HomeMy WebLinkAbout03/11/2003 - Study SessionCITY OF NEWPORT BEACH
City Council Minutes
Study Session
March 11, 2003 - 4:00 p.m.
ROLL CALL
INDEX
Present: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg
Absent: None
CURRENT BUSINESS
1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR.
Council Member Nichols stated that a restaurant in Corona del Mar was
recently approved by the Planning Commission. He asked for an update on the
status of the restaurant. Assistant City Manager Wood stated that the
restaurant was not on the agenda of the Planning Commission meeting of
March 6, 2003, but that she would check the prior agenda and be prepared to
present the information at the regular meeting.
Mayor Pro Tem Ridgeway asked for a clarification on the action being
recommended in Item No. 14, Approval of Professional Services Agreements for
Design Services for Playground Equipment. He explained that it appears that
the actual purchase of the equipment is being recommended and not just the
design services. City Manager Bludau stated that he was planning to continue
the item at the regular meeting and confirmed that the action was not just for
design services.
Council Member Proctor stated that the staff report for Item No. 3,
Establishment of the City Council Economic Advisory Committee, did not
provide adequate information. Mayor Bromberg stated that he was planning to
pull the item from the Consent Calendar at the regular meeting for discussion
and report. Council Member Proctor asked that the report include information
on what other jurisdictions have such committees.
In reference to Item No. 21, Marinapark Resort Project, Council Member
Heffernan asked if an appraisal had been conducted for the site, if an offer of a
ground rent payment was a part of the earlier negotiations with Sutherland
Talla Hospitality, and what the current ground rent is that's being paid by the
mobile home tenants.
In reference to Item No. 14, Approval of Professional Services Agreements for
Design Services for Playground Equipment, Council Member Nichols stated that
the playground equipment at Grant Howald Park has already been installed.
Recreation Superintendent McGuire explained that the first phase of the
playground equipment has been installed, but that the second phase would
provide playground equipment for the tiny tots and is the subject of the agenda
item.
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2. PRESENTATION BY SUPPUK'1'ERS UN THE UKANUE U0AS'1' K1VEN
PARK.
Nancy Gardner, Orange Coast River Park Committee, thanked the City Council
for the opportunity to make a presentation on how the Orange Coast River Park
(OCRP) can enhance the value of the community. She stated that the park can
provide a nearby alternative for getting away from urban life. Ms. Gardner
introduced Lena Hayashi.
Using a PowerPoint presentation, Ms. Hayashi stated that the OCRP is a
proposal of the Friends of the Harbors, Beaches & Parks (FHBP). She thanked
the cities of Costa Mesa, Huntington Beach and Newport Beach, the County of
Orange, the California State Coastal Conservancy, and the Friends of Harbors,
Beaches & Parks members and donors for their assistance in creating the
proposal. She stated that the FHBP is a nonprofit corporation, established in
1997, whose mission is to preserve, enhance and expand parks, trails, open
space and coastal recreation facilities in Orange County.
Ms. Hayashi stated that the proposal is for a 1,000 -acre park in the heart of the
densely urbanized central coastal area of Orange County, along the Santa Ana
River. She displayed an aerial photo of the area. Ms. Hayashi stated that most
of the land is publicly owned and intended for open space purposes, and that she
would be displaying a series of maps showing the proposed area. The northern
end of the park is currently Fairview Park in Costa Mesa and a master park
plan is being finalized. To the south of that is an area along the Santa Ana
River with two bike trails, one on either side of the river. Ms. Hayashi stated
that the next area is the Talbert Preserve South, which is owned by the County
and was restored to native habitat in the 1980's. The second restoration phase
was stopped due to the County bankruptcy in 1994. She stated that it is hoped
that this project will be completed, and that it includes the site for the proposed
bioremediation ponds, which could improve the water quality in the area.
