3.�pW N OR
41tl
DATE:
TO:
FROM:
MEE'T'ING DATE: 04/01/13
ITEM NO:
COUNCIL AGENDA REPORT
MARCH 27, 2013
MAYOR AND TOWN COUNCIL
GREG LARSON, TOWN MANAGER
SUBJECT: CONCEPTUAL APPROVAL AND CONDITIONS FOR DONATION OF A
PERMANENT STAGE AT THE LOS GATOS CIVIC CENTER
RECOMMENDATION:
Conceptually approve the acceptance of donation of a permanent stage at the Los Gatos Civic Center
subject to certain conditions established by the Town.
BACKGROUND:
Every Summer Town staff erects a large temporary stage next to the old library building at the edge of
the Civic Center front lawn and semicircular pathway. The stage is primarily used for the Sunday
Music in the Park series, but is also available and periodically used by other summer activities including
the annual July 4th Celebration, Kiwanis Fiesta des Artes, and the Library Summer Reading Program.
Los Gatos Music & Arts, the non-.profit contractor for the Town which manages the Music in the Park
series, as well as Jazz on the Plazz, previously requested consideration of purchasing a new stage or
installing a permanent one at the Los Gatos Civic- Center. Parks & Public Works was supportive of a
permanent stage so as to reduce staff workloads, maintenance and safety concerns, as well as making the
facility available to other events through the year (e.g., annual Seniors Luncheon,,, Police Recognition
Lunch, other Library programs, etc.) Los Gatos Music & Arts believed it had or could raise funding for
a new stage subject to the Town's approval, but then did not pursue the proposal further.
Existing Town Policy regarding the solicitation, acceptance and recognition of contributions and
donations are specified in the Town Council approved Solicitation and Donation Policy (attached).
PREPARED BY: GREG LARSON
Town Manager
Reviewed by: Assistant Town Manager Town Attorney Finance
N:\MGR \AdminWorkFiles\2013 Council Reports \4- 1- 13.Civic.Center.stage,doc
PAGE 2
MARCH 27, 2013
MAYOR AND TOWN COUNCIL
SUBJECT: CONCEPTUAL APPROVAL AND CONDITIONS FOR DONATION OF A
PERMANENT STAGE AT THE LOS GATOS CIVIC CENTER
BACKGROUND (cont'd):
In addition, Town staff has administrative practices and standards for the acceptance of contributions for
park benches and tables. According to existing policies and practices, Town facilities are not named
after any individual; instead, donors are recognized with plaques of specified sizes and wording, unless
otherwise approved by Council. Further, all donations over $25,000 must be approved by the Town
Council.
DISCUSSION:
Los Gatos Music & Arts has resurrected its prior request for consideration of a permanent stage to
mimic the temporary stage at the Civic Center, to be funded by community contributions. Parks &
Public Works remains supportive of a permanent stage for the reasons outlined above. In addition, with
the potential lease of the old library space to both the Museums of Los Gatos and the Friends of the Los
Gatos Library, there are additional potential users of the stage.
Although the Town Manager could accept the donation of a permanent stage at the Civic Center if it is
less than $25,000, the matter is being referred to the Town Council for review and action given the
prominence of the Civic Center. Conceptual approval is recommended at this time with final approval
to be after additional information (e.g., cost, timing, design) is developed and provided to fulfill the
analysis required by the Donation and Solicitation Policy.
A number of specific conditions could be adopted by the Council with conceptual approval of
construction of a permanent stage at the Civic Center.
1. Outreach — Town staff and Los Gatos Music & Arts will seek input from other prospective
users of the stage at the Civic Center, including the Museums of Los Gatos, Kiwanis Fiesta des Artes,
Los Gatos Library and Friends of the Library, Police Foundation, and the Los Gatos Recreation &
Education Department.
2. Design =The location and design of the permanent stage should mimic the temporary stage and must
be approved by the Town Council prior to construction.
3. Funding — The entire cost of the permanent stage, other than land, will be funded through donations,
including all design, review, permitting, construction and inspection costs.
4. Policies — The donated permanent stage will comply with all Town policies regarding donations,
memorials and recognition.
CONCLUSION:
Staff recommends that the Town Council conceptually approve the acceptance of donation of a
permanent stage at the Los Gatos Civic Center subject to certain conditions established by the Town.
PAGE 3
MARCH 27, 2013
MAYOR AND TOWN COUNCIL
SUBJECT: CONCEPTUAL APPROVAL AND CONDITIONS FOR DONATION OF A
PERMANENT STAGE AT TIDE LOS GA'TOS CIVIC CENTER
ENVIRONMENTAL ASSESSMENT:
Is not a project under CEQA requiring environmental review.
FISCAL IMPACT:
There is no fiscal impact, as all one -time costs would be covered by donations and ongoing costs are
estimated to be less than current with a temporary stage.
Attachments:
1. Solicitation and Donation Policy
THis PAGE
INTENTIONALLY
LEFT BLANK
COUNCIL POLICY
TOWN OF LOS GATOS
Subject: SOLICITATION AND DONATION
POLICY Page I of 4 Enabling Actions:
'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 comet. 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 GUIDELM'S
Broad Outreach
Broad outreach is defined as the process of informing a broad specti UM 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 inteinct-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 b ' road 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.
ATTACHMENT 1
x Broad outreach for goods, services, or other contributions should be made byusing a variety of
communication methodologies to ensure outreach to the entire community.
m Donations shall not be made under the guise, pretense, or presumption of receiving official
Town endorsement or approval of the donating party, product, proj ect, 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 opportunities. Council consideration and approval�flhe j.f�t-of T-O'`v���t e at' occur as
part of the annual operating and capital budget development process and caribe 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.
m Puipose of the donation. .
a Community or municipal need for the donation.
® Compatibility of the donation with Los Gatos Municipal Code, policies, programs, and other
applicable laws.
a 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
PROCEDURIES FOR ACCEP' I G 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 Couiacil will determine on a case by case basis if the donatioii
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 maybe 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 acrown Council meetings.
Inclusion in Town public communication materials, such as electronic media and selected
publications.
Plaques.
Plaques may be used to conimernorate 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 narne(s) of the person(s) being recognized and applicable
date, with standard wording limited to:
The Town of Los Gatos recogmizes and appreciates [and his/her family]
for [his/her /their] donation to [identify facility].
The Town of Los Gatos recognizes and appreciates ._ [business or
organization] for its donation to [identify facility].
W The Town of Los Gatos recognizes and appreciates
donation to [identify facility] in the name of —
0 Or language acceptable to the Town Council.
for [his /her /its]
Page.3 of
The size of the plaque shall not exceed 8 "x1 Q," 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 he 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, seivice,
or other contribution to the Town.
APPROVED AS TO FORM:
T* Attorney
MMOMAdminMastersTouneD Podoic0oheitation and Donation,doo
Page 4 of 4
0SOLICITATION AND DONATION POLICY FAQ
FREQUENTLY ASKED QUESTIONS
Q: What does the Solicitation and Donation policy do?
A: The policy does the following:
U 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)
N 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 set-vices,
0: 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.
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 fundraise for the
Music in the Park program.
Q. 1-low does the policy change the way the Town coinmunicates its
donation needs to non-profit arganizations/foundations and the
general public?
A: Town officials may riot 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 pail 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 e.ngage.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 establls�hed 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.
Cie flow 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,
N: \MQMAdminMasters \Council PoliciesTAQ Solicitation - Solicitation and Donation Pollcy.doc
Page 2 of 2