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HomeMy WebLinkAboutItem 6f. Acceptance of Jack House Art Restoration Donation Item 6f Department: Parks and Recreation Cost Center: 7008 For Agenda of: 6/15/2021 Placement: Consent Estimated Time: N/A FROM: Greg Avakian, Parks & Recreation Director Prepared By: Dave Setterlund, Recreation Supervisor SUBJECT: ACCEPTANCE OF JACK HOUSE ART RESTORATION DONATION RECOMMENDATION Authorize the Mayor to execute a donation agreement with the Jack House Family Trust, accepting a donation valued at $7,450 for its payment for contract Art Restoration and Installation work at the Historic Jack House. DISCUSSION Background The Jack House and Gardens, a community gem, is in the heart of downtown San Luis Obispo at 536 Marsh Street and was deeded to the City in 1975. The Jack House Committee (JHC) was established in 1975 as a condition of the grant deed of the forme r Jack Family residence to the City. The JHC is comprised of a seven-member committee that serves to assist the City Council and Parks and Recreation Department in the administration and restoration of the historic Jack Residence. The JHC makes recommendations for general rules and regulations that allow for the greatest possible public use and enjoyment of the house and grounds, while protecting and preserving the history and integrity of this historical and recreational facility. In deeding this facility to the City, the Jack Family descendants articulated their desires to keep, preserve, and use the property and the residence in a manner which maintained, enhanced, and celebrated its place in the historical development of the City of San Luis Obispo. The grant deed (Attachment B) specifies that the residence shall be maintained in its original character, a Victorian vintage residence. General maintenance and any restoration improvements are to be in keeping with the age and period when the original residence was constructed. For the past 46 years, the residence and public gardens have been home to a variety of tours, special events, and weddings. During non-pandemic times, this historic location is visited and enjoyed by thousands of community members annually. Page 103 of 422 Item 6f Need for Art Restoration Recently, City staff was approached by the Jack House Committee with the proposition of an art restoration project within the interior of the historic residence. The current works of art (Attachment C – Works of Art) are aging and some are in poor condition. Further deterioration of the artwork could result in permanent damage if not addressed in the immediate future. Proposed Donation The Jack House Committee, in collaboration with the Jack Family Trust executor, and Parks and Recreation Department staff, have worked to identify a local Conservator , Patina Conservation Studios, who could provide the necessary paper conservation and archival materials work. The estimated cost of Patina Conservation Studios’ conservation and archival materials restoration work is approximately $7450. The Jack Family Trust proposes to donate funds for the installation and restoration of the identified works of art at the City of San Luis Obispo Historic Jack House. In communication with the Jack House Committee, staff has drafted and included a proposed donation agreement to memorialize the terms of this donation (Attachment A). Previous Council or Advisory Body Action At the May 12, 2021 Jack House Committee meeting, the board recommended council approve the execution of in-kind donation, not to exceed $7500. (Attachment E – Draft Minutes). Policy Context Parks and Recreation and Public Works Department staff have reviewed the proposed art restoration donation for consistency with the City’s approved donation policy (Attachment D – Donation Policy). Per the City’s Donation Policy, all donations exceeding $5000 in value must be accepted through a written agreement and approved by City Council. The proposed donation is consistent with the grant deed restrictions and the Parks and Recreation Department goals and objectives and will enhance the historical experience of San Luis Obispo residents and visitors. The proposed donation is valued at over $5000 in materials and donated labor. Staff notes that per the City’s Financial Management Manual, the bidding process is not required for either the paper conservation or archival materials restoration work as the value of those contracts are not to exceed $7,500. Public Engagement At the May 12, 2021 Jack House Committee discussed the donation and provided an opportunity for public comment. Page 104 of 422 Item 6f CONCURRENCE The Public Works Department concurs with this recommendation. ENVIRONMENTAL REVIEW The California Environmental Quality Act does not apply to the recommended action in this report, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15378. FISCAL IMPACT The donation is