HomeMy WebLinkAboutItem 6h Acceptance of a Monetary Gift to the Public Art Fund Item 6h
Department: Parks and Recreation
Cost Center: 5000510
For Agenda of: 9/2/2025
Placement: Consent
Estimated Time: N/A
FROM: Greg Avakian, Parks & Recreation Director
Prepared By: Meghan Tolley, Recreation Manager
SUBJECT: ACCEPTANCE OF A MONETARY GIFT TO THE PUBLIC ART FUND
RECOMMENDATION
Authorize the Mayor to execute a donation agreement with the Donna P. Duerk Family
Trust, in substantially the same form as that in Attachment A, accepting a donation valued
at $21,730.07 to be used to support the installation of an art piece within the City.
POLICY CONTEXT
The City adopted a Donation Acceptance Policy on September 7, 1999, as Resolution
No. 8965 (1999) Series. Per the City’s Donation Policy, all donations exceeding $5,000
in value must be accepted through a written agreement and approved by City Council.
DISCUSSION
In the winter of 2025, Parks and Recreation staff were contacted by Stephanie Mamis,
daughter and estate Trustee of former local architecture professor Donna P. Duerk.
Sadly, Ms. Duerk passed away in January of this year and generously identified part of
her estate to benefit “the fund or entity that the Trustee deems most likely to lead to the
installation of Public Art in the City of San Luis Obispo, California.” The City of San Luis
Obispo’s Public Art program was identified by Ms. Mamis as the organization to best fulfill
her mother’s wishes with the stipulation that the funds should be earmarked towards the
cost of an actual installation rather than to be used towards administrative fees in th e
public art program, and requested that the installation be permanent in a place the family
can visit and remember Ms. Duerk.
City staff have identified the soon to be built Righetti Community Park as the location for
the next permanent public art installation. The family is supportive of the funds being used
towards this identified project. While funds for this project have already been identified,
by accepting the donation, reserve funds will be able to be applied to another public art
installation, expanding the offerings of art within the City. Upon completion, City staff will
honor Ms. Duerk with a permanent plaque that will also identify the piece of art and the
artist.
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Item 6h
Previous Council or Advisory Body Action
In 1999, the City Council adopted Resolution 8965 adopting a City Donation Acceptance
Policy (Attachment C) for donations more than $5,000. This policy stipulates requirements
of the donations to ensure they are in the best interest of the City. The current donation
proposal meets the requirements and intent of this policy, as reflected and memorialized
in the draft Donation Acceptance Agreement (Attachment A.)
Public Engagement
Public comment can be provided to th e City Council through written correspondence
submitted prior to the meeting and through public testimony during the meeting.
CONCURRENCE
Parks and Recreation staff conferred with the City’s Finance Department and City
Attorney’s Office, who concur with the recommendation.
ENVIRONMENTAL REVIEW
The recommended action is not considered a “Project” under the California Environmental
Quality Act (CEQA) Guidelines Section 15378.
FISCAL IMPACT
Budgeted: No Budget Year: 2025-2026
Funding Identified: No
Fiscal Analysis:
The Public Art Installation Project (Project No. 2000510), which funds all public art
installations citywide, is supported by the Private Sector Fund and Local Revenue
Measure funds. As of the date of this report, the project has an avai lable balance of
$368,160.
Acceptance of this one-time donation from the Donna P. Duerk Trust, valued at
$21,730.07, would increase the available balance of Project No. 200510 from $368,160
to $389,890.07 to support the Righetti Community Park art installation. Although funds
have already been allocated for this installation, the donation will allow funds previously
earmarked for this project to be redirected to future public art projects, expanding the
City’s overall public art program.
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $ $ $ $
State
Federal
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Item 6h
Fees
Other:
Total $0 $0 $0 $0
ALTERNATIVES
Council could decide not to accept the donation. In accordance with the Donation
Acceptance Policy, the Council may decline the donation without comment or cause.
However, the recommended donation meets all objectives in the City’s donation policy
and the funds would be welcome in expanding the City’s public art collection.
