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Home My WebLink About1990-04-17; City Council; 10590; ESTABLISHMENT OF CARRILLO RANCH TRUST FUNDI. 1 .. m 4 rl Lfl I z a &I 0 9 aJ CJ a 1 0 u Ll G -rl 4 .rl V E: 2 u 0 a \ h 4 \ d- ClYOF CARLSBAD - AGENWILL AB# 10,416 TITLE: DEPT. I MTG.~" DEPT.PR ESTABLISHMENT OF CARRILLO RANCH TRUST FUND CITY A' CITY M 1 I I RECOMMENDED ACTION: If Council concurs, introduce Ordinance No. #54\5 amending Sectior 2 -36.090 of the Carl sbad Municipal Code to establ ish a Carri 11 o Ranch trust fund . ITEM EXPLANATION Mrs. Joan Kind1 e, Volunteer Curator for the Carril lo Ranch, has asked for a Carrillo Ranch trust. She bel ieves a trust fund wi 11 help get more donations of artifacts or cash from private foundations, corporate entities, service organizations, and private citizens. This issue has been reviewed by the Parks and Recreation Commission. Staff supported Mrs. Kindle in identifying and documenting the location of autobiographical documentation. However, large donations which would create a need for storage facilities or obligate the City may be premature until the master pl an is approved establ ishing the future use of the ranch. Staff recommended that the Parks and Recreation Commission administratively establish an account with the Finance Department. Significant memorabilia requiring immediate action would go to the City Council. Carrill0 memorabilia, and acquiring mal 1 artifacts such as photographs and The Commission, by a 6-1 vote, adopted the staff recommendation and asked for a subcommittee of the Historic Preservation and Parks and Recreation Commissions and Mrs. Kindle to discuss the time line for the planning and development of Carrillo Ranch and the possibility of advancing the current 1993/94 schedul e. Mrs. Kindle does not want to wait and is asking that a special trust fund be established so she can begin active solicitation of donations. The Council has included a reference to a trust in this year's goals and request. A recommendation from the Commission and Council approval will be required to accept major gifts. Any concerns about a premature committment of the park to a particular use can be addressed at that time. CI: ul objectives, so staff has prepared an ordinance to implement Mrs. Kindle's b E e 4 $ z .. 0 6 e 0 =! z 3 0 0 If Council concurs, your action is to introduce Ordinance No. b~5~/!3, which amends Section 2.36.090 to add subsection (d) to establish a Carrillo Ranch trust fund. FISCAL IMPACT The fiscal impact resulting from the solicitation of cash donations for purposes associated with Carrillo Ranch cannot be estimated at this time. EXHIBITS 1. Ordinance No. b,fSdl I3 3. Municipal Code Chapter 2.36.090 4. City Council Goals & Objectives 2. Joan Kindle's request 1 etter dated November 9, 1989 I I. I 1 2 3 4 5 6 7 a 9 10 11 12 13 14 ' 15 16 17 I I.8 I 19 I 20 21 22 23 24 25 26 27 28 0 0 ORDINANCE NO. NS-113 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 2, CHAPTER 2,36 OF THE CARLSBAD MUNICIPAL COO€ BY THE AMENDMENT OF SECTION 2.36.090 TO ADD SUBSECTION 2.36.090(d) ESTABLISHING A CARRILLO RANCH TRUST FUND. The City Council of the City of Carl sbad, Cal ifornia does ordain as follows: SECTION I: That Title 2, Chapter 2.36 of the Carlsbad Municipal Code is amended by the addition of Section 2.36.090(d) to read as fol 1 ows : (d) Carrillo Ranch Trust. A special trust fund is hereby established to receive and hold donations of money, artifacts, and memorabil i a for the Carri 1 lo Ranch. Proposed donations shall be referred to the Parks and Recreation Commission for a recommendation before acceptance. Donations of five hundred dollars or less may be accepted by the City Manager. Donations over five hundred dollars ($500) may be accepted by the City Council. All donations accepted in the trust must be used exclusively for purposes re1 ating to the development, operation, and maintenance of the Carril lo Ranch. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be pub1 ished at least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carl sbad City Council on the 17th day of April , 1990, and thereafter ///I //// //// //// //// //// Q 1 2 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 24th day of 3 April , 1990, by the following vote, to wit: 4 5 AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and L NOES: None 6 7 8 9 ,/ .. 