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HomeMy WebLinkAbout10 - Charter Update Commission Recommendation for Non-Profit Funding to its Work ProgramCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. In February 23, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David R. Hunt, City Attorney ext. 3131, dhunt @newoortbeachca.gov SUBJECT: Consider Recommendation of Charter Update Commission's Recommendation to Add the Request of the Newport Beach Chamber of Commerce regarding Non - Profit Funding to its Work Program ISSUE: Does Council wish to add consideration of non -profit funding to the Charter Update Commission's Work Program? RECOMMENDATION: Authorize the Charter Update Commission to add to its Work Program a consideration of non -profit funding for potential Charter Update and /or to address Newport Beach Municipal Code Section 3.24.010. DISCUSSION: It has been requested that the Charter Update Commission consider the issue of non- profit funding generally and as specifically addressed in Newport Beach Municipal Code 3.24.010 which was adopted as an initiative measure 55 years ago limiting funding to the Chamber of Commerce. The Charter Update Commission considered the request for adding this matter to its Work Program at its February 16, 2010 meeting. A copy of that staff report and attachments is appended. After discussion, the Charter Update Commission voted 7 -0 to request authority from the Council to add this issue to its Work Program. Based upon the request of the Charter Update Commission and its recommendation, staff recommends adding this issue to the Charter Update Commission's Work Program. Environmental Review Addressing procedural issues within city government is not a project as defined in the California Environmental Quality Act (CEQA) Implementing Guidelines. Consider Recommendation of Charter Update Commission's Recommendation to Add the Request of the Newport Beach Chamber of Commerce regarding Non - Profit Funding to its Work Program February 23, 2010 Page 2 Public Notice Notice has been given consistent with the Ralph M. Brown Act. No other public notice is required by this item. Fiscal Impact There is no current fiscal impact for this consideration. Any funding request will be handled through standard City procedures and to its Special Events Committee. CONCLUSION Staff recommends, based upon the Charter Update Commission's action, that the Council add the issue of non - profit funding and Newport Beach Municipal Code Section 3.24.010 to the Charter Update Commission's Work Program. Prepared and Submitted by: OFFICE OF THE CITY ATTORNEY B4 - David R. Hunt City Attorney Attachments: Charter Update Commission Staff Report dated February 16, 2010 (A09- 00673] M &CC from DRH 02.23. 10 Council Mlg ATTACHMENT Charter Update Commission Staff Report dated February 16, 2010 Attachment F CITY OF NEWPORT BEACH CHARTER UPDATE COMMISSION STAFF REPORT Agenda Item No. 7 February 16, 2010 TO: HONORABLE MEMBERS OF THE CHARTER UPDATE COMMISSION FROM: Cathy Standiford, Project Manager 714 - 222 -0141, cstandiford @managementpartners.com SUBJECT: REQUEST FROM THE NEWPORT BEACH CHAMBER OF COMMERCE TO CONSIDER RECOMMENDING A NEW CHARTER PROVISION REGARDING THE FUNDING OF NON - PROFIT ORGANIZATIONS RECOMMENDATION: Discuss the request received from the Newport Beach Chamber of Commerce and determine whether this request should be forwarded to the City Council for review and approval. DISCUSSION: In creating the Charter Update Commission, the Newport Beach City Council has identified a variety of issues for the Commission to consider. The Commission may recommend that additional issues be addressed; however, the City Council must approve any expansion of the Commission's work program. The Commission has received a request from the Newport Beach Chamber of Commerce to consider recommending an amendment the Charter to add a provision allowing not - for - profit organizations to apply for City financial support and sponsorship of events that promote, publicize and otherwise benefit the City. The Chamber of Commerce also is requesting that the Commission review Newport Beach Municipal Code (NBMC) Section 3.24.010 regarding the appropriation of funds to the Chamber. This section of the NBMC was added by voter initiative in 1955, and limits the amount of funding the City may appropriate to the Chamber. There are currently no references in the Charter itself to the funding of non - profit organizations, including the Chamber of Commerce. Request from the Newport Beach Chamber of Commerce February 16, 2010 Page 2 Last year, because of the number of funding and sponsorship requests the City received from non - profit organizations for community events, the City Council