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February 26, 2019
Agenda Item No. 14
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Grace K. Leung, City Manager - 949-644-3001,
gleung@newportbeachca.gov
PREPARED BY: Tara Finnigan, Deputy City Manager,
tfinnigan@newportbeachca.gov
PHONE: 949-644-3035
TITLE: Resolution No. 2019-20: Amending the Membership of the General
Plan Update Steering Committee
ABSTRACT -
At its February 12, 2019 Regular Meeting, the Newport Beach City Council directed staff
to return to the City Council with a resolution to amend the membership of the General
Plan Update Steering Committee from five to seven resident members.
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;
and
b) Adopt Resolution No. 2019-20, A Resolution of the City Council of the City of Newport
Beach, California, Amending the Membership of the General Plan Update Steering
Committee.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
On January 17, 2019, the Newport Beach City Council adopted Resolution No. 2019-7,
which initiated amendments to the General Plan and Local Coastal Program and created
a General Plan Update Steering Committee composed of the Mayor and five Newport
Beach residents. The Mayor serves as an ex officio member, without the power to vote
on items.
On January 23, the City Clerk's Office posted and published the Notice of Opportunity to
be Appointed to the General Plan Update Steering Committee and accepted applications
until noon on January 30. Thirty-nine applications were received.
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Resolution No. 2019-20: Amending the Membership of the
General Plan Update Steering Committee
February 26, 2019
Page 2
Mayor Diane Dixon appointed herself, Mayor Pro Tem Will O'Neill and Council Member
Joy Brenner to the ad-hoc Appointments Committee to review the applications and
conduct interviews, if necessary. After the ad-hoc committee's review, Mayor Dixon
recommended Nancy Gardner (Chair), Ed Selich, Debbie Stevens, Larry Tucker and Paul
Watkins for appointment to the General Plan Update Steering Committee.
The City Council considered the recommendations at its February 12 City Council
meeting. After receiving public comment and deliberating, the City Council approved the
five appointments recommended by the Mayor and directed staff to return with a
resolution to increase the committee's membership from five to seven resident members.
If approved, Resolution No. 2019-20, will amend the committee to be comprised of the
Mayor who will serve as an ex officio member without the power to vote and seven
residents. The five residents appointed to the committee on February 12 will continue to
serve on the committee. The City Clerk's Office will prepare, post and publish a notice
informing the public of the opportunity to serve on the committee. The notice will be posted
on Wednesday, February 27 and the deadline for applications will be Wednesday, March
6 at noon. After the ad-hoc Appointments Committee considers any additional
applications received and reconsiders the 34 applications already on file, the Mayor will
recommend two additional committee members to the City Council for its review and
confirmation.
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).
ATTACHMENT:
Attachment A — Resolution No. 2019-20
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ATTACHMENT A
RESOLUTION NO. 2019- 20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AMENDING THE
MEMBERSHIP OF THE GENERAL PLAN UPDATE
STEERING COMMITTEE
WHEREAS, on January 22, 2019, the City Council adopted Resolution No. 2019-
7, establishing the General Plan Update Steering Committee ("Committee") to assist the
City of Newport Beach ("City") to review and update the City's General Plan ("General
Plan");
WHEREAS, the Committee is 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;
WHEREAS, Resolution No. 2019-7 provided that the Committee is comprised of
the Mayor and five residents, appointed by the Mayor and confirmed by the City
Council; and
WHEREAS, the City Council desires to increase the membership of the
Committee to eight members, comprised of the Mayor, who shall be an ex officio
member without the power to vote, and seven residents, who shall be appointed by the
Mayor and confirmed by the City Council.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council hereby amends the Committee to increase the
membership of the Committee to eight members, comprised of the Mayor, who shall be
an ex officio member without the power to vote, and seven residents, who shall be
appointed by the Mayor and confirmed by the City Council.
Section 2: The five resident members of the Committee appointed by the
Mayor and confirmed by the City Council at the February 12, 2019, City Council meeting
shall continue to be members of the Committee.
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Resolution No. 2019 -
Page 2 of 3
Section 3: The Committee shall continue to be an ad hoc committee and the
term, qualification of appointees, selection of appointees, appointment process,
membership, and responsibilities of the Committee shall be done in conformance with
this resolution and Attachment 1, which is incorporated herein by reference.
Section 4: The City Council hereby repeals Resolution No. 2019-7.
Section 5: 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 6: The recitals provided in this resolution are true and correct and are
incorporated into the substantive portion of this resolution.
Section 7: 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.
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Resolution No. 2019 -
Page 3 of 3
Section 8: 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 26th day of February 2019.
Diane B. Dixon
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY 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. 2019-7 adopted on January 22,
2019. Amended by Resolution No. 2019-_ adopted on
February 26, 2019.
MEMBERSHIP: Eight (8) total. The Mayor shall be an ex officio member
without the right to vote. Seven (7) residents appointed by
the Mayor and confirmed by the City Council.
MEMBERSHIP
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;
RM
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.
COMMITTEE
EXPIRATION: The Committee shall expire and sunset without further action
upon completion of the "Listen and Learn" process.
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