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HomeMy WebLinkAboutAGENDA REPORT 2024 0403 CCSA REG ITEM 09CCITY OF MOORPARK, CALIFORNIA City Council Meeting of April 3, 2024 ACTION APPROVED STAFF RECOMMENDATIONS. BY A. Hurtado. C. Consider Donation of a Rainbow Bridge from the Moorpark Morning Rotary Club at College View Park; and Making a Determination of Exemption Under the California Environmental Quality Act in Connection Therewith. Staff Recommendation: Accept donation from the Morning Rotary Club for a Rainbow Bridge and Associated Improvements at College View Park as described in the staff report and make a determination of exemption pursuant to the California Environmental Quality Act. (Staff: Jeremy Laurentowski, Parks & Recreation Director) Item: 9.C. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Jeremy Laurentowski, Parks & Recreation Director DATE: 04/03/2024 Regular Meeting SUBJECT: Consider Donation of a Rainbow Bridge from the Moorpark Morning Rotary Club at College View Park; and Making a Determination of Exemption Under the California Environmental Quality Act in Connection Therewith BACKGROUND In 2023, staff was contacted by members of the Moorpark Morning Rotary Club (Rotary Club) to inquire about the possibility of installing a Rainbow Bridge at College View Park. At the time, the Rotary Club was interested in applying for a grant to fund the project. In April 2023, staff was notified by the Rotary Club that the grant was approved. The grant was offered through Rotary District 5240 and was specific to a Beautification Project at a local park. The total project budget is $8,000, and the total grant received was $1,000, with the remainder of the funding coming from local businesses and member donations, as well as match funding from the Rotary Club. On February 5, 2024, staff prepared an agenda report for the Parks and Recreation Commission to consider the project. The Commission ultimately moved to make a recommendation to the City Council to approve the project. DISCUSSION A Rainbow Bridge takes its inspiration from a poem that was written by an unknown author. There is quite a bit of uncertainty regarding the origin of the poem, and to the actual text of the poem itself, as many versions of the poem are readily available through various pet-based websites and social media outlets. However, the poem in general has become popular and describes a place where animals go when they die, ‘to the Rainbow Bridge.’ The poem describes a place of lush meadows and green hills where pets that were ill are restored and run and play together. Ultimately, the deceased pet meets its owner at the bridge, and they cross together, never to be separated again. Pets can be an important part of an individual’s life and the loss of a pet can be very emotional for Item: 9.C. 37 Honorable City Council 04/03/2024 Regular Meeting Page 2 some individuals. A Rainbow Bridge provides a place to celebrate, remember and to grieve for pets that have passed. The Rainbow Bridge proposed by the Rotary Club will be located across from the entrance to the Dog Park at College View Park. The bridge will be constructed of steel, with laser cut or water jet images of animals and letters. The bridge panels will be powder coated to minimize rusting and the images will represent a wide range of animal shapes, such as dogs, cats, birds, and even a hamster, lizard, and snake. Additionally, the bridge will include the words ‘no longer by my side but forever in my heart’ and will be installed with a rainbow-colored back drop. The Rainbow Bridge will span a cobble riverbed with a concrete walkway connecting the bridge to the existing walkways in the park. Additionally, a plaque will be installed adjacent to the bridge to memorialize the donation from the Rotary Club and project sponsors, as well as the collaboration and support by the City. Members of the community are encouraged to paint rocks in memory of animals that have past and add them to the cobblestone riverbed, which is also included in the Rotary’s proposal (Attachment 2). If approved, the Rainbow Bridge will become a permanent amenity at College View Park and will become City property after installation has been completed and accepted by the City. The City will maintain the bridge and/or remove the bridge should it come into disrepair. For this reason, staff has worked with the Rotary Club to ensure the bridge components are commercial grade quality and that the life expectancy of the bridge will span many years, with minimal, if any, associated maintenance costs. Additionally, the bridge will be compliant with the Americans with Disabilities Act (ADA). In order to construct the Rainbow Bridge, and associated improvements, a Right of Entry and Consent to Construct Agreement will be required between the City and the Rotary Club. The Agreement will allow the Rotary Club to perform construction activities in the park and outlines the details of the Rotary Club’s obligations relative to compliance with Prevailing Wage Rates and the City’s Construction and Demolition Ordinance, in addition to working hours, storm water runoff, noise restrictions, indemnity and insurance, and other project specific