CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report

July 2, 2018
CONSENT AGENDA

TO: Honorable Mayor and City Council Members

SUBMITTED BY: Paul Tomasi- Director of Public Safety

APPROVED BY: Chip Rerig, City Administrator

Resolution No. 2018-069, Accepting a donation of two electric bicycles from BMW of
SUBJECT:
Monterey to the Police Department.

RECOMMENDATION:
Adopt Resolution No. 2018-069, Accepting a donation of two electric bicycles from BMW of Monterey to the
Police Department.

BACKGROUND/SUMMARY:
Paul Giovino, the General Manager for BMW of Monterey who is also on the Board of the Carmel Chamber of
Commerce offering the donation of two electric bicycles through a program offered by BMW for environmental
community outreach. The bicycles would be donated and used by the Carmel Police Department as an
alternate form of patrol allowing officers to utilize bicycles whenever possible and for use during special events.

Per Council Policy 2017-02 "City Council Donation and Gift Policy":

Offers of donations of cash or items valued at $2,500 or more must be accepted by the City Council.

Staff has reviewed the offered donation according to the provisions stipulated in policy C2017-02 and are
recommending that the Council accept the donation of electric bicycles.
FISCAL IMPACT:
There are no fiscal impacts associated with this item.

PRIOR CITY COUNCIL ACTION:

There is no prior Council action specific to the proposed matter.

ATTACHMENTS:

Resolution 2018-069, Accepting a Donation of Electric Bicycles.

Attachment 2 - Policy 2017-02
 CITY OF CARMEL-BY-THE-SEA Attachment 1
CITY COUNCIL

RESOLUTION NO. 2018-069

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA ACCEPTING A

DONATION OF TWO ELECTRIC BICYCLES FROM BMW OF MONTEREY TO THE CARMEL POLICE
DEPARTMENT.

WHEREAS, BMW of Monterey General Manager, Paul Giovino who is also a board member for the
Carmel Chamber of Commerce is offering two electric bicycles for the Carmel Police Department; and

WHEREAS, these bicycles were obtained through a program offered by BMW to provide bicycles for
environmental community outreach; and

WHEREAS, theses bicycles would add additional bicycles to the police departments bicycle patrol
program.

WHEREAS, the City’s Policy C89-41, Acceptance of Donations and Gifts to the City, requires City
Council accept all gifts in excess of $500 by Resolution of the City Council.

NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-
THE-SEA DOES HEREBY:

Accept the donation by BMW of Monterey of two electric bicycles for use by the Carmel Police
Department’s bicycle patrol team.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this
2nd day of July, by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

SIGNED: ATTEST:

______________________ _________________________
_ Steve G. Dallas, Mayor Thomas A. Graves, MMC
City Clerk
 Attachment 2

City of Carmel-by-the-Sea
CITY COUNCIL
DONATION AND GIFT POLICY
______________________________________

Policy 2017-02

Office of the City Administrator

Carmel-by-the-Sea, CA 93921

 
 Attachment 2
GENERAL

INTRODUCTION
The City welcomes unrestricted donations as well as restricted donations that enhance City services,
reduce costs that the City would incur in the absence of the donation, or that otherwise provide a
benefit to the City. This policy is intended to establish uniform criteria and procedures guide the review
and acceptance of such donations, confirm that the City has relevant and adequate resources to
administer such donations, and ensure that the City appropriately acknowledges the generosity of the
donor.

PURPOSE
The purpose of this policy is to establish a formal process for the acceptance and documentation of
donations made to the City in a responsible, transparent, and accountable manner.

SPECIFIC OBJECTIVES

 To establish and guide relationships with donors who share the City’s commitment to
provide a high quality civic environment;
 To enrich our community by responsibly and efficiently managing donations; and
 To generate revenue to fund new and existing facilities, projects, programs and activities for
the benefit of the City and its residents

DEFINITIONS

For the purposes of this Council policy:

Donation shall mean a monetary (cash) contribution, endowments, personal property, real property,
financial securities, equipment, in-kind goods or services, or any other asset that the City has accepted
and for which the donor has not received any good or services in return. For the purposes of this policy,
the terms “donation” and “gift” shall be synonymous.

Donor shall mean an individual or legal entity that proposes or provides a donation to the City.

Donation Agreement shall mean an agreement between the City and the donor that details any
restrictions on a donation as well as the respective obligations of the donor and the City.

Endowment shall mean donations that are restricted to the extent that only earnings, and not principal,
may be used for a particular City department, location, or purpose.

Restricted donation shall mean donations designated at the request of the donor for a particular City
department, location, or purpose.

Unrestricted donation shall mean a donation to the City without any limitations being placed upon its
use.

 
PROVISIONS Attachment 2

This Council policy is intended to guide the manner in which City staff accepts donations on behalf of
the City. Donations do not become the property of the City until accepted by the City consistent with
this Council policy. Only the Council or City Administrator or his/her designee may accept donations.
The City may decline any donation without comment or cause. All donations will be evaluated by the
City prior to acceptance to determine whether the donation is in the City’s best interest and is
consistent with applicable City laws, policies, ordinances, and resolutions.