Ms. Hayashi continued displaying maps and photos of the proposed area for the
park and stated that the southern portion includes the Banning Ranch area,
which is privately owned by a group of oil companies. She stated that the Sierra
Club's Banning Ranch Park & Preserve Task Force is attempting to get an
assessment of the land, so that they can purchase it and include it in the OCRP.
She additionally noted an area in the southern portion of the proposed park that
has recently undergone a salt water marsh restoration by the U. S. Army Corps
of Engineers, but is currently inaccessible. Ms. Hayashi stated that the area up
the coast consists of approximately 150 acres of historic wetlands and that the
Huntington Beach Wetlands Conservancy is making great progress in acquiring
the lands. The conservancy will then restore the area, as they have already
done in the Talbert Marsh area. Ms. Hayashi displayed a map of Sunset View
Park, owned by the City of Newport Beach, and stated that it will provide a
staging area for entrance into the OCRP. She acknowledged the success of
obtaining the CalTrans West, or Sunset Ridge, land for park use.
Ms. Hayashi stated that the goals of the OCRP include restoring the historic
ecological staircase, to extend a seamless passageway to the coast For inlanders
and to create an oasis of tranquility for residents and visitors. She stated that
the ecological staircase consists of the surf zone, the beach, the dunes, the
intertidal river, the marshes, the willow forest, the grassland and scrub, the
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INDEX
Orange Coast River
Park
(62)
City of Newport Beach
Study Session Minutes
March 11, 2003
INDEX
riparian and the vernal pools. She stated that the area has varied habitat and
the opportunity to restore it should not be missed. Additionally, the opportunity
for public access would be priceless.
Ms. Hayashi displayed a map showing the access points from the major streets
to the park and the staging areas, which would include parking and restrooms.
She stated that some of these are already in place. She additionally pointed out
the locations where park access is constrained. She stated that the purpose of
the OCRP Committee is to provide continuity for the open space designations
and restorations that are taking place. She displayed photos, which showed
what the area could look like. She stated that some of the many benefits of the
OCRP include greater public access and visitor enjoyment, and enhanced flora
and fauna. She stated that studies have shown that isolated parks do not have
the habitat value of a larger piece of land. She listed some of the other benefits
of the OCRP concept.
Ms. Hayashi stated that the cost of the park, who would pay for it and how long
it would take to complete are remaining issues. She stated that the park could
cost $20 to $100 million, with each agency sharing in the cost of ownership and
management. She noted that State and Federal grants would likely pay for
most of the cost, and that much of the park is already underway with the
Fairview Park and Talbert Preserve already in place, and the progress
mentioned earlier of the Huntington Beach Wetlands Conservancy.
Ms. Hayashi stated that the initial purpose of the OCRP Committee has been
accomplished. Ideas were presented and feedback was received, and the plan
document was finalized and submitted for preliminary approval to the agencies
involved. She stated that the OCRP Committee will now work on obtaining the
commitment of a contact person from the three cities and the County, and move
forward with the concept plan. Ms. Gardner noted that the contact person will
help with communication and provide for a group effort as the bond funds are
sought. Ms. Hayashi stated that the basic premise of the OCRP is for the
agencies to retain ownership and authority of their own parks, but to work in
partnership for management of the OCRP.
Mayor Bromberg noted that it's an interesting concept to develop a park that
borders three cities.
Mayor Pro Tern Ridgeway asked if the City's plan for an active park at the
CalTrans West site is inconsistent with the OCRP plans. Ms. Gardner stated
that it is not and supports the concept of having consistent management of the
entire area. Mayor Pro Tem Ridgeway confirmed with City Attorney Burnham
that giving money to the FHBP doesn't impair his ability to discuss the issue at
the current meeting.
Mayor Bromberg stated that he's a member of the FHBP. City Attorney
Burnham confirmed that he is not on the Board of Directors and stated that he
is also not impaired from discussing the issue.