established a Special Events Advisory Committee. The Special Events Advisory Committee is developing recommendations for an application process and criteria for the City Council to use in evaluating future requests for support, and will be involved in reviewing applications for financial support in the future. A copy of the resolution establishing the Advisory Committee and its purpose and responsibilities is attached. Should the Charter Update Commission wish to have this item added to its work program, staff will transmit it to the City Council for consideration. Submitted by: iL. Cathy Standiford Project Manager Attachments: Letter from Newport Beach Chamber of Commerce Resolution No. 2009 -22 (Special Events Advisory Committee) February 2, 2010 Marian Bergeson, Chair Charter Update Commission c/o City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 -8915 Re: Charter Update Commission Dear Honorable Chair Bergeson: I am the current Chair of the Newport Beach Chamber of Commerce. AUTHOR'S EXTENSION 2108 AUTHOR'S E MAIL ADDRESS: 0au)@1awtriand.eoM htIP:11wWW.1aw4rierd.eem File No. Administration Charter Amendment 743 (Newport Beach Municipal Code Section 3.24.010) (which was adopted almost 55 years ago) reads as follows: °3.24.010 Appropriation of Funds to Chamber of Commerce. The funds which the City Council may in its discretion appropriate to the local Chamber of Commerce for promotion, publicity, advertising, and entertainment purposes for the benefit of the City shall be limited to the sum of two thousand four hundred dollars ($2,400.00) annually. (Initiative Ord. 743; adopted by a vote of the people on March 15, 1955)" It is my understanding that the City now provides financial support and sponsorship to a number of civic - spirited events /organizations, such as: (1) The Toshiba ($50,000); (2) Restaurant Week ($160,000); (3) the Newport/Ensenada Race ($50,000); LAW OFFICES OF WATKINS, BLAKELY & P. ARNSEN BLAKELY* TORGERSON, LLP JOSEPH MANCINI NOEL K. TORGERSON• SUITE 810 PAUL K. WATKINS• 535 ANION BOULEVARD •A PROFESSLONAL CORPORATION COSTA MESA, CALIFORNIA 92626 -7047 TELEPHONE (714) 556 -0800 FACSIMILE (714) 641 -4012 February 2, 2010 Marian Bergeson, Chair Charter Update Commission c/o City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 -8915 Re: Charter Update Commission Dear Honorable Chair Bergeson: I am the current Chair of the Newport Beach Chamber of Commerce. AUTHOR'S EXTENSION 2108 AUTHOR'S E MAIL ADDRESS: 0au)@1awtriand.eoM htIP:11wWW.1aw4rierd.eem File No. Administration Charter Amendment 743 (Newport Beach Municipal Code Section 3.24.010) (which was adopted almost 55 years ago) reads as follows: °3.24.010 Appropriation of Funds to Chamber of Commerce. The funds which the City Council may in its discretion appropriate to the local Chamber of Commerce for promotion, publicity, advertising, and entertainment purposes for the benefit of the City shall be limited to the sum of two thousand four hundred dollars ($2,400.00) annually. (Initiative Ord. 743; adopted by a vote of the people on March 15, 1955)" It is my understanding that the City now provides financial support and sponsorship to a number of civic - spirited events /organizations, such as: (1) The Toshiba ($50,000); (2) Restaurant Week ($160,000); (3) the Newport/Ensenada Race ($50,000); Ms. Marian Bergeson, Chair Charter Update Commission February 2, 2010 Page -2- (4) the Film Festival ($50,000); and (5) the OC Marathon ($100,000). The Chamber is not requesting funds at present, but believes that - in light of the benefits and favorable publicity the City receives from such events as the Boat Parade, Police Appreciation Breakfast, Mentor for a Day Program, Athletic Awards Breakfast, Scholarship Awards Breakfast, Flight of the Lasers Boat Race, Ensign Intermediate School Character Counts Awards, Citizen of the Year Gala, Fire and Marine Appreciation Beach Party, Sandcastle Contest, the Taste of Newport and other civic- spiiitedChamber- sponsored events — the Chamber should not be any less eligible to apply for City support than the other events /organizations listed above. Accordingly, the Chamber respectfully requests that the Charter Update Commission consider the repeal of Charter Amendment 743 (Newport Beach Municipal Code Section 3.24.0 10) and the addition of a Charter provision along the following lines: "Not- for - profit community organizations shall be permitted to apply for City financial support and sponsorship of particular events presented by such organizations where such events promote, publicize, enhance the image and reputation of, and otherwise benefit the City." Thank you for considering this request. Sincerely, q?4w"4� Paul K. Watkins Chair, Newport Beach Chamber of Commerce