HomeMy WebLinkAbout07/17/2007, C7 - DONATION OF FENCING FOR JACK HOUSE AND GARDENS I
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CITY OF SAN LUIS O B I S P O
FROM: Betsy Kiser, Parks and Recreation Director
SUBJECT: DONATION OF FENCING FOR JACK HOUSE AND GARDENS
CAO RECOMMENDATION
1. Accept a donation from the Rotary Club of San Luis Obispo to restore the Jack House
garden fence; and
2. Authorize the Mayor to execute the donor agreement.
DISCUSSION
Background
For the past several years, the condition of the wooden fencing fronting the Jack House and its
Garden has been a concern to both City staff and the Jack House Committee. Dry rot and age
have left the fence unstable and in need of replacement. As a result of that concern, a capital
improvement project to replace both the fencing and the gazebo was identified in the 2007-09
Financial Plan for consideration in 2009-11.
Proposed Donation from Rotary Club of San Luis Obispo
Recently, the City received a letter of intent from the Rotary Club of San Luis Obispo to donate
up to $10,000 in construction materials and the labor necessary to install a new fence at the Jack
House (see Attachment 1). The Rotary Club selected the Jack House fence project as a way to
honor the wishes of the late Wes Conner, a devoted member of both the Rotary Club and the
Jack House Committee, and to honor the City's Sesquicentennial with support for historical
projects throughout the City. Over the years, the Rotary Club of San Luis Obispo has worked
with the City on a number of successful projects, including the Mitchell Park Bandstand, the
picnic pavilion at Laguna Lake Park, the Amphitheater at Mission Plaza, Throop Park, Eto Park,
and the Mission Plaza flagpoles.
Per the City's Donation Policy, all donations which exceed $5,000 in value must be accepted
through a written agreement and approved by the City Council. Staff has reviewed this proposal
and finds it to be consistent with the City Donation Acceptance Policy(see Attachment 2).
The Donor Agreement specifies the Rotary Club's obligations for the project, which include the
purchase of materials and the construction of the Jack House garden fence to City specifications.
The donor will be expected to follow City procedures including plan check, permitting,
inspection, and insurance and work closely with the CIP Inspection staff for scheduling and
oversight.
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Donation of Jack House Fence Page 2
CONCURRENCES
The project was presented to the Jack House Committee on April 11, 2007 by Jim Hoffman, a
member of the Rotary Club and a local contractor. The Committee accepted the design of the
fence, which will replicate the original fence, use salvageable pickets where possible, and use
Douglas Fir pressure treated posts rather than redwood posts to improve durability and decrease
cost. The Committee further approved an allocation of $2,500 from the Jack House fund to
support the project (see Attachment 3). Parks Maintenance and Recreation staff provided
conceptual approval of the project as long as it meets City specifications and construction does
not occur until after the wedding season ends in late fall. The Rotary Club plans to complete
project plans within the next 4-5 months and schedule the work between January and March of
2008.
FISCAL IMPACT
The cost of the project is estimated to be $12,500, of which $10,000 will be provided by the
Rotary Club of San Luis Obispo and $2,500 will be provided by the Jack House Fund. Labor to
install the fence will be provided by members of the Rotary Club with project oversight by CIP
Inspection staff
ALTERNATIVES
City Council could deny the donation. This is not recommended because the fence will remain in
a dilapidated condition until such time that City funds can be allocated to replace it. Because the
Jack House and Gardens serves as a popular wedding venue, generating nearly $15,000 in
revenue for the City each year, it is in the City's best interest to replace the fence as soon as
possible.
ATTACHMENTS
1. Letter of Intent from Rotary Club of San Luis Obispo
2. Donation Acceptance Policy
3. Jack House Committee Minutes—April 11, 2007
4. Donor Agreement
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"Service Above Self" ATMY'S
FOUR-WAY TEST
aIs it the truth?
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ROTARY CLUB OF SAN LUIS OBISPO IS it fair to all concerned?
10
- Will it build goodwill and better
friendships?
P.O.BOX 833 0
SAN LUIS OBISPO,CA 93406 Will it be beneficial to all?
