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HomeMy WebLinkAboutBidwell Mansion - letter to GovernorPage 1 of 1 From: Phillips, Maria [avenue9gallery@sbcglobal.net] Sent: Monday, August 13, 2012 1:19 PM To: Hahn, Paul; Connelly, Bill; Clerk; Alpert, Bruce; BOS District 4; Kirk, Maureen; Yamaguchi, Kim; Wahl, Larry; Mary Goloff; Scott Gruendl; Ann Schwab; Jim Walker; Bob Evans; Andy Holcombe; Mark Sorensen; Kay Brandt; Michael Magliari; Dianne Wrona; Sue Evans; Keith Johnson; Gloria Veith; Nancy Leek; Cathie Momber; Bob Persons; Patrick Bulmer; Nancy Overton; Nori Monroe; Kathy Lanpheir; Satsie Veith; Shirley Kendall Cc: David Little; Robert Speer; KZFR; Lorraine Dechter; Heather Hacking; Laura Urseny Subject:-Letter to Governor Brown Re State Parks Funding Attachments: Signed BMCP letter to Gav.pdf; ATT3558247.htm; Bidwell Mansiion SHP.PDF; ATT3558248.htm Good afternoon! This is to advise that Saturday August 11, the Bidwell Mansion Cornrnunity Project, Inc. (BMCP) sent a letter to Governor Jerry Brown with electronic copies sent to: Darrell Steinberg, Senate President pro Tem Darrell Steinberg; John A. Perez, Speaker of the Assembly; Wally Herger, 1 S~ Congressional District; Senator Doug LaMalfa, 4~ District; Assemblyman Dan Logue, 3rd•Assembly District; Assemblyman Jim Nielsen, 2nd Assembly District; Acting Director State Parks, Janelle Beland,; Secretary John Laird, Carlifomia State Natural Resources Agency; and Traci Verardo-Torres, Califomia State Parks Foundation. A pdf of the signed letter from BMCP President, Nancy Overton, is attached, together with a copy of the Donor Agreement between the BMCP and State Parks, signed by our President Nancy Overton and by Interim Director of State Parks, Janelle Beland. We are now sending a copy of this correspondence to you, members of our community, and other individuals and organizations with an interest in and aneed-to-know about the funding situation of our State Historic Parks in general and the Bidwell Mansion in particular. Because the California Legislature wraps up its work in about 3 weeks, this is the crucial time to ensure that the "found" parks monies {probably $20.3 million or less rather than the $54 million that included Off Road Vehicle funds} stay with State parks. Decisions are imminent and we need to be heard. We are sharing these documents and our actions with you in the spirit of transparency and we encourage you to take action in whatever way you deem appropriate. Sincerely, Maria A. Phillips, Press Secretary Bidwell Mansion Community Project Tnc. 1$0 E. 9th Avenue Chico, CA 95926 530-636-2733;530-518-4536 C/ G~ = ~~- f le://C:lUserslkmoghannamlAppDatalLocallTemplTempl_Bidwell Mansion.ziplBidwell ... 8/1 312 0 1 2 BIDW~LL (~AlIS100 C0111~NIIIITY PR(bECT The mission of the Bidwell Mansiarr Community Project is to prevent the closing `° of Bldwe!! Mansion and work fa develop a sustainable aperationa! playa to keep Bidwe!! Mansion open to the public. -- August 10, 2012 Governor Jerry Brown c/a State Capi#oi, Suite 1173 Board of Directors Sacramento, CA 95814 Nancy Overton President Dear Governor Brawn: Patrick l3ultner Vice President The revelation the last few weeks that the California State parks System was sitting on a $54 million surplus in secret funds stunned all of us and particularly offended the thousands of Lida cidley Secretary community members who raised hundreds of thousands of dollars up and down the State to keep 70 endangered parks open. At the local level, the Bidwell Mansion Community Project Debra Lucero (BMCP) raised over $740,000 in a I/lfiY short timeframe -often under duress -- from a generous Treasn rer papalatian of civic minded individuals who challenged themselves and sacrificed fn good faith Maria PE,iiEips in order to save our Bidwell Mansion State Historic Park. Press Secretary We now understand that the actual amount in the fund belonging to State Parks is c. $22 Susan Hearne milNan; that any potential legislative approprfatlon far the parks will be based on this lower Cathie MomUer figure; and that whatever is appropriated from this fund will have to be spent during IY 2012- 2013. Linda Patrick Lucy Sperl in We further understand that you are in the process Of appointing an independent commission to da an outside audit of State Parks. We applaud this decision because this was going to be Gayle Womack our first demand: We the citizens of California deserve a thorough investigation to make sure that the cufprrts that caused this unfortunate situation are identified and that appropriate steps are taken to correct what, for one reason or another, has been an inadequate if not actianabfe accounting system. For Informatlmt, Please call 530.636-2733 160E 9ci~ At~c. Chico CA 95926 This letter is to communicate what the BMCP's position is at this point, both in terms of where infn~s°y~tlrlwrihni•nsl„:,•~>"[' we are in the process and what we are requesting from the State in order to redress the 4N W 4Y.til VeI)€[I4YPI I IFtatFSlnfl.