details. ENVIRONMENTAL DETERMINATION The California Environmental Quality Act (Section 21000, et seq. of the California Public Resources Code, hereafter CEQA) requires analysis of agency approvals of discretionary “projects.” A “project,” under CEQA, is defined as “the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.” The proposed Project is a project under CEQA. The Community Development Director has reviewed the Project to determine the required level of review under CEQA. The proposed Project is exempt from CEQA under State CEQA Guidelines Section 15301 (Existing Facilities). This exemption applies to projects involving the operation, repair, maintenance, permitting, leasing, licensing, or minor 38 Honorable City Council 04/03/2024 Regular Meeting Page 3 alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. This is a minor improvement to College View Park with negligible expansion of use. FISCAL IMPACT All costs associated with this project will be paid for by the Rotary Club. COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive. STAFF RECOMMENDATION Accept donation from the Morning Rotary Club for a Rainbow Bridge and Associated Improvements at College View Park as described in the staff report and make a determination of exemption pursuant to the California Environmental Quality Act. Attachment 1: Rainbow Bridge Location Attachment 2: Rainbow Bridge Concept and Plaque Attachment 3: Right of Entry and Consent to Construct Agreement Attachment 4: Notice of Final Acceptance 39 ATTACHMENT 1 40 ATTACHMENT 2 41 42 RIGHT OF ENTRY AND CONSENT TO CONSTRUCT AGREEMENT BETWEEN ROTARY CLUB OF MOORPARK MORNING AND CITY OF MOORPARK This Right of Entry and Consent to Construct Agreement (this “Agreement”) is dated as of ________, 2024, by and between CITY OF MOORPARK, a California municipal corporation (“City”), and ROTARY CLUB OF MOORPARK MORNING, a California Non- Profit Corporation (“Rotary”). City and Rotary are sometimes individually referred to herein as a “Party” or collectively as the “Parties.” RECITALS WHEREAS, City owns certain real property in the City of Moorpark, Ventura County, State of California, located at the corner of Collins Drive and Campus Park Drive (“College View Park”). WHEREAS, Rotary desires to construct a “Rainbow Bridge,” concrete sidewalks and riverbed at College View Park (“Project”). WHEREAS, Rotary intends to pay for all costs of the Project and donate the Project to the City upon completion and acceptance by the City. WHEREAS, City desires to grant Rotary and its agents, volunteers, contractors, and subcontractors (“Rotary Construction Parties”) the right to enter College View Park to construct the Project together with related improvements (collectively, the “Work”). NOW, THEREFORE, in consideration of the foregoing and mutual representations, warranties, covenants, and agreements herein contained, and such other consideration, the receipt of which is hereby acknowledged by the Parties, the Parties agree as follows: 1.Term and Commencement Date. The commencement date of this Agreement shall be the date that both Parties have executed this Agreement. Unless sooner terminated as provided herein, this Agreement shall automatically expire and be of no further force and effect on the date that the City of Moorpark issues a Notice of Completion and Final Acceptance letter. 2.Grant of Right to Enter College View Park; Consent to Construct. City hereby grants to the Rotary Construction Parties, the temporary right to enter College View Park in order to construct the Project. Rotary agrees that it is accepting this right to enter the Property in its current condition, “AS-IS”, “WHERE-IS”, without any warranty or representation by City whatsoever, express or implied, and subject to any and all licenses, leases, grants, exceptions, encumbrances, title defects, matters of record, reservations and conditions, known and unknown. 3.Performance of the Work. Rotary shall cause the Work to be performed substantially in accordance with plans and specifications approved in writing by City’s Parks and Recreation Director or designee. The completed Project shall be in ATTACHMENT 3 43 2 substantial compliance with the image set forth in Exhibit “A” attached hereto. Any and all Work performed by the Rotary Construction Parties shall be performed in a good and workmanlike manner and in compliance with a City-issued permit, and all applicable laws, rules, regulations and ordinances, including the Americans with Disabilities Act, and shall be inspected and accepted subject to the satisfaction of the City Manager, or his/her designee. Any portion of the Work found to not be incompliance with the approved plans and specifications shall be promptly corrected by Rotary at its sole expense. Rotary warrants that all of the Work shall be free from defects for one (1) year following acceptance by the City. Rotary agrees that all Work shall be performed at its sole cost and expense as follows: a.Installation of a “Rainbow Bridge” (Bridge). Bridge sides shall be constructed from plate steel with laser cut or water jet images of animals and letters, and installed with a powder coat finish. The Bridge sides shall be properly secured at the specified locations so as to remain upright. b.Installation of concrete walkways, including a concrete walkway between the two sides of the bridge, in compliance with approved plans. c.Installation of a cobble swale that will run perpendicular to the bridge. 