STAFF REPORT
Meeting Date:
October 14, 2025
CONSENT
9 SUBJECT: MODIFICATIONS TO CULTURAL ARTS PROGRAM APPLICATION
REQUIREMENTS
RECOMMENDATION: It is recommended that the City Council:
1. Receive a report on the current application parameters for the various City art programs, grants, competitions, etc.;
2. Direct City staff to make any changes or updates regarding who is eligible to apply for the various City programs, grants, and contests. Preliminarily, staff’s suggestion is to not disqualify an applicant if the applicant serves on an appointive board, committee, or commission, or if the applicant otherwise qualifies (including residency) but may be a City Employee who does not work for Cultural Arts or is in a role that influences any decision by Cultural Arts; and
3. Find that the action is not a project subject to the California Environmental Quality Act pursuant to CEQA Guidelines Section 15378.
SUMMARY OF THE MATTER
This report requests that the City Council review the current eligibility requirements for the City’s various programs, grants, competitions, etc. administered by the Cultural Arts Department. Currently, while each program, grant or competition may have distinct eligibility criteria, a constant in all of the applications in that City employees, including those compensated for City Council, Board or Commission positions, are not eligible to apply. Thus, even those City employees or officials that have nothing to do with the Cultural Arts Department or the at-issue program, grant, or competition are prohibited from even submitting an application. The purpose of this item is for the City Council to evaluate this policy and provide direction to staff.
DISCUSSION
The City, via is Cultural Arts Department, administers and awards various art programs, grants, and competitions throughout the City. The City’s Arts Commission also advises the City Council about all matters pertaining to artistic and aesthetic aspects of the City. This includes rules and regulations necessary for the administration and preservation of fine arts, performing arts, and aesthetic aspects of the community.
Currently, all applications for the City’s art programs, grants, and competition prohibit City employees, including those compensated for City Council, Board or Commission positions, from applying. Staff has researched the genesis of this policy and we have not been able to locate any substantive direction or discussion from the City Council and/or the Arts Commission. Application materials have been presented to the Arts Commission that include the prohibitions on City employees and compensated officials from applying. However, there is no record of any substantive discussion weighing the merits of this policy and explicitly directing staff to implement it.
MODIFICATIONS TO CULTURAL ARTS PROGRAM APPLICATION REQUIREMENTS October 14, 2025
From a purely legal standpoint, this blanket prohibition against all City employees and all paid officials, from applying for City art programs, grants, competitions, etc. is not mandated. The standard conflict of interest rules found in the Political Reform Act and the Fair Political Practices Commission’s (“FPPC”) regulations would apply regardless of any change to this policy. Thus, City employees and paid officials would still be prohibited from making, participating in making, or attempting to use their position to influence a governmental decision in which they know they have a financial interest.1 Making a Decision: An employee of official makes a decision if they authorize or direct any action, votes, appoints a person, obligates or commits the City to any course of action, or enters into any contractual agreement on behalf of the City. (FPPC Regulation 18704(a).) Participating in a Decision: An employee or official participates in a decision if they provide information, an opinion, or a recommendation for the purpose of affecting the decision without significant intervening substantive review. (FPPC Regulation 18704(b).) Using Official Position to Attempt to Influence a Decision: An employee of official uses their position to influence a decision if they contact or appear before: (1) any official in the City, or in an agency subject to the authority or budgetary control of the City, for the purpose of affecting a decision; or (2) any official in any other government agency for the purpose of affecting a decision, and the employee or official purports to act within the their authority or on behalf of the official’s agency in making the contact. (FPPC Regulation 18704(c).) So, in plainer terms, any City employee or official that has any role in crafting the grant, program, competition, etc., decides on the winning applications, or attempts to use their official role to influence the decision would be disqualified from applying for any City art program, grant, or competition with or without the at-issue policy. In practice, this policy really only prohibits those City employees or paid officials that do not otherwise participate in the decision (as defined above) in the City’s cultural arts program, grant, or competition.
Ultimately, it is a policy decision for the City Council on whether or not to expand the possible universe of applicants to City employees and paid officials. Practically, a change in policy may require some initial leg work to ensure any applicant does not run afoul of the Political Reform Act and the FPPC regulations and optically, a City art program, grant, or competition that is awarded to a City employee or paid City official may raise concerns. However, the demonstrated commitment by City employees and officials involved in the City’s Cultural Arts Department in administering the various programs, grants, and competitions as well as the robust review process involved with these items should belie any allegations or appearance of impropriety.
1 The most germane financial interest that would be at issue for a City art program, grant, or competition would be a “personal financial effect” - which is material when it results in the employee or official (of an immediate family member) receiving a financial benefit or loss of $500 or more in any 12-month period.
MODIFICATIONS TO CULTURAL ARTS PROGRAM APPLICATION REQUIREMENTS October 14, 2025
FINANCIAL ANALYSIS
There is no fiscal impact associated with this action. Setting the possible applicant pool for the City’s various art programs, grants, competitions, etc. will not have any financial impact as all this does is establish eligible applicants and does not increase the number of programs, grants, grants, competitions, etc. or the overall dollar figure allocated.
ENVIRONMENTAL ANALYSIS
The proposed action is not a project under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15378 as this action constitutes an organizational or administrative activity of the City that will not result in direct or indirect physical changes in the environment.
ATTACHMENTS
None
Submitted By: Partick Donegan Approved: .David A Kiff
Patrick Donegan, Assistant City
Attorney
Dave Kiff, City Manager
Report Prepared By: Coordinated With:
Patrick Donegan, Assistant City Attorney