TITLE
Recommendation to authorize City Manager, or designee, to execute all documents necessary to accept a non-monetary donation of planning, labor, materials, and equipment, valued at approximately $100,000, from the Long Beach Community Foundation, a California nonprofit corporation, for the installation of a “Sound Garden” at Houghton Park; and execute a Right-of-Entry Permit, and any related documents, with Long Beach Community Foundation, and/or its agents, to make the improvements. (District 9)
DISCUSSION
Houghton Park, located at 6301 Myrtle Avenue, has approximately 1,400 square feet of undeveloped area directly north of the community center (Attachment A). The Long Beach Community Foundation (LBCF), a California nonprofit corporation, has identified this location as a possible site for a proposed Sound Garden installation. The Sound Garden is sound-based interactive public art that will function as a play area where children can experiment with sound and rhythm and climb and explore various features. A seating area for caregivers will also be provided (Attachment B).
LBCF is an umbrella charitable organization that improves Long Beach through charitable fund management and philanthropic services. If approved, LBCF, or its contractors, would design and install the Sound Garden. In addition, LBCF would pay for all costs associated with City of Long Beach (City) required permits; provide insurance as required by the City’s Risk Manager; and meet all City-required design standards, including compliance with the Americans with Disabilities Act.
On November 16, 2017, the Parks and Recreation Commission supported the proposed improvements to Houghton Park, and recommended that the City Council accept the donation of planning, labor, materials, and equipment related to the various improvements, and approve a two-year Right-of-Entry Permit for LBCF, and/or its agents, to complete the proposed Sound Garden.
The proposed Right-of-Entry Permit contains the following major provisions:
• Term: Two years, January 15, 2018 through January 14, 2020.
• Permitted Area: Approximately 1,400 square feet of undeveloped area within Houghton Park, directly north of the community center, and any other areas necessary for the construction or mobilization that do not interfere with current programs or activities, as determined by the Director, or designee, of the Department of Parks, Recreation and Marine (PRM).
• Improvements: Design and installation of a Sound Garden and a public seating area.
• Funding: All necessary funding to build and install the Sound Garden and accompanying seating shall be the responsibility of LBCF.
• Maintenance: Upon completion of the Sound Garden, PRM shall assume all ongoing maintenance costs.
• Other Fees, Permits, and Approvals: LBCF shall be responsible to acquire all necessary building permits and approvals, and pay any and all fees. Final plans and specifications must be approved, in writing, by PRM, prior to any construction by LBCF, or its agents.
• Insurance: LBCF, and/or its agents, shall provide proof of insurance coverage as defined and accepted to sufficiency by the City’s Risk Manager.
This matter was reviewed by Deputy City Attorney Linda T. Vu on December 18, 2017 and by Budget Management Officer Rhutu Amin Gharib on December 19, 2017.
TIMING CONSIDERATIONS
City Council action is requested on January 9, 2018, to enable the execution of the Right-of-Entry Permit, and any related documents, to allow LBCF to begin and complete the installation of the Sound Garden in accordance with their timeline.
FISCAL IMPACT
Long Beach Community Foundation will provide all funding for the planning, labor, materials, and equipment necessary to build and install the Sound Garden. Ongoing maintenance costs will be absorbed in the operational budget in the General Fund (GF) in the Parks, Recreation and Marine Department (PR). The recommended action will result in a short-term positive impact on jobs. It is expected that several temporary construction jobs will be created to complete the project.
SUGGESTED ACTION
Approve recommendation.
Respectfully Submitted,
MARIE KNIGHT
DIRECTOR OF PARKS, RECREATION AND MARINE
APPROVED:
PATRICK H. WEST
CITY MANAGER