ATTACHMENTS
A - Draft Donation Acceptance Agreement with Donna P. Duerk estate
B - Donation Letter from Donna P. Duerk estate
C - Donation Policy, Resolution No. 8965 (1999) Series
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DONATION ACCEPTANCE AGREEMENT
THIS AGREEMENT, made on this day of , 2025, by and between the City of San Luis
Obispo, a municipal corporation (hereinafter called the Owner) and the Donna P. Duerk Estate (hereinafter called the
Donor).
This written Agreement, including all writings specifically incorporated herein by reference shall constitute the complete
WITNESSETH:
WHEREAS, the City Council established and funded a public art program in 1990 (Resolution No. 6811
(1990 Series)); and
WHEREAS, Donor desires to provide a community wide improvement to benefit the public art program;
and
WHEREAS, Donor will donate $21,730.07 for the City to use towards a permanent public art installation;
and
WHEREAS, the City has already identified the next permanent piece of public art to be installed at the
Righetti Ranch Park; 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. CITY’S OBLIGATIONS. The City shall perform as follows:
a. Manage the installation of the public art piece at the Righetti Ranch Park in accordance with City
policy and procedure.
b. Install a plaque in honor of Donor in accordance with applicable City policies.
2. DONOR’S OBLIGATIONS. The Donor shall perform as follows:
a. Donate $21,730.07 to the City for the City to use towards installation of public art. Donor agrees
that no other restrictions will be placed on the donation.
b. Donor acknowledges and agrees that selection, installation, maintenance, and removal of the
public art piece will be done in accordance with City policy generally applicable to permanent
public art pieces and at the sole discretion of the City.
c. Donor acknowledges and agrees that the piece of public art is and will at all times remain property
of the City unless and until disposed of by the City.
d. Donor acknowledges and agrees that, other than the plaque in honor of Donor, Donor will not
receive any concessions, entitlements, benefits, or other consideration from the City in exchange
for the donation.
3. 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.
4. 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.
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CITY OF SAN LUIS OBISPO,
A Municipal Corporation
Erica A. Stewart, Mayor
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APPROVED AS TO FORM: DONOR:
Christine Dietrick, Stephanie Mamis, Trustee for the
City Attorney Donna P. Duerk estate
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July 23, 2025
Mayor and City Council
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
RE: Bequest to Public Art Fund for San Luis Obispo
Honorable City Council Members,
I am writing to you in honor of my mother, Donna P. Duerk, a long-time resident of San Luis Obispo who
passed away peacefully in January 2025. Through her trust, she directed a specific gift of $21,730.07 to support
public art in the City of San Luis Obispo, with the specific instruction that it go “to the fund or entity that the
Trustee deems most likely to lead to the installation of Public Art in the City of San Luis Obispo, California.”
While the trust does not specify that the installation must be permanent, I personally interpret “installation” to
suggest a lasting work, something that will remain in the public sphere for years to come. On a personal note, I
would love to be able to visit a piece that reflects my mother’s legacy — something rooted in this community
she loved so deeply and contributed to so fully.
My mother was truly a force of nature. She carved her own path in architecture and education, choosing a
career in a male-dominated field and overcoming considerable cultural resistance along the way.
Donna was passionate about education, the environment, art in public places, and sustainable living. Her down-
town home is a lush jungle of fruit trees and succulents. She was an architechture professor, a Master Gardener,
a scuba diver, a costume creator, a devoted cat lover, and a proud grandmother.
She left behind a legacy of fierce independence, brilliant intellect, and a sense of fun and discovery that never
faded. She believed in public spaces that invite inspiration and in art that lives where people can encounter it in
their everyday lives. For that reason, I can think of no more fitting tribute than for her donation to contribute
to a permanent piece of public art in San Luis Obispo.
Thank you for considering this gift and helping to ensure that Donna’s deep love for this city and for public art
lives on in a meaningful and visible way.
Warm regards,
Stephanie Mamis
Trustee for the Estate of Donna P. Duerk
15 Orris Street 543 Dana Street
Auburndale, MA 02466 San Luis Obispo, CA 93401
617-429-6543
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Section 760
DONATION POLICY
745-1 Page 329 of 357
Donation Policy
745-2
Donation Policy
745-2
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