HomeMy WebLinkAbout05 - General Plan Update Initiation and Creation of a Steering Committee (PA2017-141)P0 @ CITY OF
i NEWPORT BEACH
City Council Staff Report
January 17, 2019
Agenda Item No. 5
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Community Development Director - 949-644-3232,
sjurjis@newportbeachca.gov
PREPARED BY: James Campbell, Deputy Community Development Director,
jcampbell@newportbeach.gov
PHONE: 949-644-3210
TITLE: Resolution No. 2019-7: General Plan Update Initiation and Creation
of a Steering Committee (PA2017-141)
ABSTRACT:
Initiate amendments to the General Plan and Local Coastal Program to review and update
the policy documents and establish a General Plan Update Steering Committee.
RECOMMENDATION:
a) Determine this 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
this action will not result in a physical change to the environment, directly or indirectly;
b) Adopt Resolution No. 2019-7, A Resolution of the City Council of the City of Newport
Beach, California, Initiating Amendments to the General Plan and Local Coastal
Program and Creating the General Plan Update Steering Committee.
FUNDING REQUIREMENTS:
Updating the General Plan will require significant funding over time and exact costs are
not known at this time. The current adopted budget does not include any funding to start
the update process. Consultant assistance for public outreach, preparation of the General
Plan update, technical studies, fiscal analysis, and environmental review will likely exceed
$2.5 million dollars. Once proposals are received from consultants, the City Council may
be asked to approve a budget amendment for the anticipated expenses through this
current fiscal year. The remainder will be funded through future budgets.
DISCUSSION:
On January 8, 2019, the City Council held a study session regarding the review and
update of the General Plan. During the meeting, there was a consensus to initiate the
amendment process and establish a Steering Committee.
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Resolution No. 2019-7: General Plan Update Initiation and Creation of a Steering
Committee (PA2017-141)
January 17, 2019
Page 2
The attached resolution initiates the amendment pursuant to City Council Policy K-1 and
establishes a General Plan Update Steering Committee consistent with the Council's
direction. The initiation includes necessary amendments to the Local Coastal Program
(LCP) to maintain consistency with the two policy documents.
The Steering Committee will be composed of the Mayor and five residents of the
community. The Mayor will be an ex officio member (without the power to vote on items).
If a resident is interested in serving on the Steering Committee, they will be able to submit
applications to the City Clerk. Interested residents must be a registered voter and be able
to make the time commitment to serve on the committee.
The selection of the committee members will be done by an ad-hoc Appointment
Committee composed of the Mayor and two other City Council Members. The two Council
Members will make committee member recommendations to the Mayor. The Mayor will
appoint the committee members, and the appointees will be confirmed by the City
Council.
The Steering Committee will end once the "Listen and Learn" phase of the project has
been completed. The Steering Committee members will have an opportunity to continue
working on the General Plan update through future committees. Detailed information on
the formation, selection and responsibilities of the Steering Committee are provided in the
attachment to the resolution (Attachment A).
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.
Adopting an update of the General Plan will require the preparation of an environmental
impact report pursuant to the CEQA.
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).
ATTACHMENT:
Attachment A — Resolution No. 2019-7
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ATTACHMENT A
RESOLUTION NO. 2019- 7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, INITIATING
AMENDMENTS TO THE GENERAL PLAN AND LOCAL
COASTAL PROGRAM AND CREATING THE GENERAL
PLAN UPDATE STEERING COMMITTEE
WHEREAS, the last comprehensive update to the City of Newport Beach's
General Plan ("General Plan") occurred in 2006;
WHEREAS, the General Plan provides a framework for the City's future
development and requires comprehensive updates from time -to -time to ensure the
General Plan matches the desires of the community and complies with State mandates;
WHEREAS, since the last comprehensive update of the General Plan, there
have been changes in State planning law which effect the General Plan;
WHEREAS, the City Council desires the community to review and update the
General Plan and amend the Local Coastal Program ("LCP") as necessary to maintain
consistency between the General Plan and the LCP;
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
process of updating the General Plan;
WHEREAS, the City Council desires to form a General Plan Update Steering
Committee, comprised of the Mayor, who shall be an ex officio member without the
power to vote, and five (5) residents, who shall be appointed by the Mayor and
confirmed by the City Council; and
WHEREAS, the General Plan Update Steering Committee will be responsible for:
(1) ensuring there is sufficient public outreach and stakeholder input regarding the
update to the General Plan; (2) providing guidance to City staff regarding the
preparation of a Request for Proposal for services to update the General Plan; (3)
reviewing responses to the Request for Proposal; (4) making a recommendation to the
City Council regarding the selection of a consultant to assist in updating the General
Plan; (5) providing guidance to City staff and the consultant through the "Listen and
Learn" process; and (6) making other recommendations to the City Council regarding
the update of the General Plan, as necessary.
