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HomeMy WebLinkAbout23 - Visit Newport Beach, Inc. Fiscal Year 2023-24 Budget SupplementalQ �EwPpRT CITY OF s NEWPORT BEACH `q44:09 City Council Staff Report August 22, 2023 Agenda Item No. 23 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Tara Finnigan, Assistant City Manager - 949-644-3001, tinnigan@newportbeachca.gov PREPARED BY: Melanie Franceschini, Management Analyst mfranceschini@newportbeachca.gov PHONE: 949-644-3028 TITLE: Visit Newport Beach, Inc. Fiscal Year 2023-24 Budget Supplemental ABSTRACT: At the July 25, 2023 City Council meeting, the City Council asked that Visit Newport Beach, Inc., a business unit of Newport Beach & Company, provide additional information related to the personnel costs referenced in its FY 2023-24 budget. RECOMMENDATIONS: a) Determine this 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 this action will not result in a physical change to the environment, directly or indirectly; and b) Receive and file. DISCUSSION: At the July 25, 2023 City Council meeting, Visit Newport Beach, Inc., a business unit of Newport Beach & Company, submitted its FY 2023-24 budget for the City Council's review. Mayor Pro Tern Will O'Neill requested Newport Beach & Company provide additional information regarding the annual budget. The request included a detailed breakdown of its personnel costs, formatted to the likeness of the City's personnel cost breakdown in its annual budget. Staff contacted Newport Beach & Company to request the supplemental budget information. In response, Newport Beach & Company provided the City of Newport Beach with a letter (Attachment A) dated August 11, 2023, explaining that its Board of Directors determined the organization could not fulfill the City's request due to employee privacy concerns. FISCAL IMPACT: There is no fiscal impact related to this item. 23-1 Visit Newport Beach, Inc. Fiscal Year 2023-24 Budget Supplemental August 22, 2023 Page 2 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). ATTACHMENT: Attachment A — Letter 23-2 ATTACHMENT A E ILL' W PORT BEACIA & COMPANY August 11, 2023 Tara Finnigan, Assistant City Manager City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 tfinniganknewportbeachca. gov RE: Newport Beach and Company's Response to City of Newport Beach's Inquiry Dear Ms. Finnigan: Newport Beach and Company values its long-standing contractual relationships with the City of Newport Beach (City), and we pride ourselves on working collaboratively with the City and our community partners to create and execute marketing plans that strengthen the Newport Beach brand. Our Board of Directors (Board) recently discussed the City's request for access to our organization's private employee files, and respectfully we are unable to acquiesce to this request. As you know, Newport Beach and Company is a private, non-profit organization that is operated under the supervision, and at the direction, of our professional and dedicated Board. We are not presently, nor have we ever been, an arm of City government. In fact, our agreement(s) with the City clearly state the City retains Newport Beach and Company "on an independent contractor basis and [Newport Beach and Company], its board members and staff are not an agent or employee of the City." Our dedicated employees are in the private sector and our employees are not enrolled in any government retirement programs like Ca1PERS. Employee compensation is established by the Board to be competitive within the private destination marketing and tourism industry. Furthermore, our finances are audited annually, and a report is prepared and given to the City, which includes information on overall compensation provided within our organization. Our employees, like any private sector employees, value their privacy and we are sure that you can appreciate the Board's reluctance to violate this trust by sharing confidential salary information with the City or anyone else. We know that the City contracts with a number of other private organizations, and we are not aware of a similar request for salary disclosure with the other privately contracted organizations. Our Board only seeks to be treated fairly and similarly to other private organizations that contract with the City. 23-3 Our Board remains committed to fulfilling our organization's role as a creative and focused community -marketing agency that is singularly committed to telling the integrated Newport Beach brand story. Sincerely, 4� - Gary Sherwin President and CEO cc: Debbie Snavely, Chairperson 23-4