4.Rotary agrees to: a.Comply with all applicable storm water and urban runoff permits, regulations, codes, and laws. b.Take precautions to mitigate blowing of dust and dirt and shall comply with governing regulations and Ventura County Air Pollution Control District regulations pertaining to environmental protection. c.Comply with the City’s noise ordinance and limit noise to a reasonable level as related to specific items of equipment used and their hours of use. This does not preclude use of mechanical equipment such as jack hammers and heavy equipment. d.Prior to commencing work Rotary shall submit a schedule for approval by the City’s representative indicating proposed methods and sequence of operations for the Work. e.Working hours are between 8:00 a.m. and 4:30 p.m. Monday through Friday, unless otherwise approved in writing by City representative. No work shall be performed on weekends or City Holidays. f.Rotary shall be responsible for the security of the site. 1)Rotary shall be responsible for all damages to persons or property that occur as a result of its performance of the Work and related activities and shall be responsible for the protection of the Project site until final 44 3 acceptance of the Project by the City. Protection of the Project site shall consist of temporary fencing. 2) Rotary shall take all necessary precautions for the safety of workers on the Project and shall comply with all applicable federal, state, local and other safety laws, standards, orders, rules including OSHA rules, regulations, and construction codes to prevent accidents or injury to persons on, about, or adjacent to the Project site and to provide a safe and healthful place of employment. 3)Prior to starting work, Rotary shall verify and ensure that all work areas are completely secured to ensure separation of Rotary Construction Parties’ operations from the public. Rotary is responsible for providing, installing, and maintaining barricades, enclosures, fences, and other protective equipment in accordance with applicable federal, state, and local codes and their respective requirements. 4) Rotary shall ensure that areas to remain unaltered adjacent to areas of work are properly secured and protected. g.Daily during construction, and upon completion of the Work, Rotary shall leave the site and surrounding areas clean and free of any debris, trash, construction waste, and/or other foreign materials. During the Work, construction equipment and/or materials to be used in the Work are allowed to remain at the Project Site, at Rotary’s sole risk of damage, theft, and/or vandalism, and provided any such equipment and /or materials are protected from unauthorized access to City’s satisfaction. h.It shall be the responsibility of the Rotary to locate all existing utilities prior to commencement of the Work, and protect them from damage during the Work. i.Rotary shall repair at its own expense, any damage to utility systems, surface pavements, fixtures, structures, or vegetation, whether inside or outside of the Project limits, that are not specifically approved by the City to be modified or removed. All damaged items shall be repaired to their original condition, as acceptable to the City. j.Improvements made using any paid labor, hired services, or independent contractors (collectively “Contractor”) are subject to the requirements set forth in Exhibit “B” “California Labor Code Compliance.” following conditions. Rotary is responsible for ensuring Contractor complies with said conditions. 1)Contractor must hold a valid Class A, General Engineering, or Class B, General Building with allowable provisions defined by the Contractors State License Board, or Class C13 Fencing and C19 Masonry, State of California Contractor's License, and have carried a valid Class A or B, or Class C13 and Class C19 license continuously for the last five years. 45 4 2)Contractor shall obtain a City Business Registration prior to commencing work. 3)The City has adopted a Construction and Demolition (C&D) Ordinance which requires all Contractors on City projects, regardless of cost, to prepare a Construction and Demolition Materials Management Plan (available at www.moorparkca.gov/CDplan) and divert a minimum of 65% of material generated during the Project from disposal in a landfill (through reuse or recycling). Contractors have two options to meet this requirement. Contractors may use the City’s franchised hauler (Waste Management), who can provide temporary bins and will dispose of waste at a City authorized facility. Alternatively, Contractors may self-haul waste to a City authorized certified C&D processing facility. Self-haul of waste must be done in proper hauling vehicles and bins owned by Contractor and those vehicles must be driven by Contractor’s employees. Because this is a prevailing wage project, the self-haul vehicle drivers must be paid prevailing wage rates for driving C&D materials to the authorized facility. 