Flag Pole Donation at Oak Meadow Park from LG Kiwanis�pW N 0
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DATE:
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FROM:
COUNCIL AGENDA REPORT
MAY 17, 2012
MEETING DATE: 05/21/12
ITEM NO: 3
MAYOR AND TOWN COUNCIL
GREG LARSON, TOWN MANAGER
SUBJECT: DONATION OF A FLAG POLE AT OAK MEADOW PARK FROM THE LOS
GATOS KIWANIS CLUB
RECOMMENDATION
1i
1. Accept the donation of a flag pole at Oak Meadow Park from the Los Gatos Kiwanis Club
2. Authorize the placement of appropriate donor recognition in compliance with the Town's
approved Donation and Solicitation Policy.
BACKGROUND
The Los Gatos Kiwanis Club has a long history of community service and support for the Town of Los
Gatos. In addition, recently deceased Kiwanian Paul Dubois has his own long history of service to Los
Gatos, including leadership of the Los Gatos Community Foundation and creation of the popular band
stand at Oak Meadow Park.
DISCUSSION
The Los Gatos Kiwanis Club obtained the large flag pole from the former Honda dealership on Los
Gatos Boulevard and made arrangements for its professional installation in Oak Meadow Park at a site
near the band stand that had been approved by Town staff. While the actual installation of the flag pole
was never approved or supervised by Town staff, the flag pole installation has since been reviewed,
inspected and certified, primarily through documentation provided by the professional firm which
handled the installation.
Town staff is awaiting additional plans and specifications for the proposed lighting on the site to enable
flying the United States Flag continuously. In addition, additional size and wind shear information is
required regarding the proposed flags to ensure that there are no resulting public safety or other
concerns. The installation of lighting or flying of larger flags will be prohibited until these required
reviews and inspections are completed.
PREPARED BY : GREG LARSON
Town Manger
Reviewed by: Assistant Town Manager Town Attorney Finance
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PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: DONATION OF A FLAG POLE AT OAK MEADOW PARK
MAY 17, 2012
DISCUSSION (cont'd)
The Town's Solicitation and Donation Policy, adopted April 21, 2008 (attached), requires Town Council
acceptance of all major donations with a market value greater than $25,000. The cost for the Town in
acquiring an equivalent flag pole and associated features would have clearly been greater than $25,000.
The Town's Solicitation and Donation Policy also limits the language and size of suitable recognition
for donations to the Town. In keeping with the Policy, Town staff recommends the Town Council
approve a recognition plaque no larger than 8" by 10" with one of the following wordings, or some
variation:
• The Town of Los Gatos recognizes and appreciates the Los Gatos Kiwanis for their
donation of the Oak Meadow Bandstand Flag Pole in memory and honor of Paul Dubois
The Town of Los Gatos recognizes and appreciates the Oak Meadow Bandstand Flagpole in
memory and honor of Paul Dubois
(with the Kiwanis logo underneath)
• In memory and honor of Paul Dubois
(with both the Town and Kiwanis logo underneath)
The acceptance of this donation and the approval of the appropriate recognition should have occurred
prior to installation of the flag pole, both to ensure public safety and for full compliance with the Town's
Solicitation and Donation Policy. Nonetheless, the initiative and commitment of the Los Gatos Kiwanis
now requires this after - the -fact consideration and action. Staff will continue working with the Kiwanis
and other service clubs and donors to ensure that the Town's Donation and Solicitation Policy is
complied with in advance of receipt of any intended donations.
CONCLUSION
Staff recommends that the Town Council accept the donation of a flag pole at Oak Meadow Park from
the Los Gatos Kiwanis Club, and authorize the placement of appropriate donor recognition in
compliance with the Town's approved Donation and Solicitation Policy. Staff will consult with the
Council Policy Committee regarding the appropriate wording on the plaque.
FISCAL IMPACT
There is no fiscal impact for the acquisition and installation of the Oak Meadow Bandstand Flag Pole or
associated lighting and signage, as those are being provided as donations by the Los Gatos Kiwanis
Club. Review and inspection of the proposed facilities is being absorbed by Town staff, which is
contrary to our usual practice of cost recovery for all development activities. The ongoing electricity
costs for lighting the flag pole outside of daylight hours will be a minimal ongoing utilities cost increase
within the Town Parks and Facilities budget.
