Staff Report
Reviewed by: Town Manager, Town Attorney, and Finance Director
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 12/20/16
ITEM NO: 9
DATE: DECEMBER 15, 2016
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: ADOPT A RESOLUTION TO ACCEPT A DONATION FROM BARBARA SPECTOR
FOR INFRASTRUCTURE PURPOSES
RECOMMENDATION:
Adopt a resolution to accept a donation from Barbara Spector for infrastructure purposes.
DISCUSSION:
On October 16, 2015, the Town Council adopted the Solicitation and Donation Policy (see
Attachment 1). This Policy allows the Town Manager to accept donations under $25,000 for
purposes that are listed on a Council approved Town donation opportunities list that was
approved through the Town’s annual Operating and Capital Budget process (see Attachment 2).
Council Member Barbara Spector wishes to donate approximately $10,000 of excess campaign
funds for infrastructure purposes as identified in the Council approved donation opportunities
list with specific intent for footbridge lighting and/or artwork. To accept the funds for this
specific purpose requires the Council to approve a resolution (see Attachment 3). If approved,
the Town will accept the funds and earmark them for the purpose of footbridge lighting and/or
artwork.
Excess campaign funds must be disbursed prior to the end of the calendar year. If the Council
does not wish to accept the funds, then the Council Member would disperse them in another
manner consistent with the Fair Political Practices Act.
CONCLUSION:
Staff recommends that the Town Council adopt the proposed resolution.
FISCAL IMPACT:
The acceptance of the donation would contribute to funding for footbridge lighting and/or
artwork.
PAGE 2 OF 2
SUBJECT: ADOPT A RESOLUTION TO ACCEPT A DONATION FROM BARBARA SPECTOR
FOR INFRASTRUCTURE PURPOSES
DATE: DECEMBER 15, 2016
S:\COUNCIL REPORTS\2016\12-20-16\09 Donation\09 Staff Report FINAL.doc
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
CEQA:
This action is not a project under the California Environmental Quality Act and no
environmental review is required.
Attachments:
1. Solicitation and Donation Policy
2. Town of Los Gatos Donation Opportunities (FY16/17 List of Town Needs)
3. Draft Resolution
Title: Solicitation and Donation Policy I Policy Number: 2 -17
Effective Date: 1016115 Pages: 4
Zbling Actions: Revised Date:
roved:
PURPOSE
The purpose of this policy is to effect Town donations and solicitations in a manner that complies with
both the letter and spirit of California ethics laws and, within that that framework, to expand the
potential for community donations by establishing a mechanism by which individuals and organizations
may be more readily advised of donation opportunities.
SOLICITATION GUIDELINES
Targeted Solicitation
Targeted solicitation is defined as the direct petition or contact of specific individuals, companies,
foundations or other entities initiated by the Town Council and other elected officials, Council advisory
bodies, and Town employees herein called "Town Officials" for the purpose of receiving goods, services,
or other contributions for the Town. Targeted solicitation excludes the direct petition for government,
private, or non - profit grants for Council- approved programs, projects, and services. Unless prior
approval has been given by the Council, Town Officials shall not engage in targeted solicitation activities
on behalf of the Town.
BROAD OUTREACH GUIDELINES
Broad Outreach
Broad outreach is defined as the process of informing a broad spectrum of individuals, companies,
foundations, non - profit organizations, or other entities of donation opportunities through various
communication vehicles, including but not limited to written, electronic, or internet - related
publications, flyers, brochures, news releases, and television or radio announcements. Broad outreach
is permitted by the Town Manager or designee subject to the guidelines provided in this policy.
The following broad outreach guidelines apply when communicating a Town need for goods, services, or
other contributions:
Page: Policy Number:2 -17
Title: Solicitation and Donation 2 of4
Broad outreach must relate to a Town Council- approved purpose, service, project, or program.
Broad outreach for goods, services, or other contributions should be made by using a variety of
communication methodologies to ensure outreach to the entire community.