5.Insurance. Upon commencement of the Work and at all times herein, Rotary shall possess the types and amounts of insurance listed in Exhibit “C” attached hereto. 6.Termination. Rotary may terminate this Agreement with or without cause at any time prior to the expiration date by giving no less than seven (7) calendar days advance written notice thereof to the City. This Agreement may be terminated with or without cause by City by giving no less than seven (7) calendar days written notice of termination. Upon termination by Rotary for any reason, or termination by City for cause, Rotary shall, at its sole cost and expense, remove all improvements and other evidence of the Work, and shall restore the Project site to substantial the same condition as existed prior to commencement of the Work. 7.Indemnification/Liability. To the fullest extent permitted by law, Rotary, shall indemnify, defend with counsel acceptable to City, and hold harmless City, its officers, officials, employees, volunteers, and agents (collectively, with City, the "City Parties") from and against all liability, loss, cost, claim, stop notices, liens, demand, action, suit, legal or administrative proceeding, penalty, deficiency, fine, damage and/or expense, including without limitation, reasonable attorney's fees and costs of litigation, (collectively "Liabilities) to the extent resulting from or arising in connection with the Work or entry into or upon College View Park by any of the Rotary Construction Parties contemplated by this Agreement, including, but not limited to, injury to or death of a person or for loss of or damage to any property, including any action or omission of, or actions permitted by the Rotary and its agents or employees; except to the extent that such Liabilities are caused by the gross negligence or willful 46 5 misconduct of City or any City Parties. Rotary is responsible and shall be liable for, and this indemnification obligation shall apply to, any and all Liabilities resulting from the acts, omissions or willful misconduct of any of the Rotary Construction Parties. Rotary’s obligations under this Section shall survive termination of this Agreement. 8.General Conditions. a.This Agreement, including the Exhibits hereto, each of which is incorporated herein by reference, constitutes the entire agreement of the parties concerning the subject matter hereof and all prior agreements or understanding, oral or written, are hereby merged herein. This Agreement shall not be amended in any way, except by a writing expressly purporting to be such an amendment, signed and acknowledged by both of the parties hereto. b.Neither party shall assign this Agreement, or any of the rights, duties or obligations hereunder. c.All written notices required by, or related to this Agreement shall be personally delivered, or sent by certified mail, return receipt requested, postage prepaid and addressed as listed below. Neither party to this Agreement shall refuse to accept such mail; the parties to this Agreement shall promptly inform the other party of any change of address. All notices required by this Agreement are effective on the day of receipt, unless otherwise indicated herein. The mailing address of each party to this Agreement is as follows: TO: City of Moorpark TO: Rotary Club of Moorpark Morning 799 Moorpark Ave. 144 Los Angeles Ave, Suite 212 Moorpark, CA 93021 Moorpark, CA 93021 Attn: City Manager Attn: President d.Should interpretation of this Agreement or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. e.No waiver of any provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless executed in writing by the party making the waiver. f.Cases involving a dispute between parties may be decided by an arbitrator, if both sides agree in writing, with costs proportional to the judgment of the arbitrator. g.The laws of the State of California shall govern the interpretation of this Agreement, without regard for change of venue rules. This Agreement is made, entered into, and executed in Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, 47 6 conditions or covenants, referred to herein, shall be filed in State or federal court having jurisdiction in Ventura County, California. h.The captions and headings of the various Articles, Paragraphs, and Exhibits of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof. i.Rotary shall not discriminate against any person because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status; or any other basis protected by applicable federal, state, or local law. j.The person(s) executing this Agreement on behalf of Rotary warrants and represents that he/she has the authority to execute this Agreement on behalf of Rotary and has the authority to bind Rotary to the performance of obligations hereunder. 48 7 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written: CITY OF MOORPARK ROTARY CLUB OF MOORPARK MORNING BY _________________________ BY ________________________ Troy Brown, City Manager , President 49 8 EXHIBIT “A” COMPLETED PROJECT IMAGE 50 9 EXHIBIT “B” CALIFORNIA LABOR CODE COMPLIANCE 1.Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency (“City”), and agrees to be bound by all the provisions thereof as though set forth in full herein. 