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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