Donations shall not be made under the guise, pretense, or presumption of receiving official Town
endorsement or approval of the donating party, product, project, or activity.
PROCEDURE FOR ESTABLISHING COUNCIL APPROVED TOWN NEEDS
The Council shall direct the Town Manager to develop a list of recommended Town needs for donation
opportunities. Council consideration and approval of the list of Town needs may occur as part of the
annual operating and capital budget development process and can be amended by Council at any time.
DONATION ACCEPTANCE GUIDELINES
All goods, services, or other contributions offered by individuals, companies, foundations, non - profit
organizations, or other entities will be considered for acceptance or rejection, including items offered
for donation that are identified on a Council approved list of needs. The acceptance of all donations to
the Town will be based on the following guidelines.
Purpose of the donation.
Community or municipal need for the donation.
Compatibility of the donation with Los Gatos Municipal Code, policies, programs, and other
applicable laws.
Timeliness of the donation as it relates to implementation.
Level of benefit and financial impact to the Town.
All donations should be reviewed by the Town Manager or designee in advance of acceptance to ensure
consistency with established policy guidelines.
AUTHORITY TO ACCEPT DONATIONS
The authority to accept all donations is based on the market value of the donation as reasonably
determined.
Donations $25,000 and Under
The Town Manager or designee is authorized to accept or reject all minor donations that have a market
value equal to or less than $25,000.
Donations over $25,000
7
Title: Solicitation and Donation
The Town Council shall consider and accept or reject all major donations that have a market value
greater than $25,000.
Ongoing Annual Donations from 501(c)(3) Organizations dedicated to supporting specific Town
Departments in Offering Community Services:
Potential uses for donation funds will be discussed and agreed upon with the respective non-
profit bodies, in accordance with the Council approved Solicitation and Donation Policy.
Funds donated will be placed into accounts as designated by the Finance Director.
The departments may expend donated funds once received and deposited into the appropriate
account only for items identified on the Council approved Town of Los Gatos Donation
Opportunities List of Town Needs, which is approved annually with the Town's operating
budget.
At the end of each fiscal year, a written listing of items purchased from these accounts, in
accordance with the Donation Policy, shall be provided to the Town Manager and Town Council.
PROCEDURES FOR ACCEPTING MAJOR DONATIONS
For all major donations, a staff report, containing analysis based on the donation acceptance guidelines
established in this policy, will be written to guide the Council when considering major donations. The
report will also provide donation recognition alternatives for Council consideration should the donation
be accepted. The Council will determine on a case by case basis if the donation should be accepted or
rejected.
DONOR RECOGNITION GUIDELINES
Acceptance of donations shall be acknowledged by the Town. Donation recognition practices shall be
implemented in a consistent manner and adhere to Town Municipal Code, all applicable laws,
regulations, and policies. Recognition of donations will be determined by the Council or Town Manager
and shall be consistent with acceptance requirements of this policy and the guidelines set forth below:
Donations accepted by the Town may be acknowledged through one or more of the forms of
recognition as indicated below. Other forms of recognition may be approved by the Town Council via
resolution if compelled by special circumstances which shall be specified in the resolution.
Written and /or verbal recognition.
Public recognition at Town Council meetings.
Inclusion in Town public communication materials, such as electronic media and selected
publications.
Plaques.
Title: Solicitation and Donation
Plaques may be used to commemorate donations accepted by the Town from persons, businesses, and
organizations according to the following standards:
Plaques used for recognition purposes may be affixed to an appropriate Town facility, which includes,
but is not limited to a building or any portion thereof, structure, equipment, furniture or natural asset.
Plaques shall include the name(s) of the person(s) being recognized and applicable date, with standard
wording limited to:
The Town of Los Gatos recognizes and appreciates
his /her /their] donation to [identify facility].
The Town of Los Gatos recognizes and appreciates
organization] for its donation to [identify facility].