PKW:jbag N1PKW1PKNPeraonaA * wpon Beach 01yofiLtr Bergeson 020110MCCChaner Updatedac RESOLUTION NO. 2009-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ESTABLISHING A SPECIAL EVENTS ADVISORY COMMITTEE AND OUTLINING ITS STRUCTURE AND DUTIES. WHEREAS, the City Council receives many proposals for City financial or in -kind support of special events from non -profit organizations; and WHEREAS, the City Council does not have an established criteria for considering these requests; and WHEREAS, the City Council is not always confident that the benefit to the community is commensurate with the level. of support being requested; and WHEREAS, the establishment of a committee of marketing professional could provide assistance in evaluating the benefits to the community, both tangible and intangible, of the special event; and WHEREAS, there is also a desire for advice on improving event coordination throughout the City and there is a need for a master calendar of major City events for both coordination and marketing; NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Newport Beach establishes a Special Event Advisory Committee, as follows: Section 1: Membership /Structure A. The Committee shall be comprised of seven (7) persons appointed by the Mayor from applications received and from recommendations provided by the Economic Development Committee, Conference and Visitors Bureau, Chambers of Commerce, Restaurant Association, Film Festival, charitable groups, and other groups with an interest in special events in Newport Beach. The members should be professionals with experience in event organization and promotion, marketing including advertising, public relations, web marketing and brand development, as well as an understanding of the Newport Beach visitor base and the City's infrastructure and resources to support special events. Members need not be residents of Newport Beach. B. One committee member will be a representative of the Economic Development Committee. C. One committee member will be a representative of the Newport Beach Conference and Visitors Bureau. D. The Committee will be provided organization and staff support by the City and the Conference and Visitors' Bureau . E. The Committee will meet as needed, and all meetings will be noticed and open to the public. F. Committee members may not participate in the evaluation of a request made by an organization of which they are a member or by which they are employed or have been employed or compensated in any manner in the past two years. G. The Mayor shall name the Chairperson of the Committee from the list of approved members. The Chairman shall then organize the Committee as necessary to accomplish the assigned functions and duties. Committee appointees may be replaced after three (3) consecutive unexcused absences from Committee meetings. All members shall serve at the pleasure of the City Council. Section 2: Purpose & Responsibilities A. To recommend to the City Council criteria to be used in evaluating future requests for City support of an event. Criteria may include civic pride, building of the Newport Beach brand, financial return on investment through participant spending, community benefit, etc. B. To use the established criteria to evaluate the benefits, tangible and intangible, of special events and provide the City Council with professional advice on special events reviewed by the Committee. Special events qualifying for Committee evaluation will include those requesting City support of more than $20,000 in some combination of cash, in -kind services or fee waivers. City staff will determine which proposals will be forwarded to the Committee for review. C. To create a Citywide "Master Calendar of Special Events" and to provide advice on event coordination throughout the City so that event organizers, City businesses, residents and visitors can derive maximum benefit and minimum impact from such events in terms of economics, mobility, timing and effectiveness. D. The Committee will be purely advisory in nature, and will not make determinations as to the approval of any special event. That responsibility rests exclusively with the City Council. ADOPTED this 12"" day of May, 2009 ATTEST: 4 -� �n� CITY CLERK STATE OF CALIFORNIA } COUNTY OF ORANGE } as. CITY OF NEWPORT BEACH } I, Leilani 1. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2009 -22 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 12th day of May, 2009, and that the same was so passed and adopted by the following vote, to wit: Ayes: Henn, Rosansky, Curry, Gardner, Daigle, Mayor Selich Noes: None Absent: Webb Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 13th day of May, 2009. (Seal) 1 Q City Clerk ��VppOR Newport Beach, California _ T O @