Res 10-054RESOLUTION NO. 10 -054
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
ESTABLISHING THE BLUE SKY ECOLOGICAL
RESERVE TRUST FUND
WHEREAS, the Board of Directors of the Blue Sky Community Foundation (Foundation), a
501c3 non - profit corporation, has notified the City of Poway (City) of its intent to formally dissolve
the corporation, and expressed interest in divesting all its monetary assets to the City for the
purpose of benefiting the Blue Sky Ecological Reserve (Reserve) ; and
WHEREAS, the Poway City Council is receptive to this offer and deems to establish the
Blue Sky Ecological Reserve Trust Fund (Fund) with the Foundation's divested funds; and
WHEREAS, the City is receptive to the Foundation's request that the intended initial use of
the Foundation's contribution to the Fund shall be for the construction of an outdoor amphitheatre
adjacent to the Reserve; the Foundation's contribution shall be held exclusively for this purpose for
up to ten (10) years from the date they are received by the City unless other funds, including grant
funding, can be obtained for this purpose; and
WHEREAS, if, on the first day of the eleventh year from the date the City accepts the
Foundation's contribution, an amphitheatre is not yet under construction; or, at such time the City
is successful in obtaining other funding for this purpose, the Fund may be used for other purposes
related to the enhancement, preservation, and protection of the Reserve. These include, but are
not limited to, supplies, equipment, public programs, docent training, and capital projects such as
public use improvements. The funds may not be used for general maintenance of the City -owned
parking area; and
WHEREAS, the financial management, investment, and expenditures of the Fund is of
utmost importance, the Director of Administrative Services will establish adequate safeguards for
the receipt and disbursement of all funds or property contributed or tendered to the Fund. Program
budgets for the purpose of Fund disbursements shall be submitted by the City Manager and
approved by the City Council. Administration of the program budgets will be managed by the
Director of Community Services or designee. The City's Finance Department will issue an annual
report on interest accrued to the Fund and an annual statement of expenditures from the Fund at
the close of each fiscal year; and
WHEREAS, it is the City's intent that the Fund's principal and interest be of unrestricted use
for the purposes contained herein, the City Council retains the right to refuse any
donation /contribution it deems does not meet the Fund's intent and purpose, or not in the best
interest of the Reserve and /or the City of Poway.
Resolution No. 10 -054
Page 2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:
1. Authorizes the City to accept the Foundation's divested funds.
2. Directs the City Manager to establish the Blue Sky Ecological Reserve Trust Fund with
the Foundation's divested funds.
3. Direct staff to adhere to the intent, purposes, and procedures contained herein.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at a regular
meeting this 3` day of August, 2010.
Don Higginson, Mayor
AT EST:
Lin royan, City Clerk
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Linda A. Troyan, City Clerk of the City of Poway, do hereby certify under penalty of perjury
that the foregoing Resolution No. 10 -054 was duly adopted by the City Council at a meeting of said
City Council held on the 3` day of August, 2010, and that it was so adopted by the following vote:
AYES: BOYACK, CUNNINGHAM (via teleconference), MULLIN, KRUSE, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
da . royan, MMC, City Clerk
City of Poway