June 7,2007
Betsy Kiser,Director
SLO Parks and Recreation
1341 Nipomo Street
San Luis Obispo,Ca 93401
Dear Betsy,
As you know,Wes Conner, a member of the RotaryClub of San Luis Obispo and a
member of the Jack House Committee,was desirous of having the Rotary Club fund the
Jack House Fence project. It has also been my intent as Rotary president to honor the
city of San Luis Obispo's Sesquicentennial with support for historical projects throughout
the city during this Rotary year.
The end of this Rotary year is June 30,2007,and we are distributing our final fimds for
the year. As we had hoped, we will have funds available for the Jack House Fence
restoration and the Rotary Board has approved$10,000 for the installation,materials and
labor in the amount of$10,000. This amount coupled with the Jack House Committee's
designation of$2500.00,will fulfill the estimate of$12,508.86 (per Jim Hoffman of
Hoffman Associates). -
I hope this letter will serve as a letter of intent,that the Rotary Club of San Luis Obispo
will donate the installation,labor and materials of the Jack House picket fence at such
time as is convenient for the two entities.
Sincerely,
Lynn Kelley,President
2006-2007
C 7—J
ATTACHMENT—
Section
TTACHMENT Section 760
DONATION POLICY
RESOLUTION NO. 8965(1999 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING A CITY DONATION ACCEPTANCE POLICY
WHEREAS, individuals, community groups, and businesses may wish to make
donations to the City in either cash or in-kind contributions that enhance projects, facilities, and
programs; and
WHEREAS, the need for projects, facilities, and programs exceeds the City's ability to
fund all such needed projects; and
WHEREAS, it is an acceptable and appropriate practice to accept donations, in order to
enhance City programs and/or facilities to provide a higher level of service to the public.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis
Obispo hereby adopts the following policy concerning the acceptance of donations:
1. The donation must have a purpose consistent with City goals and objectives
2. The City may decline any donation without continent or cause.
3. The donation will not be in conflict with any provision of the law.
4. The donation will be aesthetically acceptable to the City.
5. The donation will not add to the City's workload unless it provides a net benefit to the
City.
6. The donation will not bring hidden costs such as starting a program the City would be
unwilling to fiord when the donation was exhausted.
7. The donation places no restriction on the City,unless agreed to by the City Council.
8. The donation shall become property of the City.
9. All donations will receive recognition appropriate to the level and nature of the donation
as determined by the City. For those of a capital nature, that may be in the form of
signage, marking, or naming. Any naming of Parks and Recreation facilities shall be
consistent with City policy an the naming of such facilities as set forth in Resolution
8621 (1997 Series). Regardless of the recognition strategy selected, the intent shall be to
appropriately honor the donor for their contribution to the community. The appearance of
traditional commercial advertising shall be avoided.
10. Donations exceeding $5,000 shall be accepted through a written agreement consistent
with these guidelines and approved by the City Council. In-kind capital donations will be
subject to normal City review,permitting,inspection,and insurance requirements.
Upon motion of Council Member Marx seconded by Council Member Ewan, and on the
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ATTACHMENT—
Donation Policy
Resolution No. 8965 (1999 Series)
Page 2
following roll call vote:
AYES: Council Members Ewan,Marx,Schwartz, Vice Mayor Romero and Mayor
Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 7th day of September, 1999.
Mayor Allen Settle
ATTEST:
r
Lee Pnce,City Clerk
APPROVED AS TO FORM:
Je7r,jfdjejK CW Attorney
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A ACWENT—
Jack House Committee
MINUTES
Parks and Recreation Administrative Office
Wednesday, April 11, 2007 5:30 PM
CALL TO ORDER: Chair Ron Batterson called the meeting to order at 5.30 p.m.
ROLL CALL: Committee Members Gerry Johnson, Patrick Mayeda, Betty Stockton, Kathi Settle
and Bob Gordon
GUESTS: Toni Kincaid and Jim Hoffman
STAFF: Christine Wallace and Dave Smith
PUBLIC COMMENT PERIOD:
There was no public comment.
CONSIDERATION OF MINUTES AND FINANCIAL REPORT:
The minutes of March 2007 meeting were approved.
The Financial Report for March 2007 was approved.
ITEM#1: Election of Chair and Vice Chair
• Ron Batterson was elected to Chair and Gerry Johnson was elected to Vice Chair.
ITEM#2: Jack House Picket Fence
• Jim Hoffman, from the Monday Club Rotary, presented information on the construction
of the new Jack House fence.
