4d 1- Sponsorships - Community Run- Estancia Costa Mesa Sanitary District …an Independent Special District Protecting our community’s health and the environment by providing solid waste and sewer collection services. www.cmsdca.gov Memorandum To: Board of Directors From : Scott Carroll, General Manager Date: January 14, 2014 Subject: Sponsorship s Summary On July 31, 2013, the Board of Directosr approved implementing new procedures for sponsoring organizations and/or events. Staff is providing the Board of Directors with two sponsorship opportunities. Staff Recommendation That the Board of Directors discuss the sponsorship levels for the Community Run and Estancia & Tewinkle Schools Foundation and how being a sponsor will serve the District’s purpose . Analysis Attachment “A” is a memo from District Counsel about the gift o f public funds and expenditures for a proper public purpose. On July 31, 2013, The Board approved new procedures to determine if the District can officially sponsor events and/or non -profit organiz ations. Before the District can be a sponsor, the Board must follow the following procedures. • Establish the purpose CMSD is trying to serve by being a sponsor. This must be a purpose established as one of the District’s statutory powers or a power that would be incidental to those purposes. For example, Dist rict purposes are to properly treat sewage, to prevent SSOs, to reduce landfill dumping, and to recycle. Attachment B is a prepared chart to assist the Board in making the determination for the two current requests as well as future requests . • Then, descr ibe how the expenditures will advance CMSD’s purpose.
Board of Directors January 14, 2014 Page 2 of 2 Strategic Plan Element & Goal This item complies wit h objective and strategy of Strategic Element 5 .0., Administrative Management , which states: “Objective: To create, maintain and implement policies and procedures to ensure sound management of the District. Strategy: We will conduct periodic reviews, refine and implement policies and procedures, and assure the General Manager has the direction and tools necessary for successful District operations.” Legal Review Not applicable at this time. Financial Review The cost to sponsor the Costa Mesa Community Run ranges from $250 (Bronze Sponsor) to $2 0,0 00 (Title Sponsor). Sponsoring the Comminuty Run is not budged in FY 2013 -14 . This cost can be split 50% from the Li quid Waste Contingency and 50% from the Solid Waste Contingency Funds. Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the January 14, 2014 Board of Directors S tudy Session meeting at District Headquarters and posted on the District’s website. Alternative Actions 1. Direct staff to report back with more information Attachments A: Memo from District Counsel, dated June 27, 2013 B: Gift of Public Funds Determination Chart C: Request for Sponsorship from the Costa Mesa Community Run and the Estancia and Tewinkle Schools Foundation
LAW OFFICES OF HARPER & BURNS LLP A LIMITED LIABILITY PARTNERSHIP INCLUDING A PROFESS IONAL CORPORATION JOHN R. HARPER* 453 SOUTH GLASSELL STREET ALAN R. BURNS ORANGE, CALIFORNIA 92866 COLIN R. BURNS TELEPHONE (714) 771-7728 Of Counsel FACSIMILE (714) 744-3350 JUDI CURTIN* MICHAEL MONTGOMERY* Alan R. Burns *A PROFESSIONAL CORPORATION arburns@harperburns.com To: Honorable President and Board of Directors From: District Counsel Date: June 27, 2013 Re: Gift of Public Funds / Expenditures for a Prope r Public Purpose ______________________________________________________________________________ Article XVI, Section 6 of the Cal Constitution prov ides that a public entity may not make a gift of public funds. The primary question to be asked is whether a private purpose is being served, as opposed to a public purpose. Over and above that primary test, one public entity cannot make a gift of its resources to another public agency if it does not advance the public pur pose of the donor agency. In Golden Gate Bridge and Highway District et al. v. Luehring et a l. (1970) 4 Cal.App.3d 204, the Court held that a bridge district that collected tolls could n ot turn over the surplus to a county, since the purposes of the two agencies were different. In an Attorney General opinion, it was also opined that a sanitary district could not donate its prope rty to a park and recreation district but was required to sell that property for full and fair co nsideration. (46 Ops.Cal.Atty.Gen. 138.) Our sanitary district powers include the power to p lan and build sewer facilities, as well as collect garbage and operate dumpsites. We are also authorized to make and enforce regulations for other sanitary purposes not in conflict with st ate law. (HSC § 6521.) We are also given the power to do any act necessary or proper to the comp lete exercise and effect of our powers (incidental powers). (HSC § 6522) Using that autho rity, we have engaged in recycling and waste reduction, as well as FOG reduction programs. We h ave in the past provided similar sponsorships of programs that advanced our public p urposes. Those would include the recent Muzeo trash/art project. The courts will generally defer to the judgment of the legislative body making a determination that a public purpose is being served if that judgm ent has a reasonable basis. C ONCLUSION To be able to justify a questionable expenditure as not being a gift of public funds, we must establish what District purpose we are trying to se rve. After we identify that purpose, the Board needs to make a determination that a public purpose is being served by articulating how the
