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HomeMy WebLinkAbout03 - City Council Policy on Candidate Forums that Use City ResourcesSeptember 27, 2016 Agenda Item No. 3 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Dave Kiff, City Manager - 949-644-3001, dkiff@newportbeachca.gov PREPARED BY: Tara Finnigan, Assistant to the City Manager, tfinnigan@newportbeachca.gov PHONE: 949-644-3035 TITLE: City Council Policy on Candidate Forums that Use City Resources ABSTRACT: This is a proposed policy related to Newport Beach City Council candidate forums held at City of Newport Beach facilities and/or filmed for broadcast on the City's government access television channel, NBTV. RECOMMENDATION: a) Determine that the 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 it will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2016-112, A Resolution of the City Council of the City of ]Newport Beach, California, Establishing a City Council Policy for Candidate Forums that Use City Resources, Council Policy A-21. FUNDING REQUIREMENTS: There is no immediate fiscal impact related to the adoption of this item. Should the proposed Council Policy be adopted, in doing so, the Council will be waiving the City facility room rental fees for the selected Forums and it will be waiving the related equipment and staff costs for the selected Forums (as allowed under NBMC 3.36.030). Staff will budget appropriately for NBTV during election years to incorporate the cost of filming and broadcasting City Council candidate forums. DISCUSSION: The City of Newport Beach (City) allows local organizations to host Newport Beach City Council Candidate forums in City -owned facilities. And, the City's government access television channel, Newport Beach Television (NBTV), has a practice of filming and broadcasting on NBTV, several City Council candidate forums during each election 3-1 City Council Policy on Candidate Forums that Use City Resources September 27, 2016 Page 2 cycle. The City has done so to help facilitate open and unbiased communication about Newport Beach General Municipal Elections with its residents, visitors and business owners. In recent years, staff has observed an increase in the number of Newport Beach City Council candidate forums held at City facilities and the number of requests the City receives to film and broadcast candidate forums on NBTV. To help us better allocate City resources in an equitable and unbiased manner, staff drafted a Council Policy related to Candidate Forums that use City resources for the City Council's consideration. As proposed in the draft Council Policy, the City would continue to allow local organizations to hold candidate forums in City facilities and would continue to broadcast candidate forums on NBTV. The proposed policy: Clarifies how City resources can and cannot be used for candidate forums, Defines eligible forums and eligible groups, where the forum is in a City facility, Proposes allowing eligible groups to rent City -owned facilities at no cost for candidate forums, Establishes an application and City Council selection process for the no cost City facility room rentals for eligible candidate forums and for broadcasting candidate forums on NBTV. In enacting this Policy, the City is in no way attempting to limit or regulate forums held in locations other than at City facilities. Groups and individuals are always welcome to host forums in any location without restriction or guidance from the City. 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). ATTACHMENTS: uv�T7� � uT'Taiiumm- e�[1 we i hmemiSmifif► 3-2 ATTACHMENT A R13SOLU110N NO. 2016-' 12 A RBSC UU TIC N C F THB CI1Y CC UN CIU OF Th E CITY OF N EWFIC RT 121114CH, CALIF 0 RN IA, SEITA EILISHING A CITY CCUNCIU POLICY FOR CANDIEATB FORUNS THAT USE CITY RESOURCES WH ERBAS, the City of Newpcir1 Beach t City; he Ids Geineral Muniaipal E IEiciioris for Cilly Council offices in Each eV6n-nL mber6d yEiar and a number of local onganizations hosil City Council candidate foirurris; WH ERBAS, to help facilitate Cp6n and unbiasEid commL nication about NEiwpoirt Beach City Council EIIEClliclris, the City allows local organizations to host City Council candidate forums in Cilly-ownEic facilities and the City's governrrieni acciess televisiciri channel, N ewporl Beach Televisicn t NBT,, films anc brioadcasts on NBTV several City Council canc is at6 forums during each EdEU ion cyclEi; WH ERBAS, tci address an increase in the nL mber of cianc idatEi forums h6ld and 11hEi numteri cif requests for NB-nV coverage, the City dEveloiped a policy to cluidEi the aliciciation of resources to\Aard supporting candidaile fcirc ms in an Equitable and unbiasEid manner; and WHEREAS, the propoisEic City Council Holicy A-21 clarifiEis what hypes of candidate fcirums and hcist organizations arie Eiligib16 for City supporl and r1mvideis OtjECllivEi ciiiileiria for thEi City Cciunail's cioinsideiration. NOW, THEREFORE, the City Council cif the City of NEiwpoirt Beacf r690kes as follows: 'Iec ticin 1: Tl- Ei City Council does hereby apprcVEe and adopt City Council Holicy A-21, City Council Candidaile Forums attachEid hEiretci as Exhibit A, and incorporatec herein by nEiferience. 'Iecticin 2: -Rhe reciilals prcvideid in 11his resolOicn are true and correct and are incorporated into the operative part of this resolutior. 