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Home My WebLink About5.2 DublinSrCtrFoundation . ;: ~ f< i ;~ '- . . CITY CLERK File # r-l0i~-~lQJ AGENDA STATEMENT CITY COUNCIL MEETING DATE: March 17, 1998 SUBJECT: Written Correspondence from Dublin Senior Center Foundation PTepared by: Diane Lowart, Parks & Community Services Director EXHIBITS ATTACHED: A. Correspondence from C.R Cocilova, President B. BudgetChangeForm C. Resolution RECOMMENDATION:~~ovide Staffwith Appropriate Direction FINANCIAL STATEMENT:pt, - Estimated Cost to City for Fiscal Year 1997-98 Reimbursement of Foundation Start-up Costs $767.05 Copier Supplies $200.00 TOTAL $967.05 Funds were not appropriated for this purpose in the adopted Fiscal Year 1997-98 Budget. A budget transfer from the Budgeted Contingent Reserve would be needed to fund this request. DESCRIPTION: Correspondence has been received from C.R Cocilova, President, Dublin Senior Center Foundation, informing the City that the Foundation has been approved as a public charity foundation. The State of California approved the tax exempted non-profit corporation on October 6,1997 and the Internal Revenue Service approved the 501(a)(1) on January 1, 1998. Full approval from the 1RS will not occur until December 31., 2001. The Board of Directors and Officers of the Foundation are shown in the attached letter. Staff has been provided with a copy of the Articles of Incorporation of the Dublin Senior Center Foundation and the Bylaws of the Dublin Senior Center Foundation. As set forth in the bylaws, the primary objectives and purposes of the Dublin Senior Center Foundation are as follows: A. To provide programs for ,growth and development of the Dublin Senior Center; B. To provide seniors with opportunities to participate in community services; C. To provide development funds for special events; D. To support programs that meet unmet needs of Dublin area seniors. In his letter, Mr. Cocilova has asked that the City consider reimbursing the Foundation for the expenses incurred to establish the Foundation. The expenses totaled $767.05 and documentation of the expenses has been provided to Staff. ------------------------------------------------------------------- COPIES TO: Dublin Senior Center Foundation ITEM NO. 7.2 F:\citycouncil\ccmtgs\317scfnd.doc '0 ;t '*-~ " i' t i i, "l' 't- J!. l: .. ~ t 1- ~ f_ '- City Staff have also met with the Foundation Board of Directors who have requested support from the City as follows: 1. Use of City facilities at no charge for month~ meetings of the Foundation Board of Directors. and for Fundraisers of the Foundation. - ' , Discussion::. The City's Facility Use Policies generally provide for free use of City facilities by Dublin based non-profit groups during regular business .hours; after regular business hours, a rate of $10 - $20 per hour is charged., depending on the facility used: For fundraisers, Dublin based non~ profit groups ~ charged a fee of $40 - $50 per hour, depending on the facility used. Monthly meetings of the Foundation Board of Directors are held the first Wednesday of the month at 10:00 am. The Foundation would like to meet at the Dublin Senior Center and the Senior Center Director has indicated that space is available for their-meetings. One advantage to having the Board meet at the Senior Center during regular business hours is that the Senior Center Director can attend the meetings and the City does not incur overtime charges for the Director, Given that this use is during regular business ho~, there would be no'fee for their use. ' < For social events and fundraisers by Dublin based non-profit groups, the City Council has previously granted full or partial fee waivers to the following groups: Women's Club of Dublin, American Cancer Society, Dublin Fine Arts Foundation, Dublin Sister City Association and Dublin High School Band Boosters. At this time it is difficult to estimate the loss of fee revenue to the City as the Foundation has not yet identified the number or type of fundraisers or social events that they would like to sponsor. ' 2. Use of Dublin Senior Center address as the corporate address for the Foundation and space at . the Senior Center for storage of one file cabinet and to post announcements of the Foundation. Discussion: Space is available for one file cabinet and to post announcements. Staff does not believe :that use of the address would be an inconvenience to the Center. 3. Use of the Dublin Senior Center telephone number where messages can be left for members of the Board of Directors. Discussion: Staff would recommend that the Foundation be allowed to use the Dublin Senior Center telephone number on a trial basis, through the end of the Fiscal Year, and the use will be monitored to determine whether the number of calls are impacting the operation of the Center. 