Mayor Pro Tern Ridgeway stated that approximately two - thirds of the Banning
Ranch area is expected to be dedicated to open space. He stated that money
could be saved by not trying to purchase the land and, instead, trying to work
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March 11, 2003
through the process. Ms. Gardner stated that they are more concerned about
the wetlands and the bluffs and not so much the mesa, although they would
prefer the entire area to be a part of the OCRP. Ms. Gardner stated that they
are expecting to open the communication channels with the developer again.
Mayor Pro Tem Ridgeway encouraged it and acknowledged those involved with
the OCRP concept.
Mayor Bromberg asked Ms. Gardner for her expectations from the City of
Newport Beach, other than the commitment of a contact person. Ms. Gardner
stated that the City has already given money, but that any kind of endorsement
of the project and participation in the grant process would be appreciated.
Mayor Pro Tem Ridgeway suggested that the City Manager designate a contact
person from the City. City Manager Bludau confirmed that the City Council
agrees to the concept of the OCRP. Ms. Gardner stated that the next step will
be to get the master plan finalized. City Manager Bludau confirmed with
Ms. Gardner that her committee already has someone who is working on the
grants.
Council Member Proctor stated that he owns property in the area and asked for
a clarification on his participation. City Attorney Burnham stated that since it
is only the concept that is being discussed, his participation is not a problem.
Council Member Proctor stated that he supports the concept of the OCRP.
Council Member Webb asked if an active park could be included in the plans for
the Banning Ranch area. Ms. Gardner stated that compromises will be expected
along the way and that it is possible.
Mayor Pro Tem Ridgeway reminded Ms. Gardner that active parks need
parking, and that parking is also needed for the OCRP.
Philip Bettencourt, on behalf of the Banning Ranch property owners, stated that
the Banning Ranch entitlement process has been on hold but that the existing
plan does set aside approximately 200 acres, or half of the area, for open space
and habitat restoration. He stated that there is agreement on the trail network
on the bluff face, the protection of the two arroyos and the restoration of the
wetlands. Mr. Bettencourt stated that having the FHBP involved in the
planning process is supported, but that the rights of the property owners must
also be remembered. He concluded his comments by stating that they want to
work together with the FHBP.
Tom Billings acknowledged the efforts of those involved with the OCRP and
hoped that the plans would continue to move forward.
Mayor Pro Tem Ridgeway stated that the City has sixteen oil wells in the area
and due to the revenue generated, will do everything to protect the asset.
INDEX
3. RECENT MUNICIPAL ELECTION — CONSIDERATION OF NEW Election
ELECTION REGULATIONS. Regulations
(39)
City Attorney Burnham stated that staff has attempted to provide some
concepts for consideration in response to the issues that arose before and during
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INDEX
the recent municipal election. He stated that the concepts were derived during
discussions with Council Member Heffernan and Special Elections Counsel
Dana Reed. He stated that in developing and proposing the concepts, two
principles guided the discussions. These included addressing the issues that
seemed to be relevant to the municipal campaign in a meaningful way and
presenting concepts that are consistent with, and permitted by, recent court
rulings related to campaign regulations.
As a summarization of the concepts, City Attorney Burnham stated that the
first concept would require that candidates personally approve the text of mass
communications that would be intended to influence voters. The second
proposal is to expand the City's current regulations that require candidates to
file mass mailings with the City Clerk, to also file the text of phone
conversations and media spots. City Attorney Burnham stated that the third
proposal is to modify current City regulations to make it clear that the $500
campaign contribution limit applies to everyone, including those functioning as
intermediaries. The fourth recommendation is to consider auditing all
candidate and committee campaign finances, receipts and expenditures. City
Attorney Burnham stated that two other concepts deal with the disclosure of
campaign solicitations and personal services provided by persons that were
applicants for, or would benefit from, contracts or grants. The final, and
seventh, suggestion is to require that candidates and treasurers undergo
mandatory training to ensure that they know the laws and legal requirements.