The City does not provide legal, accounting, tax or other such advice to donors. Each donor is
ultimately responsible for ensuring the donor’s proposed donation meets and furthers the donor’s
charitable, financial, estate planning goals.

The City must determine whether an expenditure of City funds, either a direct outlay of City funds or the
use of City forces and materials, is associated with and or required by the acceptance of the donation
prior to the acceptance. A donor may restrict a donation for a particular City department, location, or
purpose, but not designate the City Official who may use the donation.

Potential costs and liabilities will be considered if a donation of personal property or of a service does
not include the same indemnification, insurance, bonding, or warranties that the City would normally
receive through procurement of personal property or services. Real property may be donated to the
City provided that it will not expose the City to an unreasonable risk of litigation or liability, because of
the physical condition of the property or existence of claims, liens, and encumbrances against the
property.

Donations may not be used to implement new on-going programs or services, unless a permanent
source of revenue is identified to support the program or service. The donation must be used for official
City business, and not for political activities or other personal business.

If required, the City will report a donation made to the City to the Fair Political Practices Commission
(FPPC) in accordance with the timelines and directives described in title 2, section 18944 of the
California Code of Regulations. If a donation to the City is made at an elected City official’s behest from
a single source in a calendar year, and the donation meets or exceeds the amount established by the
FPPC, the elected City official must file a FPPC Form 803 with the City Clerk disclosing this
information.

The Council or City Administrator or his/her designee is responsible for acknowledging the receipt of
donations and thanking, on behalf of the City, donors of donations. The City shall comply with all
applicable laws and regulations of the Internal Revenue Service regarding the acceptance of donations.

PROCEDURES

ACCEPTANCE OF UNDESIGNATED DONATIONS OF CASH OR TANGIBLE ITEMS

All donations to the City shall immediately be submitted for consideration for acceptance. Based on the
value of the donation offered as outlined below, appropriate City staff shall review donations and
determine if the benefits to be derived warrant acceptance of the donation. The following points list the
threshold amounts for donation acceptance.

 Offers of donations of cash or items valued at $2,499 or below may be accepted by the City
Administrator or his/her designee.
 Offers of donations of cash or items valued at $2,500 or more must be accepted by the City
Council.

Donations valued at more than $10,000 shall be accepted through a written donation agreement
consistent with these guidelines and approved by the City Council.
 
 ACCEPTANCE OF DESIGNATED DONATIONS OF CASH OR TANGIBLE ITEMS Attachment 2

Based on the value of the donation offer as outlined above, appropriate City staff will review the
conditions of any designated donation and determine if the benefits to be derived warrant acceptance
of the donation. Criteria for the evaluation include but are not limited to:

 Consideration of an immediate or initial expenditure is required in order to accept the donation;

 The potential and extent of the City’s obligation to maintain, match, or supplement the donation.

ACKNOWLEDGEMENT OF DONATIONS

A Donation Acceptance Form is required to be completed by the receiving Department Director or the
City Administrator’s Office for all donations provided to the City.

Acknowledgement of the donation should be in writing and be the responsibility of the Department
Director who is the beneficiary of the donation. Undesignated donations shall be acknowledged by the
City Administrator. A copy of the acknowledgement should be forwarded to donors.

The Donor Acceptance Form including the donor names and donation amounts are public information
subject to disclosure pursuant to the California Public Records Act.

Recognition for significant donation to large capital campaigns considered on a case by case basis.

DECLINED DONATIONS

The City of Carmel-by-the-Sea reserves the right to decline any donation if, upon review, acceptance of
the donation offer is determined in the sole discretion of the City to be not in the best interests of the
City.

DISTRIBUTION OF DONATION

Tangible items with a value of less than $2,500 will be distributed to appropriate City departments for
use or, at the discretion of the Department Director or City Administrator, disposed of in an appropriate
manner according to this policy.

Donations of cash for designated donations of less than $2,500 will be deposited into the appropriate
revenue and expenditure account for the designated City department.

Donations of cash for of $2,500 or more require Council approval and will include a budget adjustment
approved by Council recognizing the unanticipated revenue and appropriating the donation to the
appropriate expenditure account, be it an existing capital project or department operating program.

DISSEMINATION OF INFORMATION

A copy of each Donation Acceptance Form for accepted donations shall be forwarded for information to
the Finance Department and the designated department for which the donation was assigned, along
with the corresponding authorizing resolution and budget adjustments as applicable.

Each original Donation Acceptance Form shall be maintained by the City Clerk’s Office.

 
 Attachment 2
City of Carmel-by-the-Sea
DONATION ACCEPTANCE FORM

Name of Donor: _____________________________________________________________________

Address:_______________________________ City: ________________ State: ______ Zip: ________

Description of donation:

Donor estimate of current value: _________________________________________________________

Potential immediate or initial acquisition or installation cost, any on-going maintenance or

replacement cost:

Intended use:

Conditions of acceptance or donor designation:

Remarks:

APPROVED / DISAPPROVED

Date City Administrator Signature

Date Submitted to Council Date Approved by Council

Date Mayor Signature

NOTE: The City of Carmel-by-the-Sea cannot guarantee future funding for repair, maintenance, use or
replacement of donated items.