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HomeMy WebLinkAbout2000-02-22 City CouncilTO: FROM: DATE: SUBJECT: City of Palo Alto City Manager’s Report HONORABLE CITY COUNCIL 19 CITY MANAGER DEPARTMENT:ADMINISTRATIVE SERVICES FEBRUARY 22, 2000 CMR:111:00 STEWARDSHIP AGREEMENT BETWEEN THE CITY OF PALO ALTO AND THE ELIZABETH F. GAMBLE GARDEN CENTER FOR THE KELLOGG PARKETTE REPORT IN BRIEF The purpose of this report is to obtain Council’s approval of the attached stewardship agreement between the City of Palo Alto (City) and the Elizabeth F. Gamble Garden Center (Steward) to provide for the care and management of the Kellogg Parkette. CMR:111:00 Page 1 of 3 RECOMMENDATION Staff recommends that Council authorize the Mayor to execute the attached stewardship agreement between the City of Palo Alto and the Elizabeth F. Gamble Garden Center for the care and management of the Kellogg Parkette. BACKGROUND The Kellogg Parkette was created when the intersection of Kellogg Avenue and Embarcadero Road was eliminated. (See Attachment A) The parkette provides a visual respite for the neighbors and the passing motorist but has very low actual public usage. In 1989, an attempt was made to increase the benefits of the parkette by adding the "Foreign Friends" wooden sculpture, but the sculpture was vandalized several times and was finally removed in 1995. The Elizabeth F. Gamble Garden Center, in a letter dated July 22, 1996, formally expressed its desire to explore the concept of a cooperative venture between the City and the Center for the creation of a garden in.the Kellogg Parkette. The theme and design would be similar to the Gamble Gardens. In the letter, the Center stated that its Board of Directors was unanimously committed to designing, installing and maintaining the garden. The cooperative venture was temporarily put on hold to give the Directors time to work on a concept that would preserve a stately eucalyptus tree on the edge of the parkette. In a letter dated January 28, 2000 the Center again expressed their interest in proceeding with the cooperative yenture. (See Attachment B) DISCUSSION Staff felt that there were a number of reasons why the Center’s proposal would benefit theCity. Not only would the garden become an education resource and an additional amenity to the already highly successfully Gamble Garden facility, but it would also allow the City Parks staff to spend more time at other City facilities. Staff envisions the Center’s proposal as similar to the stewardship proposal for the Arastradero Preserve wherein volunteers, under the supervision of a nonprofit organization, would provide the labor to maintain the parkette. Under the proposal, the Center would be responsible for design, installation and maintenance of the parkette (including tree maintenance). The Center has requested the agreement begin on July 1, 2000 in order to coincide with both the Center and the City’s fiscal years. The City would still be responsible for the water and electricity to the site. Any improvements will require the City’s written consent and the Center would be responsible for obtaining any and all permits and/or licenses. The Center, in accordance with the agreement, proposes to install a sign identifying Gamble Gardens and the property as Kellogg Park. The sign will require ARB approval and a park improvement ordinance. CMR:I 11:00 Page 2 of 3 This agreement can be terminated by either party with 30 days notice. Otherwise, the agreement would remain in existence until the Gamble Garden lease is terminated or expires on the adjacent site. RESOURCE IMPACT The proposed stewardship agreement will eliminate the City expense of providing gardeningservices at the parkette, estimated at $2,500 per year. POLICY IMPLICATIONS This agreement is consistent with past Council action for the Faber Laumeister tract, and the Arastradero Preserve and the management exchange with the Midpeninsula Regional Open Space District. ENVIRONMENTAL REVIEW The stewardship agreement is considered a continuation of the same use of an existing facility and thereby qualifies as a Class I existing facility exemption under Section 15301 of CEQA. ATTACHMENTS Attachment A: Location Map Attachment B: 12/23/99 Letter from Gamble Garden Center Attachment C: Stewardship Agreement PREPARED BY: William