HomeMy WebLinkAbout06 - Formation of an Ad Hoc Committee on Local Lobbyist RegistrationTO:
FROM
CITY OF
NEWPORT BEACH
City Council Staff Report
April 9, 2019
Agenda Item No. 6
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
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. 2019-32: Formation of an Ad Hoc Committee on Local
Lobbyist Registration
ABSTRACT:
The City Council requested an ad hoc committee be established to develop a policy
regarding local lobbyist registration and reporting.
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. 2019-34, A Resolution of the City Council of the City of Newport
Beach, California, Creating an Ad Hoc Committee on Local Lobbyist Registration; and
c) Confirm the Mayor's appointments of Mayor Pro Tem Will O'Neill and Council
Members Kevin Muldoon and Joy Brenner.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
A lobbyist is defined as any individual, entity or organization that receives or becomes
entitled to consideration to communicate directly or through his or her agents, with any
elected or appointed official, for the purpose of influencing legislative or administrative
action of the City or any regional agency that has regulatory oversight, authority or
jurisdiction over the City.
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Resolution No. 2019-34: Formation of an Ad Hoc Committee on
Local Lobbyist Registration
April 9, 2019
Page 2
There are a number of cities statewide that have lobbying ordinances including: Anaheim,
Irvine, Long Beach, Sacramento, Santa Clara, Santa Clarita, San Luis Obispo, Milipitas,
Santa Monica, Palm Springs, and West Hollywood. The ordinances require firms who
lobby the city to report those activities to the City Clerk on a set schedule. This reporting
allows the public to see firms that lobby for a variety of issues and firms that are
represented by lobbying firms.
The purpose of the Ad Hoc Committee on Local Lobbyist Registration is to advice the City
Council and provide recommendations on whether or not an ordinance should be enacted
to require a lobbyist to register with the City and what those parameters should be.
The Ad Hoc Committee will sunset on December 31, 2019 or whenever a
recommendation is made to the City Council, whichever comes first.
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. 2019-34
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ATTACHMENT A
RESOLUTION NO. 2019- 34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, CREATING AN AD
HOC COMMITTEE ON LOCAL LOBBYIST
REGISTRATION
WHEREAS, many government agencies in California require a lobbyist to
register with the agency or report to the agency who the lobbyist is representing and the
nature of their contacts with agency officials; and
WHEREAS, the City Council desires to form an Ad Hoc Committee on Local
Lobbyist Registration, comprised of three (3) Council Members, to recommend to the
entire City Council whether an ordinance should be enacted to require a lobbyist to
register with the City of Newport Beach, and if so, the parameters of the ordinance.
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 Local
Lobbyist Registration, comprised of three (3) Council Members appointed by the Mayor
and confirmed by the entire City Council. The sole purpose and responsibility of the Ad
Hoc Committee on Local Lobbyist Registration shall be to study and recommend to the
entire City Council whether an ordinance should be enacted to require a lobbyist to
register with the City of Newport Beach, and if so, the parameters of the ordinance.
Section 2: The Ad Hoc Committee on Local Lobbyist Registration 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 Local Lobbyist Registration shall not be
subject to the Brown Act; however, the recommendation of the Ad Hoc Committee on
Local Lobbyist Registration shall be considered at a noticed and public hearing by the
entire City Council.
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.
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Resolution 2019 -
Page 2 of 2
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 1, Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron C. Harp
City Attorney