'Iecticin 3: If any section, subsection, seriilence, claL se or phrase of tl- is resolL tion is, fori any reason, f elc tci be invalid or unconstitutional, sucf decision shall n&1 affect tl ei validity cir cioinsiil0ionality of ilhE riemaining portions of tl- is resolution. Tf e Ciily Council hereby declares Itat it would f avEi passed this rescilution, and ee ch sEiction, subsection, sentEince, alaLse or phrases herECf, irrElspElclliV6 of th6 fact 11hat piny one cn rricire sections, subsections, sent6nces, clauses or phriases be declaried invalid or unconstituilicirial. 3-3 Resolution No. 2016-112 Page 2 of 2 Section 4: 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, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 5: This resolution and City Council Policy A-21 shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 271h day of September, 2016, Diane B. Dixon Mayor Leilani 1. Brown City Clerk APPROVED AS TO FORM: CITY ATT Q4R Y'S OFFICE Aaron Harp City Attorney Attachment. Exhibit A - City Council Policy A-21 3-4 A -2'1 CITY COUNCIL CANDIDATE FORL MS THAT USE CITY RESOURCES PURPOSE ThEi City of Neiwpod BEiach (City) holds nori-partisan elections for Ciily COL nail officieis on thEi firist 1 uesday aflEir the firsll Monday of h oveimber in each Even-riurribEireid yeah. A nL mber of local organizations host City Council CarididatEi Fon. ms (florur-ols)) and sorrie Flokrris a116 held in City -owned facilities such as Marina Fark, CA.II.I, and thEi Civic CentEir. ThEi City's govEirnmEint access television & arinEl, Newport BEiacf Television (INBT\I;, has an eistablishEid practice of filming and brioadcasting several of the Rorurris Eiacl election cycle for the informational beriefit of our residents. In re Ent years, ilhere his been an increase in the nL mber of Florurris held, and a correlalling incrEase in reiquests for ire use of City -owned facilities and NBTV coverage. Due to lirriitec City resources, the Ci11y is r. nable to accorrirr odate every) requesll. Tl• e purplose of tl- is policy is to provide objective ciriteriia for the Ci11y Council to consider w hEiri deciding Ahicih Forcros may be hoslled all City -owned facilities anc/ori receive NBTV coveragEi. ARRU ICATIC N PRC CESSI ThEi Ciiy Manager shall cnEiate an appiliciation to t e used by local organizallions desiring to use City -owned facilities and/ori receive N BTV coverage of their Rorurn. A pplicailions shall bEi availablEi in the Ciiy Manager's Cffice and/or on the City's websille. Completed applicailions mist be turned irillo the Ci11y Manager's Cfllice tetweEn July 1 and uly 31 of each even-nurribered year. The City Manager shall submit all timely recEWEic anc corriplete applicallions ilo the City Coy nail fon consic erallion. FC RUM SIE IJE CTION CRIlI E RIA ThEi City Council, ai a regular or special rreeting, nary consider the following criteria \,\ f• en selecting For. ms to use City-owried facilillies and/or receiV6 h BTV coverage: ('I; If the Forum is citywide, all hewpoil Beach City Council candidalles must be invitElc at the same 1im6 io participate Eiqually in 11hEi Rorurri. If the Forl. m focuses on a single district, all candidates running for officEi in If at district mus11 bEi invited at the sarrie tine to participate eqL ally in if e For. m; (2; Adrriissiori rriL st be free io ailiend the FoR m, bo11h for candidates and rrierribEirs of thEi audiEince; (3; All persons mus11 ke eligible to attend the Rorurr; (4; The Rorurri's vent. e mL s11 be fully accessible to persons with disak ilities; (5; TI• e local organizallion hosting ilhe Rorum sl• all be nonpartisan and sr all riot endorse any carididaiei(s) dL ring the elecl1on; 3-5 A-21 (EI) The ccriterii of 11he Rorum must be informallional in natures and may not includes advocaat' for or against a parr icular candidates ori ballot rrieasurie; (7) Tr ei local orclanizallicin hosting IhEi Ronl.rri sl• all f ave t EEln in exisllence for all least twelve ('12) months prioir tc the election, unless llhis rieigc iremerit is \Aaived by a rria.ority of the Cily Council; (8) The local onganizallion hostinc the Rorum shall riot hEIVEI hac a ciampaign commitleie or politicial acllicri committee within rlhe previous twelve (112; rrionihs; (19) the local orclanizallion must be a group of persons versus a single indivic ual; and (110; Tl• e City Council may consider any Wer criteria it deems to be relevant undEir i l• is policy. USE OR CITY'S OFFICIAL SEAL] Ail THE RORU M L set oir display of ihEi City's official seal at a Fcinl. m shall, all all 1imEis, be consistent with N Eiwporr E each Muniaipal Code E -lection 1.16.090, or any successor stall ute. USE OR CITY RESOURCES Facilities — City owned facilities, with the excEiptiCn cif the City Council Chambers, may bE provided at no cosi) to hos11 Rorurris aLllhorized by the City Council under this policy. 71• ei Cilly rriay also provides, all riot cosi, Ciily stafll IimE and eigc ipmEinil (spEiciifically, tat IEis, chairs and audio-visual equiprrient; necEssaryl fori sEtting up ihEi room fora the Rorum. NB7M — The City may provide resources tci film and broac cast Rcirums selected by the City Council undEir this policy on N EIV. Rcirums may t ei filrried and replayed on NBT\�. Adoptec – SeptembEui 27, 2016 3-6