valued at $7450. All project expenditures will be supported by private funds raised by the Jack Family Trust. There is no General Fund fiscal impact associated with Council’s acceptance of this Art Restoration donation. Budgeted: No Budget Year: 2020-21 Funding Identified: Yes Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund $0 $0 $0 $0 State $0 $0 $0 $0 Federal $0 $0 $0 $0 Fees $0 $0 $0 $0 Other: $0 $0 $0 $0 Total $0 $0 $0 $0 ALTERNATIVES Decline the donation. Declining the Jack House Committee art restoration donation is not recommended as the art restoration and installation donation is consistent with the Jack House grant deed for restoration improvements and are in keeping with the age and period of the original residence. And finally, declining this donation is not recommended as there is no General Fund impact associated with this acceptance. ATTACHMENTS A – Jack House Donation Agreement B – Jack House Grant Deed C – Jack House Works of Art D – Jack House Donation Policy E – Jack House Committee Draft Minutes Page 105 of 422 Page 106 of 422 DONATION ACCEPTANCE AGREEMENT THIS AGREEMENT, made on this _______ day of _______, 2021, by and between the City of San Luis Obispo, a municipal corporation (hereinafter called the Owner) and the Jack Family Trust (hereinafter called the Donor). This written Agreement, including all writings specifically incorporated herein by reference shall constitute the complete WITNESSETH: WHEREAS, the City desires to restore the condition of the art collection at the Jack House, specifically paper and painting conservation as well as archival material work to avoid further deterioration (the “Restoration Project”); and WHEREAS, Donor desires to provide a community wide improvement to benefit the condition of the art collection at the Jack House; and WHEREAS, Donor will provide all monetary funds necessary to complete the Restoration Project, which is presently estimated at $7450; and WHEREAS, acceptance of this donation is consistent with the City policy regarding donation as set forth in Resolution No. 8965 (1999 Series). NOW THEREFORE, in consideration of their mutual promises, obligations and covenants herein, the parties herby agree as follows: 1. TERM. The term of this agreement shall be from the date this agreement is mad e and entered into until completion of the Restoration Project by the City. 2. CITY’S OBLIGATIONS. The City shall perform as follows: a. Execute contract with Patina Conservation Studios to perform the paper and archival materials restoration work. b. Coordinate and provide oversight to the Restoration Project to ensure that it conforms to City standards and specifications. 3. DONOR’S OBLIGATIONS. The Donor shall perform as follows: a. Provide and furnish all funds to complete all the Restoration Project. Donor acknowledges that the estimated cost to complete the Restoration Project is currently $7450, and further agrees that should the cost of the Restoration Project exceed this amount, Donor shall furnish additional funds to cover the project. 4. ADMENDMENTS. Any amendment, modification, or variation from the terms of this agreement shall be in writing and shall be effective only upon approval by the City Manager. 5. AUTHORITY TO EXECUTE. Both City and Donor do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands this year and date first above written. CITY OF SAN LUIS OBISPO, A Municipal Corporation _________________________________ Heidi Harmon, Mayor Page 107 of 422 APPROVED AS TO FORM: DONOR: _________________________________ Christine Dietrick, Katchy Andrews, City Attorney Jack Fund Trust Representative Page 108 of 422 GP.AT.IT DEBD FOI{ VAIJUABLE CONSIDERATIO}I, receipt, of .rvhich is hereby acknor.rleclged, and. subject to the covenants, conditions, restric- tions and. reservations set forth, VIRGINIA J- T-rNAitr,. also.knorvn : as VIiIGI\rfA ,fACK T1-I\AI.I, PHYLLIS SIi'iTOi$, also knorvn as PlryLLfS JACK SII{TON, yrAllGAREf E- f<anfZdf,, also knol.tr as MARGARET KJ\E'IaEL, GERTRUDE K. KAETZEL, also knor,vn as i<ATIILEEN KAE"ZEL and GEiITifUDE KATHLEEN KAETZEL, KATHI,EEII G. VON STEIN, formerly KATiILEEN G- NORJ\JAND, JUDTTH MEYER, foTmeTly JUDITH T<AETZEL, ANd I'.IELBA RE?ICKER, Grantors, do hereby grant to the CITY OF SAI'{ LUIS OBISPO, A I'1UNI- CIPAL CORPORATfON, the following described real property in the City of San Luis Obispo, County of San Luis Obispo, State of California: Comnrencing at a point on the southerly line of . Higuera Street South 53o 7' I{est, One Hundred and eighty-three feet, six inches (183'6/l-2 feet) from the Southrvest corner of Higuera and !