Attachment
Solicitation and Donation Policy
COUNCIL POLICE'
TOWN OF LOS GATOS
Subject: SOLICITATION AND DONATION
POLICY Page 1 of 4 Enabling Actions:
Effective Revised Date:
Date: 4/21/2008
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:
■ 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 recommendeq Town needs for
donation opporhlnities. Council consideration and approvalsoflhe�J,st-,of'Po'iP ` ed - ' occur as
part of the annual operating and capital budget development process and canbe amended by Council
at any time.
DONATION ACCEPTANCE GUIDELINES
All goods, services, or other contributions offered byindividuals, 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.
® Puipose 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
The Town Council shall consider and accept or reject all major donations that have a market value
greater than $25,000.
Page 2 of 4
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 shalt 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.
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
for [his/her /their] donation to [identify facility].
■ The Town of Los Gatos recognizes and appreciates
organization] for its donation to [identify facility].
[business or
■ The Town of Los Gatos recognizes and appreciates for [his/her /its]
donation to [identify facility] in the name of
■ Or language acceptable to the Town Council.
[and his/her family]
Page 3 of 4
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: --"'
Tin Attorney
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Page 4of4
SOLICITATION AND DONATION POLICY FACE
FREQUENTLY ASKED QUESTIONS
Q: What does the Solicitation and Donation policy do?
A: The policy does the following:
• Restricts Town officials from engaging in targeted solicitation of
specific individuals, companies, businesses, foundations and other
entities. (Town officials are defined as elected and appointed officials
and employees)
• Establishes guidelines for the acceptance and recognition of
donations and naming of Town facilities.
Q: What does "targeted solicitation" mean?
A: Targeted solicitation is defined as the direct petition of contact of specific
individuals, companies, foundations, or other entities by Town officials for
the purpose of receiving goods and services.
Q: Does this mean that the Town cannot apply for a grant?
A: No. The policy specifically states that targeted solicitation excludes the
direct petition for government, private, or non - profit grants for Council
approved programs, projects, and services.
Q: Who can directly solicit for goods, services or other contributions on
behalf of the Town?
A: Unless authorized by the Town Council, Town officials cannot engage in
targeted solicitation activities on behalf of the Town. The Arts
Commission is the only appointed body that has been authorized by the
Town Council to engage in "targeted solicitation" and fundralse for the
Music in the Park program.
Q: Flow does the policy change the way the Town communicates its
donation needs to non - profit organizations /foundations and the
general public?
A: Town officials may not directly petition individuals or other entities and
request goods, services, or other contributions for the Town. Instead,
officials may share an established list of Town needs with interested
persons. The list of Town needs will be developed as part of the
FY2008/09 budget process.
Page 1 of 2
Q: If a member of the public or non-profit./foundation engages the Town
in a conversation about donation opportunities, can Town officials
share specific needs?
A: Yes. If members of the public or other entities engage -the Town in a
conversation about donation opportunities, Town officials may discuss
specific service /equipment needs. Town officials. should.also advise the
public about the list of Town needs established by the Council.
Q; Will all donations be accepted?
A: No. The acceptance of donations will be based on guidelines outlined in
the policy.
Q: Who is responsible for accepting /evaluating donations?
A: Donations that have a market value of $25.,OQQ or less will be considered
by the Town Manager. Donations with a market value of over $25,000 will
be considered by the Town Council. Major donations (those over $25,000)
will be agendized for Council discussion and should be accompanied by a
staff analysis along with recognition alternatives.
Q: How are donors recognized? Who determines the type of
recognition given to donors?
A: Donors may be acknowledged through verbal or written recognition, public
recognition at a Council meeting and/or inclusion in public information
materials. Donors may also be recognized with a plaque. Recognition of
donations will be determined by the Council or Town Manager and is
consistent with the acceptance requirements outlined in the policy.
Q: - Can Town facilities be named after an individual or organization?
A; Unless compelled by special circumstances, Town facilities shall not be
named after an individual, group, organization, or business as a result of a
donation to the Town.
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