Fellman, Manager, Real Property DEPARTMENT HEAD APPROVAL: C~YEATS ~ ~Ad~nistrative Services CITY MANAGER APPROVAL: ~ Ci~ger CC:Patricia Parrish Davis, President, The Elizabeth F.Gamble Garden Center Paul Dias CMR:I 11:00 Page 3 of 3 ATTACHMENT A BOWLING GREEN ELIZABETH F. GAMBLE GARDEN CENTER KELLOGG PARKETTE wA VERL Y Boundary of I’ond !APPROVED; KELLOGG PARKETTE CITY OF PALO ALTO, The Elizabeth F. Gamble Garden Center A Community Horticultural Foundation Board of Directors Patricia Parrish Davis President Jean Swanson President.Elect Kathryn M. Ladra Vice President Sandy Withers Vice President Virginia Wade Secretary Michael J. Irvin Treasurer January28,2000 Mary Burt Blume Barbara Christiani Mary Linda Cook Sharleen Fiddaman Shirley A. Finfrock Dottie Free Pat Gregory Suzanne Guscott Ann B. Kalar Bob Nordman Lesley Peters Howard J. Sewell Marilyn Sutorius Patricia St. John Jeanne B. Ware Advisory Board Past Presidents Leonard W. Ely Fred S. Eyedy Madeline J. Stein Linda C. Norton Mary C. McCullough Jane D. Stocklin Marcia R. Rehmus, Chair Community Advisors Paul B. Althouse Lee E Benton Richards E. Bushnell Betsy Clebsch Kristine Erving William A. Grant Larry Hassett Carol Moholt Lou Seibert Pappas Kevin Raftery Julie Rose A. Craig Steinman Katsy Swan Lucy Tolmach Michael Young ATTACHMENT B Mr. Bill Feldman City Real Estate Director Palo Alto City Hall 450. Hamilmn_Avetlue Palo Alto, CA 94301 Our good intentions and hope.s for a satisfacto~.conclusion, to the stewardship agreement between The City of Palo Alto and The Elizabeth F. Gamble Garden Center are outlined for y9ur review. The Elizabeth F. Gamble Garden Center is a restored early twentieth century Palo Alto estate. As a community. . horticultural .foundation, we are dedicated to preserving the property as a horticultural center offering Opportunities for education and participation to all within the tranquil seaing of an urban garden. With our mission statement in mind, we would_like to see the Kellogg Parkette become an extension of the garden. We are eager to proceed with the integration of the parkette into the program and services offered on site. Gamble Garden Center will be creating a design that, when implemented, would transform the parkette into a garden congruous with what already exists at Gamble Garden. This design would include pathways fo~ easy_access and maneuverability, the construction of low fencing mirroring that which exists at_Gamble, garden beds that would be p!anted with appropriate p.la_nt .material for the city, and signage consistent with that existing at The Elizabeth F. Gamble Garden Center. This design would not include any building or structure other then fencing, but would involve the removal of the chain link fence that separates the pieces of land as well as the ivy that grows on and at the base of the fence. All phases of the project would adhere to the City of Palo. Altos codes and reviews. The relationship, that exists between the City..ofPalo Alto and The Elizabeth F. Gamble Garden Center is one that benefits both parties and the community at large. This would be an extension and enhancement of that relationship. .amcta_Pattisk Da.vis. P. resident__Date l/P-~/O0 Date Date 1431 Waverley Street ¯ Palo Alto - California 94301-3640 ¯ 650-329-1356 Fax 650-329-1688 admin@gamblegarden.org , www.gamblegarden.org ATTACHMENT C STEWARDSHIP AGREEMENT BETWEEN THE CITY OF PALO ALTO AND THE ELIZABETH F. GAMBLE GARDEN CENTER FOR KELLOGG PARK This Agreement is made on the Day of 2000 by and between City of Palo Alto, a municipal corporation, hereinafter called "CITY" and the Elizabeth F. Gamble Garden Center, a non-profit corporation, hereinafter called "STEWARD". RECITALS o CITY owns certain real property, commonly known as the Kellogg Parkette (.245 acres) ("Parkette") located at the northeast comer of Embarcadero Road and Waverley Street. The Parkette is a dedicated City park. The Parkette is located adjacent to certain real propert~j owned by City and leased to Steward for the purpose of operating a public garden center, commonly known as the Gamble Gardens (the "Lease"). STEWARD desires to create and maintain in the Parkette a garden with meandering paths for the benefit of the CITY and the public. CITY and STEWARD desire that the Parkette be developed and maintained by STEWARD as described in