HomeMy WebLinkAbout2023-36 - Waiving the Term Limits Established by Resolution Nos. 2012-115, 2021-11, and City Council Policy A-2, Boards, Commissions and CommitteesRESOLUTION NO. 2023-36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, WAIVING THE TERM
LIMITS ESTABLISHED BY RESOLUTION NOS. 2012-115,
2021-11, AND CITY COUNCIL POLICY A-2, BOARDS,
COMMISSIONS AND COMMITTEES
WHEREAS, pursuant to the 1978 Beacon Bay Bill, as amended, the City of
Newport Beach ("City") acts on behalf of the State of California as the trustee of tidelands
located within the City's limits, including Newport Harbor;
WHEREAS, the City has a long history of protecting the water quality of Newport
Harbor and the ocean through the work of the Water Quality/Coastal Tidelands
Committee ("Committee"), which was established by City Council Resolution No. 2012-
115, adopted on November 27, 2012;
WHEREAS, City Council Policy A-2, Boards, Commissions and Committees,
provides guidelines, rules, and regulations applicable to committees, including a limit on
the terms of service;
WHEREAS, on February 23, 2021, the City Council adopted Resolution No. 2021-
11, which staggered the service terms for the seven citizen members of the Committee,
and, due to an insufficient number of applicants to fill available seats, waived term limits
to allow the continued appointment of members who had reached their maximum term
limits; and
WHEREAS, due to an insufficient number of applicants to fill available seats, the
City Council desires to further waive the term limits of the citizen members who have
reached their maximum term limits to allow them to be considered for appointment.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council hereby waives the Committee term limits
established by Resolution Nos. 2012-115, 2021-11, and City Council Policy A-2, Boards,
Commissions and Committees, with respect to those persons who have reached their
maximum term limits as of June 30, 2023. This waiver is solely to allow persons who
would otherwise be precluded from serving an additional consecutive term to be eligible
for appointment and does not permit those persons to serve another consecutive term
thereafter.
Resolution No. 2023-36
Page 2 of 2
Section 2: The City Council hereby repeals all previous resolutions, or portions
thereof, related to the Committee to the extent they are in 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.
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 13th day of June, 2023.
ATTEST:
�-'s
Leilani I. Wown 0 0
City Clerk }
r
APPROVED AS TO FORM:
CITY TTORNEY'S OFF'CE
Aardn 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. 2023-36 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 131h day of June, 2023; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Noah Blom, Mayor Pro Tem Will O'Neill, Council Member Brad Avery, Council
Member Robyn Grant, Council Member Lauren Kleiman, Council Member Joe Stapleton,
Council Member Erik Weigand
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 141h day of June, 2023.
\yJ POST
c
Leilani I. Bro n
City Clerk
;.� Newport Beach, California
�P
CgClF��'