~lrF! damages done to our community: There is no doubt that our emergency fundraising in Butte Eor Aonatfons County far the Mansion has had ripple effects here as it no doubt has done in ail of our SiJwcll Mansion Can[rs7unity 1'rnleU Northern California communities. forth Valicy Cnmmunlq~ 3'onndation :i 120 Cn€casset Racd, ti[c. ,t Chica.CA 9S97;i•t19/B QA~rprs~ueSt: J J~ L~• ~ ~~/~ l ` ~ ~ ' r it •be known that we are hereby requesting C L ~9 ~/(~ 1} that the legislature appropr€ate from the found mantes amounts equal to those that individual communities raised to keep their respective parks open; 2) that the legislature appropriate from the found monies adequate funds to prevent the closure of alt the 70 parks slated for closure this year; and 3) that the legislature appropriate the rest of the found monies to the parks for their deferred maintenance, and fnrsite-specific special programs, equipment, and other needs. 1 } We have collected roughly $140,000; 2) We have signed a 1,7onor Agreement (attached) promising $80,000 the first year to be delivered in $20,000 installments, the first of which was already given to State Parks and the second of which is due September 30. This Donor Agreement includes a provision that State Parks provide quarterly proof of how the BMCP monies are spent prior to the release of further funds for fY 2012-13 which were intended to be kept in reserve to help us fund FY2013-14 and beyond. 3) Given the new-found funds and the change in State Parks' circumstances, we are now in the process of amending our Donor Agreement to accommodate the matching funds that we understand and expect the State will provide and must be spent before we proceed with any further disbursements of our community`s funds. It goes without saying that without transparency and accountability, there is nn way that we can collectively go forward on firm ground. To recapitulate, below is a fist of BMCP's demands from the State Legislature in orderto redress the damages to our community and, most importantly, in order to begin to restore trust and confidence in each other and in our goventment" • Transparency; • Accountability; Matching Funds appropriated in such a way as to facilitate our communities' efforts to find a sustainable solution to keeping the parks open; • A reversal of the threat of closure of tfie 70 endangered State Parks; • An appropriation of the balance of the $22 million for the parks for their deferred maintenance, and for site-specific special program and equipment needs. • A speedy and thorough investigation of what allowed this situation to occur; • A formal apology to our cammuriity. There is one other very important issue that must be addressed once these immediate fiscal matters are nn the way to being resolved: If private citizens, non-profit and business groups are to continue working together with the State to keep our parks open to the public, the bureaucracy of State Parks government is going to have to adjust their thinking in order to work on an equal footing in public private partnerships. Unfortunately, the apposite has been the experience of many citizen groups -including ours -who have frequently been faced with the equivalent of a stone wall where there should have been an open door. This must be recognized as aonce-in~a-lifetime opportunity to effect a paradigm shift in community awareness and civic responsibility in the culture of the State Parks. it is an achievement that we expect the leaders of our great State to be able to accomplish for the good of its citizens and the beauty of its resources. We look forward to working together to make the State Parks of California shine again in splendor in our Golden State. Sincerely, BID LL MANSION COMMUNffY PROJECT, INC. (BMCP) ~, Nancy O nton, President Etopies to: Darrell Steinberg, Senate President pro Tern Darrell Steinberg John A. Perez, Speaker of the Assembly Wally Herger, i~ Congressional District Senator Doug LaMalfa, 4"' District Assemblyman Dan Logue, 3"~ Assembly District Assemblyman Jim Nielsen, 2"d Assembly District Acting Director State Parks, Janelie Beland, Secretary John Laird, Carlfoornia State Natural Resources Agency Traci Verardo-Torres, California State Parks Foundation Butte County Board of Supervisors {B.Connelly, M. lCirlG, S. Lambert, L Wahl, K, Yamaguchi) Chico City Councilors (Mayor Ann Schwab, B. Evans, M. Goloff, A. Holcombe, M. Sorensen, J. Walker) Bidwell Mansion Association (Kay Brandt, President) Donation Agreement Between The State of California, Department of Parks and Recreation And Bidwell Mansion Community Project, inc. For Th® Maintenance and Operation of Bidwell Marui;ion State Historic Park This Donation Agreement ("Agreemenrt°) is by and between the State of Califomia, Department of Parks and Recreation rState Parks" and Bidwell Mansion Community Project, Inc., a Califomia Nonprofit Corporation (°Donor'~, coilecti-vely the °Parties", for the continued maintenance and operation by State Parks of Bidwell Mansion State Historic Park (°Park Unit"). 