HomeMy WebLinkAbout2012-22 - Support Petition of FPPC Amend Regulations 18705.5RESOLUTION NO. 2012 -22
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH, CALIFORNIA SUPPORTING THE PETITION
BEFORE THE FPPC TO AMEND REGULATION SECTION 18705.5 RELATING TO
COUNCIL MEMBER APPOINTMENTS
WHEREAS, the staff of the Fair Political Practices Commission ( "FPPC ") recently
issued a new interpretation of Regulation Section 18705.5, which interpretation prohibits
council members throughout the State of California from participating in decisions
regarding their appointment to governmental boards, committees, and commissions that
pay $250 or more in a 12 -month period; and
WHEREAS, the FPPC's Regulation and staff interpretation is inconsistent with
state statutory law that specifically excludes from the definition of income any salary,
reimbursement, or other benefits received from a local, state, or federal governmental
agency; and
WHEREAS, the FPPC's Regulation and staff interpretation is contrary to sound
public policy and good government principles relating to multi - jurisdictional
governmental bodies; and
WHEREAS, the City of Newport Beach ( "City ") along with the cities of Anaheim,
Dana Point, Irvine, La Palma, San Clemente, Villa Park and Yorba Linda retained
outside counsel to submit a Petition to the FPPC asking for an amendment to
Regulation Section 18705.5; and
WHEREAS, the cities' Petition is scheduled to be considered by the FPPC at its
March 15, 2012 meeting; and
WHEREAS, the City desires to express its support for the Petition through the
adoption of this resolution.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City of Newport Beach supports the Petition before the FPPC,
and encourages the FPPC, to amend Regulation Section 18705.5 to be consistent with
California Government Code Section 82030(b)(2).
Section 2: The City Council finds this action is not subject to the California
Environmental Quality Act ( "CEQK) 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)
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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 3: This resolution shall take effect immediately upon its adoption by
the City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 28th day of February, 2012.
ATTEST:
Leilani I. Brown
City Clerk
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Mayor
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, Leilani 1. Brown, City Clerk of the City of Newport Beach, California, do hereby
certify that the whole number of members of the City Council is seven; that the foregoing resolution,
being Resolution No. 2012 -22 was duly and regularly introduced before and adopted by the City
Council of said City at a regular meeting of said Council, duly and regularly held on the 28th day of
February, 2012, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Hill, Rosansky, Curry, Selich, Henn, Daigle, Mayor Gardner
Noes: None
Absent: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 29th day of February, 2012.
City Clerk T
Newport Beach, California
(Seal)