The Town of Los Gatos recognizes and appreciates
to [identify facility] in the name of
Or language acceptable to the Town Council.
and his /her family] for
business or
for [his /her /its] donation
The size of the plaque shall not exceed 8 "x10," unless the number of donors exceeds the allowable
space. For multiple donors, the names of the donors should be proportioned thereto, and the size of the
plaque shall not exceed four (4) square feet. The location, materials, size and color of plaques shall be
consistent with acceptance requirements of this policy or by Council on a case by case basis should
special circumstances exist, which shall be specified in a resolution. Unless compelled by special
circumstances and approved by the Town Council via resolution, Town facilities shall not be named after
an individual, group, organization or business as a result of any donated good, service, or other
contribution to the Town.
APPROVED AS TO FORM:
Robert Schultz, Town Attorney
TOWN OF LOS GATOS DONATION OPPORTUNITIES
FY 2016/17 LIST OF TOWN NEEDS
To ensure that all donations and contributions are sought and accepted in an ethical manner, the
Council established a Donation and Solicitation Policy. A list of Town needs was developed to
identify goods, services, and other contributions to enhance Town services, programs, and
events. The recommended needs for FY 2015/16 are:
PUBLIC SAFETY
Volunteer Program Materials and Equipment
Specialized Public Safety Equipment and Supplies, including Support for Canine
Program
Training Support for Public Safety Staff and Volunteers
Equipment, Supplies and Materials to support Police Operations
Community Outreach Program Supplies
LIBRARY SERVICES
Children, Youth, and Adult Program Collections, Supplies and Services
Library Book and Audio/Visual Collections
Funding to Support Technological Enhancements, including Digital Services
Equipment and Services to Support Historical Preservation Efforts
Resource support for Collection Development and Reference, Local History, and Library
Policy
SENIOR SERVICES
Senior Program Supplies, Materials, and Services
Cell Phone and other Telecommunications Equipment
COMMUNITY EVENTS
Supplies, Materials, and Services for Special Community and Volunteer Events and
Activities
Funding for or Donations of Public Art subject to Public Art Selection Policy
TOWN PARKS AND FACILITIES
Beautification Materials and Services for Town Parks, Open Space, and Infrastructure;
Land for Parks and Open Space
Contributions that Support Recreation or Expansion of Athletic Fields
Contributions for Public Improvements for Civic Center Deck and Facilities Housing
Museums of Los Gatos and Friend of Los Gatos Library
SUSTAINABILITY
Contributions to Help Minimize Impacts on Local, Regional, and Global Ecosystems
through Conservation, Reduced Pollution, Increased Efficiency, and Protection of
Wildlife, Vegetation, and other Ecosystems.
TECHNOLOGY
Equipment, Software and Services to Enhance Communication with the Public and
Organizational Productivity
RESOLUTION NO.
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
ACCEPTING A DONATION FROM BARBARA SPECTOR
FOR INFRASTRUCTURE PURPOSES
WHEREAS, on October 16, 2015, the Town Council adopted the Solicitation and Donation Policy; and
WHEREAS, the Policy allows the Town Manager to accept donations under $25,000 that are on an
approved Town Council donation opportunities list and approved through the Town’s annual Operating
and Capital Budget process; and
WHEREAS, Barbara Spector wishes to donate approximately $10,000 of excess campaign funds for
infrastructure purposes as identified in the Council approved donation opportunities list with specific
intent for footbridge lighting and/or artwork; and
WHEREAS, Cal. Gov't Code §§ 89510 et seq. allows for the donation of excess campaign funds for
legislative or governmental purposes and per the Town’s Policy, individuals may donate to the Town;
and
WHEREAS, the Town Council has determined that the proposed donation complies with the Town’s
Policy and approves the proposed donation; and
WHEREAS, the cash donation will be deposited into a separate footbridge donation revenue account.
NOW THEREFORE, BE IT RESOLVED by the Council of the Town of LG that a cash donation in the amount
of approximately $10,000 from Barbara Spector for footbridge lighting and/or artwork is hereby
accepted.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California,
held on the 20th day of December, 2016, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
Attachment 3