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Home My WebLink About19 - Mayor's Blue Ribbon Committee on Local Political Reform19-1 NNEEWWPPOORRTT BBEEAACCHH City Council Staff Report COUNCIL STAFF REPORT CITY OF April 12, 2016 Agenda Item No. 19 ABSTRACT: On March 22, 2016, the City Council directed our office to return with an agenda item for the formation of a Blue Ribbon Committee (Committee) appointed by Mayor Diane B. Dixon. The purpose of this proposed Committee would be to study the need for local political reform, as well as potential reform measures. The Committee is proposed to be comprised of residents and City Council Members, with Mayor Dixon serving as chair. Owing to the membership mixture of City Council Members and residents, the Committee would be subject to the Brown Act. RECOMMENDATIONS: a) Adopt Resolution No. 2016-49, A Resolution of the City Council of the City of Newport Beach, California, Creating the Mayor's Blue Ribbon Committee on Local Political Reform, and Direct the City Clerk to Post and Publish Notice and Seek Applications from Interested Residents; and b)Authorize the Mayor to conduct interviews and make appointments to the Committee, subject to confirmation by the City Council. FUNDING REQUIREMENTS: The Committee is proposed to be staffed by employees from the City Attorney’s Office as well as staff from other departments, as needed. There are existing budgeted funds to staff this Committee. TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:City Attorney’s Office Aaron C. Harp, City Attorney 949-644-3131, aharp@newportbeachca.gov PREPARED BY:Michael Torres, Assistant City Attorney mtorres@newportbeachca.gov TITLE:Mayor’s Blue Ribbon Committee on Local Political Reform Mayor’s Blue Ribbon Committee on Local Political Reform April 12, 2016 Page 2 19-2 DISCUSSION: Current Campaign Contribution Rules The City of Newport Beach’s (City) campaign contribution rules are provided in Newport Beach Municipal Code (NBMC) Chapter 1.25 (Municipal Election Campaign Contribution and Expenditure Control). NBMC Chapter 1.25 places a limit on the amount of money or in-kind donations that may be contributed to, or solicited by, a candidate or a candidate controlled committee for a single election. The current contribution limit, as adjusted by the Consumer Price Index, is $1,100.00. The contribution limit is cumulative in nature, so that donations to either a candidate or a candidate controlled committee are added together to reach the $1,100.00 limit (i.e., a contribution from a single source of $600.00 to a candidate and a contribution of $500.00 to a candidate’s controlled committee are combined to reach the $1,100.00 limit). NBMC Subsection 1.25.030(D) recognizes an exception for contributions made to persons or committees not controlled by a candidate by providing that such contributions “shall not be considered as contributions to the candidate or controlled committee notwithstanding the fact that such person or committee supports the candidate or uses the contribution with a view to bringing about the nomination or election of the candidate.” The penalties for violating NBMC Chapter 1.25 include criminal prosecution and/or removal from office. Proposed Political Reforms The proposed Committee would be charged with studying issues that may affect or influence City elections. City Councilmember Keith Curry has mentioned at least four political reforms for possible study and recommendation by the Committee: 1) Granting authority to the City Attorney to hire an independent special prosecutor to investigate and prosecute violations of the City’s campaign rules; 2) Regulation of slate mail; 3) Mandatory registration for City lobbyists; and 4) Limiting campaign contributions to certain periods of time. The attached resolution provides for a Committee of five persons, comprised of the Mayor, one City Council Member, and three residents. However, the Committee’s membership and charge is based upon staff’s understanding of the City Council’s direction at the March 22, 2016 meeting and may be amended by the City Council. Mayor’s Blue Ribbon Committee on Local Political Reform April 12, 2016 Page 3 19-3 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: This agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers this item). ATTACHMENT: Attachment A - Resolution No. 2016-49 RESOLUTION NO. 2016-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, CREATING THE MAYOR’S BLUE RIBBON COMMITTEE ON LOCAL POLITICAL REFORM WHEREAS, the City Council of the City of Newport Beach (“City”) has a strong interest in preventing corruption, or the appearance of corruption, in the conduct of City elections; WHEREAS, the City Council values and respects the opinions, knowledge, and experiences of its residents and desires residents to play an important role in the study of potential political reforms; and WHEREAS, the City Council desires to form a Blue Ribbon Committee comprised of City Council Members and residents to study the need for local political reforms, as well as identify potential reform measures. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby creates the Mayor’s Blue Ribbon Committee on Local Political Reform to study the need for local political reform, as well as identify potential reform measures as described in Attachment “A,” which is incorporated herein by reference. Section 2: 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 3: The recitals provided in this resolution are true and correct and are incorporated into the substantive portion of this resolution. Section 4: The City Council finds the adoption of this resolution and the creation of the Mayor’s Blue Ribbon Committee on Local Political Reform 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. ATTACHMENT A 19-4 Section 5: 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 12th day of April, 2016. Diane B. Dixon Mayor ATTEST: Leilani I. Brown City Clerk Exhibit 1: Description of the Mayor’s Blue Ribbon Committee on Local Political Reform Resolution No. 2016-49 Page 2 of 2 19-5 Exhibit 1 Mayor’s Blue Ribbon Committee on Local Political Reform AUTHORIZATION: Established by Resolution No. 2016-__ adopted on April 12, 2016. MEMBERSHIP: Five (5) total. One (1) Council Member appointed by the Mayor subject to City Council confirmation. Three (3) residents appointed by the Mayor, subject to City Council confirmation. The Mayor shall conduct applicant interviews and serve as the chairperson. Staff support shall be provided primarily by the City Attorney’s Office and by other staff as necessary. Meetings shall be held as required by the business needs of the Mayor’s Blue Ribbon Committee on Local Political Reform (“Committee”) in such locations, dates and times as allowed by the Ralph M. Brown Act. TERM OF COUNCIL MEMBERS: Indefinite pending City Council action, or expiration of the Committee. TERM OF APPOINTED MEMBERS: Indefinite pending City Council action, or expiration of the Committee. EXPIRATION: The Committee shall expire and sunset without further action by the City Council upon the submission of a final report and/or recommendation to the City Council. 19-6 QUALIFICATIONS OF APPOINTED MEMBERS: A. Must be a resident of the City of Newport Beach; B. Must be a registered voter in the City of Newport Beach; C. Must be appointed by the Mayor and confirmed by the City Council. PURPOSE & RESPONSIBILITIES: A. Review, study and monitor events and issues which may affect City election campaigns, which may include, but not be limited to: (1) Granting of authority to the City Attorney to hire an independent special prosecutor to investigate and prosecute violations of the City’s campaign rules; (2) Regulation of slate mail; (3) Mandatory registration for City lobbyists; and (4) Limiting campaign contributions to certain periods of time; and B. Make recommendations to the City Council regarding amendments to the City’s campaign rules. 19-7