HomeMy WebLinkAbout2013-07-23; City Council; 21316; Amending Muni Code Authority to Accept DonationsCITY OF CARLSBAD - AGENDA BILL 16
AB# 21,316 AMENDING CARLSBAD MUNICIPAL CODE
SECTION 2.08.100 - DELEGATION OF
AUTHORITY TO ACCEPT DONATIONS
DEPT.DIRECTOR \
MTG. 7/23/13
AMENDING CARLSBAD MUNICIPAL CODE
SECTION 2.08.100 - DELEGATION OF
AUTHORITY TO ACCEPT DONATIONS
CITYATTY.
DEPT. P&R
AMENDING CARLSBAD MUNICIPAL CODE
SECTION 2.08.100 - DELEGATION OF
AUTHORITY TO ACCEPT DONATIONS CITY MGR. atf^'
RECOMMENDED ACTION:
That the City Council INTRODUCE Ordinance No. CS-221 AMENDING Carlsbad Municipal
Code section 2.08.100, "Delegation of Authority to Accept Donations," by increasing the city manager's
authority to accept donations on behalf of the city.
ITEM EXPLANATION:
In an effort to ensure consistency and streamline the donation acceptance process, staff is
recommending that section 2.08.100 of the Carlsbad Municipal Code - "Delegation of Authority to
Accept Donations" (Exhibit 2) be amended to increase the city manager's authority to accept donations
on behalf of the city in an amount up to $5,000.
The city is grateful and fortunate to receive hundreds of donations each year. Donations may include
(but are not limited to) cash, in-kind merchandise or services, tangible personal property, securities, real
property, life insurance, or bequests. Currently, donations in an amount or value of up to $500 dollars
are reported to the Board or Commission where appropriate, and then they are formally accepted by the
city manager. Donations in an amount or value exceeding $500 are reported to the Board or Commission
where appropriate, and then they are officially accepted by the City Council via the agenda bill process.
City staff is recommending the city manager's authority to accept donations on behalf of the city be
increased from $500 to an amount or value of up to $5,000. This proposed dollar amount is well below
the city manager's purchasing authority of $100,000 and is in keeping with the best practices of other
municipalities researched.
Pending approval of the suggested ordinance revisions, each month the city manager shall send to the
city council a report of all donations that have been accepted. It is expected that the proposed
amendment will result in substantially improved operational and time saving efficiencies for staff, the
Board or Commission, and the City Council, as it will greatly reduce the number of routine agenda bills
that currently demand staff, Board or Commission and Council attention.
DEPARTMENT CONTACT: Mick Calarco 760-434-2859/mick.calarco@carlsbadca.gov
fOR CLERK USE.
COUNCIL ACTION: APPROVED K CONTINUED TO DATE SPECIFIC •
DENIED CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER - SEE MINUTES •
AMENDED • REPORT RECEIVED •
Page 2
The recommended ordinance amendment does not preclude a donation in an amount or value of up to
$5,000 or less being brought to the Board or Commission and City Council for acceptance when, in the
opinion ofthe city manager, it would be beneficial or necessary to do so.
The proposed ordinance revisions were presented to the Parks & Recreation Commission (May 20, 2013),
Arts Commission (June 6, 2013), Library Board (June 19, 2013), and the Senior Commission
(June 27, 2013), all with a unanimous recommendation of City Council acceptance.
FISCAL IMPACT:
Increasing the dollar amount of the city manager's authority to accept donations on behalf of the city will
not have a fiscal impact upon the city.
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code Section 21065 and CEQA Guidelines, this action does not constitute a
"Project" within the meaning of CEQA and therefore, does not require an environmental review.
EXHIBITS:
1. City Ordinance No. CS-221
2. Strikeout version of proposed ordinance
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EXHIBIT 1
ORDINANCE NO. CS-221
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING THE CARLSBAD
MUNICIPAL CODE, SECTION 2.08.100 - DELEGATION OF
AUTHORITY TO ACCEPT DONATIONS, TO REVISE
REGULATIONS AFFECTING THE CITY MANAGER'S
AUTHORITY TO ACCEPT DONATIONS ON BEHALF OF THE
CITY
The City Council of the City of Carlsbad, California, hereby does ordain as follows:
SECTION 1: That section 2.08.100 ofthe Carlsbad Municipal Code is amended by
revision to read as follows:
2.08.100 - Delegation of authority to accept donations
The city manager shall have authority on behalf of the city to accept donations to the city
in an amount or of a value of up to five thousand dollars. The city manager shall use the
gift or may sell it and use the proceeds in accordance with the donor's intent. If there is
no such intent, the money shall be added to the city's contingency account. Each month
the city manager shall send to the city council a report of all donations that have been
accepted.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption;
and the city clerk shall certify the adoption of this ordinance and cause the full text of the
ordinance or a summary of the ordinance prepared by the City Attorney to be published
at least once in a newspaper of general circulation in the City of Carlsbad within fifteen
days after its adoption.
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1 INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the
^ 23''^ day of July, 2013, and thereafter.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
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of Carlsbad on the dayof , 2013, by the following vote to wit:
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NOES:
ABSENT:
ABSTAIN:
APPROVED AS TO FORM AND LEGALITY
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON, City Clerk
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EXHIBIT 2
Carlsbad Municipal Code 2.08.100
The city manager shall have authority on behalf ofthe city to accept donations to
the city in an amount or of a value of up to five hundred thousand dollars. The city
manager shall use the gift or may sell it and use the proceeds in accordance with the
donor's intent. If there is no such intent, the money shall be added to the city's
contingency account. Each month the citv manager shall send to the citv council a report
of all donations that have been accepted.
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Amend Section 2.08.100 of the Carlsbad
Municipal Code – Delegation of
Authority to Accept Donations
Mick Calarco
Special Projects Manager
July 23, 2013
Section 2.08.100 CMC with revisions
The city manager shall have authority on behalf of the
city to accept donations to the city in an amount or of a
value of up to five hundred thousand dollars. The city
manager shall use the gift or may sell it and use the
proceeds in accordance with the donor's intent. If there
is no such intent, the money shall be added to the city's
contingency account. Each month the city manager
shall send to the city council a report of all donations
that have been accepted.
Recommended Action
Introduce the Ordinance amending Carlsbad
Municipal Code section 2.08.100, “Delegation of
Authority to Accept Donations,” by increasing
the city manager’s authority to accept donations
on behalf of the city.