HomeMy WebLinkAbout2011-02-22; City Council; 20458; DONATION LEO CARRILLO RANCH TRUST FUNDCITY OF CARLSBAD - AGENDA BILL
AB#
MTG.
DEPT.
20.458
02/22/11
P&R
ACCEPTANCE AND APPROPRIATION
OF CASH DONATION TO THE
LEO CARRILLO RANCH TRUST FUND IN
SUPPORT OF NEW INFORMATIONAL
VIDEO PRODUCTION
DEPT. DIRECTOR $L
CITY ATTORNEY
CITY MANAGER
RECOMMENDED ACTION:
Adopt Resolution No. 2011-029 , accepting a cash donation in the amount of fifteen
thousand dollars ($15,000) in support of Leo Carrillo Ranch Historic Park, and approving and
entering into the MOD between the City and Friends of Leo Carrillo Ranch, Inc., and directing
the finance director to appropriate the received funds to the Leo Carrillo Ranch Trust Fund.
ITEM EXPLANATION:
As part of their continued support of Leo Carrillo Ranch Historic Park, the Friends of Carrillo
Ranch, Inc. have generously provided the financial support necessary to produce an updated
introductory video. This video will be screened in the newly restored barn theater visitor
center for guests attending the park. The expected completion date for the new barn
theater/visitor center is Spring 2011.
Parks & Recreation staff was presented with a donation to the Carrillo Ranch Trust Fund from
the Friends of Carrillo Ranch, Inc. in the amount of $15,000 to be used for production of a
new introductory video. The 12 minute video will be sponsored exclusively by the Friends of
Carrillo Ranch, Inc. The updated presentation will highlight historical land use, discuss Mr.
Carrillo's life and legacy, and feature recent park improvements.
At the request of the Friends of Carrillo Ranch, Inc., sponsorship and funding credit
recognizing the Friends will be provided at either the beginning or end of the video. The
Parks and Recreation Department will provide copies of the final product to the Friends with
permission to distribute on a limited basis to select members of their organization. Finally,
the city agrees to indemnify the Friends against any actions arising out of the production of
the video. With the assistance of the City Attorney's office, a written agreement has been
prepared and signed by Friends (Exhibit 2). Staff believes these requests are amenable and
recommends entering into the agreement, receipt of donation and acceptance by City Council
and directing the finance director to appropriate funds.
The City of Carlsbad Parks and Recreation Department wishes to acknowledge the continued
support of the Friends of Carrillo Ranch, Inc. A letter of appreciation has been sent on
behalf of the Parks and Recreation Department to express our gratitude.
DEPARTMENT CONTACT: Kevin Granse 760-476-1042 kevin.granse(o)carlsbadca.gov
FOR CITY CLERKS USE ONL Y. ./
COUNCIL ACTION: APPROVED J\
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FISCAL IMPACT:
A cash donation in the amount of $15,000 will be deposited into the Leo Carrillo Ranch Trust
Fund for all costs related to the production of new informational video. Any remaining funds
will be appropriated for other projects directly related to the development, operations and
maintenance of Leo Carrillo Ranch Historic Park.
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code Section 21065 and CEQA Guidelines section 15738, this
action does not constitute a "Project" within the meaning of CEQA and therefore, does not
require an environmental review.
EXHIBITS:
1. Resolution No. 2011-029 authorizing acceptance of cash donation in support of
Leo Carrillo Ranch Historic Park, and appropriation of received funds to the Leo Carrillo
Ranch Trust Fund.
2. Written agreement between City of Carlsbad and Friends of Carrillo Ranch, Inc.
1 RESOLUTION NO.2Q11-Q29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, ACCEPTING DONATION OF $15,000 IN
SUPPORT OF THE LEO CARRILLO RANCH TRUST FUND AND
4 APPROPRIATION OF RECEIVED FUNDS.
5
WHEREAS, the Friends of Carrillo Ranch, Inc. continue their ongoing support
7 of Leo Carrillo Ranch Historic Park; and
8 WHEREAS, the City Council wishes to accept cash donation in the amount of
9 $15,000 in support of the Leo Carrillo Ranch Trust Fund; and
10 WHEREAS, the donation will be used to fund all costs related to the production
of an informational video to be viewed by park guests in the new barn theater; and
12 WHEREAS, the Friends of Carrillo Ranch, Inc. and the City of Carlsbad have a
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written agreement pertaining to sponsorship, distribution, and indemnification; and
14
WHEREAS, on January 31, 2011 the Parks & Recreation Commission received
15
cash donation in the amount of $15,000 and recommended acceptance by the City16
17 Council.
18 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
19 Carlsbad, California, the following:
20 1. That the above recitations are true and correct.