10 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 &AAJA ABSENT : None A PROVED AS FORM AND LEGALITY c VINCENT F. BIONDO, JR., Civtbrney ATTEST : &// / -/ /' / i ,'Ji p 6fX.j y *L CLAUoE A: ~~u~~-~$~~ A~~FRA~$E a 0: November 9, 1989 Mr. David L. Bradstreet Parks and Recreation Director City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008-1989 Dear Dave : You are already aware of my strong feeling that the City should establish a Carrillo Ranch Trust as a means of receiving gifts of cash, property or artifacts from individual donors, foundations and fund-raising groups. These contributors will wan to know that such gifts will be used exclusively to benefit the Ranch and will accept the Trust as a safe and secure haven under the City‘s protection. My interest in establishing this Trust is to give the City assistance in augmenting its own funds to answer the needs of th Ranch into the future. The attached draft brochure expresses my feelings as to the general provisions of the Tru’st (subject, of course, to the City’s further refinement) and reflects how it can be presented in a positive manner to the interested public. However, it seems particularly important to me that small gifts and disbursements valued at $500 or less - should be administered by your Department. Larger amounts can be reviewed and approved by Council as it chooses. Some transactions will have to be handled very quickly and we will need a clear, concise means for doing s lest the opportunity be lost. It is my understanding the Trust can be created by an amendment to the Parks and Recreation Commission Ordinance #2.36.090. Frank Mannen and Ray Patchett have advised me that yo would be the Rerson to carry such a proposal to City Council. I hope that you will be agreeable to doing so at your earliest convenience and, as Carrillo Ranch Curator, I am available to Agenda Bill. assist in my limited way in the preparation of the enabling Please let me know what I can do on behalf of you and the Trust. Cordially, .,4” WJoan E. Kindle 2622 El Aguila Lane Carlsbad, CA 92009 438-1666 / EXHIBIT 2 2.36.010 e a .' Chapter 236 236.030 Compensation of members. \ The park and recreation commission sh PARK AND RECREATION CO~lh.IISSION 6) as such without any compensation. (Ord. Sections: 236.010 2.36.020 2.36.030 236.040 2.36.060 2.36.070 2,36,080 236.090 236.100 2.36.1 10 Created. Membership-Terms- Vacancies. Compensation of members. Chairman. Meetings. Duties. Powers generally, Funds-Disposition of moneys. Budget. ' Powers delegated to commission to be advisory. 2.36.010 Created. is created. (Ord. 1025 9 1) A park and recreation commission for the city 236.020 Membership-Terms-Vacancies. The park and recreation commission shall consist of seven members, who may be persons who hold an office or a position with the city; provided, however, that the number of members of such commission who are not officials of the city shall exceed the number of members who may be officers or employees of such city. Mem- bers are to be appointed by the mayor and shall be approved by the city council. Of the members of the commission first appointed hereunder, one shall be for a term of four years, two shall be for a term of three years, two shall be for a term of two years and two shall be appointed for a term of one year. Their successors shall be appointed for the terms of four years. If vacancies shall occur otherwise than by expiration of the term, they shall be filled in the same fashion as the original members were appointed. (Ord. 1025 4 2) 236.040 Chairman. The appointed members of the park and ation commission shall elect their chairman, who shall preside at all meeting chairman, as elected by the commission. hold office for a term of one year from an( his date of election. Thereafter, successivc tions shall elect a new chairman at each su( ing year. One chairman may serve for rnorc one successive term. (Ord. 1025 9 3) 236.060 Meetings.* The park and recreation commission meet at such time or times as the member: in their discretion see fit; provided, that meetings be held at least once each month majority of the appointed members shall stitute a quorum for the purpose of trans: the business of the commission. ((3rd. 102 *As Io attendance of city manager at commission rneetil Seclion 2.12.125. 