HomeMy WebLinkAbout2020-21 - Amending the Membership of the Housing Element Update Advisory CommitteeRESOLUTION NO. 2020-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AMENDING THE
MEMBERSHIP OF THE HOUSING ELEMENT UPDATE
ADVISORY COMMITTEE
WHEREAS, on January 14, 2020, the City Council of the City of Newport Beach
("City") adopted Resolution No. 2020-6 creating the Housing Element Update Advisory
Committee ("Committee"), to serve as a forum for public participation, to guide a focused
update of the Housing, Land Use and Circulation Elements of the General Plan, and to
build upon the progress already established by the General Plan Update Steering
Committee;
WHEREAS, Resolution No. 2020-6 provides that the Committee is to be
comprised of a Chair, Vice Chair, and residents of the community with specific expertise,
to be appointed by the Mayor and confirmed by the City Council;
WHEREAS, pursuant to Resolution No. 2020-6, the City Clerk prepared and
posted a Notice of Opportunity to be Appointed to the Committee on Wednesday, January
15, 2020, in the City Clerk's Office, at the Central Library, on the bulletin board in the City
Council Chambers, and on the City's webpage, and also had the Notice published in the
Daily Pilot on Saturday, January 18, 2020;
WHEREAS, as provided in the Notice, applications were accepted until Saturday,
January 25, 2020;
WHEREAS, Mayor Will O'Neill appointed himself, Mayor Pro Tem Brad Avery and
Council Member Joy Brenner to the ad-hoc Appointments Committee to screen and
conduct interviews of the people who submitted a timely application for appointment to
the Committee;
WHEREAS, the application and interview process revealed that the City would be
better served if the membership of the Committee was modified to include an additional
person with land use and planning knowledge and a person with general experience in
the community, instead of a person with a legal background and knowledge and
experience in transportation analysis and/or circulation planning, because other members
to be appointed to the Committee have this experience and/or relevant information can
be obtained through the use of consultants; and
WHEREAS, the City Council desires to amend the membership of the Committee
to ensure the City has the best mix of members to fulfill the purpose and responsibilities
of the Committee based on the background and experience of those people who applied
to be appointed to the Committee.
Resolution No. 2020-21
Page 2 of 3
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council hereby amends the membership of the Housing
Element Update Advisory Committee ("Committee") as described in Attachment 1, which
is attached hereto and incorporated herein by this reference.
Section 2: The City Council hereby repeals all prior resolutions, or parts thereof,
related to the Committee that conflict with 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 recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
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 and the formation of a committee is not a project.
Resolution No. 2020-21
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 the resolution.
ADOPTED this 25th day of February, 2020.
ATTEST:
0 t, WM Wd" WE m Mi, 4, r j M.
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
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Aaron C. Harp
City Attorney
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Will O'Neill
Mayor
Attachment 1: Description of the Housing Element Update Advisory Committee
ATTACHMENT 1
Housing Element Update Advisory Committee
AUTHORIZATION: Established by Resolution No. 2020-6 adopted on January 14,
2020. Membership composition changed by Resolution No.
2020-21 adopted on February 25, 2020.
MEMBERSHIP: Ten (10) total. The Mayor, or a City Council Member
designated by the Mayor, shall be an ex officio member
without the right to vote. Nine (9) residents of the City of
Newport Beach ("City") appointed by the Mayor and
confirmed by the City Council.
MEMBERSHIP
TERM: The person elected as Mayor, or the City Council Member
designated by the Mayor, shall be a member of the Housing
Element Update Advisory 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 meet the following
qualifications:
A. One (1) member with experience in the development
of affordable housing and/or senior housing;
B. One (1) member with knowledge and experience in the
application of the California Environmental Quality
Act and other related environmental laws;
C. Two (2) members with architectural and/or land use
and planning knowledge and experience;
D. One (1) member with knowledge and experience in
stakeholder outreach for the purpose of engaging
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individuals and/ or organizations within the City in
the Housing Element Update process;
E. One (1) member with knowledge and experience in
real estate financing;
F. One (1) member with knowledge and experience with
residential development;
G. One (1) member with general knowledge and
experience in the community; and
H. One (1) chairperson highly experienced in leading
public meetings.
The Committee Chairperson and a Vice Chairperson shall be
appointed by the Mayor.
SELECTION
OF APPOINTED
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.
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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.
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.
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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
Housing, Land Use, and Circulation Elements of the
City of Newport Beach General Plan and any other
Elements deemed necessary;
B. Review responses to the Request for Proposal for
services to update the Housing, Land Use, Circulation,
and other Elements deemed necessary;
C. Make a recommendation to the City Council regarding
the selection of consultants to assist in the update of the
Housing, Land Use, Circulation, and other Elements
deemed necessary;
D. Provide guidance to City staff and the consultant
through the outreach process;
E. Provide guidance to City staff, and the consultant, on
goals and policies related to the update of the Housing,
Land Use, Circulation Elements, and any other
Elements deemed necessary by the Committee or City
Council; 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 and submittal of a certifiable Housing
Element to the California Department of Housing and
Community Development.
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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. 2020-21, was duly introduced before and adopted by the City Council of said City at a regular
meeting of said Council held on the 251h day of February, 2020; and the same was so passed and
adopted by the following vote, to wit:
AYES: Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner, Council
Member Diane Dixon, Council Member Duffy Duffield, Council Member Jeff Herdman,
Council Member Kevin Muldoon
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 261h day of February, 2020.
c
Leilani I. Brown
City Clerk
Newport Beach, California
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