21 2. That the City Council does hereby accept $15,000 cash donation.
22 3. That the City Council authorizes the finance director to appropriate
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$15,000 upon receipt to the Leo Carrillo Ranch Trust Fund.
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4. That the City Council accepts written agreement between Friends of
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Carrillo Ranch, Inc. and city of Carlsbad.26
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5. That the Mayor is authorized to sign, on behalf of city of Carlsbad, the
written agreement between Friends of Carrillo Ranch, Inc. and city of
Carlsbad.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council
of the City of Carlsbad, California, held on the _22ndday of February , 2011, by the
following vote to wit:
AYES: Council Members Hall, Kulchln, Blackburn, Douglas and Packard.
NOES: None-
ABSENT: None.
MATT HALL, Mayor
ATTEi
INE WOOD, City Clerk
MEMORANDUM OF UNDERSTANDING
between
City of Carlsbad, a municipal corporation
and the
Friends of Carrillo Ranch, Inc.
The Memorandum of Understanding ("Agreement") is made and entered into between the City
of Carlsbad ("City"), and the Friends of Carrillo Ranch, Inc.
A. PURPOSE:
To provide indemnification to the Friends of Carrillo Ranch, Inc. arising out of the
exchange of a monetary donation by the Friends of Carrillo Ranch, Inc. to the City's to
the Carrillo Ranch Trust Fund for the production of a new informational video for visitors
of Leo Carrillo Ranch Historic Park.
B. FRIENDS OF CARRILLO RANCH, INC. SHALL:
Provide donation to the City of Carlsbad - Carrillo Ranch Trust Fund administered by the
City's Parks & Recreation Department in the amount of $15,000 (fifteen thousand
dollars) in support of the production of a new informational video to benefit the Leo
Carrillo Ranch Historic Park.
C. CITY SHALL:
1. Acknowledge that Friends of Carrillo Ranch, Inc. are the sole sponsor of the
informational video;
2. Title the new informational video: "Carrillo Ranch: Carlsbad's Sleeping Beauty";
3. Provide "funding" credit to Friends of Carrillo Ranch, Inc. by displaying its logo on screen
for not less than 5 seconds at beginning or end of video;
4. Provide 25 copies of the new informational video at no charge to selected members of
Friends of Carrillo Ranch, Inc. The videos will be stamped "unauthorized duplication
prohibited;" and
5. Provide indemnification of the Friends of Carrillo Ranch, Inc. as follows:
City holds or will hold all required intellectual property rights, whether said
right or rights originate in copyright, trademark patent or other intellectual
property right ("Rights"), in connection with the production of a new
informational video to be titled Carrillo Ranch: Carlsbad's Sleeping
Beauty (Video), and said Rights are either original, not encumbered and
do not infringe upon the Rights of any third party, or are in the public
domain. If any claim, suit or allegation in copyright, trademark, patent
infringement, or other infringement of an intellectual property right is
alleged, threatened or brought against the Friends of Carrillo Ranch, Inc.
arising out of the Friends of Carrillo Ranch, Inc.'s donation of monies to
the Carrillo Ranch Trust Fund in connection with said Video production,
City agrees to indemnify and hold harmless the Friends of Carrillo Ranch,
r
Inc., its officers, employees and agents from and against any and all
claims, actions, costs, judgments or damages of any type alleged,
threatened, or brought that said Rights infringe the Rights of any third
party.
D. AUTHORITY:
The individuals executing this Agreement and the instruments referenced in it on behalf of
the Friends of Carrillo Ranch, Inc. each represent and warrant that they have the legal
power, right and actual authority to bind Friends of Carrillo Ranch, Inc. to the terms and
conditions of this Agreement.
Friends of Carrillo Ranch, Inc.CITY OF CARLSBAD, a municipal
corporation of the State of California
*By:
Alan Kindle, President
(print name/title)
DATED:.,2011
By:
ATTES
Mayor
APPROVED AS TO FORM:
RONA!
/[ Assistant/Deputy City Attorney