Council Member Adams asked if the second concept to expand the filing of
publications and communication with the City Clerk would include the content
of websites and e- mails. City Attorney Burnham stated that since a website
would be accessible by everyone, there would probably not be the need to
disclose the content of the information. Council Member Adams stated that by
not including website content in the filing requirements, an opponent would
have to monitor the various websites instead of relying on a single source. City
Attorney Burnham clarified that mass e- mailing would be included in the
requirements and the concept of including website information could also be
considered. Council Member Adams asked how the materials that are
disseminated on behalf of a candidate without the candidate's knowledge would
be handled. City Attorney Burnham stated that the candidate would not be
responsible for submitting such information to the City Clerk. Council Member
Adams asked if the current regulations address unofficial campaigning, such as
someone posting signs on behalf of a candidate without their knowledge or
participation. Mr. Reed stated that if it's an expenditure of $1000 or more in
any calendar year, it would have to be reported by the person making the
expenditure. Council Member Adams explained that he's concerned about
people finding ways around the rules and conducting independent campaign
activities that wouldn't be reportable or fall under any of the regulations. City
Attorney Burnham agreed and Mr. Reed added that independent expenditures
are proliferating in virtually every jurisdiction that has contribution limits.
Mr. Reed pointed out that it is reportable if the cumulative amount reaches
$1000 in any calendar year.
Council Member Webb asked if this would require the contributor to register
with the Secretary of State and the City Clerk. Mr. Reed stated that registering
with the Secretary of State is only required of recipient committees, which are
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those that raise money from third parties to make political contributions. He
added that a recipient committee does have to file Form 461, the major donor
form.
Mayor Bromberg asked how unauthorized expenditures are handled. Mr. Reed
stated that the first concept presented by City Attorney Burnham would require
a candidate to personally approve the messages being sent out by that
candidate's controlled committee. It is not expected that a candidate would have
any control over what third parties do for, or against, his or her campaign. City
Attorney Burnham noted that there will always be ways for people who are
interested in influencing the outcome of an election to work outside the scope of
the regulations.
Council Member Proctor asked for additional clarification on the concept that
would require applicants for grants or contracts to disclose the identity of
campaign contribution solicitors. Mr. Reed stated that existing State law
currently requires this of appointed officials and that staff is recommending that
the same requirement be considered for elected officials. Council Member
Proctor asked for further explanation of the concept. City Attorney Burnham
explained that the disclosure would be made at the time that the City Council
would be considering a grant or contract, and only if the solicitor would be
benefiting from the grant or contract.
Council Member Heffernan stated that he could provide an example from the
recent campaign and noted the firefighters union that provided funding for City
Council candidates. He asked if those council members would have to abstain
from voting on the firefighters' contract when it was presented to the City
Council. City Attorney Burnham stated that there could be a requirement that
distinguishes disclosure from recusal. Additionally, he stated that there could
possibly be a requirement for disclosure of solicitations by the person who
benefits by the action of the City Council. Council Member Heffernan confirmed
that the regulation being presented for consideration would be for disclosure
only. City Attorney Burnham pointed out that a contribution of $500, or less,
does not create the appearance of a conflict of interest and would, therefore, not
justify a recusal.
Council Member Nichols asked for a clarification on when a person is considered
an intermediary. Mr. Reed stated that there is little experience among the
jurisdictions with regard to implementing contribution limits on intermediaries.
He noted that the City of Los Angeles felt that they had a problem with people
who are active in political campaigns and then, later, try to influence the action
of the person they helped to elect. Mr. Reed stated that after years of study, the
City of Los Angeles will be implementing a regulation that will require such
persons to disclose their activity to the elected official. He stated that in some
instances, there will also be a requirement for the elected official not to
participate in the matter.
