HomeMy WebLinkAbout2021-11 - Waiving the Term Limits Established by Resolution No. 2012-115 and Amending teh Water Quality/Coastal Tidelands Committee Membership to Stagger the TermsRESOLUTION NO. 2021-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, WAIVING THE TERM
LIMITS ESTABLISHED BY RESOLUTION NO. 2012-115
AND AMENDING THE WATER QUALITY/COASTAL
TIDELANDS COMMITTEE MEMBERSHIP TO STAGGER
THE TERMS
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, six of the seven citizen members of the Committee are precluded from
serving a third consecutive term after their current terms expire on January 31, 2021, and
there are an insufficient number of applicants to fill the vacated seats; and
WHEREAS, the City desires to stagger the terms of the Committee's citizen
members in order to ensure continuity of service.
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 No. 2012-115, with respect to those persons applying to serve
for terms commencing February 1, 2021. This waiver is solely to allow the appointment
of persons who otherwise would be precluded from serving a third consecutive term and
does not permit those persons to serve another consecutive term thereafter.
Section 2: The City Council hereby establishes staggered service terms for the
seven citizen members of the Committee and amends Resolution No. 2012-115 by
replacing the existing Exhibit 1 with the amended version, which is attached hereto and
incorporated by reference.
Section 3: The City Council hereby repeals all previous resolutions, or portions
thereof, related to the Committee that are in conflict with this resolution.
Resolution No. 2021-11
Page 2 of 2
Section 4: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
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 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 7: 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 23rd day of February, 2021.
ATTEST:
�h- Leilani I. Brown
City Clerk
AP PR VED AS TO FORM:
CITY TTORNEY'S OFFI
Aaron C. Harp
City Attorney
Attachment: Exhibit 1 - Water Quality/Coastal Tidelands Committee Sheet
Exhibit 1
WATER QUALITY/COASTAL TIDELANDS COMMITTEE
AUTHORIZATION: Established by Resolution No. 2012-1.15 adopted on
November 27, 2012; amended by Resolution No. 2021-11,
adopted on February 23, 2021.
MEMBERSHIP: Seven members appointed by the City Council and two non-
voting council members appointed by the mayor, confirmed
by the City Council. The mayor will also appoint one of the
two non-voting council members for an annual term as Chair
of the committee.
TERM: Except as provided in Resolution 2021-11, the seven
members appointed by the City Council shall serve a four-
year term, with a limit of two consecutive terms. To stagger
the terms, for terms commencing February 1, 2021, three
members will be appointed to a two-year six-month term and
four members will be appointed to a four-year six-month term.
Council member appointees shall serve a one-year term.
Except for appointments commencing February 1, 2021,
appointments shall occur in January.
MEETINGS: Meetings shall occur at a regular time and place as called by
the Chair.
BROWN ACT: This committee shall be subject to the Ralph M. Brown Act, or
any successor regulation.
PURPOSE &
RESPONSIBILITIES: It shall be the duty of the Water Quality/Coastal Tidelands
Committee to:
A. Advise and make recommendations to the City Council
on policies, projects and programs that support and/or
strengthen existing regulations to protect water quality and
habitat in the bay and ocean;
B. Advise and make recommendations to the City Council
on policies, programs and projects that improve the water
quality and habitat of Newport Bay and the ocean;
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C. Advise the City Council on implementation of the
Tidelands Infrastructure Capital Plan in the following areas:
1. Sea level rise as it affects ocean beaches.
2. Ocean beach sand replenishment.
3. Other capital projects affecting the ocean
beaches and tidelands not covered by other
committees;
D. Advise and make recommendations to the City Council
on policies, programs and projects that educate the
watershed's population about the value of Newport Bay and
the ocean; and
E. Advise on any matter referred to the Water
Quality/Coastal Tidelands Committee by the City Council or
City Manager.
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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. 2021-11 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 23rd day of February, 2021; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Brad Avery, Council Member Noah Blom, Council Member Joy Brenner,
Council Member Diane Dixon, Council Member Duffy Duffield, Council Member Will
O'Neill
NAYS: None
ABSENT: Mayor Pro Tem Kevin Muldoon
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 241h day of February, 2021.
Leilani I. Brown
City Clerk
Newport Beach, California