accordance with the terms and consideration set forth below. NOW, THEREFORE, in consideration of the premises as set forth above, the parties hereto mutually agree as follows: PROPERTY DESCRIPTION: Subject to the terms and conditions set forth in this Agreement, the parties agree that STEWARD shall develop and operate the Parkette. A map of the Kellogg Park is attached as "Exhibit A" and by this reference made a part of this Agreement. II.STEWARDSHIP RESPONSIBILITY: A. Development. STEWARD shall present to City’s Director of Parks and Golf Course Division for the Director’s approval of two plans: one to~iset forth its proposed design and layout of the Parkette and one with proposed signage identifying the property as Kellogg Park. Approvals. STEWARD understands it may be required to obtain design review or other land use approvals from CITY prior to development of the Parkette, and agrees that it will be responsible for complying with such requirements and S AA SDW,.EAL\GAMBLE3 .WPD -1- III. IV. Co obtaining such approvals prior to commencing any work on the Parkette. Installation and Maintenance. Other than as excepted by Sections III of this Agreement, STEWARD shall be solely responsible for installation of any improvements and for maintenance of the Parkette, including tree maintenance, during the term of this Agreement. CITY RESPONSIBILITIES: CITY shall continue to provide and pay for the reasonable water and electricity charges for the Parkette. TERM: This Agreement shall become effective as of July 1, 2000 and shall continue until the lease on the adjacent Gamble Garden Center site terminates or expires, unless terminated by either party, with or without cause, upon 30 days prior written notice. NO PROPERTY RIGHTS: The parties agree that this Agreement confers no property rights upon STEWARD. STRUCTURES: No signs, structures, improvements, or facilities shall be constructed, erected, altered, or made upon the CITY property without the prior written consent of CITY. STEWARD shall obtain any and all permits and/or licenses which may be required in connection with the use of, or any approved STEWARD construction upon, the property. VII. INSURANCE: Minimum Limits and Forms of Coverage. STEWARD shall be responsible to ensure that the following insurance coverage acceptable to CITY is maintained in full force and effect throughout the term of this Agreement. STEWARD shall maintain the following policy or policies of insurance with the following limits and coverages. COMPREHENSIVE General Liability including products & completed operations, broad form contractual, and personal injury WORKER’S COMPENSATION Bodily Injury Property Damage Minimum Limits of Liability $1,000,000 $1,000,000 $1,000,000 each person ~each occurrence aggregate Statutory S:Lt~SDkREAL\GAMBLE3.WPD -2- Required Clauses. Insurance shall be in full force and effect before the term of this Agreement may commence. Every insurance policy required by this Agreement shall contain the following clauses: "This insurance shall not be canceled, limited in scope of coverage or nonrenewed until after thirty (30), days written notice has been given to: City of Palo Alto/Director, Parks and Golf Course Division, PO Box 10250, Palo Alto, Cal. 94303". "All rights of Subrogation are hereby waived against the CITY OF PALO ALTO and the members of the City Council and elective or appointive officers or employees, when acting within the scope of their employment or appointment." "The CITY OF PALO ALTO is added as an additional insured as respects operations of the named insured at or from the Parkette." "It is agreed that any insurance maintained by the CITY OF PALO ALTO will apply in excess of, and not contribute to, insurance provided by this policy." VIII. EVIDENCE OF INSURANCE COVERAGE AND/OR CHANGES Certificate of Insurance. STEWARD agrees to deposit with CITY’s Director of Parks and Golf Division, before the effective date of this Agreement, certificates of insurance necessary to satisfy CITY that the insurance provisions of this Agreement have been complied with, and to ensure that such insurance is kept in effect, with the certificates on deposit with CITY, during the entire term of this Agreement. Should STEWARD not provide evidence of such required coverage at least three (3) days prior to the expiration of any