STAFF REPORT
TO: Mayor and Members of the City Council
FROM: Dan Barros, City Manager
Christopher Diaz, City Attorney
MEETING DATE: February 25, 2026
SUBJECT: Study Session: Resolution No. 1996-16 Regarding Procedures for Get-Well Packages and Remembrances and Discussion of Other Town Practices regarding Birthdays and Anniversaries
RECOMMENDATION
This study session is intended to provide the City Council with an opportunity to discuss Resolution No. 1996-16 regarding get-well packages and remembrances and to provide direction to staff regarding potential updates to the policy.
In addition, the City Council may also want to discuss other Town practices where flowers or other gifts are provided to celebrate milestone birthdays and anniversaries in the Town.
Currently, Town staff believes this practice is not currently set out in a policy and Council may want to discuss formalizing this practice.
COUNCIL ADOPTED VALUES
This item is consistent with the Council’s adopted values of responsibility, fiscal stewardship, and transparency. Direction provided during this study session will ensure the continued prudent use of public resources and alignment with current community standards and financial conditions.
BACKGROUND
On February 14, 1996, the City Council adopted Resolution No. 96-16, establishing policies and procedures for sending get-well packages and remembrances on behalf of the Town.
The Resolution authorizes the Town to:
•Send a plant, flowers, food basket, or similar item (not to exceed $50) to residents or employees who are hospitalized or suffer a major illness.
AGENDA ITEM #4
•Send a plant, flowers, or charitable donation (not to exceed $100) in remembrance of a resident, employee, or business owner.
•Require flower orders to be placed with a flower shop located within the Town limits on a rotating basis.
•Require that all items include a card stating it is from the “Town of Colma,” without listing individual elected officials or staff.
•Assign administration of the program to the City Manager or designee, with Council notification of gifts provided.
The Resolution further states that these expenditures benefit the Town as a whole and do not constitute a gift of public funds.
The policy has remained unchanged since its adoption nearly 30 years ago.
Additionally, the Town has a practice of providing small gifts, flowers, etc. to residents for milestone birthdays and anniversaries but the practice is not set out in policy. Because this practice raises gift of public funds issues, the Town may want to develop a policy to document public purpose findings and to memorialize this practice.
ANALYSIS
Resolution No. 1996-16: Regarding Procedures for Get-Well Packages and Remembrances
Given the passage of time since adoption, Council may wish to reconsider several aspects of the policy:
1. Monetary Limits
The maximum amounts established in 1996 ($50 for get-well items and $100 for remembrances) have not been adjusted for inflation. Council may wish to consider:
•Reviewing the dollar limits to reflect current market costs while being mindful of the gift reporting obligation for employees as discussed below;
•Establishing a periodic review mechanism;
•Maintaining current limits for fiscal conservatism.
Because this policy applies to employees, the City Council should be aware that most employees may have to report any gift provided to them in excess of $50. There are two exceptions to the gift rules. The first is that any gift given for bereavement purposes related to an employee’s spouse, parent, child, sibling, or other relative is not subject to gift reporting. See, FPPC Regulation 18942(a)(16). Second, any personalized plaque or trophy to an employee under $250 would also be exempt from gift reporting. See, FPPC Regulation 18942(a)(6). There are no other exceptions applicable.
2. Vendor Requirements
The Resolution requires flower purchases from businesses located within Town limits on a rotating basis. Council may consider:
•Developing a fair and clear process as to how vendors are chosen and selected to be on the Town’s list.
•Whether sufficient qualifying vendors currently operate within Town limits; •Expanding vendor eligibility (e.g., broader geographic area, online vendors); •Maintaining the local preference to support local businesses.
3.Eligibility Criteria
The current Resolution applies to:
•Residents
•Employees
•Business owners (for remembrances)
Council may wish to clarify:
•Whether former employees qualify;
•What constitutes “major illness”;
•Whether hospitalization is required.
4. Administrative Process
Council may wish to discuss:
•Whether Council notification procedures should be formalized; •Record-keeping requirements;
•Annual reporting to ensure transparency;
•Delegated authority thresholds.
5. Form of Remembrance
The policy currently allows:
•Plants
•Flowers
•Food baskets
•Charitable donations (for remembrances)
Council may consider:
•Allowing alternative culturally appropriate remembrances; •Standardizing donation amounts;
•Providing flexibility based on family preference.
6.Legal Considerations
The Resolution states that these expenditures are not a gift of public funds and a public purpose is served because the policy benefits the Town as a whole. While courts usually give deference to a local agency’s determination as to what serves as a public purpose, the Council may want to find a way to make these gifts public facing and allow for a more transparent process as to how individuals or families are selected for potential gifts or remembrance.
Overall, Council may wish to reaffirm the public purpose findings and develop a more transparent process of selection.
Other Town Practices regarding Birthdays and Anniversaries The Town also has a practice of sending flowers and other small gifts to honor milestone birthdays and anniversaries of residents in Town. Currently, there is no policy on this practice.
Because this practice raises gift of public funds issues, it is recommended that this practice be set out in policy so that public purpose findings can be established.
FISCAL IMPACT
This agenda item has no immediate unbudgeted fiscal impact.
If Council elects to increase expenditure limits, there may be minor increases to annual operating costs depending on frequency of use.
NEXT STEPS
Staff will take the Council’s direction and feedback.
ATTACHMENTS
A.Resolution 1996-16
RESOLUTION NO. 96-16
RESOLUTION ADOPTING POLICIES & PROCEDURES FOR
GET-WELL PACKAGES AND REMEMBRANCES
WHEREAS, the City Council deems it to be in the best interests of the Town of Colma to bestow the Town's wishes to residents and employees who have been hospitalized or have a major illness, and to remember those who have died;
WHEREAS, the City Council deems these types of expenditures to benefit the Town as a whole and not to be a gift of public funds; and
WHEREAS, the City Council deems it necessary and appropriate to adopt these guidelines for those who administer this program;
NOW THEREFORE, BE IT RESOLVED THAT:
1. The Town shall send a plant, flowers, a food basket, or some similar item(s) to each resident or employee who is hospitalized or suffers a major illness, the cost of which shall not exceed $50.
2. In remembrance of the death of a resident, employee or owner of a business, the Town shall send a plant, flowers or a donation to a charity selected by the next of kin, not to exceed $100.
3. If plants or flowers are ordered, all orders must be placed with a flower shop located within the limits of the Town of Colma. Orders will be placed in a rotation basis. A record will be maintained in the office of the City Clerk showing each such order, the date thereof, and the item(s) ordered.
1 ATTACHMENT A
4. Food baskets shall be ordered from any business who submits its name to the city manager, and the selection shall be made on the basis of price, quality and reliability.
5. All items being sent shall include a card stating that it was from the "Town of Colma." No names or titles or any elective official or employee shall be placed on the card.
6. The city manager or designee shall administer this program. Staff shall notify the Council of all gifts under this program, and council members shall notify staff of persons who qualify under this program.
I certify that the foregoing Resolution No. 96-16 was duly adopted at a regular meeting of the City Council of the Town of Colma held on February 14, 1996, by the following vote:
AYES:
NOES:
ABSTENTION.S:
ABSENT:
NOT PARTICIPATING:
ATTEST:
Council members Lum, H. Fisicaro, Brodzin, Vallerga,
Mayor D. Fisicaro
None
None
None
1~J~2
City Clerk
colma\reso\96-16
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