HomeMy WebLinkAbout03 - City Council Policy on Candidate Forums that Use City ResourcesSeptember 27, 2016
Agenda Item No. 3
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Dave Kiff, City Manager - 949-644-3001,
dkiff@newportbeachca.gov
PREPARED BY: Tara Finnigan, Assistant to the City Manager,
tfinnigan@newportbeachca.gov
PHONE: 949-644-3035
TITLE: City Council Policy on Candidate Forums that Use City Resources
ABSTRACT:
This is a proposed policy related to Newport Beach City Council candidate forums held
at City of Newport Beach facilities and/or filmed for broadcast on the City's government
access television channel, NBTV.
RECOMMENDATION:
a) Determine that the action is exempt from the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines
because it will not result in a physical change to the environment, directly or
indirectly; and
b) Adopt Resolution No. 2016-112, A Resolution of the City Council of the City of
]Newport Beach, California, Establishing a City Council Policy for Candidate Forums
that Use City Resources, Council Policy A-21.
FUNDING REQUIREMENTS:
There is no immediate fiscal impact related to the adoption of this item. Should the
proposed Council Policy be adopted, in doing so, the Council will be waiving the City
facility room rental fees for the selected Forums and it will be waiving the related
equipment and staff costs for the selected Forums (as allowed under NBMC 3.36.030).
Staff will budget appropriately for NBTV during election years to incorporate the cost of
filming and broadcasting City Council candidate forums.
DISCUSSION:
The City of Newport Beach (City) allows local organizations to host Newport Beach City
Council Candidate forums in City -owned facilities. And, the City's government access
television channel, Newport Beach Television (NBTV), has a practice of filming and
broadcasting on NBTV, several City Council candidate forums during each election
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City Council Policy on Candidate Forums that Use City Resources
September 27, 2016
Page 2
cycle. The City has done so to help facilitate open and unbiased communication about
Newport Beach General Municipal Elections with its residents, visitors and business
owners.
In recent years, staff has observed an increase in the number of Newport Beach City
Council candidate forums held at City facilities and the number of requests the City
receives to film and broadcast candidate forums on NBTV. To help us better allocate
City resources in an equitable and unbiased manner, staff drafted a Council Policy
related to Candidate Forums that use City resources for the City Council's
consideration.
As proposed in the draft Council Policy, the City would continue to allow local
organizations to hold candidate forums in City facilities and would continue to broadcast
candidate forums on NBTV. The proposed policy:
Clarifies how City resources can and cannot be used for candidate forums,
Defines eligible forums and eligible groups, where the forum is in a City facility,
Proposes allowing eligible groups to rent City -owned facilities at no cost for
candidate forums,
Establishes an application and City Council selection process for the no cost City
facility room rentals for eligible candidate forums and for broadcasting candidate
forums on NBTV.
In enacting this Policy, the City is in no way attempting to limit or regulate forums held in
locations other than at City facilities. Groups and individuals are always welcome to host
forums in any location without restriction or guidance from the City.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
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ATTACHMENT A
R13SOLU110N NO. 2016-' 12
A RBSC UU TIC N C F THB CI1Y CC UN CIU OF Th E CITY
OF N EWFIC RT 121114CH, CALIF 0 RN IA, SEITA EILISHING
A CITY CCUNCIU POLICY FOR CANDIEATB FORUNS
THAT USE CITY RESOURCES
WH ERBAS, the City of Newpcir1 Beach t City; he Ids Geineral Muniaipal E IEiciioris
for Cilly Council offices in Each eV6n-nL mber6d yEiar and a number of local
onganizations hosil City Council candidate foirurris;
WH ERBAS, to help facilitate Cp6n and unbiasEid commL nication about NEiwpoirt
Beach City Council EIIEClliclris, the City allows local organizations to host City Council
candidate forums in Cilly-ownEic facilities and the City's governrrieni acciess televisiciri
channel, N ewporl Beach Televisicn t NBT,, films anc brioadcasts on NBTV several City
Council canc is at6 forums during each EdEU ion cyclEi;
WH ERBAS, tci address an increase in the nL mber of cianc idatEi forums h6ld and
11hEi numteri cif requests for NB-nV coverage, the City dEveloiped a policy to cluidEi the
aliciciation of resources to\Aard supporting candidaile fcirc ms in an Equitable and
unbiasEid manner; and
WHEREAS, the propoisEic City Council Holicy A-21 clarifiEis what hypes of
candidate fcirums and hcist organizations arie Eiligib16 for City supporl and r1mvideis
OtjECllivEi ciiiileiria for thEi City Cciunail's cioinsideiration.
NOW, THEREFORE, the City Council cif the City of NEiwpoirt Beacf r690kes as
follows:
'Iec ticin 1: Tl- Ei City Council does hereby apprcVEe and adopt City Council Holicy
A-21, City Council Candidaile Forums attachEid hEiretci as Exhibit A, and incorporatec
herein by nEiferience.
'Iecticin 2: -Rhe reciilals prcvideid in 11his resolOicn are true and correct and are
incorporated into the operative part of this resolutior.
'Iecticin 3: If any section, subsection, seriilence, claL se or phrase of tl- is
resolL tion is, fori any reason, f elc tci be invalid or unconstitutional, sucf decision shall
n&1 affect tl ei validity cir cioinsiil0ionality of ilhE riemaining portions of tl- is resolution. Tf e
Ciily Council hereby declares Itat it would f avEi passed this rescilution, and ee ch
sEiction, subsection, sentEince, alaLse or phrases herECf, irrElspElclliV6 of th6 fact 11hat piny
one cn rricire sections, subsections, sent6nces, clauses or phriases be declaried invalid
or unconstituilicirial.
