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Home My WebLink About05 - Formation of Ad Hoc Committee on Election ReformPORT CITY OF O � _ i NEWPORT BEACH City Council Staff Report <i FO RN April 9, 2019 Agenda Item No. 5 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Grace K. Leung, City Manager - 949-644-3001, gleung@newportbeachca.gov PREPARED BY: Carol Jacobs, Assistant City Manager, cjacobs@newportbeachca.gov PHONE: 949-644-3313 TITLE: Resolution No. 2019-33: Formation of Ad Hoc Committee on Election Reform ABSTRACT: At the City Council meeting of March 12, 2019, the City Council requested the reinstatement of an Ad Hoc Committee on Election Reform. The attached resolution will establish the Committee and the Mayor has provided her recommendations on the membership of the Committee. RECOMMENDATION: a) Determine this 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 this action will not result in a physical change to the environment, directly or indirectly; b) Adopt Resolution No. 2019-33, A Resolution of the City Council of the City of Newport Beach, California, Creating an Ad Hoc Committee on Election Reform; and c) Confirm Mayor Diane Dixon's appointments of Mayor Pro Tem Will O'Neill, Council Member Brad Avery and Council Member Joy Brenner to the Ad Hoc Committee on Election Reform. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: On February 28, 2017, Council Member Diane Dixon requested the formation of an Election and Campaign Reform Committee. The Mayor at the time, Kevin Muldoon and the City Council approved the Ad Hoc Committee on March 14, 2017, comprised of Council Members Diane Dixon, Jeff Herdman and Scott Peotter. The Committee did not meet on this issue. 5-1 Resolution No. 2019-33: Formation of Ad Hoc Committee on Election Reform April 9, 2019 Page 2 On March 12, 2019, City Council Member Jeff Herdman requested this group be reinstated to provide recommendations to the City Council. In accordance with City Council Policy A-2, Boards, Commissions and Committees and in consideration of the new City Council member and new Mayor since the original Ad Hoc committee formation, the Mayor has proposed the Ad Hoc Committee be comprised of Mayor Pro Tem Will O'Neill, and Council Members Brad Avery and Joy Brenner. The Ad Hoc Committee would sunset on recommendations to the City Council or December 31, 2019, whichever comes first. The goal of the Ad Hoc Committee is to determine which provisions of the Newport Beach Municipal Code are recommended to be modified or updated and make a final recommendation to the full City Council. 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). ATTACHMENT: Attachment A — Resolution No. 2019-33 5-2 ATTACHMENT A RESOLUTION NO. 2019-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, CREATING AN AD HOC COMMITTEE ON ELECTION REFORM WHEREAS, local elections are highly regulated by provisions of federal, state and local law including, but not limited to, the Political Reform Act; WHEREAS, periodic review of the City of Newport Beach's Municipal Code ("NBMC") is desirable to determine whether provisions of the NBMC governing elections should be updated or modified; WHEREAS, the City Council originally formed an Ad Hoc Committee to look at election reform at the March 14, 2017 City Council meeting, however, this Ad Hoc Committee did not meet on this issue; and WHEREAS, the City Council desires to create an Ad Hoc Committee on Election Reform, comprised of three (3) Council Members, which shall supersede the Ad Hoc Committee formed on March 14, 2017, to determine whether the provisions of the NBMC governing elections should be modified or updated and make a recommendation to the entire City Council in regards thereto. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby creates an Ad Hoc Committee on Election Reform, comprised of three (3) Council Members appointed by the Mayor and confirmed by the entire City Council, which shall supersede the Ad Hoc Committee formed on March 14, 2017. The sole purpose and responsibility of the Ad Hoc Committee on Election Reform shall be to determine whether the provisions of the NBMC governing elections should be modified or updated and make a recommendation to the entire City Council in regards thereto. If the City Council adopts Resolution No. 2019-34, the Ad Hoc Committee on Election Reform shall not consider any matter within the scope of the Ad Hoc Committee on Local Lobbyist Registration. Section 2: The Ad Hoc Committee on Election Reform shall be an advisory committee and shall expire upon making a recommendation to the entire City Council or December 31, 2019, whichever occurs first. Section 3: The Ad Hoc Committee on Election Reform shall not be subject to the Brown Act; however, the recommendation of the Ad Hoc Committee on Election Reform shall be considered at a noticed and public hearing by the entire City Council. 5-3 Resolution 2019-33 Page 2 of 2 Section 4: If any section, subsection, sentence, clause or phrase of this resolution is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 5: The recitals provided in this resolution are true and correct and are incorporated into the substantive portion of this resolution. Section 6: 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, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 7: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting this resolution. ADOPTED this 9th day of April, 2019. Diane B. Dixon Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY TTORNEY'S OFFICE Aaron C. Harp City Attorney 5-4