Council Member Webb asked if a solicitor were later to be competing with others
for a grant and staff recommended that the grant be awarded to the solicitor, if
particular council members would have to recuse themselves. Mr. Reed stated
that the City of Los Angeles ordinance does not apply when the competitive
bidding process has been used. Council Member Webb stated that it might not
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necessarily be through competitive bidding, that it might be staff making an
evaluation and a recommendation to the City Council. City Attorney Burnham
stated that the City of Los Angeles has established a threshold for when
disclosure or recusal would apply. He added that the concept would apply to
individuals who have acted as intermediaries or who have actively solicited
contributions, and not to those who have just made contributions themselves.
Mayor Pro Tem Ridgeway stated that the Levine Bill already seems to address
the issue. Mr. Reed stated that the Levine Bill is a part of the Political Reform
Act (PRA) and applies to public officials who are in appointed positions.
Specifically, such officials may not participate in matters where a contributor of
more than $250 in any calendar year is a party or participant. He, additionally,
noted that a participant is considered anyone who is involved in the project
itself and that the contribution total is cumulative. Mayor Pro Tern Ridgeway
confirmed with City Attorney Burnham that elected officials have a broader
spectrum of people they can receive contributions from due to the first
amendment. Mayor Pro Tern Ridgeway asked for a clarification of the second
concept. City Attorney Burnham stated that the filing of communications would
be expanded to include more than just mailings and that it would be required
contemporaneously with the distribution, rather than within two hours.
Mr. Reed stated that websites are difficult to include in the requirement because
they are accessible to the public 24 hours a day.
Council Member Adams stated that the content of a website can be changed at
any time and shouldn't be dismissed. Mr. Reed stated that it could be included
if that is the direction of the City Council. City Attorney Burnham agreed that
it could be looked at. Council Member Adams stated it should be included since
an opposing candidate can't be expected to monitor a website 24 hours a day.
Council Member Nichols asked for a clarification on the proposal to limit
contributions made by intermediaries. City Attorney Burnham stated that the
proposal is not to change the City's current limit of $500, but to make it clear
that an intermediary could not make a contribution of more than $500. For
example, two people could make direct contributions of $500 each to a
candidate, but they could not make the contribution to an intermediary who
would then be making a contribution of $1000 to the candidate. City Attorney
Burnham added that this does not prohibit solicitation of contributions.
Mr. Reed stated that a person becomes an intermediary when he or she receives
contributions from a third party and co- mingles it with his or her own funds to
make a contribution to a candidate. Council Member Nichols confirmed that
intermediaries are currently allowed to make contributions above the campaign
limits by State law. City Attorney Burnham stated that State law does not
address municipal campaign contribution limits and staff is suggesting that the
City Council consider a modification to the City's regulations to prohibit any
individual from contributing more than $500 to a candidate. Council Member
Nichols provided an example of a husband and wife contributing $1000 to a
candidate. Mr. Reed stated that if both parties signed the check, it would be
permitted.
Council Member Heffernan referred to the proposal to require filing of
communications with the City Clerk concurrently with distribution, and asked
how distributions that occur during nonbusiness hours would be handled.
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Mr. Reed stated that requiring disclosure prior to distribution is prohibited and,
therefore, the City Clerk would need to provide a location for drop -offs of such
communications. City Attorney Burnham added that it would be prohibited to
disallow the distribution of the communication if the City Clerk's office is not
open. Council Member Heffernan stated that the proposal wouldn't work in
"leveling the playing field" since opponents would not be able to view the
information until the City Clerk's office reopened. Mr. Reed suggested that
using the internet for disclosure could also be considered.
Mayor Pro Tern Ridgeway stated that it would be impossible to level the playing
field. The filing of the communication doesn't disclose the type of distribution
that was done, which doesn't provide the ability for the opponent to respond. He
pointed to examples of late night or election day campaigning.
Mayor Bromberg confirmed with City Attorney Burnham that the staff
proposals for City Council consideration are meant to provide the legal issues
involved with implementing such regulations.
Council Member Proctor referred to the disclosure of campaign solicitations and
asked if the concept would apply to a grant applicant who solicited more than
$500 for a candidate. City Attorney Burnham stated that such a person would
need to disclose their activity. Mr. Reed added that the burden for disclosure
would be on the applicant, not on the elected official.
