HomeMy WebLinkAbout5d_Attachment 5 - Resolution No. 2020-93 with ExpirationRESOLUTION NO. 2020-93
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AMENDING THE
PURPOSE & RESPONSIBILITIES OF THE HOUSING
ELEMENT UPDATE ADVISORY COMMITTEE RELATED
TO THE CIRCULATION ELEMENT OF THE GENERAL
PLAN AND DELEGATING THOSE RESPONSIBILITIES
TO THE PLANNING COMMISSION
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 ("HEUAC"), to serve as a forum for public participation, to guide a focused
update of the Housing, Land Use and Circulation Elements of the City of Newport Beach
General Plan ("General Plan"), and to build upon the progress already established by the
General Plan Update Steering Committee;
WHEREAS, the HEUAC's purpose and responsibilities include ensuring sufficient
public outreach and stakeholder input regarding the update to the Housing, Land Use,
and Circulation Elements of the General Plan; reviewing responses to Requests for
Proposal and recommending to the City Council the selection of consultants to update
the Housing, Land Use, and Circulation Elements; guiding City staff and the consultant
through the public outreach process in updating the Housing, Land Use, and Circulation
Elements; and making other recommendations to the City Council regarding the update
of the General Plan, as necessary;
WHEREAS, the Committee has been meeting since July 2020 and received
regular updates from City staff regarding the City's Regional Housing Needs Assessment
RHNA") allocation from the Southern California Association of Governments ("SCAG")
of 4,834 new units for the Sixth Cycle Housing Element covering the period October 2021
through October 2029 ("Sixth Cycle Housing Element");
WHEREAS, several changes in State Housing Law have made it more challenging
to find appropriate sites to meet the City's RHNA allocation for the Sixth Cycle Housing
Element;
WHEREAS, revising the Purpose and Responsibilities to allow the HEUAC to
focus on the Housing and Land Use Elements of the General Plan is appropriate given
the October 2021 deadline to adopt the Sixth Cycle Housing Element;
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Resolution No. 2020-93
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WHEREAS, the City's Planning Commission routinely reviews development
projects, which often involve a consideration of traffic and circulation matters, including
traffic studies pursuant to Chapter 15.40 (Traffic Phasing Ordinance) of the Newport
Beach Municipal Code; and
WHEREAS, Section 707 of the Charter of the City of Newport Beach vests the
power to make recommendations to the City Council on the adoption, amendment or
repeal of a General Plan, or any part thereof, for the physical development of the City with
the Planning Commission.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council hereby amends the Description of the Housing
Element Update Advisory Committee, attached hereto and incorporated by reference as
Attachment 1, to remove proposed revisions to the Circulation Element of the General
Plan from the Purpose and Responsibility of the HEUAC and hereby delegates those
duties to the Planning Commission.
Section 2: The City Council hereby repeals Resolution No. 2020-21.
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.
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Resolution No. 2020-93
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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 October, 2020.
ATTEST:
Leilani I. [Trown
City Clerk 1
Will O'Neill
Mayor
1-1FoR_!/'
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
01-0 l _ k ewl '
Aaron`C. Harp
City Attorney
Attachment 1: Description of the Housing Element Update Advisory Committee
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ATTACHMENT 1
Housing Element Update Advisory Committee
AUTHORIZATION: Established by Resolution No. 2020-6 adopted on January 14,
2020, amended by Resolution No. 2020-21 on February 25,
2020 and Resolution No. 2020-_ on October 13, 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. One (1) member 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 individuals
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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
financing unique housing projects other than affordable
and/or senior housing projects;
G. One (1) member with a legal background; 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.
PAI
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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
and Land Use 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, 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, 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, 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.
History
Adopted January 14, 2020 - Resolution No. 2020-6
Amended February 25, 2020 - Resolution No. 2020-21
Amended October 13, 2020 - Resolution No. 2020-93
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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. 2020-93, was duly introduced before and adopted by the City Council of said City at a regular
meeting of said Council held on the 13th day of October, 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 14th day of October, 2020.
ialV c
Leilani I. Brown
City Clerk
Newport Beach, California
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