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Rules & Legislation Committee
November 17, 2022

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November 17, 2022
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5APPROVED AS TO FORM AND LEGALITY
________________________
CITY ATTORNEY’S OFFICE

OAKLAND CITY COUNCIL
RESOLUTION NO. _______________ C.M.S.

RESOLUTION TO 1) AUTHORIZE THE CITY ADMINISTRATOR TO

ACCEPT GRANTS, GIFTS, AND DONATIONS OF MONEY FROM THE

OAKLAND PARKS AND RECREATION FOUNDATION IN AN AMOUNT
UP TO $750,000 EACH FISCAL YEAR THROUGH JUNE 30, 2025 IN A TOTAL AMOUNT NOT TO EXCEED $2,250,000 FOR THE THREE-YEAR PERIOD; 2) APPROPRIATE SAID FUNDS FOR THE OAKLAND PARKS, RECREATION AND YOUTH DEVELOPMENT DEPARTMENT; 3)

AUTHORIZE THE CITY ADMINISTRATOR TO CREATE A NEW FUND
FOR THESE APPROPRIATIONS; AND 4) AUTHORIZE THE CITY

ADMINISTRATOR TO ACCEPT GOODS AND IN-KIND SERVICES

FROM THE OAKLAND PARKS AND RECREATION FOUNDATION
VALUED IN AN AMOUNT UP TO $250,000 EACH FISCAL YEAR
THROUGH JUNE 30, 2025 IN A TOTAL AMOUNT NOT TO EXCEED
$750,000 FOR THE THREE-YEAR PERIOD
WHEREAS, the Oakland Parks and Recreation Foundation (“OPRF”) is a nonprofit organization dedicated to providing financial and volunteer resources and advocacy for recreation programs and parks in Oakland and improving the quality of life for all Oakland residents and others who utilize these facilities; and
WHEREAS, OPRF provides the Oakland Parks, R ecreation and Youth Development Department (OPRYD) donations throughout the year and OPRYD depends on these grants, gifts and donations to fund projects and programs that supplement the City of Oakland’s budget; and WHEREAS, the City Council wishes to encourag e the offering of grants, gifts and donations from OPRF and to facilitate the timely acce ptance and use of such grants, gifts and donations in support of the City; and
WHEREAS, pursuant to Oakland Municipal Code (“OMC”) section 2.04.160 (“Acceptance, appropriation and expenditu res from restricted gift proceeds ”), the City Administrator is delegated limited authority to accept gifts and donations to the City up to $50,000 without City Council action provided that: (1) the gift/donation does not create unbudgeted costs for the City, (2) the gift/donation is for a program or project that has been approved by the Council in the biennial or mid-cycle operating or Capi tal Improvement Program (CIP) budget, or by City Council legislation during the fiscal year, and (3) the gift/donation or proceeds therefrom are used in accord with restrictions and/or special conditions of the donor; and ________________________
CITY ATTORNEY’S OFFICE
CIL
2 WHEREAS, given the volume of OPRF donations, OPRYD seeks a solution to streamline and simplify the acceptance of gifts and donations from OPRF and is therefore seeking authority to accept donations from OPRF that are valued over the $50,000 threshold or that do not meet the criteria in section 2.04.160 in a cumulative valued amount not to exceed $750,000 per fiscal year through June 30, 2025; and

WHEREAS, the grants, gifts, and donations receiv ed from OPRF will be reported in the annual report to City Council from OPRYD;
and

RESOLVED: That the City Administrator is hereby authorized to accept grants, gifts and donations of money from the OPRF in an amount up to $750,000 each fiscal year for fiscal years 2022-2023, 2023-2024, and 2024-2025, in a total amount not to exceed $2,250,000 over the three fiscal years and appropriate said funds for OPRYD; and be it

FURTHER RESOLVED: That the City Council hereby authorizes the creation of a new Fund for the OPRF grants, gifts, and donations of money; and be it

FURTHER RESOLVED: That the City Council here by appropriates for OPRYD said funds received from OPRF into the new Fund created for this purpose and into Project(s) To Be Determined; and be it

FURTHER RESOLVED : That the City Administrator is hereby authorized to accept grants, gifts and donations of goods and in-kind services from the OPRF in an amount up to $250,000 each fiscal year for fiscal years 2022-2023, 2023-2024, and 2024-2025, in a total amount not to exceed $750,000 over the three fiscal years; and be it

FURTHER RESOLVED: That any unused authority to accept and appropriate money funds or in-kind services in each fiscal year will roll over to the next fiscal year through fiscal year 2024-2025.

IN COUNCIL, OAKLAND, CALIFORNIA,

PASSED BY THE FOLLOWING VOTE:

AYES - FIFE, GALLO, KALB, KAPLAN, REID, TAYLOR, THAO AND

PRESIDENT FORTUNATO BAS
NOES –
ABSENT –
ABSTENTION –

A T T E S T :

ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California

3209940v6/ARM

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