4. Use of copy machine at Dublin Senior Center with supplies furnished by the Foundation. Discussion: As proposed, the Foundation would supply their own paper but the City would absorb the cost of toner and maintenance. It is difficult to determine the cost to the City for use by the Foundation as each City department is charged a pro-rata share of the overall copier supplies budget based upon the number of copies generated. The copier supplies budget includes paper, toner and copier maintenance kits. Each City department is also charged a pro-rata share for replacement costs and maintenance agreements. The Foundation estimates about 500 copies per month (6,000 annually). If the Foundation was . charged the City's copier charge of $.1 0 per page the annual cost would be $600. - )., - -, ;. t f: i J ,t !'{ 1 :t '~ ~. ?} tc ~" :~ ;; k ":it l . . 5. Investigate whether the Foundation could be covered under the City's insurance coverage. Discussion: The City is a member of a 29-city Joint Powers Authority Association which provides insurance coverage for general liability, automobile liability, personal injury liability, public officials error and omissions and law enforcement liability. The coverage is only for the "entity", that is, the City. Consequently, it would not be possible to extend coverage to the Foundation. 6. Grant an exception to Chapter 5.24 of the Dublin Municipal Code related to Fireworks. Discussion: Section 5.24.060 of the Municipal Code states that in order to be considered for a permit for a fireworks booth, the non-profit orga.ni2ationor corporation must have been organized and established within the City for a minimum of one year continually preceding the filing of the application for the permit The formation of the Dublin Senior Center Foundation was conceived in February of 1997 however, they did not receive 1ax exempt status from the State of California until October 6, 1997. . , In order to grantari exception, the Council would need to adopt the Resolution attached in Exhibit C. It should be noted that by granting an exception, this would serve asa precedent for similar requests in the future. It is the recommendation of Staff that the City Council review the requests from the Dublin Senior Center Foundation and provide Staff with appropriate direction. A Budget Change Form (Exhibit B) has been prepared should the City Council choose to reimburse the Foundation for start-up costs and allow use of the Senior Center copy machine. _ :? - u, . . . DD""BLIN" SE~lOR CEI\I"TER FOlJNl)A TION 11713 SERR-\ COURT Du'"BLJIN, C.ALIFOR.","1.A 94568 510 828-3781 January 14, 1998 Ms. Diane Lowart Parks and Com.munity Services Director City of Du1lin P.O. Box 240 ~1bn,~1donlla94568 Dear ]\-ls. Lowart: This letter is to inform. you that we are now an .l~.PPRO'vlED PlJnLIC CJf-Lt\R.ITIT FOul\ll)A TION, Nr\...'1\1ED " DL~LJIN SE1\1JOR CENTER FOL1I\Jl)A TI0N ". The State approved ilie tax exempted non-profit corporation on October 6, 1997 and the Internal Revenue Service approved the 50HaHH on January 2, 1998. Full approval of the Federal will not oc= until December 31, 2001. We, the Board of Directors, will he reporting to the Jrnte:rnal Reven.ue Services on our ::method of fund raising and distribution of our funds. H the kternal Revenue Services feel we have ccm.plied with all of the yrovision of the Public Charity Foundation by December 31, 2001, then we will1e gettiDg our pennanent iax exempted 501ad(3j status. For infonnation to the City the following are mem.bers of the Board of Di:rectoTS for this Foundation: ~. Wayne R Barnes* 736610ne Court, Dublin, California 94568 ~. C. R Cocilova 11713 Serra Court, Duhb., California 94568 Mr. Val J. Hatheway 7-H5 Mancini Court, Duhlin, California 9..1568 Mr. Paul C. Moffatt* 11741 Solana Drive, Du11m, California 94568 MTs. Karol Ruppenthal 11..06 Winding Trail Ln., Dublin, Ca. 94568 Mr. Peter W. Snyder 11497 Silvergate Drive, Duhlin, California 94568 ~s. Reina'Vo/bitney 127 Ray Street, Pleasanton, California 94566 Dr. Ted. C. "''''oy'' 11:581 Rampart Drive, Du1lin, ~hfornia 94568 Mr. George A. Zika * 80-46 Peppertree Rd., Dublin, California 94568 ( * denote 2 year tenns all others are 3 year tenns} 828-0231 828-3781 828-173Jl 828-0936 828-Jl660 828-2738 485-9147 828-2854 828--4350 EXHIBIT A Page 2, Letter to Ms. Lowari, ckted January 14, 1998 Officen for the Foundation are: Mr. C. R Cocilova, President Dr. Ted C. Woy, Vice-President Mrs. Karol Ruppenthal, Secretary Mr. George ...4... Zik., Treasurer Expenses for forming this Foundation and other e%penses for setup cost is $767.55 ~Copy attached}. Since