existing insurance coverage, CITY may purchase such insurance, on behalf of and at the sole expense of STEWARD, to provide six-months coverage. Review of Coverage. CITY shall retain the right, at any time, to review the coverage, form, and amount of the insurance required hereby. If, in the opinion of the Risk Manager, the insurance provisions in this Agreement do not provide adequate protection for CITY and for members of the public using the Parkette, CITY’s Director of Parks and Golf Division may require an amount to provide adequate protection as. determined by the Risk Manger. CITY’s requirements shall be reasonable and shall be designed to assure protection from and against the S:LASDXREAL\GAMBLE3.WPD -3- IX. kind and extent of risk which exists at the time a change in insurance is required¯ Changes in Coverage. CITY’s Director of Parks and Golf Division shall notify. STEWARD in writing of changes in the insurance requirements; if STEWARD does not deposit copies of acceptable insurance policies with CITY incorporating such changes within sixty (60) days of receipt of such notice, or in the event STEWARD fails to ensure that the required insurance coverage is maintained in effect, this Agreement shall be in default without further notice to STEWARD. Such failure shall constitute a material breach and shall be grounds for immediate termination of this Agreement at the option of CITY. No Limit of Liability. The procuring of such required policy or policies of insurance shall not be construed to limit STEWARD’s liability hereunder nor to fulfill the indemnification provision and requirements of this Agreement. Notwithstanding said policy or policies of insurance, STEWARD shall be obligated for the full and total amount of any d .arnage, injury, or loss caused by or connected with this Agreement, with the STEWARD’s use of the Parkette. Eo Acceptability of Insurers. Insurance shall be placed with insurers with a current A.M. Best’s rating of no less than A:VIII. INDEMNITY STEWARD’s Duty to Indemnify CITY. STEWARD hereby waives all claims, liability and recourse against CITY, including the right of contribution for loss or damage of or to persons or property arising from, growing out of, or in any way connected with or related to this Agreement¯ STEWARD hereby agrees to protect, indemnify, hold harmless and defend CITY, its officers, agents, and employees, against any and all claims, loss, liability, demands, damages, cost, expenses or attorneys’ fees arising out of STEWARD’s negligent, operation or maintenance of this Parkette or STEWARD’s negligent performance or nonperformance of the terms of this Agreement. In the event CITY is named as co-defendant, STEWARD shall notify CITY of such fact and shall represent CITY in such legal action unless CITY undertakes to represent itself as co- defendant in such legal action, in which event STEWARD shall pay to CITY its litigation costs, expenses and attorneys’ fees. HAZARDOUS SUBSTANCES: Ao Definition. As used herein, the term "Hazardous Materials" means any substance or material which has been determined by any state, federal or local governmental authority to be capable of poising or a risk of injury to health, safety, and property, including petroleum and petroleum products and all of those materials S AASD~REAL\GAMBLE3.WPD -4- and substances designated as hazardous or toxic by the U.S. Environmental Protection Agency, the California Water Quality Control Board, the U.S. Department of Labor, the California Department of Industrial Relations, the California Department of Health Services, the Califomia Health and Welfare Agency in connection with the Safe Water and ToxicEnforcement Act of 1986, the U.S. Department of Transportation, the U.S. Department of Agriculture, the U.S. Consumer Product Safety Commission, the U.S. Department of Health and Human Services, the U.S. Food and Drug Administration or any other governmental agency now or hereafter authorized to regulate materials and substances in the environment. Without limiting the generality of the foregoing, the term "Hazardous Materials" shall include all of those materials and substances defined as ’toxic materials" in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 20, as the same may be amended from time to time. Bo STEWARD’s Use of the Property. During the.term