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HomeMy WebLinkAbout04 - Amending the General Plan Advisory Committee and the General Plan Update Steering CommitteeQ �EwPpRT CITY OF s NEWPORT BEACH `q44:09 City Council Staff Report January 14, 2025 Agenda Item No. 4 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Seimone Jurjis, Assistant City Manager/Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: Benjamin M. Zdeba, AICP, Planning Manager - 949-644-3253, bzdeba@newportbeachca.gov TITLE: Resolution Nos. 2025-2 and 2025-3: Amending the General Plan Advisory Committee and the General Plan Update Steering Committee ABSTRACT: For the City Council's consideration is the adoption of resolutions to amend the Rules of Procedures for the General Plan Advisory Committee (GPAC) and the General Plan Update Steering Committee (GPUSC) to include a requirement for members to be appointed and/or reappointed annually. The number of GPAC members would also be revised to include a range from no less than 20 to a maximum of 30. 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. 2025-2, A Resolution of the City Council of the City of Newport Beach, California, Amending the General Plan Advisory Committee to Update the Membership and Provide for Annual Appointment of Members at the First City Council Meeting Held in February; and c) Adopt Resolution No. 2025-3, A Resolution of the City Council of the City of Newport Beach, California, Amending the General Plan Update Steering Committee's Term of Membership, Responsibilities and Provide for the Annual Appointment of Members at the First City Council Meeting Held in February. DISCUSSION: On November 19, 2024, former Mayor Will O'Neill requested to amend the resolutions governing the General Plan Advisory Committee (GPAC) and the General Plan Update Steering Committee (GPUSC) to provide for the annual appointment of members at the first meeting in February of each year, pursuant to City Council Policy A-1. The City Council voted unanimously, via a straw poll, in favor of staff returning with an item. At the suggestion of then Mayor Pro Tern Joe Stapleton, it was determined that the item should come back for the City Council's consideration at the first meeting of 2025. 4-1 Amending the General Plan Advisory Committee and the General Plan Update Steering Committee January 14, 2025 Page 2 For the City Council's discussion and consideration are resolutions to revise the Rules of Procedures for the GPAC and the GPUSC, requiring annual reappointment of members for those committees. If the City Council adopts the resolutions, the City Clerk would publish the Notice of Vacancies for the GPAC and GPUSC to allow for new applications to be filed. As drafted, if a current GPAC or GPUSC member is in good standing with an application on file that is no more than two years old at the time of City Council's appointments, there would be no need to submit a new application. To further streamline the appointment process and to ensure GPAC membership is confirmed at the first City Council meeting held in February, the resolutions also remove the GPUSC's recommendation of members from the selection process. The mayor or mayor's designee will have discretion to determine the process for selecting GPAC members for the City Council's confirmation. Since the GPAC is a large group consisting of up to 30 members, it has had a challenge in keeping all members engaged and in good standing. In addition to the annual reappointment, staff is recommending that the GPAC's membership be revised to include a range of between 20 and 30 members. This will serve to clarify that the GPAC can operate with a lesser number of members and will remove the need to constantly fill vacant seats. 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). ATTACHMENTS: Attachment A — Resolution No. 2025-2 Attachment B — Resolution No. 2025-3 4-2 ATTACHMENT A RESOLUTION NO. 2025- 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING THE GENERAL PLAN ADVISORY COMMITTEE TO UPDATE THE MEMBERSHIP AND PROVIDE FOR ANNUAL APPOINTMENT OF MEMBERS AT THE FIRST CITY COUNCIL MEETING HELD IN FEBRUARY WHEREAS, based on the recommendations of the General Plan Update Steering Committee ("Steering Committee"), on September 13, 2022, the City Council adopted Resolution No. 2022-59, establishing the General Plan Advisory Committee ("GPAC"), to review and help guide the comprehensive Newport Beach General Plan Update; WHEREAS, GPAC is a relatively large group consisting of up to thirty members who were previously recommended for membership by the Steering Committee and confirmed by the City Council; WHEREAS, on August 22, 2023, the City Council adopted Resolution No. 2023- 51, amending the GPAC by establishing an attendance policy for members; and WHEREAS, the City Council now desires to amend the GPAC to update the number of members, provide for the annual appointment of members, who will be appointed by the Mayor and confirmed by the City Council, at the first City Council meeting held in February of each year, and revise the term of membership to expire upon the date of the first City Council meeting held in February each year unless reappointed 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 GPAC as set forth in Attachment 'A" attached hereto and incorporated herein by this reference. Section 2: The City Council hereby repeals all previous resolutions related to the GPAC that conflict with this resolution. Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. 4-3 Resolution No. 2025- 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 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 6: 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 14th day of January, 2025. Joe Stapleton Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE C- A'-a-&n C. Harp City Attorney Attachment "A" - General Plan Advisory Committee (GPAC) " Attachment "A" General Plan Advisory Committee (GPAC) AUTHORIZATION: Established by Resolution No. 2022-59 adopted on September 13, 2022; amended by Resolution No. 2023-51 adopted on August 22, 2023; amended by Resolution No. 2025-_ adopted on January 14, 2025. MEMBERSHIP: No less than twenty (20) and up to thirty (30) members consistent with the composition set forth below. Members will be annually appointed by the Mayor and confirmed by the City Council at the first City Council meeting held in February of each year. TERM: GPAC membership shall expire upon the date of the first City Council meeting held in February each year unless reappointed by the City Council. Members who are in good standing at the time their term has expired are eligible for reappointment and need not reapply. MEETINGS: GPAC meetings will be held as necessary. All meetings shall be held in such locations and at such dates and times consistent with the Ralph M. Brown Act. COMPOSITION OF APPOINTED MEMBERS: All members shall be Newport Beach residents and shall not be members of the City Council. The City Council seeks membership representing a diversity of geographic areas, age groups, business interests, or other interests. The appointments shall follow the guidelines below: G1 Category Number Sample Organizations / Interests City Boards, Not more than one (1) Including, but not limited to, City Arts Commissions, or member from each Commission, Board of Library Committees sample for a maximum Trustees, Harbor Commission, Parks, of six (6) members Beaches & Recreation Commission, Planning Commission, Water Quality/Coastal Tidelands Committee, Aviation Committee, etc. Non -City Not more than one (1) Including, but not limited to Friends of Boards, member from each OASIS, Newport Mesa Unified School Commissions, or sample for a maximum District, Newport Beach historical Committees of four (4) members society, Newport Beach Fire Safe Council, etc. Environmental Not more than one (1) Including, but not limited to Still interest groups member from each Protecting Our Newport (SPON), sample for a maximum Surfrider, Newport Banning Ranch of three (3) members Conservancy, Sierra Club, Coastkeeper, etc. Business Not more than one.(1) Including, but not limited to Newport interest groups member from each Beach Chamber of Commerce, CDM sample for maximum of Chamber of Commerce, the Balboa three (3) members Chamber, Visit Newport Beach, Building Industry Association of Southern California (BIA), merchants associations, etc. At -large Up to fourteen (14) Including, but not limited to interested members with a members residents or property owners (at least diversity of one from each Council District), representation community association representatives, private school operators, faith -based organizations, community service providers, major employers, large landowners, etc. Maximum of thirty (30) members gro SELECTION OF APPOINTED Except as otherwise required by state law, the MEMBERS: Mayor (or his/her designee) shall have the discretion to determine the process for selecting GPAC members and shall not be required to form an "ad -hoc appointments committee" or comply with the procedural or timing requirements set forth in Council Policy A-2. GPAC members serve at the pleasure of the City Council. MEMBER ATTENDANCE: Any one member who has three (3) consecutive unexcused absences from a regular GPAC meeting shall be deemed automatically removed from the GPAC. PURPOSE & A. Ensure there is sufficient stakeholder input RESPONSIBILITIES: regarding the update to the City of Newport Beach General Plan ("General Plan Update"); B. Review and provide guidance to City staff and its consultant(s) on changes to General Plan goals and/or policies as part of the update process that are deemed necessary or advisable to reflect the community's vision for the City; and C. Make recommendations to the General Plan Update Steering Committee regarding changes to General Plan goals and/or policies. EXPIRATION: The GPAC shall expire and sunset without further action by the City Council upon adoption of the General Plan Update or sooner if dissolved by the City Council. 4-7 Attachment "A" General Plant Advisory Committee (GPAC) AUTHORIZATION: Established by Resolution No. 2022-59 adopted on September 13, 2022; amended by Resolution No. 2023-51 adopted on August 22, 2023, amended by Resolution No. 2025- adopted on Janus 14 2025. MEMBERSHIP: No less than twenty (20) and Uup to thirty (30) members consistent with the composition set forth below. Members will be annually by -the General Plan Stonrinn Committee itsM mittee" 1,.ap_pointed by the Mayor and confirmed by the City Council at the first City Council meeting held in February of each ear. TERM: GPAC membership shall r expire upon the date of the first City Council meeting held in February each year unless reappointed by the City Councllt-rhre—duFatiE)Ri of the General Q�—iuP l 1pdatn pr-GGeSs. conch ding w4h tho City COURG4 �''fN�...uav r..i vvi.