Harper & Burns LLP | 453 South Glassell Street, Orange, California 92866 | Telephone (714) 771-7728 | Facsimile (714) 744-3350 | www.harperburns.com Costa Mesa Sanitary District Gift of Public Funds / Expenditures for a Proper Pu blic Purpose June 27, 2013 Page 2 expenditure advances that purpose. The Board’s jud gment should not thereafter be disturbed by the courts if its judgment on the matter had a reas onable basis. I recommend that the Board: 1. Articulate the purpose being served by identifying what District power we are advancing (e.g, awareness of trash recycling, not dumping in the sewer, not allowing grease to accumulate in sewerlines, etc.). 2. Describe how the expenditure advances that purpose. 3. Have the full Board vote on the matter so there is a Board judgment that a proper public purpose is being served. This needs to be determined in a properly noticed B oard meeting. Only Board approval will entitle the decision to judicial deference. In fac t, if any staff person determined to make the expenditure without Board approval, there could be personal liability. The fact a staff person acted honestly and in good faith provides no defens e to personal liability. (Mines v. Del Valle (1927) 201 Cal. 273.) Respectfully submitted, Alan R. Burns District Counsel cc: General Manager-District Clerk Treasurer
GIFT OF PUBLIC FUNDS DETERMINATION CHART Does the request serve a District purpose? NO : Gift of public funds YES : IDENTIFY – What st atutory purpose might be served (s ewer system, grease reduction, roots, divesting waste from landfill, recycling, other )? If a statutory purpose is not served, what incidental purpose might be served? NO NE : Gift of public funds IDENTIFY How will the expenditure of money advance the District purpose? IT WILL NOT : Gift of public funds IDENTIFY : District message is to be prominently displayed so as to reach our constituents? Other?
December 2013 Costa Mesa Sanitary District 628 W 19th St, Costa Mesa Costa Mesa CA 92627 Attn: Board of Directors The Costa Mesa Community Run would like to thank you for your support of our event in 2013. As we look forward to our 7 th annual event on April 25 and 26, 2014 we hope we can continue to count on your support. In our first 6 years we have been able to grant more than $71,000 to the schools in Costa Mesa. Our goal this year is to raise more than $21,000. The race takes place Saturday morning, April 26 in Fairview Park. W e will be bringing back the Friday Family Night EXPO , April 25, which has drawn a large crowd in past years. The Sanitary District’s booth in the EXPO has always been a huge draw. The crowd loves the interact ive booth with the guessing of the number of crushed cans in a bale of recycled cans. As a sponsor at the $1000 level or higher, the Sanitary District receives an abundance of name/logo recognition on all of the CMCR’s advertising. Sponsorship also includ es comp’d registrations and we encourage our sponsors to use those registrations to have employees run wearing company logo’d t -shirts. The event is a great opportunity for the Sanitary District personnel to mingle with the Costa Mesa residents one on one . We expect over 1000 people at the EXPO over the two days. I would be more than happy to answer any questions regarding the levels of participation. I look forward to hearing from you. Karen Barloon Costa Mesa Community Run President 949 -515 -6545 kbarloo n@cmrun.org
APRIL 26, 2014 COSTA MESA SPONSORSHIP DECK
Event Overview The 7 th annual event will include a 2 k, 5 k, and 10 K race through Fairview Park and the newly renovated Wetlands and Riparian Habitat . This year’s event will begin with a Friday Family Fun Night EXPO, including live entertainment and vendor, food and school booths In the first 6 years, the Costa Mesa Community Run has raised over $71 ,000 for local schools . The event has also engaged community businesses and neighbors in a fun filled weekend . April 26, 2014
MARKETING AND PROMOTIONS Water Bill Inserts Bus Stop Kiosks Goodie Bag Branding Race Bib Branding Newspaper and Magazine Ads On -Site Promotion and Sampling April 26, 2014
CORPORATE WELLNESS PROGRAM AND COMMUNITY OUTREACH Sponsors and community groups use The Costa Mesa Community Run as a corporate wellness program for its employees and members.
SOME PAST SPONSORS 5
Friday Family Fun Night EXPO
Race Day
DEMOGRAPHICS Age Group under 12 13-25 26-50 51 and over Gender Female Male Participants come from all parts of Greater Orange County; Costa Mesa, Newport Beach, Huntington Beach, Irvine, Tustin, Santa Ana, Mission Viejo and Laguna Beach. We do not keep household income data but have had participants from very diverse occupations: State Assembly Member, doctors, lawyers, school teachers, and students.
