to be Installed in the Culver City Dog
Park; 3) Acceptance of a $35,000 Grant from the Friends
of the Culver City Dog Park to be Used for the Monthly
Electrical Costs Associated with the Operation of the
Lighting; 4) Approval of a Related Budget Amendment
(Four-Fifths Vote Requirement); and 5) Approval of a
Resolution Modifying Culver City Dog Park Hours and
Rescinding Resolution No. 2004-R082.
ATTACHMENTS
Pages
1 Resolution No. 2004-R082
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2. Proposed Resolution
2-3 Park shaft be
resunded
2004 -
APP 1ED
FOR 4
2.0q4-M.18.2.
A VAB Attoi:nly
24.
)PliE ARMEN.1 Ietk
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OLITIVN: NO :204- igetzt2
A RESOLUTION OF THE -CITY COUNc4, OF 'THE CITY OF
QUI,VER ,C1TY C4I,JFORNIA,, ESIABLISKNG flOIURS.
DLIRINU PUBLIC:. PARKS • IN THE CITY • :SHALL : BE
CLOSED TO THE PIALiC. AND RESCINDING RESOLUTION
NO C'S.-.840-
WHEREA S
that the City -Counr.i.it by
and op6tated by the
Alver 041y Muntopal Cod ort 9 10 060 rovds
solutton, shall establish hours duniv which parks owned
hail be c=a
nd
WHEREAS .mth the de?.40.,ent of the off-leash dog _ park. , Cuir
Park d is fieoassary toestablish the pavk'S hours Of op:vat:on
OW -IEREFO E theCI councti ci th City of Culver
HEREBY RESOLVE ziS. fOi.ows.
SECTION
That :ail pbkc parks .within the Citl exQept Fox
Its Park nd the desgnaed off4eash :dog park ri Cu4erCty Park. shall be tiot'
to to pukc: beiween 10 30 p m and 5 00 a m
SECTION 2 .";A:: /I:Ws Park -$ho,
:m
SECTION 3 The •ff-le.as crIOg park n -Culver
dosed to publid ,frort1 dusk until :dawn
SECTION 2 R:5OkUOt I4 OS250
.APPROVED and .ADOPTED this '
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, ed. o the publto
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'STEVEN J 1403E. Mfy
Ay of Culver City• CaJtforma
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11 1 RESOLUTION NO. 2012-R
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CULVER CITY, CALIFORNIA, ESTABLISHING HOURS
DURING WHICH PUBLIC PARKS IN THE CITY SHALL BE
CLOSED TO THE PUBLIC AND RESCINDING RESOLUTION
NO. 2004-R082.
WHEREAS, Culver City Municipal Code Section 9.10.060 provides that the
City Council, by resolution, shall establish hours during which parks owned and operated
by the City shall be closed to the public; and
WHEREAS, the existing hours for the Culver City Dog Park (the "Dog Park")
provide that the Dog Park shall be closed to the public from dusk until dawn; and
WHEREAS, with the installation of lighting in the Dog Park, it is the desire of
the City Council to extend the hours of operation of the Dog Park to be consistent with the
Culver City Park, which surrounds the Dog Park.
NOW, THEREFORE, the City Council of the City of Culver City, DOES
HEREBY RESOLVE as follows:
SECTION 1. All public parks within the City, except for Fox Hills Park, shall
be closed to the public between 10:30 p.m. and 5 a.m.
SECTION 2. Fox Hills Park shall be closed to the public between 9:45 p.m.
and 5 a.m.
SECTION 3. The hours set forth in Section 1 of this Resolution shall become
effective for the CulverCity Dog Park once .1 I. park lighting is installed and operational.
Until such time, the Dog Park shall remain closed to the public from dusk until dawn. I
SECTION 4. Resolution No. CS-8250 is hereby rescinded.
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APPROVED AND ADOPTED this
day of 2012.
ATTEST:
MARTIN R. COLE, City Clerk
Al2-00644
ANDREW WEISSMAN , Mayor
City of Culver City, California
APPROVED AS TO FORM:
- CAROL A. SCHWAB, City Attorney
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