• Hoffman reviewed proposal for the cost of the fence. Hoffman will need to get approval
from Rotary to cover the majority of costs.
• Hoffman proposed making minor changes to the original plans
• Use Douglas Fir pressure treated wood instead of Redwood posts. The change in
wood would be less expensive and the posts will last longer.
• Posts could be used to place in ground with concrete& gravel for drainage.
• Pickets will be salvaged when possible and new pickets will be identical to the
originals.
• Hoffman asked if there was a possibility of cost sharing through the Jack House
fund.
❖ A motion was made to accept design changes for Jack House picket fence. The
motion was passed unanimously.
❖ A motion was made to provide $2,500 to be allocated towards the Jack House
fence restoration project from the Jack House Fund. The motion was passed
unanimously.
• The plan changes will most likely be completed in 4-5 months and work will be
scheduled for January—March 2008.
• Jim Hoffman's contact information is jim@hoffmaninc.com.
• A no cost permit would be required for the project. Dave Smith will take care of the
details and will need two copies of the plans with approved modifications.
• Members of Rotary would like to place a commemorative plaque on or near the new
fence.
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A7iAC}lMENT
city of san tuts ompo
DONOR AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this day
of , by and between the CITY OF SAN LUIS OBISPO, a municipal
corporation, hereinafter referred to as "City", and the Rotary Club of San Luis Obispo, hereinafter referred to as
"Donor".
WITNESSETH:
WHEREAS, the donor desires to donate the construction materials and provide the labor to install a new
fence for the Jack House and Gardens,a donation valued at$10,000(hereinafter referred to as"Donation");and
WHEREAS, acceptance of the Donation is consistent with City Policy as set forth in Resolution No. 8965
(1999 Series).
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter
contained,the parties hereto agree as follows:
1. TERM. The term of this Agreement shall be from the date this Agreement is made and entered,as
first written above,until acceptance or completion of the Donation.
2. DONOR'S OBLIGATION: Donor shall perform as follows:
• Purchase of construction materials and provision of labor to complete the installation of a new
fence for the Jack House and Gardens, as set forth in Exhibit A attached hereto and
incorporated into this agreement;
• All facets of design, construction and installation of the fence shall conform to all City
policies, regulations and specifications, and may include but not be limited to review by the
Cultural Heritage Committee and Architectural Review Committee;and
• Donors shall comply with the City's standard liability insurance and indemnification
requirements,as specified by the City's Risk Manager.
3. CITY OBLIGATION: City shall perform as follows:
• Contribute$2,500 from Jack House funds to serve as a partial match of the contribution of the
Donor;
• Coordinate and provide oversight to the project to ensure that the project conforms to City
specifications;and
• Assist donor in shepherding the project through the City's review and approval processes.
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ATTACHMENT
donou agreement pace 2
4. RECOGNITION: The Donor shall be recognized in the following manner:
a) The donor shall be permitted, with City approval to install a plaque on or near the fence
containing such name of Donor.
b) Dedication of fencing: At such time as the renovation is completed, City shall hold a
ceremony at which Donor and members of the organization shall receive appropriate recognition.
5. TAX STATUS OF CITY: City hereby confirms that City is an organization described in Section
501( c)(3) and 170(b)(1)(A)(v) of the Internal Revenue Code, to which contribution are deductible for Federal
income tax purposes to the extent provided in Section 170 and all other applicable section of the Code. Donor
acknowledges and understands that he/she should consult with his or her tax consultant as to the deductibility of the
Donation for Federal income tax purposes.
6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically
incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral
agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of
any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties
hereto.
7. AMENDMENTS. 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 Administrative Officer of the City.
8. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage
prepaid by registered or certified mail addressed as follows:
City City Clerk
City of San Luis Obispo
990 Palm Street
San Luis Obispo,CA 93401
Donor Rotary Club of San Luis Obispo
P.O.Box 833
San Luis Obispo,CA 93406
9. AUTHORITY TO EXECUTE AGREEMENT. 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 hereto have caused this instrument to be executed the day and year
first above written.
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ATTACHUNT�
donoR agReement paGE 3
ATTEST: CITY OF SAN LUIS OBISPO,A Municipal Corporation
By:
Audrey Hooper,City Clerk Mayor,David Romero
APPROVED AS TO FORM: DONOR—Rotary Club of San Luis Obispo
By:
onath well,City Attorney
G7 9