RACE COURSE April 26, 2014
•Title Sponsorship rights and category exclusivity. •Company Name/Logo as Title Sponsor on all event marketing, advertising and promotional materials Company Name/Logo on :front of race shirt, race bib, start and finish banners, mile markers, website with link to your site, Facebook recognition, newspaper and magazine ads, email blasts, bus kiosks and all printed material Company representative as official race starter 25 Complimentary race entries Race day PA announcements and recognition Free EXPO booth Free product placement in goodie bag •Participation in press release announcing Title Sponsorship. •Recognition in check presentation to Newport Mesa Unified School District and City of Costa Mesa Council meetings. •First right of refusal on future events
•Run Sponsorship rights and category exclusivity. •Company Name/Logo as Run Sponsor on all event marketing, advertising and promotional materials Company Name/Logo on : arm of race shirt, race bib, start and finish banners, mile markers, website with link to your site, Facebook recognition, newspaper and magazine ads, email blasts, bus kiosks and all printed material Company representative as official race starter 10 Complimentary race entries Race day PA announcements and recognition Free EXPO booth Free product placement in goodie bag •Participation in press release announcing Run Sponsorship. •Recognition in check presentation to Newport Mesa Unified School District and City of Costa Mesa Council meetings. •First right of refusal on future events
•Mile Marker Sponsorship rights. •Company Name/Logo as Mile Marker Sponsor on event marketing, advertising and promotional materials Company Name/Logo on : back of race shirt, mile markers, website with link to your site, Facebook recognition, newspaper and magazine ads, email blasts, bus kiosks and all printed material 8 Complimentary race entries Race day PA announcements and recognition Free EXPO booth Free product placement in goodie bag
•Platinum Sponsorship rights. •Company Name as Platinum Sponsor on event marketing, advertising and promotional materials Company Name/Logo on : back of race shirt, website with link to your site, Facebook recognition, newspaper and magazine ads, email blasts, and most printed material 6 Complimentary race entries Race day PA announcements and recognition Free EXPO booth Free product placement in goodie bag
•Gold Sponsorship rights. •Company Name as Gold Sponsor on event marketing, advertising and promotional materials Company Name/Logo on : back of race shirt, website with link to your site, Facebook recognition, newspaper and magazine ads, email blasts, and most printed material 4 Complimentary race entries Race day PA announcements and recognition Free EXPO booth Free product placement in goodie bag
•Silver Sponsorship rights. •Company Name as Silver Sponsor on event marketing, advertising and promotional materials Company Name/Logo on : back of race shirt, website, Facebook recognition, email blasts, and some printed material 2 Complimentary race entries Race day PA announcements and recognition Free product placement in goodie bag
•Bronze Sponsorship rights. •Company Name as Bronze Sponsor on marketing, advertising and promotional materials Company Name/Logo on : back of race shirt, website, Facebook recognition, email blasts, and limited printed material 1 Complimentary race entries Race day PA announcements and recognition Free product placement in goodie bag
Company Name/Logo as Title/Run/Mile Marker Sponsor on all event advertisements X X X First right of refusal on future events X X X Company Name/Logo on front of race shirt X Company Name/Logo on arm of race shirt X Company Name/Logo on back of race shirt X X Name Name Name Website/Facebook recognition*Logo/Link Logo/Link Logo/Link Logo/Link Logo/Link Name Name Newspaper recognition*X X X X X Radio PSA recognition*X X X X Local Televisions/Cable recognition*X X X Company Name/Logo in email blasts*Logo/Link Logo/Link Logo/Name Name Name Recognition on Bus Stop Kiosk, Water Bill Insets, and other City mailings Logo/Name Logo/Name Logo/Name Name Name Recognition on posters/fliers/banners/ mailers Logo Logo Logo Name Name Name Company Name/Logo on race bib X X Company Official to assist with race start X X Company Name/Logo on Start/Finish Banner X X Company Banner displayed (sponsor provides)X X X X X X X Company Logo on Mile Markers X X X PA Announcements during event X X X X X X X Complimentary EXPO Booth 20 x 20 X Complimentary EXPO Booth 10 x 20 X X Complimentary EXPO Booth 10 x 10 X X Complimentary EXPO Booth 10 x 10 ((pop up only)X X Free Goodie Bag placement X X X X X X X Complimentary Race Entries/Breakfast 25 10 8 6 4 2 1 Advertising Recognition Race Day Recognition Corporate Sponsorship Levels Title Sponsor 20,000 Run Sponsor 10,000 Mile Marker Sponsor 5,000 Platinum Sponsor 2,500 Gold Sponsor 1,000 Silver Sponsor 500 Bronze Sponsor 250 The 7 th annual event, April 26 , 2014 , will include a 2 K, 5 K, and 10 K race . Prizes/Medals will be awarded to all first, second and third place finishers . The event kicks off with a Friday Family Fun Night EXPO that includes live music, vendor, food, and game booths . The goals of the Costa Mesa Community Run include raising funds for education, and building community spirit . The fun filled event draws over 800 racers and 1500 EXPO visitors . All recognition is subject to date of payment and media deadlines * Logo may be add to "name" options if space permits
Company Name:______________________________________________ Contact Name:________________________________________________ Address:_____________________________________________________ City:______________________ State:______________ Zip:____________ Phone:______________________ email:___________________________ Sponsor Information Please make checks payable and mail to: Costa Mesa Community Run 2973 Harbor Blvd. #249, Costa Mesa CA 92626 Please remit payments by January 24,2014. $20,000 Title $1,000 Gold $10,000 Run $500 Silver $5,000 Mile Marker $250 Bronze $2,500 Platinum _______ Donation Only For questions contact: Karen Barloon kbarloon@cmrun.org 949 -515 -6545 April 26, 2014
Karen Barloon, President 949 -515 -6545 kbarloon@cmrun.org www.cmrun.org For more information, please contact