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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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. // // 1 INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the ^ 23''^ day of July, 2013, and thereafter. 3 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City 4 of Carlsbad on the dayof , 2013, by the following vote to wit: 5 6 7 AYES 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 26 27 28 NOES: ABSENT: ABSTAIN: APPROVED AS TO FORM AND LEGALITY CELIA A. BREWER, City Attorney MATT HALL, Mayor ATTEST: BARBARA ENGLESON, City Clerk 24 (SEAL) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 5 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.