Council Member Heffernan stated that his reason for bringing the issue of
election regulations to the City Council for discussion was to attempt to add
some integrity to the system. He stated that voter turnout is decreasing and it's
probably because the voters don't trust politicians. He stated that this
perception needs to be changed and that it's a problem that's not unique to
Newport Beach.
Mayor Bromberg stated that he doesn't feel that voters don't go to the polls
because they don't trust their elected officials. He stated that those that don't
trust their elected officials are in the minority and that a more likely reason for
low voter turnout is apathy. Mayor Bromberg stated that there is a high level of
integrity in Newport Beach government.
Council Member Adams agreed and stated that if the voters don't like what they
see, it should be a reason for them to get out and vote.
Council Member Heffernan disagreed and stated that people don't vote because
they feel their vote doesn't count. He stated that the perception needs to be
changed and there's an opportunity for the City to do something.
Council Member Adams stated that it's wrong to think that an individual vote
doesn't count and that it indicates a misunderstanding of the system.
Tom Billings thanked the City Council for addressing the issue, and stated that
ethics also needs to be addressed. He stated that a group of concerned citizens
have developed the Campaign Reform and Ethics (CARE) Code. Mr. Billings
provided a handout with information on the CARE Code, which was put
together by the group with input from similar organizations outside of Newport
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1111791
beach. He stated that the overriding purpose of CARP: is to set ethical
benchmarks for candidate conduct in elections. He stated that some of the
proposals discussed earlier in the meeting are covered in the CARE Code.
Specifically, the CARE Code limits campaign expenditures to $15,000 per
candidate. He stated that the CARE Code also prohibits an incumbent
candidate from using his or her City position or City resources for campaign
purposes. Mr. Billings stated that the CARE Code also addresses ethics by
asking each candidate to voluntarily agree to honesty and fairness,
responsibility, and respect and compassion.
Ann Watt stated that she's a citizen who feels that the campaign issue is
important and goes to the heart of the country's Constitution. She thanked
those involved with having the issue brought before the City Council and stated
that the money granted to the Airport Working Group (AWG), the Citizens for
Jobs & the Economy (CJ &E) and the Orange County Regional Airport Authority
(OCRAA) provides an example that something needs to be done. She specifically
noted Dave Ellis, the director of AWG, and his involvement with the campaigns
of some of the council members.
Council Member Adams pointed out that Mr. Ellis was not his campaign
manager during the 1998 election.
Ms. Watt stated that the City of Newport Beach is powerful and influenced the
County's decision regarding the John Wayne Airport settlement agreement.
Ms. Watt stated that Mr. Ellis benefited from the money granted to AWG and
there's a perception that it's a payback. She stated that certain council
members should have recused themselves from voting. She requested that the
City not grant salaries to organizations such as OCRAA, because it would be
unclear who the employee would be influenced by.
Philip Arst, spokesperson for Greenlight, referred to Greenlight's
correspondence of March 7, 2003, and stated that the PRA and the City's
campaign contribution regulations are clear, cover many of the issues being
discussed and have mechanisms for enforcement. Mr. Arst stated that
regarding the proposal to require filing of all communications, Greenlight is
suggesting that each candidate receive a page on the City's website for their use.
He stated that no regulation will ever work perfectly, but leveling the playing
field should be strived for and is the reason why Greenlight is recommending
that the City Charter be changed to hold elections by district. He stated that it
will reduce the amount of money spent on campaigns. Mr. Arst stated that he
disagrees with the proposal to restrict intermediaries from providing funding to
candidates. He stated that it restricts the ability of residents to unite and solicit
contributions. Mr. Arst stated that he has the highest regard for the City's
police and fire departments, but feels that there is a conflict of interest when
they support candidates.