this expense was paid hy Bob Cocilova, we would like to he put on the agenda at a City Council meeting to. have a memher of our Board speak in my he1a.lf for reimbUTSement of this expense. Please inform. me when this can he put on the agenda., so we can he present. Attached also, ~ copies of the State of California approval of our tax exempt Public Charity Corporation dated October 6, 1997 and a copy of the letter from the Treasury, kte:rnal Revenue Services, dated January 2, 1998. Thank you. Sincerely, C. R. Cocilova copIes:: Statem.ent for Formation and Startup Expenses Letter from State of California, Franchise T axe Board & from. the Secretary of State Approval of the Corporation. Letter fromInfen1al Revenue Service dated January 2, 1998 . . . CITY OF DUBLIN BUDGET CHANGE FORM . CHANGE FORM # New Appropriations (City Council Approval Required): Budget Transfers: _~ From Budgeted Contingent Reserve (1080-799.000) Wrtbin Same Department Activity Between Departments (City Council Approval From Unappropriated Reserves From New Revenues Required) Other @!ii>>~iDIW.Dr;EiNi€Cb'8BtJWMmNWmDVSjWHjj!~~Hmm.m~!_B:lli~m~atliMWiMt=Bm"'1iWH:g ~. ..0-..................."........................................................................................................................................................:.:...........:.:.....:.;-:.:.:...:.......,...........:-....:.......................:.:.:.:.:.:.....z.:.:.:.:.:.:;.........................,..............................................-..................................................................,............................'.............'..........................................,..........................................' Name: Non-Depll1'1mentaI Budgeted $967.05 Name: City Council, Community Promotion $767.05 Contingcut Reserve Account #: 001-1080-799-000 Account #: 001-1010-731-000 Name: Name: Senior Center Copier Supplies $200.00 Account #: Account #: 001-8080-712-000 Name: Name: Account #: Account #: Name: Name: Account #: Account #: Name: Name: Account#: Account #: '. . REASON FOR BUDGET CHANGE ENTRY: To reimburse the Dublin Senior Center Foundation for the expenses incurred to establish the .Foundation and to increase the copier supplies budget at the Senior Center to allow for use of the copy machine by the Foundation. City Manager: Date: Signature .................,. ............ ...... . 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Signature Posted By: Date: Signature EXHIBIT B RESOLUTION NO. - 98 .- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* . !~ APPROVING AN EXCEPTION TO CHAPTER 5.24 - FIREWORKS OF THE DUBLIN MUNICIPAL CODE .t" i WHEREAS, Chapter 5.24 of the Dublin Municipal Code regulates the possession, sale, delivery, ~linein and use of4'safe and sane :fireworks" within the City of Dublin; and WHEREAS, Section 5.24.060(A) contains a provision that permits to sell safe and sane fireworks shall only be issued to nonprofit organizations or corporations which have obtained tax exempt status from the State Franchise Tax Board under Section 23701(b), (d), (f), (g), or (1) of the Revenue and Taxation Code; and I:' ~ ; ;g WHEREAS, Section 5.24.060(B) further stipulates that such organizations must have been organized and established within the city for a minimum of one year continually preceding the filing of the application for the permit; and , '- WHEREAS, work on the establishment of the Dublin Senior Center Foundation began in February, 1997 however tax exempt status from the State of California was not received until October 6, 1997; and WHEREAS, the purpose of the Dublin Senior Center Foundation is to provide programs for. growth and development of the Dublin Senior Center; to provide seniors with opportunities to participate in community services, to provide development funds for special events; and to support programs that meet unmet needs of Dublin area seniors; and WHEREAS, the Dublin Senior Foundation would like to apply fora permit to sell fireworks at a :fireworks stand and is requesting an exception from Section 5.24. 060(B);and WHEREAS, the funds that would be raised through fireworks sales would directly benefit the Dublin Senior Center Foundation and Dublin area seniors, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City Council of Dublin approves an exception to Section 5.24.060(B) of the Dublin Municipal Code relating to the minimum amount of time that an organization must be organized in order that the Dublin Senior Center Foundation may apply for a permit to sell fireworks at a fireworks stand. PASSED, APPROVED AND ADOPTED this 17th day of March, 1998. AYES: NOES: ABSEl\.rr: ABSTAIN: . Mayor ATTEST: City Clerk K2 /G/3-17-98/resofire. doc EXHIBIT C