HomeMy WebLinkAbout14 - Request to Waive City Council Policy A-5, Fund Raising/Contracts by City Boards, Commissions, or CommitteesPO CITY OF
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City Council Staff Report
January 12, 2016
Agenda Item No. 14
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
PHONE: (949) 717-3810
TITLE: Request to Waive City Council Policy A-5, Fund Raising/Contracts
by City Boards, Commissions, or Committees
ABSTRACT:
The City's Arts Commission requests the City Council waive City Council Policy A-5,
"Fund Raising/Contracts by City Boards, Commissions or Committees" in order to
pursue public/private partnerships for art throughout the City.
RECOMMENDATION:
Staff requests that City Council waives Council Policy A-5, Fund Raising/Contracts by
City Boards, Commissions, or Committees, and allow the City Arts Commission to
independently raise and collect funds on behalf of itself for arts programming and
projects in the City of Newport Beach.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
The City Council has requested (In April 2014 and November 2014) that the City's Art
Commission explore the possibility of public/private partnerships and fundraising
opportunities. 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 Arts Foundation. The policy allows for an exception,
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Request to Waive City Council Policy A-5, Fund Raising/Contracts by City Boards,
Commissions, or Committees
January 12, 2016
Page 2
granted by City Council, on a per project basis when circumstances justify the
exception.
A waiver of this policy would allow the City Arts Commission to take an active role in the
development of a private fund raising program. Funds raised would augment those
raised by the Newport Beach Arts Foundation, and would be used for all arts
programming and projects in the City of Newport Beach. These programs/projects
include the Sculpture Exhibition in Civic Center Park, the Newport Beach Art Exhibition,
Concerts on the Green, Shakespeare by the Sea, Joan Irving Brandt Centennial and the
Murals Under the Stars program. In addition the funds could be used to expand public
arts programming and projects in the City without sole reliance on public funds.
This action does not include a request for City Council to waive the prohibition on
boards, commissions, or committees 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
A-5
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 Raising. 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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