HomeMy WebLinkAbout04 - Extending the Expiration Date of the Ad Hoc Municipal Code and Policy Review CommitteeQ SEW Pp�T
CITY OF
z NEWPORT BEACH
c�<,FORN'P City Council Staff Report
April 11, 2023
Agenda Item No. 4
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, Assistant City Manager,
tinnigan@newportbeachca.gov
PHONE: 949-644-3035
TITLE: Resolution No. 2023-18: Extending the Expiration Date of the Ad Hoc
Municipal Code and Policy Review Committee
ABSTRACT:
In September 2022, the City Council formed an ad hoc committee, comprised of three
City Council Members appointed by the Mayor and confirmed by the Council, to review
the Newport Beach Municipal Code (NBMC) and City Council Policies. Resolution
No. 2023-18, if adopted, would extend the expiration date of the ad hoc committee to
June 30, 2024. In addition, Mayor Noah Blom desires to appoint Council Member Lauren
Kleiman to serve on the Ad Hoc Municipal Code and Council Policy Review Committee.
RECOMMENDATIONS:
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. 2023-18, A Resolution of the City Council of the City of Newport
Beach, California, Extending the Expiration Date of the Ad Hoc Municipal Code and
Council Policy Review Committee to June 30, 2024;
c) Confirm Mayor Noah Blom's appointment of Lauren Kleiman to the Ad Hoc Municipal
Code and Council Policy Review Committee; and
d) Direct the Board of Library Trustees, City Arts Commission, Harbor Commission,
Parks, Beaches and Recreation Commission, and the Planning Commission to each
form an ad hoc committee for the purposes of reviewing the Municipal Code and City
Council Policies within that particular body's area of expertise and submit back to the
City Council by June 30, 2024, recommendations concerning (1) deleting or reducing
language; and (2) the advisability of applying sunset provisions for new or existing
Municipal Code provisions.
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Resolution No. 2023-18: Extending the Expiration Date of the
Ad Hoc Municipal Code and Policy Review Committee
April 11, 2023
Page 2
DISCUSSION:
On September 17, 2022, the Newport Beach City Council created the Ad Hoc Municipal
Code and Council Policy Review Committee (Committee) for the purpose of reviewing
the NBMC and Council Policies and submitting back to the Council recommendations
concerning (1) deleting or reducing language and (2) the advisability of applying sunset
provisions for new and existing code provisions. As part of this review process, the
Council also directed the Board of Library Trustees, City Arts Commission, Harbor
Commission, Parks, Beaches and Recreation Commission, and the Planning
Commission to each form an ad hoc committee to review the NBMC and Council Policies
within their particular body's expertise and submit back recommendations.
The Committee was to expire on June 30, 2023. Resolution No. 2023-18, if adopted,
would extend the Committee's expiration date to June 30, 2024 to allow the Committee
additional time to complete its review and recommendations.
Further, on September 27, 2022, the City Council appointed then Mayor Kevin Muldoon
and Council Members Noah Blom and Will O'Neill to serve on the Committee.
Mayor Blom desires to appoint Council Member Lauren Kleiman to fill the vacancy
created when former Mayor Muldoon completed his City Council term in December of last
year.
FISCAL IMPACT:
There is no fiscal impact related to this item.
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. 2023-18
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ATTACHMENT A
RESOLUTION NO. 2023- 18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, EXTENDING THE
EXPIRATION DATE OF THE AD HOC MUNICIPAL CODE
AND COUNCIL POLICY REVIEW COMMITTEE TO JUNE
30, 2024
WHEREAS, Section 200 of the Charter of the City of Newport Beach ("Charter")
vests the City Council with the authority to make and enforce all laws, rules and
regulations with respect to municipal affairs subject only to the restrictions and limitations
contained in the Charter and the State Constitution, and the power to exercise, or act
pursuant to any and all rights, powers, and privileges or procedures granted or prescribed
by any law of the State of California;
WHEREAS, pursuant to the authority vested by the Charter, the City Council has
enacted ordinances with respect to municipal affairs which are set forth in the Newport
Beach Municipal Code ("NBMC");
WHEREAS, pursuant to the authority vested in the City Council by the Charter,
the City Council has adopted official polices to provide guidelines and procedures
governing the conduct of City business in conformity with the Charter and NBMC
("Council Policies");
WHEREAS, the City Council recognizes the importance of periodically reviewing
and updating the NBMC and Council Policies to ensure that the NBMC maintains
relevancy, brevity, and coherency for the benefit of the people of Newport Beach; and
WHEREAS, on September 13, 2022, the City Council adopted Resolution 2022-
58, creating the Ad Hoc Municipal Code and Council Policy Review Committee
("Committee"), consisting of three (3) Council members appointed by the Mayor and
confirmed by the entire City Council, for the purpose of reviewing the NBMC and Council
Policies and submitting back to the City Council by June 30, 2023, recommendations
concerning: (1) deleting or reducing language, and (2) the advisability of applying sunset
provisions for new and existing code provisions;
WHEREAS, Resolution 2022-58 provided an expiration date for the Committee
of June 30, 2023; and
WHEREAS, the City Council now desires to extend the expiration date to June
30, 2024.
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Resolution No. 2023-
Page 2 of 3
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council hereby extends the expiration date of the
Committee to June 30, 2024, unless terminated sooner by action of the City Council.
Section 2: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
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 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.
Emil
Resolution No. 2023-
Page 3 of 3
Section 5: 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 11 th day of April, 2023.
Noah Blom
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
zt� 2- - '.
Aaro C. Harp
City ttorney
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