12ecitals Whereas, State Panics is a department of the State of Califomia and is charged with the administration and operation of the State Park System; and Whereas, Bidwell Mansion State Historic Park is part of the State Paris System within the Northam Buttes District of State Parks; and Whereas, Bidwell Mansion State Historic Park has been selected for closure due to reductions #o State Panics' budget; and Whereas, pursuant t4 Public Resources Code §g 5005, 5009.1, 5009.2, and 5009.3, State Parks may enter into agreements with any person or entity for the acceptance of funds for the purpose of enhanang the maintenance or operation of units of the State Park System with priority given to preventing closure or reduced hours of service to the public; and Whereas, pursuant to Public Resources Code §§ 5009.1 and 5009.2, State Packs and the contracting person or entity shall specify in such agreements the lave! of service, maintenance, or operation that will be performed at selected units of the State Park System; and Whereas, pursuant to Public Resources Code §§ 5009, 5009.1, and 5009.2, any funds received pursuant to such agreements shall be deposited into a separate amount in the State Park Contingent Fund; and Whereas, Bidwell Mansion Community Project, Inc. is a California Nanprofrt Corporation, which was organized to raise community contributions to prevent the closure of Bidwell Mansion State Historic Park; and Donation Agreement between the State of California, Department of Parks arsd Recreation and Bidwell Mansion Community Project Enc. for the Maintenance and Operation of Bidwell Mansion State Historic Park Page Y of 6 Whereas, BidweN Mansion Community Project, Inc. desires to donate funds to State Parks and State Parks desires to accept these funds to allow State Parks #o continue maintenance and operation of Bidwell Mansion State Historic Park so that it may remain open for the benefrt and enjoymen# of the public for July 1, 2012 through June 30, 2013 with an option to continue such donations for State Parks' Fiscal Years 2013114 through 2014!9 5; and Whereas, the Parties understand that Qonor°s donated funds may not equal the costs for State Parks to keep Bidwell Mansion State Historic Park open to the public with full services 365 days a year and may only allow State Parks to keep Bidwell Mansion State Historic Park open to the public with reduced services and/or on a limited #ime basis; and Whereas, the Parties agree that Sta#e Parks will keep Bidwell Mansion State Historic Park open to the public with reduced services andlor on a limited time basis at State Parks sole discretion as the funds allow; and Now, Therefore, In consideration of the fallowing mutual covenants and obligations, and subject to the terms and conditions set forth herein, the Parties agree as follows: I. Term Covenenis This Agreement shall become efFective on the las# date of signature by the Parties and shall remain in force and effect until .lone 30, 2013 and may be extended upon written mutual agreement of both parties through June 30, 20'15. II. Roles and Responsibilities A. Donor Roles and Responsibilities: 1, Donor shall donate $20,000 funds to State Parks on a quarterly basis for State Parks' Fiscal Years 2012113 for a total of $8©,000. Donor snail have the option of continuing to donate monies for State Parks' Fiscal Years 2013114, and 2014115 on a quarterly basis to be used by State Parks, at the sole discretion of State Parks, to maintain and operate Bidwell Mansion State Historic Park from July 1, 2012 through June 30, 2015. 2. Donor shall donate these funds to State Parks on a quarterly basis, commencing no later than on the last date of signature by the Parties for fiscal years 201219 3, with subsequent donations to be made not later than September 3D, 2012, December 31, 2012, and March 31, 2013 for l-iscal year 201212013, and similarly, beginning on each subsequent June 30, if the Agreement is extended for Fiscal Years Donation Agreement between the State of California, Department of Parks and Recreation and Bidwell Mansion Community Project inc. for the Maintenance artd Operation of Bidwell Mansion State Historic Park rage 2 of 6 2U13114, and 2014175. 3. Other than providing the funding pursuant to this Agreement, Donor shall have no responsibility ar liability for maintaining or operating Bidwell Mansion State Historic Park. B. State Parks Roles and Responsibilities: 1. State Parks shall infom~ Donor on an annual basis by December 31 of the estimated funds required for each upcoming fiscal year for the maintenance and operation of Bidwell Mansion State Historic Park and the estimated amount of funds required to keep Bidwell Mansion State Historic Park open #o the public with reduced services andlor on a limited time basis. 2. Upon receipt of the funds from Donor, State Parks shall deposi# such funds in a separate account within the State Park Contingent Fund to be used exclusively for the maintenance and operation by State Parks of Bidwell Mansion State Historic Park. State Parks shall administer this account as follows: i. State Parks shalt track the revenue and expenses of Bidwell Mansion State Historic Park and should provide Donor an account statement on a quarterly basis and no later than 30 days past that date. 3. State Parks shall maintain and operate Bidwell Mansion State Historic Park at its sole discretion with the purpose of protecting park resources and keeping Bidwell Mansion State Historic Panic open for the benefrt and enjoyment of the public with reduced services andlor on a limited time basis as the funds allow as follows: i. Open for public tours three (3~ days per week, open for educational programs for school groups for an addfionai two {2) days per week and, subject to available funding, be open for special events and programs. 