{ipoma Streets and running thence south 53o 7' West on the south line of Higuera street trvo hundred at:d twenty-five (2251 feet, thence south 36o 53' east to the line of tSarsh street; thence Northeasterly along the line of I'larsh Street, tlvo hundred and truenty-five (225) feet; thence'Pt right angles northwesterly to Higuera Street 'ind the point of beginning and being all that portion of Block 62 of the City of San Luis Obispo, occupied as a residence of R. E. Jack and wife, and extending from Higuera street to l"iarsh ,atreet according to trn'o deeds: One made by H- IvI. Warden to I'Te11ie Ilollister Jack, dated August 9, 1875; and the other made by ?homas Higuera and others on February 11, 1876 to R. Edgar Jack, and both of record in the Recorder's Office of San Luis Obispo County, State of California Excepting therefrom that portion thereof conveyed to Mdnuel F- Lima, et ux, by deed dated september 29, Lg22, and recorded October 2, L922 in Book L57, Page 4I0 of Deeds . ALso excepting therefrom that portion thereof con- veyed by deed dated Lrovember !4, L9L7 and recorded Xo?ember ?2, L9L7, in Book 118, Page 449 of Deeds to Nicholas F- Schlicht Page 109 of 422 J Together rvith aII furnituie, fixtures, equipmen.b, docu- ments, books arr,l other personal proSlerty situated in or on sai<l real property By the acceptance of this deed, said City of San Luis O)>ispo, hereinafter referred to as "gity.", agr€es: r 1. To keep, preserve and use said real property and the residence situated thereon in a manner rvhich maintains, enhances and. celebrates its place in the historical development of San Luis Obispo 2- To refer to the house and grounds as "The Jack Residence" as a memorial to Robert Edgar Jack and Ne1lie Hollister'Jack, pioneers and, builders, ds weII as devoted citizens , of San Luis Obispo City and CouniY. 3. To maintain the original character of the house as an example of a Victorian vintage residence. General rnaintenance and any restoration improvements shall be in keeping. with the age and period rvhen the original residence was constructed. 4. To care for and preserve existing trees and shrubbery, and to return the gardens as much as .possi-ble to the apPearance of the gardens as itlustrated in photograpl:s circa I910-1920 provided by the Grantors: 5. To keep the residence and .contents thereof adequately insured against loss by f,ire and other insurable hazards - 6. To permit, subject to reasonbble rules and regulations, the City and County of San Luis Obispo, visitors and enter and inspect the residence and' gard'ens and' any i exhibits which from time to'time may be presented- 7. To appoint a committee o.f seven (7) members rvhose responsibitity shall be to advise the City Council in the <" x residents tourists displays of to and, o) 2-Page 110 of 422 adnrinistratiol of The Jack Residence for the greatest possible * public use and errjoyment.'-Said committee shall recommend basic ii - -, rules and regulations for tl:e use of the residence and grounds :j \,/j - rvhich nray include, but are not limited to, permitted uses, conditions of use, hours and f6es , if any- The .conrmittee 'shall serve rvithout pay and consist of city residents including: (a) One mernber fron the San Luis Otrispo County llistorical Society. (b) One member fron the faculty of the School of Archi- tecture.ancl Environmental Design, California Polygsshni. State University, preferably an architectural historian. (c) .One member from the Ornamental iiorticulture faculty of the California Polytechnic State University. (d) One member fronr the Parks and Recreation Commission, (e) lfvo members seLected, at large. (f) For a period of trventy (20) years from tl:e date \_ hereof, the seventh member of the cornmittee shall be an heir of Robert Edgar Jack and Nellie Hollister Jack; the city residency requirement may be rvaived for this mqmber. Thereaft"€r., this meml>er may be selected at large Committee appointments, tenure and rules of conduct shall be the same as for other ad,visory bodies to the city Council , p.9., the Planning Coinmission- 8. To accept items of personal property for the permanent collectiol of furnishings and. artifacts, only upon majority approval of the Committee. Likervise, to dispose, destroy and give away no itenr of furnishings or artifacts without majority apprbval of the Committee and then only with the approval of the City Council- \- 9. Should, at 'any time, the residence be destroyed' by 3- Page 111 of 422 I fire or other act of God, to continue to maintaiti the real property for park purposes, such park to be known as "The ,Jack Park". 