�� -�v adoption of the Gomprehensive update of the Council aGtien._ Members who are in good standing at the time their term has expired are eligible for reappointment and need not reapply. MEETINGS: GPAC meetings will be held as necessary. All meetings shall be held in such locations and at such dates and times consistent with the Ralph M. Brown Act. COMPOSITION OF APPOINTED All members shall be Newport Beach residents MEMBERS: and shall not be members of the City Council. The r" "'g MMittee a City Council seeks membership representing a diversity of geographic areas, age groups, business interests, or other interests. The appointments shall follow the guidelines below: EIR Category Number Sample Organizations / Interests City Boards, Not more than one (1) Including, but not limited to, City Arts Commissions, or member from each Commission, Board of Library Committees sample for a maximum Trustees, Harbor Commission, Parks, of six (6) members Beaches & Recreation Commission, Planning Commission, Water Quality/Coastal Tidelands Committee, Aviation Committee, etc. Non -City Not more than one (1) Including, but not limited to Friends of Boards, member from each OASIS, Newport Mesa Unified School Commissions, or sample for a maximum District, Newport Beach historical Committees of four (4) members society, Newport Beach Fire Safe Council, etc. Environmental Not more than one (1) Including, but not limited to Still interest groups member from each Protecting Our Newport (SPON), sample for a maximum Surfrider, Newport Banning Ranch of three (3) members Conservancy, Sierra Club, Coastkeeper, etc. Business Not more than one (1) Including, but not limited to Newport interest groups member from each Beach Chamber of Commerce, CDM sample for maximum of Chamber of Commerce, the Balboa three (3) members Chamber, Visit Newport Beach, Building Industry Association of Southern California (BIA), merchants associations, etc. At -large Up to fourteen (14) Including, but not limited to interested members with a members residents or property owners (at least diversity of one from each Council District), representation community association representatives, private school operators, faith -based organizations, community service providers, major employers, large landowners, etc. Maximum of thirty (30) members SELECTION OF APPOINTED TheSteering—Committer well review all MEMBERS: appliGatiens + nen on the GPAG and will finalize OR �nnnintmont reil+r.evmmendations at a duy nntiGed n"p Paoli' rneetiRg- TheSteeringC ornmitt Excep as otherwise required by state law, the Mayor (or his/her designee) shall have the discretion to determine the process for selecting GPAC members and shall not be required to form an "ad - hoc appointments committee" or comply with the procedural or timing requirements set forth in Council Policy A-2. The Steering Committee membershipTTrFe GG r Fnendations will iRG ode .a sepaFate—r-esommehair any ViGe MEMBER ATTENDANCE: GhaiF and will be provided to the Qly oGasierati,��id GPAC Mmembers serve at the pleasure of the City Council. Any one member who has three (3) consecutive unexcused absences from a regular GPAC meeting shall be deemed automatically removed from the GPAC. PURPOSE & A. Ensure there is sufficient stakeholder input RESPONSIBILITIES: regarding the update to the City of Newport Beach General Plan ("General Plan Update"); B. Review and provide guidance to City staff and its consultant(s) on changes to General Plan goals and/or policies as part of the update process that are deemed necessary or advisable to reflect the community's vision for the City; and C. Make recommendations to the General Plan Update _Steering Committee regarding changes to General Plan goals and/or policies. EXPIRATION: The GPAC shall expire and sunset without further action by the City Council upon adoption of the General Plan Update or sooner if dissolved by the City Council. 4-10 Attachment B Resolution Amending the GPUSC 4-11 RESOLUTION NO. 2025- 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING THE GENERAL PLAN UPDATE STEERING COMMITTEE'S TERM OF MEMBERSHIP, RESPONSIBILITIES AND PROVIDE FOR THE ANNUAL APPOINTMENT OF MEMBERS AT THE FIRST CITY COUNCIL MEETING HELD IN FEBRUARY WHEREAS, on January 25, 2022, the City Council adopted Resolution No. 2022- 2, establishing a General Plan Update Steering Committee ("GPUSC") to ensure sufficient public outreach and stakeholder input on the development and implementation of the City's General Plan, provide guidance with respect to selection of a General Plan update consultant, and make recommendations for the formation of, and provide oversight to, a General Plan Advisory Committee; WHEREAS, based on the recommendation of the GPUSC, on September 13, 2022, the City Council adopted Resolution No. 2022-59, establishing the General Plan Advisory Committee; and WHEREAS, the City Council now desires to amend the GPUSC to modify the GPUSC's responsibilities, provide for the annual appointment of members at the first City Council meeting held in February of each year, and revise the term of membership to expire upon the date of the first City Council meeting held in February each year unless reappointed by the City Council. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 9: The City Council hereby amends the GPUSC as set forth in Attachment "A," attached hereto and incorporated herein by this reference. Section 2: The City Council hereby repeals all previous resolutions related to the GPUSC that conflict with this resolution. Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. 4-12 Resolution No. 2025- 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 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 6: 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 14th day of January, 2025. Joe Stapleton Mayor I_ri111*36 Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY TTORNEY'S OFFICE -ff, ar n C. Harp City Attorney Attachment "A" - General Plan Update Steering Committee (GPUSC) 4-13 Attachment "A" General Plan Update Steering Committee (GPUSC) AUTHORIZATION: Established by Resolution No. 2022-2 adopted on January 25, 2022; amended by Resolution No. 2025- adopted on January 14, 2025. MEMBERSHIP: Three (3) members that meet the qualifications set forth below. Appointed annually by the Mayor and confirmed by the City Council at the first City Council meeting held in February of each year. TERM: GPUSC membership shall expire upon the date of the first City Council meeting held in February each year unless reappointed by the City Council. Members who are in good standing at the time their term has expired are eligible for reappointment and need not reapply. MEETINGS: GPUSC meetings shall be held as required by the business needs of the GPUSC in such locations, dates and times as allowed by the Ralph M. Brown Act. QUALIFICATIONS OF APPOINTED MEMBERS: Appointed GPUSC members shall be: A. A resident of the City of Newport Beach; B. A registered voter of the City of Newport Beach; and C. Not be a member of the Newport Beach City Council. SELECTION OF APPOINTED MEMBERS: Except as otherwise required by state law, the Mayor (or his/her designee) shall have the discretion to determine the process for selecting GPUSC members and shall not be required to form an "ad -hoc appointments committee" or comply with any other procedural or timing requirements set forth in Council Policy A-2. GPUSC members serve at the pleasure of the City Council 4-14 Attachment A PURPOSE & RESPONSIBILITIES: A. Ensure there is sufficient public outreach and stakeholder input regarding the update to the City of Newport Beach General Plan ("General Plan Update"); B. Provide guidance to City staff regarding the scope of work and preparation of a Request for Proposal for a General Plan Update consultant; C. Review responses to the Request for Proposal; D. Make a recommendation to the City Council regarding the selection of a consultant to assist with the General Plan Update; E. Provide oversight and direction to the General Plan Advisory Committee to ensure the overall General Plan Update process stays on task; and F. Make reports to the City Council, at least bi- monthly, regarding the progress of the General Plan Update. EXPIRATION: The GPUSC shall expire and sunset without further action by the City Council upon adoption of the General Plan Update or sooner if acted upon by the City Council. 4-15 Attachment "A" General Plan Update Steering Committee GPUSC AUTHORIZATION: Established by Resolution No. 2022-2 adopted on January 25, 20221a_mended by Resolution No. _2025- adopted on Januar4,025. MEMBERSHIP: Three (3) members that meet the qualifications set forth below. Appointed annually by the Mayor and confirmed by the City Council at the first City Council meeting held in February of each year. TERM: The term of the Com mot+emem GPUSC membership shall -be expire upon the date of the first City Council meeting held in February each year unless reappointed -by the City Council indefinite peRdiRg GounGll adOptiGR of the GeReral Plan Update. Members who are in good standing at the time their term has expired_ are eligible for reappointment and need not reapI . MEETINGS: GPUSC Mmeetings shall be held as required by the business needs of the GPUSCCommittee in such locations, dates and times as allowed by the Ralph M. Brown Act. QUALIFICATIONS OF APPOINTED MEMBERS: SELECTION OF APPOINTED Appointed Committee - GPUSC Mmembers shall be: A. A resident of the City of Newport Beach; B. A registered voter of the City of Newport Beach; and C. Not be a member of the Newport Beach City Council. 4-16 Attachment A MEMBERS: Except as otherwise required by state law, the Mayor (or his/her designee) shall have the discretion to determine the process for selecting GPUSCGemn4i1tee Mmembers and shall not be required to form an "ad - hoc appointments committee" or comply with any other procedural or timing requirements set forth in Council Policy A-2. GPUSC members serve at the,pieasure of the City Council PURPOSE& RESPONSIBILITIES: and A. Ensure there is sufficient public outreach stakeholder input regarding the update to the City of Newport Beach General Plan ("General Plan Update"); B. Provide guidance to City staff regarding the scope of work and preparation of a Request for Proposal for a General Plan Update consultant; C. Review responses to the Request for Proposal; D. Make a recommendation to the City Council regarding the selection of a consultant to assist with the General Plan Update; ■ ww ww � ■ . r . u •w � • . • low- FE. Provide oversight and direction to the General Plan Advisory Committee to ensure the 4-17 Attachment A overall General Plan Update process stays on task; and - GF. Make reports to the City Council, at least bi-monthly, regarding the progress of the General Plan Update. EXPIRATION: The Committee GPUSC shall expire and sunset without further action by the City Council upon adoption of the General Plan Update or sooner if acted upon by the City Council.