HomeMy WebLinkAbout4.06 Gifts to City CITY OF DUBLIN
• AGENDA STATEMENT
CITY COUNCIL MEETING DATE: August 28, 1989
SUBJECT Acceptance of Gifts to City - Report by Recreation
Director Diane Lowart
EXHIBITS ATTACHED A . Memorandum from Assitant City Attorney
RECOMMENDATION Accept Gifts and Direct Staff to Prepare a Formal
Acknowledgement to Donor
v
FINANCIAL STATEMENT: To date $1 , 205 has been received in cash
contributions -.
DESCRIPTION In recent months , the City ' s Recreation Department
has received cash contributions from service clubs or through fundraisers
which are earmarked to purchase specific equipment . They are as follows :
Amount Purpose Source
$505 Purchase of indoor/outdoor Fundraiser by parents of
climbing equipment for use preschool participants
in the Preschool Program
$200 Bookcase for Dublin Senior Dublin Women ' s Club
Center
$500 Glass Display Case for Rotary Club of Dublin
Senior Center
Prior to formal acceptance of these gifts , the City Attorney was asked to
advise staff on a procedure for acceptance of gifts of either cash
contributions or donations of fixed assets . In the attached memorandum
from Assistant City Attorney Elizabeth H . Silver , she states that pursuant
to Government Code Section 37354 , it is recommended that all contributions
be formally accepted by the City Council . Further she states that the City
Council is under no obligation to accept any gift but may do so if it
elects to do so .
As the gifts to the Recreation Department previously described are
desirable , it is recommended that the City Council accept these gifts and
direct staff to prepare a formal acknowledgement to the donor .
COPIES TO :
ITEM NO .
MEYERS, NAVE, RIBACK &WEST
MICHAEL R.NAVE A PROFESSIONAL LAW CORPORATION PENINSULA OFFICE
STEVEN R.MEYERS 1220 HOWARD AVE..SUITE 250
NATALIE E.WEST GATEWAY PLAZA
ELIZABETH H.SILVER 777 DAVIS STREET,SUITE 300 BURLIN - 94010-4211
(4
MICHAEL S.RIBACK SAN LEANDRO,CALIFORNIA 94577 (4(55 1) 4 8 342-00
FAX(4155348-
)342-0888
MOLLY T.TAM! (415)351-4300
ANNE E.MUDGE FAX(415)351-4481 MARIN OFFICE
MICHAEL F.RODRIQUEZ
1202 GRANT AVE-,SUITE E
NOVATO,CA 94945
OF COUNSEL MEMOR.,NDUM (415)892-8878
THOMAS F.BERTRAND 1
REPLY TO:
TO: Phillip S. Molina, Finance Director
FROM: Elizabeth H. Silver, Assistant City Attorney
RE: Gifts to City
•
DATE: August 14, 1989
By letter of August 7, 1989, you have asked several questions
regarding a cash contribution which was recently presented to a
city department head with the understanding that the money would
be used for a specific purpose. Following are my responses to the
questions you have asked.
1. Is the City required to accept a cash contribution?
The City is not required to accept a cash contribution or any
other- gift.
2 . Must the contribution be received by or formally accepted by
the City Council?
All gifts must be accepted, if at all, by the city council.
Government Code section 37354 .
3 . Must the City use money for the purpose that it was donated?
If a gift is made to the city, subject to certain
restrictions, and it is accepted by the city council, the gift
cannot be used for a different purpose. Government Code
section 37354; 45 Cal.Jur. 3d, Municipalities, section 285;
Hall v. Fairchild-Gilmore-Wilton Co. , 66 Cal.App. 615, 227
Pac. 649 .
4 . What obligations does the City have to make up short falls
between amounts contributed and actual costs?
If a gift is accepted for a specific purpose and it is not
sufficient to fund the program or item in question, the City
must use other city funds to make up the difference or hold
the money contributed until the income therefrom is adequate
for the specific purpose.
•
Phillip S. Molina, Finance Director
Re: Gifts to City
August 14, 1989
Page 2
5. Is the City re uired to accept a contribution of an asset or
other than cash: i.e. a fixed asset such as an old truck?
As indicated above, the City Council is not obligated to
accept any gift but may do so if it elects to do so.
6. What limitations can the City place on the acceptance of an
in-kind contribution. For example, if the swim club offered
to donate their time for construction if the City paid for the
material cost to upgrade the swimming pool deck?
Again, the City is not required to accept any gift, including
a contribution of labor. If it does accept such a
contribution which is conditioned upon a city contribution of
funds, the City will be committed to expending the funds if
the contribution of labor is made.
In conclusion, the recent gift should be returned to the donor
unless it is accepted by the City Council.
MEYERS, NAVE, RIBACK & WEST
gd-5
Elizabeth H. Silver
Assistant City Attorney
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