4. Any interest accrued on these funds shall be available for use by State Parks in acxordance with this Agreement 5. Any funds remaining in the account at the end of a fiscal year shall remain in the account and be available for expenditure by State Parks for the next fiscal year in accordance with this Agreement. ill. Recognition Donation Agreement between the State of California, Department of Parks and Recreation and Bidwell Mansion Commun'iiy Project inc. far tfse Maintenance and Operation of Bidwell Mansion Mate Historic Park Page 3 of 6 Donor will receive neognition of its donation in accordance with State Parks' Donor and Sponsorship Recognition Guidelines, IV. Modification This Agreement may only be modified in writing by the mutual agreemen# of both Parties, V. Termination A. Prior to the receipt of funds by State Parks, either Party may terminate this Agreement for convenience upon 30 days written notice to the other Party. After the n3ceipt of funds by State Parks, either Party may terminate this Agreement for convenience upon 90 days written notice to the other Party. B. in the event Donor cannot provide State Parks the funds required to maintain and operate Bidwell Mansion State Historic Park at the agn~ed upon maintenance, operation, or service Levels stated herein, yr if the Parties cannot resolve a dispute that affects the viability of this Agreement, the Parties agree to release each other from the obligations of this Agreement. C. Upon termination of this Agreement for convenience or otherwise, Stafie Parks shall not be obligated #o return to Donor any funds previously received by State Parks. VI, Compliance with Laws This Agreement is governed by the laws of the State of California in all respects as to interpretation, construction, operation, effect, and performance. Vll. Partial Invalidity if any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, it shall be severable from this Agreement and the remaining terms, covenants, conditions, andlor provisions shall remain in full force and effect and shall in noway be affected, impaired, or invalidated thereby. Vill. No Third Party Beneficiaries This Agn~ement does not confer any additional legal rights, liabilities, or obligations between the Parties or to third parties tl~at do not already exist. IX. No Assignment i3onation Agreement between the State of California, Departrrterrt of Parks and Recreation and Bidwell Mansion Community Project inc. for the Maintenance and operation of Bldweii Mansion State Historit Park Page 4 of 6 This Agreement is not assignable by either Party, in whole or in part, without prior written consent of the other Party, which shall not be withheld unreasonably. Any such transfer or assignment made in violation of this section shall be void. X. Paragraph Tides The paragraph tides of this Agreement are inserted only as a matter of convenience and for reference, and in no way define, limit, or describe the scope ar intent of this Agreement or in any way af[ect this Agreemen#. XI. Mutual Drafting This Agreement shall be deemed to have been drafted by both Parties, with each having equal say and status. In no event shall any term be interpreted more favorably as to one Party or the other. Xll. Other Agreement This Agreement in noway restricts either Party from participateon in similar agreements with other public or private entities. XI!!. Complete Agreement This Agreement and any incorporated addenda constitute the entire agreement between the Parties and it supersedes any and all prior oral or written agreements between them. No repn~entations, warranties, or inducements expressed or implied have been made by either Party #o the other, except as set forth herein. XIV. Suaessors in Interest Unless othenn+ise provided in dais Agreement, the terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators, and assigns of the Parties, all of who shall ~ jointly and severally liable hereunder. XV. Authority #o Execute Each Party warrants that they have the authority to execute this Agreement and agree for their respective successors and assigns to be bound by its terms and conditions. Donation Agreement between the State of California, Department of Parks and Recreation and Bidwell Mansion Community Project Inc. far the Maintenance and Operation of Bidwell Mansion State Histarit Paris Page5of6 Signatures i Nancy a ,President Bidwell Mansion Community Project, lnc. l6 zor~ elei~a ~#~ Date fate f Califomi , DeparEment of Parlcs and Recreation n~.lle.., ~`o~c1d f Rc~~-inC~1 i7{t'eL~~{_ Donation Agreement between the State of Calf€amia, Department of Parks and Recreation and Bidwell Mansion Community Project Inc. for the Maintenance and operation of Bidwell Mansion State Historic Park Page 6 of S