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Resolution No. 2019 -
Page 2 of 3
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council hereby initiates a General Plan amendment and
LCP amendment in accordance with City Council Policy K-1.
Section 2: The City Council hereby creates the General Plan Update Steering
Committee. The General Plan Update Steering Committee shall be an ad hoc
committee and the term, qualification of appointees, selection of appointees,
appointment process, membership, and responsibilities of the General Plan Update
Committee shall be done in conformance with this resolution and Attachment 1, which is
incorporated herein by reference.
Section 3: 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 4: The recitals provided in this resolution are true and correct and are
incorporated into the substantive portion of this resolution.
Section 5: The City Council finds the adoption of this resolution, the initiation
of a General Plan amendment and LCP amendment, and the creation of the General
Plan Update Steering Committee, are 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.
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Resolution No. 2019 -
Page 3 of 3
Section 6: 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 22nd day of January, 2019.
Diane B. Dixon
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CIT ATTORNEY'S OFFICE
Aaron C. Harp
City Attorney
Attachment 1: Description of the General Plan Update Steering Committee
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Attachment 1
General Plan Update Steering Committee
AUTHORIZATION: Established by Resolution No. 2019-_ adopted on January 22,
2019.
MEMBERSHIP: Six (6) total. The Mayor shall be an ex officio member without
the right to vote. Five (5) residents appointed by the Mayor
and confirmed by the City Council.
TERM: The person elected as Mayor shall be a member of the General
Plan Update Steering Committee ("Committee').
The term of the appointed members of the Committee shall
be indefinite pending City Council action, or expiration of the
Committee.
MEETINGS: Meetings shall be held as required by the business needs of
the Committee in such locations, dates and times as allowed
by the Ralph M. Brown Act.
QUALIFICATIONS
OF APPOINTED
MEMBERS: Appointed Committee Members shall be:
A. A resident of the City of Newport Beach ("City");
B. A registered voter in the City of Newport Beach;
C. Appointed by the Mayor; and
D. Confirmed by the City Council.
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SELECTION AND
APPOINTMENT
OF MEMBERS: Selection of Committee Members shall be done as follows:
A. The City Clerk shall prepare a notice letting members
of the public know of the opportunity to serve on the
Committee and the application process. The notice
shall include, but not be limited to, details regarding
what information is necessary to be considered for
appointment, where to submit an application, and the
application deadline.
B. The application notice shall be published at least once
in a newspaper of general circulation in the City and
posted in the City's normal posting location for
agendas, as well as the Newport Beach Public Library
located at 1000 Avocado Avenue.
C. The deadline to submit applications for the Committee
shall be one (1) week after the application notice is
published in a newspaper of general circulation in the
City.
D. The Mayor shall form an ad-hoc Appointments
Committee, which shall be comprised of the Mayor
and two (2) Council Members to review the
applications, the applicants' answers to any questions,
and to conduct any necessary interviews.
E. In conducting their review of applications and
interviews with the individual applicants, if any, the
ad-hoc Appointments Committee shall attempt to
determine if there exists a potential conflict of interest,
which might interfere with the performance of the
applicant's duties in an impartial manner free from
bias.
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F. After the applications have been reviewed and any
necessary interviews conducted, the two (2) Council
Members on the ad-hoc Appointment Committee shall
make a recommendation to the Mayor regarding who
should be appointed to the Committee. In making a
recommendation to the Mayor, the two (2) Council
Members on the ad-hoc Appointment Committee shall
endeavor to avoid recommending appointments of
applicants with a substantial conflict of interest, which
would require repeated disqualification from voting
on issues that are likely to come before the Committee.
G. The Mayor shall consider the recommendation of the
two (2) Council Members on the ad-hoc Appointment
Committee and, after consideration of the
recommendation, decide, in the Mayor's discretion,
whom should be appointed to the Committee.
H. The Mayor shall inform the City Clerk of the names of
the members to be appointed to the Committee and the
City Clerk will submit the names of the appointees to
the City Council, at an open and noticed meeting, to be
considered for confirmation by the City Council.
I. Except as otherwise required by law, the process for
selecting, appointing and confirming members to the
Committee shall follow the process set forth herein.
PURPOSE &
RESPONSIBILITIES: A. Ensure there is sufficient public outreach and
stakeholder input regarding the update to the General
Plan;
B. Provide guidance to City staff regarding the
preparation of a Request for Proposal for services to
update the General Plan;
C. Review responses to the Request for Proposal;
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D. Make a recommendation to the City Council regarding
the selection of a consultant to assist in the update of
the General Plan;
E. Provide guidance to City staff and the consultant
through the "Listen and Learn' process; and
F. Make other recommendations to the City Council
regarding the update of the General Plan, as necessary.
EXPIRATION: The Committee shall expire and sunset without further action
upon completion of the "Listen and Learn" process.
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