HomeMy WebLinkAbout10 - Request by the Board of Library Trustees for an exception to Council Policy A-5, "Fund Raising/Contracts by City Boards, Commissions, or Committees"��WPoRT CITY OF
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<,FoaN'P City Council Staff Report
January 24, 2017
Agenda Item No. 10
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Tim Hetherton, Library Services Director - 949-717-3801,
thetherton@newportbeachca.gov
PREPARED BY: Tim Hetherton, Library Services Director,
thetherton@newportbeachca.gov
PHONE: 949-717-3810
TITLE: Request by the Board of Library Trustees for an exception to
Council Policy A-5, "Fund Raising/Contracts by City Boards,
Commissions, or Committees"
ABSTRACT:
The Library Board of Trustees has a number of responsibilities in managing the City's
library system. One of the Trustee's duties is to "Accept money, personal property or
real estate donated to the City for Library purposes, subject to the approval of the City
Council." The Trustees wish to participate in a fundraising effort for a lecture hall for
library activities. In order to participate, the Trustees need City Council approval.
RECOMMENDATION:
a) Determine that the action is exempt from the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines
because it will not result in a physical change to the environment, directly or
indirectly;
b) Allow a temporary exception to Council Policy A-5, "Fund Raising/Contracts by City
Boards, Commissions, or Committees" to allow the Board of Library Trustees to
assist in the collection of funds on behalf of the Newport Beach Public Library
Foundation for the specific purpose of the construction of a lecture auditorium on the
Central Library site.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
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Request for an exception to Council Policy A-5
January 24, 2017
Page 2
Council Policy A-5, "Fund Raising/Contracts by City Boards, Commissions, or
Committees" establishes the policy for fund raising for boards, commissions, or
committees. A-5 prohibits these bodies, which have been established by the City
Charter or by the City Council, from independently raising and collecting funds on behalf
of itself, any other board, commission, committee, or the City. The policy also stipulates
that donated funds should be generated by and collected through legally established
nonprofit groups and organizations which are independent of the City, such as the
Newport Beach Public Library Foundation. The policy allows for an exception, granted
by City Council, on a per project basis when circumstances justify the exception.
An exception to this policy allows the Board of Library Trustees to take an active role,
for a period of five years, in the development of a private fund raising program for the
specific purpose of the construction of a lecture auditorium on the Central Library site.
This action does not include a request for City Council to waive the prohibition on the
Board of Library Trustees from entering into any contract with any agency, group, entity
or individual without authorization from the City Council.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A: Council Policy A-5, "Fund Raising/Contracts by City Boards,
Commissions, or Committees"
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ATTACHMENT A
FUND RAISING f CONTRACTS BY CITY
BOARDS, COMMISSIONS OR COMMITTEES
PURPOSE
ksl
To establish the policy for fund raising or contracts for boards, commissions, or
committees, established by the City Charter or the City Council.
POLICY
Fund Raisin. No board, commission, or committee which has been established by the
City Charter or by the City Council, shall have the authority to independently raise and
collect funds on behalf of itself, any other board, commission, committee, or the City.
Any such funds shall be generated by and collected through legally established
nonprofit groups and organizations which are independent of the City. An exception to
this policy may be granted by the City Council on a per project basis when
circumstances justify the exception.
Contracts. No board, commission or committee which has been established by the City
Charter or by the City Council, shall have the authority to enter into any contract with
any agency, group, entity or individual without authorization from the City Council.
Amended - January 24,1994
Corrected - February 26,1996
Formerly F-18 and F-19
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