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Resolution No. 2016-112
Page 2 of 2
Section 4: The City Council finds the adoption of this resolution is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in
the environment) and 15060(c)(3) (the activity is not a project as defined in Section
15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly
or indirectly.
Section 5: This resolution and City Council Policy A-21 shall take effect
immediately upon its adoption by the City Council, and the City Clerk shall certify the
vote adopting the resolution.
ADOPTED this 271h day of September, 2016,
Diane B. Dixon
Mayor
Leilani 1. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATT Q4R Y'S OFFICE
Aaron Harp
City Attorney
Attachment.
Exhibit A - City Council Policy A-21
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A -2'1
CITY COUNCIL CANDIDATE FORL MS THAT USE CITY RESOURCES
PURPOSE
ThEi City of Neiwpod BEiach (City) holds nori-partisan elections for Ciily COL nail officieis on
thEi firist 1 uesday aflEir the firsll Monday of h oveimber in each Even-riurribEireid yeah. A
nL mber of local organizations host City Council CarididatEi Fon. ms (florur-ols)) and
sorrie Flokrris a116 held in City -owned facilities such as Marina Fark, CA.II.I, and thEi
Civic CentEir. ThEi City's govEirnmEint access television & arinEl, Newport BEiacf
Television (INBT\I;, has an eistablishEid practice of filming and brioadcasting several of
the Rorurris Eiacl election cycle for the informational beriefit of our residents. In re Ent
years, ilhere his been an increase in the nL mber of Florurris held, and a correlalling
incrEase in reiquests for ire use of City -owned facilities and NBTV coverage. Due to
lirriitec City resources, the Ci11y is r. nable to accorrirr odate every) requesll. Tl• e purplose
of tl- is policy is to provide objective ciriteriia for the Ci11y Council to consider w hEiri
deciding Ahicih Forcros may be hoslled all City -owned facilities anc/ori receive NBTV
coveragEi.
ARRU ICATIC N PRC CESSI
ThEi Ciiy Manager shall cnEiate an appiliciation to t e used by local organizallions desiring
to use City -owned facilities and/ori receive N BTV coverage of their Rorurn. A pplicailions
shall bEi availablEi in the Ciiy Manager's Cffice and/or on the City's websille. Completed
applicailions mist be turned irillo the Ci11y Manager's Cfllice tetweEn July 1 and uly 31
of each even-nurribered year. The City Manager shall submit all timely recEWEic anc
corriplete applicallions ilo the City Coy nail fon consic erallion.
FC RUM SIE IJE CTION CRIlI E RIA
ThEi City Council, ai a regular or special rreeting, nary consider the following criteria
\,\ f• en selecting For. ms to use City-owried facilillies and/or receiV6 h BTV coverage:
('I; If the Forum is citywide, all hewpoil Beach City Council candidalles must be invitElc
at the same 1im6 io participate Eiqually in 11hEi Rorurri. If the Forl. m focuses on a single
district, all candidates running for officEi in If at district mus11 bEi invited at the sarrie tine
to participate eqL ally in if e For. m;
(2; Adrriissiori rriL st be free io ailiend the FoR m, bo11h for candidates and rrierribEirs of
thEi audiEince;
(3; All persons mus11 ke eligible to attend the Rorurr;
(4; The Rorurri's vent. e mL s11 be fully accessible to persons with disak ilities;
(5; TI• e local organizallion hosting ilhe Rorum sl• all be nonpartisan and sr all riot endorse
any carididaiei(s) dL ring the elecl1on;
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A-21
(EI) The ccriterii of 11he Rorum must be informallional in natures and may not includes
advocaat' for or against a parr icular candidates ori ballot rrieasurie;
(7) Tr ei local orclanizallicin hosting IhEi Ronl.rri sl• all f ave t EEln in exisllence for all least
twelve ('12) months prioir tc the election, unless llhis rieigc iremerit is \Aaived by a rria.ority
of the Cily Council;
(8) The local onganizallion hostinc the Rorum shall riot hEIVEI hac a ciampaign commitleie
or politicial acllicri committee within rlhe previous twelve (112; rrionihs;
(19) the local orclanizallion must be a group of persons versus a single indivic ual; and
(110; Tl• e City Council may consider any Wer criteria it deems to be relevant undEir i l• is
policy.
USE OR CITY'S OFFICIAL SEAL] Ail THE RORU M
L set oir display of ihEi City's official seal at a Fcinl. m shall, all all 1imEis, be consistent with
N Eiwporr E each Muniaipal Code E -lection 1.16.090, or any successor stall ute.
USE OR CITY RESOURCES
Facilities — City owned facilities, with the excEiptiCn cif the City Council Chambers, may
bE provided at no cosi) to hos11 Rorurris aLllhorized by the City Council under this policy.
71• ei Cilly rriay also provides, all riot cosi, Ciily stafll IimE and eigc ipmEinil (spEiciifically, tat IEis,
chairs and audio-visual equiprrient; necEssaryl fori sEtting up ihEi room fora the Rorum.
NB7M — The City may provide resources tci film and broac cast Rcirums selected by the
City Council undEir this policy on N EIV. Rcirums may t ei filrried and replayed on NBT\�.
Adoptec – SeptembEui 27, 2016
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