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purposes. The policy also recognizes that the City may approve a gift -in -kind donation subject to the approval of the City Manager. The policy also assumes that all donations to the Bernal Park, Phase II will be made directly to the City of Pleasanton and this assures that they will qualify for a tax - deduction, as appropriate. Staff also explored the potential for establishing a non for profit foundation that could be used for this project, but decided against that vehicle in favor of an effort coordinated collectively by the sports groups. However, in the future, the City may again explore the benefits of a foundation that could function as private fundraising entity working closely with the City. Again, as stated earlier, even though donations will be made to the City, staff will not actively engage in the fundraising effort and any interested donor will be directed to the sports groups for the actual making of a donation. The MOU represents a cooperative effort between City and the sports groups to work cooperatively to develop a multi -use sports facility that will significantly enhance the availability of sports fields. As such, staff is recommending its approval. Status of Bernal Phase II Design During the past two weeks, staff and the project architect have finalized review of the 100% drawings and the completed plans and specifications will be delivered to the City on December 19 and staff will issue the request for bids on December 22. Bids are scheduled to be opened in early February and the awarding of the construction contract is scheduled for the City Council's February 17, meeting. Overall, the design process has been satisfactory and staff is confident that the park will meet community expectations. As can be expected with a project of this scale (over 50 acres), staff remains concerned regarding the project budget and to address this concern, the base construction bid will not include play equipment in the sports park or amenities, such as overlooks, interpretive panels in the Oak Woodland. The Oak Woodland base bid will however, include all trees, drainage and required infrastructure which staff believes is critical since it will take many years for these trees to create the environment envisioned in the Park Specific Plan. In addition, due to concern with the ongoing drought, landscaping (except for a small turf area for player warm -ups) in the spots park is not included in the base bid. (Note, the Oak Woodland is not irrigated and the trees will be watered manually with recycled water.) All alternatives will be evaluated when staff is analyzing the bids and these will be presented to the City Council at the time of contract awarding. Finally, as the City Council may recall, one critical element of this project is the importation of approximately 115,000 cubic yards of fill soil and staff has been working with a vendor to receive the required fill. However, to date, the soil available has not Page 5 of 6