2.36.070 Duties. have the power, and it shall be the duty ( commission, to make recommendations t city council and to advise the council in m; pertaining to the creation, operation, mz nance, management and control of comm recreation programs, of playgrounds and in and outdoor recreations, activities and facil Further, it shall be the duty of the commissil advise and make recommendations to the council of matters pertaining to planting, ming, pruning, and care of all trees, shrul plants and to the removal of all objectiol trees, shrubs and plants in and upon any s' park, pleasure ground, boulevard, alley or p place of the city. (Ord. 1025 5 7) The park and recreation commission 58- 1 EXHIBIT 3 6 b‘ - 236.080 Powers generally. The park and recreation commission shall have the power to equip, operate, supervise and maintain playgrounds, athletic fields, swimming pools, swimming centers, indoor recreation cen- ters, auditoriums, or other park or recreational facilities on or in any public grounds or buildings in or about the city, which the commission may from time to time acquire, provide, authorize and designate for such use, subject to the shall further have the power to adopt rules and regulations pertaining to the cutting, trimming, pruning, planting, removal or interference with any tree, shrub or plant upon any street, park, pleasure ground, boulevard, alley or public place of the city. (Ord. 1025 9 9) 236.090 Funds-Disposition of moneys., (a) Funds generally. The park and recreation commission is authorized to and may receive donations, gifts, legacies, endowments or bequests made to the city or to the commission for or in behalf of the city for the acquisition of park and recreation facilities and the construc- tion, maintenance and operation of any of the foregoing facilities, subject to the approval of the city council. (b) Gifts paid to treasurer. All donations, gifts, legacies, endowments or bequests so received by the commission shall be turned over to the city treasurer, and shall be kept in a special fund to be designated as the park and recreation fund. (c) Park and recreation fund. The city council shall establish a hnd to be known as the “park and recreation fund.” There shall be deposited to and expended from this hnd all fees or moneys approval of the city council, The commission a 2. received by the commission, including t ceeds from all gifts, legacies or bequest forth in subsection (b) and including t: ceeds of other sources managed or contrc the commission and derived by it in con with the operation of the public recre activities and facilities under its jurisdich moneys in the hnd shall be used for the I tion, supervision and operation of public tion, and not otherwise, and if not used and recreation fund. (Ord. 1025 § 10) any current year shall accumulate in tk 236.100 Budget. The park and recreation commissio submit a budget for required funds to t council on or before the thirtieth day of .r each year. (Ord. 1025 3 11) 236.110 Powers delegated to cornmissi Nothing in this chapter shall be constr restricting or curtailing any of the poweE city council, or as a delegation to the pa recreation commission of any ofthe authc discretionary powers vested and imposed in the city council. The city council decla the public interest, convenience and v require the appointment of a park and recr commission to act in a purely advisory ca to the city council for the purposes enumr Any power herein delegated to the comn to adopt rules and regulations shall not b strued as a delegation of legislative author purely a delegation of administrative aut (Ord. 1025 9 12) be advisory. 59 (Carlsl I". A". .' * 0 a Encourage the contribution of gifts and funds for arts, historical, and senior *. programs. A. Conduct Senior Golf Tournament and Dinner WPt) B. Revise Ordinance No. 2.36.090 as it relates (June) Fundrai ser to solicitation of donations and artifacts for Carri 11 o Ranch Goal IV: Provide cultural, park, and recreational facilities. QTR 3 2 A. Complete Northwest Quadrant Parkland Assessment (July) B. Complete Parks and Recreation Element Update (July) C. Complete Open Space Study (Aug 1 D. Conduct Parks and Recreation Commission Workshop and Park Tour ( Feb) 3 3 3 1 - 2 EXHIBIT 4