Dolores Otting stated that she ran for the City Council in a previous election
and was interviewed by the fire union. She stated that the police groups did not
interview her and she has heard of similar complaints from other candidates.
Ms. Otting stated that if they are going to support a candidate, they should have
to interview all of the candidates. She additionally noted that the message
being sent out when the fire and police associations support a particular
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INDEX
candidate is that the streets will be safe if that candidate is elected. She
commended Council Member Heffernan for his efforts.
Bernie Svalstad asked how violations would be enforced and suggested that they
be handled by the City instead of by the district attorney or a special prosecutor.
City Attorney Burnham stated that the City's campaign contribution ordinance
is clear on who can enforce the regulations. He stated that an appointed city
attorney should not have the authority to do so since he or she is an at -will
employee, can be dismissed at any time and may not aggressively pursue a
violation.
Mayor Bromberg thanked the speakers. He stated that he disagrees with
limiting the amount of money a candidate can raise. He also disagreed with
holding elections by district because the citizens look to all of the council
members to take care of their concerns. Additionally, Mayor Bromberg stated
that he was told that the fire and police groups provided every candidate with
the opportunity for an interview in the recent election.
Of the proposals offered by staff, Council Member Adams stated that he
supports the idea of training for candidates and treasurers. He also expressed
his support for updating the filing of communications to include all forms of
communication, and to do so electronically. He stated that the other proposals
need further investigation and discussion before he could support them.
Mayor Bromberg agreed with Council Member Adams' comments.
Council Member Heffernan stated that one of the most important issues is full
disclosure between campaign contributions and later votes, although he doesn't
necessarily support recusal. He stated that the implementation of the new
ordinance in Los Angeles should be investigated by the City.
Mayor Pro Tem Ridgeway stated that he also supports the two items supported
by Council Member Adams, and that he is interested in seeing what happens
with the new regulations in Los Angeles. Mayor Pro Tem Ridgeway noted that
although the issues involving Mr. Ellis may have prompted a look at the City's
campaign regulations, it should be clear that the City Council did not hire
Mr. Ellis. He stated that money was given to AWG, but not to Mr. Ellis. Mayor
Pro Tem Ridgeway additionally stated that he does not support elections by
district since many issues are city -wide issues and the voters should be able to
vote for all of their representatives. Lastly, Mayor Pro Tem Ridgeway stated
that he felt that the recent campaigns were run with integrity and he disagrees
with limiting campaign expenditures.
Council Member Nichols stated that there were problems in the recent
campaign and that they were structural, not minor. He stated that there should
be full disclosure of communications and contributions. He also supported
pursuing and discussing the proposals further.
Council Member Webb agreed with the two items supported by Council Member
Adams. He stated that he didn't quite understand the difference in what would
be accomplished by the disclosure of campaign solicitations and personal
services, as outlined by City Attorney, and suggested that they could possibly be
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INDEX
combined. Council Member Webb supported council members being voted on
city -wide since they represent the entire city.
Council Member Heffernan asked if staff had enough direction.
Mayor Bromberg stated that the consensus seems to be for support of the second
and seventh proposals presented by the City Attorney.
Council Member Heffernan stated that he would still like to see the fifth
proposal pursued, that an audit of the AWG grant did show that Mr. Ellis was
paid $435,000 and his campaign involvement should have been disclosed.
Mayor Bromberg stated that it provides an example of how someone can be
compromised. He stated that just because a grant was given to a third party
and they hire someone who was involved with a council member's campaign
doesn't mean that there is anything unethical happening.
City Attorney Burnham stated that it might be appropriate for the City to follow
the implementation of the ordinance in Los Angeles, and return with additional
information on the fifth and sixth proposals based on the concerns heard at the
meeting.
PUBLIC COMMENTS — None.
ADJOURNMENT — at 6:12 p.m.
The agenda for the Study Session was posted on March 5, 2003, at 4:15 p.m. on
the City Hall Bulletin Board located outside of the City of Newport Beach
Administration Building.
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