10- ITot to sell or give away.either the who1e, or any part of the real propertY In the event of a violation of any'of the covenants and conditions herein contained, or failure to comply therewith, said City, and any successor thereof, shall forfeit aII title to said real and personal property and, in the event of any such for- feiture, title to said, real and personal property shall revert -to the descendants by law of intestacy of Robert Edgar Jack and NeIIie Hollister Jack. ShouId there be no then known descendants of said Robert Edgar Jack and Nellie Hollister Jack, said property shall vest in the County of San Luis Obispo for the uses irerein contained; provided, however, that if the County should not accept said property or should fail to use it for the Purposes set forth herein. title to said. property sirall then vest in St. Stephen's Episcopal Church of San Luis Obispo. In consideration of the foregoitrg, the grantee herein agrees to pay all county, city and speci.al taxes or assessments. which are nol.f a lien upon the real property and personal property herein described, or r.rhich hereafter.'become a lien upon said real and personal proPertY Dated this ,/'O'€ aay of /h r. A ,L97 5 'e!rfr,'!fu,\i Keithleen Kaetzdl t-s1na J- I fifrl'-f&'+t; Kathleen - Von Stein /' I"leyerIviar t/ lr7 a r') lislSinton ,,!'1"!''/ / / ,:,! --:-4.:-:!- \ ' Kaetzelret Page 112 of 422 Page 113 of 422 Page 114 of 422 Page 115 of 422 Page 116 of 422 Page 117 of 422 Page 118 of 422 Page 119 of 422 Page 120 of 422 Page 121 of 422 Page 122 of 422 Page 123 of 422 Page 124 of 422 Page 125 of 422 Page 126 of 422 Page 127 of 422 Page 128 of 422 Page 129 of 422 Page 130 of 422 Section 760 DONATION POLICY 745-1 Attachment 3 Page 131 of 422 Donation Policy 745-2 Donation Policy 745-2 Attachment 3 Page 132 of 422 1 Regular Meeting – Zoom Wednesday, May 12, 2021 CALL TO ORDER: A Regular Meeting of the Jack House Committee was called to order on Wednesday, March 10, 2021 at 5:36 p.m. via Zoom software, by Chair Chuck Crotser. ROLL CALL: Committee Members: Dorothy Sundbye, Julie Moore, Sharon Whitney, and Chair: Chuck Crotser, Vice Chair Kati Settle ARRIVED LATE: ABSENT: Dorothy Sundby, Julie Moore STAFF: Dave Setterlund, Recreation Supervisor CONSIDERATION OF MINUTES AND FINANCIAL REPORTS 1. Review Minutes of the Jack House Committee Meeting of January 13, 2021 and Financial Reports and Expenditures (SETTERLUND) MOTION BY COMMITTEE MEMBER SETTLE, SECOND BY COMMITTEE MEMBER WHITNEY, AND CARRIED 3:0:0 to approve the Financial Reports and Expenditures for March 2021. YES: ALL NOTES: NONE ABSTAIN: NONE ABSENT: NONE PRESENTATION AND DISCUSSION 2. History Center – Storage (SETTERLUND/SCOGGINS) Staff Member Setterlund: The Conservator recommended that the History Center store the pints only in a 24 x 24 folder within the flat mat files. The City would continue to house and display the original paintings. Scoggins: Will check with History Center Director to see if the Center can accommodate Jack House needs. Jack House Committee DRAFT - MINUTES Page 133 of 422 2 PUBLIC COMMENT Committee Comment: 3. Art Restoration – Donation (Setterlund) MOTION TO APPROVE DONATION FOR ART RESTORATION BY COMMITTEE MEMBER SETTLE, AND SECOND BY COMMITTEE MEMBER WHITNEY. YES: ALL NOTES: NONE ABSTAIN: NONE ABSENT: NONE Staff Setterlund: Communicated four step process to except the donation. 1. City has received the estimate for the work 2. I have created the Council Agenda Report – The report is in the process of being routed to Council 3. Council approves the donation as a consent item (potentially June 15) 4. Donation Agreement – once the donation is accepted by council, I will work with Katchy to have her sign the donation agreement. Public Comment: Community member Andrews: The Jack fund is Committee Comment: Vice Chair Settle: stressed the importance of the capital improvement project for the Jack House roof repair. Jack House Sign Replacement (CROTSER) Committee Comment: Chair Crotser: is still waiting on a bid COMMENT AND DISCUSSION 6. Agenda Forecast & Staff Updates a. Master Plan Update – planning Commission May 26, City Council July 6. b. Community Services - Sports Clinics, Softball and Hybrid Events c. Youth Services – spark, Summer Camp, fall Registration is open d. Rangers – Miossi, Planning Phase for Righetti Open Space, Fuel Reduction e. Staff preparing for red tier programing - Committee Comment: Page 134 of 422 3 Member Whitney: Required clarification about marketing fund. Vice Chair Settle: Reported all is well with family Chair Crotser: Reported all is well family Docent Kincaid: Wanted clarification about the rotary painting project ADJOURNMENT The next Regular Meeting of the Jack House Committee is scheduled for Wednesday, July 14, 2021, at 5:30 p.m., in the Parks and Recreation Conference Room, 1341 Nipomo Street, San Luis Obispo, California. The City of San Luis Obispo wishes to make all public meetings accessible to the public. Upon request, this agenda will be made available in appropriate alternative formats to persons with disabilities. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the Parks and Recreation Department at (805) 781-7300 at least 48 hours before the meeting, if possible. Telecommunications Device for the Deaf (805) 781- 7107. Meeting audio recordings can be found at the following web address: http://opengov.slocity.org/WebLink/1/fol/68232/Row1.aspx Page 135 of 422 Page 136 of 422