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HomeMy WebLinkAbout2019-33 - Creating an Ad Hoc Committee on Election ReformRESOLUTION NO. 2019-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, CREATING AN AD HOC COMMITTEE ON ELECTION REFORM WHEREAS, local elections are highly regulated by provisions of federal, state and local law including, but not limited to, the Political Reform Act; WHEREAS, periodic review of the City of Newport Beach's Municipal Code ("NBMC") is desirable to determine whether provisions of the NBMC governing elections should be updated or modified; WHEREAS, the City Council originally formed an Ad Hoc Committee to look at election reform at the March 14, 2017 City Council meeting, however, this Ad Hoc Committee did not meet on this issue; and WHEREAS, the City Council desires to create an Ad Hoc Committee on Election Reform, comprised of three (3) Council Members, which shall supersede the Ad Hoc Committee formed on March 14, 2017, to determine whether the provisions of the NBMC governing elections should be modified or updated and make a recommendation to the entire City Council in regards thereto. 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 Election Reform, comprised of three (3) Council Members appointed by the Mayor and confirmed by the entire City Council, which shall supersede the Ad Hoc Committee formed on March 14, 2017. The sole purpose and responsibility of the Ad Hoc Committee on Election Reform shall be to determine whether the provisions of the NBMC governing elections should be modified or updated and make a recommendation to the entire City Council in regards thereto. If the City Council adopts Resolution No. 2019-34, the Ad Hoc Committee on Election Reform shall not consider any matter within the scope of the Ad Hoc Committee on Local Lobbyist Registration. Section 2: The Ad Hoc Committee on Election Reform 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 Election Reform shall not be subject to the Brown Act; however, the recommendation of the Ad Hoc Committee on Election Reform shall be considered at a noticed and public hearing by the entire City Council. Resolution 2019-33 Page 2 of 2 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. 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 9t" day of April, 2019. Diane B. Dixon Mayor ATTEST: L ;ani�Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE A /I C Aaron C. Harp City Attorney STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. 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; the foregoing resolution, being Resolution No. 2019-33 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 9th day of April, 2019; and the same was so passed and adopted by the following vote, to wit: AYES: Council Member Brad Avery, Council Member Joy Brenner, Council Member Duffy Duffield, Council Member Kevin Muldoon, Mayor Pro Tem Will O'Neill, Mayor Diane Dixon NAYS: Council Member Jeff Herdman IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 101h day of April, 2019. a- '/'- aniI rown ity CI rk Newport Beach, California