of this Agreement, STEWARD shall abide and be bound by all of the following requirements: STEWARD shall comply with all laws now or hereafter in effect relating to the use of Hazardous Materials on, under or about the CITY property, and STEWARD shall not contaminate the CITY property, or its subsurfaces, with any. Hazardous Materials. ii. iii. STEWARD shall restrict its use of Hazardous Materials on the CITY property to those kinds of materials that are normally used in maintaining the CITY property. Disposal of any Hazardous Materials on the CITY property is strictly prohibited. Storage of such permissible Hazardous Materials is allowed only in accordance with all applicable laws now or hereafter in effect. All safety and monitoring features of any Storage facilities shall be approved by CITY’s Fire Chief in accordance with all laws. STEWARD shall be solely and fully responsible for the reporting of all Hazardous Materials releases to the appropriate public agencies, when such releases are caused by or result from STEWARD’s activities on the CITY property. STEWARD shall immediately inform CITY of any release of Hazardous Materials, whether or not the release is in quantities that would otherwise be reportable to a public agency. iv.STEWARD shall be solely and fully responsible and liable for such releases on the CITY’s property, or into CITY’s sewage or storm drainage systems. STEWARD shall take all necessary precautions to prevent any of its Hazardous Materials from entering into any storm or sewage drain S:L~SDW, EAL\GAMBLE3.WPD -5- Vo vi. vii. system or from being released on the CITY’s property. STEWARD shall remove releases of its Hazardous Materials in accordance with all laws. In addition to all other rights and remedies of CITY hereunder, if the release of Hazardous Materials caused by STEWARD is not removed by STEWARD, CITY may pay to have the same removed and STEWARD shall reimburse CITY for such costs within five (5) days of CITY’s demand for payment. STEWARD shall protect, defend, indemnify and hold harmless CITY from and against all loss, damage, or liability (including all foreseeable and unforeseeable consequential damages) and expenses (including, without limitation, the cost of any cleanup and remediation of Hazardous Materials) which CITY may sustain as a result of the presence or cleanup of Hazardous Materials on the property, arising out of or resulting from STEWARD’s management of the CITY’s property. STEWARD’s obligation under this clause shall survive the expiration or earlier termination of this Agreement. This indemnity obligation is in addition to the indemnity requirements in Section IX. ASSIGNING, SUBLETTING AND ENCUMBERING PROHIBITED: CITY has relied on the specific background and capabilities of STEWARD in awarding this Agreement. Therefore, any mortgage, pledge, hypothecation, encumbrance, transfer, lease, or assignment (collectively referred to as encumbrance) of STEWARD’s interest in the CITY’s property, or any part or portion thereof, is prohibited. Any attempted encumbrance shall be null and void and shall confer no right, title or interest in or to this Agreement. NOTICES: Unless otherwise required by the terms of this Agreement, whenever notice is required by this Agreement, it shall be mailed, first class, postage prepaid, to the following: To CITY:To STEWARD: City Clerk City of Palo Alto P.O. Box 10250 Palo Alto, Calif. 94303 President The Elizabeth F. Gamble Garden Ctr. 1431 Waverley Street Palo Alto, Calif. 94301-3640 with a copy to: S AASDklLEAL\GAMBLE3 .WPD -6- Director of Parks and Golf.Division City of Palo Alto P.O. Box 10250 ¯Palo Alto, Calif. 94303 . XIIL ATTACHMENT TO AGREEMENT: This Agreement includes the following exhibit, which is attached hereto and by this reference is incorporated into this Agreement: Exhibit A - Drawing of Kellogg Parkette IN WITNESS WHEREOF, the parties have executed this Agreement the year first above written. ¯CITY OF PALO ALTO, a municipal corporation: ELIZABETH F. GAMBLE GARDEN CENTER, a non-profit corporation: By Mayor President ATTEST: By City Clerk S:~ASDkREAL\GAMBLE3.WPD -7- EXHIBIT A / COWPER ST. BOWLING GREEN ELIZABETH Fo GAMBLE GARDEN CENTER KELLOGG PARKETTE ST. Boundary of lond de diooted for pork APPROVED: KELLOGG PARKETTE CITY oF PALO ALTO, BCALE; I’’~= I00 FIELD ROOK DRAWING NO.