2.This is a public work and requires the payment of prevailing wages for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor pursuant to Section 1771 of the Labor Code. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of worker needed to execute this contract from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk or may be obtained at http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, not more than $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of this Agreement. 3.In accordance with Labor Code Sections 1725.5 and 1771.1, and except for projects involving construction, alteration, demolition, installation, or repair work of $25,000 or less, or maintenance work of $15,000 or less, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any public work contract unless currently registered and qualified to perform public work pursuant to Section 1725.5 [with limited exceptions for bid purposes, only, pursuant to Labor Code Section 1771.1(a)]. 4.Pursuant to Labor Code Section 1776, Contractor shall maintain and make available an accurate record showing the name of each worker and hours worked each day and each week by each worker employed by Contractor performing services covered by this Agreement. Contractor and its subcontractors shall furnish electronic certified payroll records to the Labor Commissioner in accordance with Labor Code Section 1771.4. The Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The Contractor is responsible for compliance with Section 1776 by itself and all of its 51 10 subcontractors. The Contractor shall post job site notices, as prescribed by regulation. 5.Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations Title 8, Section 200, et seq. concerning the employment of apprentices on public works projects. The Contractor shall be responsible for compliance with these Sections for all apprenticeable occupations. Before commencing Work on this Project, the Contractor shall provide the City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) Days after concluding Work, Contractor and each of its Subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Contract. 6.Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the Contractor or by any subcon- tractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. 7.California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, by signing the Agreement to which this Exhibit is attached, Contractor hereby certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” 52 11 Exhibit ”C” INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of Work, Rotary will maintain insurance in conformance with the requirements set forth below. Rotary will use existing coverage to comply with these requirements. If that existing coverage does not meet requirements set forth here, Rotary agrees to amend, supplement or endorse the existing coverage to do so. Rotary acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to the City in excess of the limits and coverage required in this Agreement and which is applicable to a given loss, will be available to the City. Rotary shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office (ISO) “Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. Automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Rotary arising out of or in connection with services to be performed under this Agreement, including coverage for any owned, hired, non-owned, or rented vehicles. Limits are subject to review, but in no event to be less than One Million Dollars ($1,000,000) per accident. Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than One Million Dollars ($1,000,000) per accident or disease. A Workers Compensation Insurance Certificate shall be filed with City before beginning work. The City Parties will be named as Additional Insureds on the CGL and auto liability policies. All required policies and workers compensation shall waive the right of subrogation against the City Parties. Rotary waives all rights of subrogation against the City Parties. 53 CITY OF MOORPARK CHRIS R. ENEGREN Mayor RENEE DELGADO Councilmember DANIEL GROFF Councilmember TOM MEANS Councilmember DR. ANTONIO CASTRO Councilmember 799 Moorpark Avenue, Moorpark, California 93021 Main City Phone Number (805) 517-6200 | Fax (805) 532-2205 | moorpark@moorparkca.gov (Date) (name) Rotary Club of Moorpark Morning 207 Los Angeles Ave, Suite 212 Moorpark, CA 93021 RE: Notice of Final Acceptance of Rainbow Bridge at College View Park Dear (name), This letter serves as notice of completion and final acceptance by the City of Moorpark of the Rainbow Bridge and associated improvements, located at College View Park. The Rainbow Bridge is a significant addition to the park and will contribute to the quality of life in our community for years to come. The City wishes to thank you and the members of the Rotary Club of Moorpark Morning, Rotary District 5240, and project sponsors for their generous donations, and all those involved in the development of the project. Sincerely, _____________________ Troy Brown, City Manager Cc: Jeremy Laurentowski, Parks and Recreation Director Jessica Sandifer, Deputy Parks and Recreation Director ATTACHMENT 4 54