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z NEWPORT BEACH
c�<,FORN'P City Council Staff Report
January 25, 2022
Agenda Item No. 9
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Community Development Director - 949-644-3232,
sjurjis@newportbeachca.gov
PREPARED BY: Benjamin M. Zdeba, AICP, Senior Planner - 949-644-3253,
bzdeba@newportbeachca.gov
TITLE: Resolution No. 2022-2: Creating the General Plan Update Steering
Committee (PA2017-141)
ABSTRACT:
For the City Council's consideration is the adoption of a resolution to create the General
Plan Update Steering Committee (Steering Committee). With the 6t" Cycle Housing
Element update nearing its anticipated adoption, the City of Newport Beach (City) will
restart the comprehensive General Plan update. The Steering Committee will help to
shape the scope and oversee the future policy advisory committee while making periodic
reports to the City Council.
RECOMMENDATION:
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;
and
b) Adopt Resolution No. 2022-2, A Resolution of the City Council of the City of Newport
Beach, California, Creating the General Plan Update Steering Committee (PA2017-
141).
DISCUSSION:
The last comprehensive update to the City of Newport Beach General Plan (General Plan)
was in 2006. Since this update, there have been changes in state planning law and
possible shifts in the desires of the community.
On January 22, 2019, the City Council adopted Resolution No. 2019-7 to initiate the
comprehensive review and update of the General Plan. However, given the challenges
and deadline placed on the 6t" Cycle Housing Element (Housing Element), the City
Council redirected resources to focus on revisions to the Housing Element. The Housing
Element update is nearing completion and other revisions to the General Plan are
necessary to implement the Housing Element.
9-1
Resolution No. 2022-2: Creating the General Plan Update Steering Committee
January 25, 2022
Page 2
On September 28, 2021, immediate past Mayor Brad Avery formed the General Plan
Update Ad Hoc Committee (Ad Hoc Committee) comprised of himself, Council Member
Joy Brenner, and Council Member Will O'Neill. The Ad Hoc Committee met twice in
November 2021. Consistent with its purpose and responsibilities, the Ad Hoc Committee
identified that a small, three-member, General Plan Update Steering Committee should
be formed to assist staff with coordinating the comprehensive updates to the General
Plan.
The Steering Committee will be purposed with the following:
A. Ensuring there is sufficient public outreach and stakeholder input regarding the
update to the General Plan;
B. Providing guidance to City staff regarding the scope of work and preparation of a
request for proposal (RFP) for a General Plan update consultant;
C. Reviewing responses to the RFP;
D. Making a recommendation to the City Council regarding the selection of a
consultant;
E. Providing recommendations to the City Council on the formation and membership
of a subsequent policy advisory committee that will help guide policy changes with
the General Plan update;
F. Providing oversight and direction to the policy advisory committee to ensure the
overall General Plan update process stays on task; and
G. Making periodic reports to the City Council regarding progress of the General Plan
update.
The Steering Committee will lead the overall General Plan update effort and will make
recommendations to the City Council on forming the policy advisory committee. The
Steering Committee will provide oversight of the larger policy committee and provide
periodic reports to the City Council.
The formation and make-up of the policy advisory committee will be based on the
recommendations by the Steering Committee. However, it is envisioned to have 20 to 30
members of the community who will be responsible for recommending changes to specific
General Plan policies and goals. The policy advisory committee will report to and seek
direction from the Steering Committee. The relationship of both committees and the City
Council is depicted in Attachment B to this staff report. Community participation will be
invited and encouraged throughout the update effort, as both committees will hold publicly
noticed and open meetings in accordance with the Ralph M. Brown Act.
Based on the attached resolution, the Mayor shall have sole discretion to determine the
process of selecting members for the Steering Committee. If the Mayor decides for
residents to apply for the opportunity to serve on the Steering Committee, then the City
Clerk will publish an advertisement for residents to submit applications for City Council
consideration.
9-2
Resolution No. 2022-2: Creating the General Plan Update Steering Committee
January 25, 2022
Page 3
The application window typically runs for two weeks. It is anticipated that the City Council
may vote on the appointment of Steering Committee members in February 2022.
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. 2022-2
Attachment B — General Plan Update Committees
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Attachment A
Resolution No. 2022-2
RESOLUTION NO. 2022-2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, CREATING THE
GENERAL PLAN UPDATE STEERING COMMITTEE
(PA2017-141)
WHEREAS, on January 22, 2019, the City Council adopted Resolution No. 2019-
7, establishing the General Plan Update Steering Committee (subsequently amended
pursuant to Resolution No. 2019-20) to assist the City in reviewing and updating the City
of Newport Beach General Plan ("General Plan");
WHEREAS, on January 14, 2020, the ad hoc committee was dissolved and the
Housing Element Update Advisory Committee ("HEUAC") was established pursuant to
Resolution No. 2020-6 to assist the City in updating its 6th Cycle Housing Element
covering the period 2021-2029;
WHEREAS, the last comprehensive update to the City of Newport Beach's
General Plan ("General Plan") occurred in 2006;
WHEREAS, the General Plan is an important document that provides a framework
for the City's future development and requires comprehensive updates from time -to -time
to ensure the General Plan matches the desires of the community and complies with State
mandates;
WHEREAS, since the last comprehensive update to the General Plan, there have
been changes in state planning law which affect the General Plan;
WHEREAS, moreover, in order to implement the 6th Cycle Housing Element,
revisions to other elements of the General Plan are necessary;
WHEREAS, the City Council values and respects the opinions, knowledge, and
experiences of its residents, and desires residents to play an important role in the General
Plan update process; and
WHEREAS, the City Council desires to reestablish the General Plan Update
Steering Committee ("Steering Committee") to assist the City in reviewing and updating
the General Plan.
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Resolution No. 2022-2
Page 2 of 3
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby create the Steering Committee. The
Steering Committee shall be an ad hoc committee, with the number of members, term,
qualification of appointees, selection process, responsibilities and other related rules set
forth in Attachment 'A" which is incorporated herein by reference.
Section 2: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of 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 City Council finds the adoption of this resolution to create the
Steering Committee 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.
Resolution No. 2022-2
Page 3 of 3
Section 5: 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 January, 2022.
Kevin Muldoon
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron C. Harp
City Attorney
Attachment A: Description of the General Plan Update Steering Committee
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Attachment "A"
General Plan Update Steering Committee
AUTHORIZATION: Established by Resolution No. 2022-2 adopted on January 25,
2022.
MEMBERSHIP: Three (3) members that meet the qualifications set forth
below and confirmed by the City Council.
TERM: The term of the Committee Members shall be indefinite
pending City Council adoption of the General Plan Update.
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 be;
A. One (1) resident of the City of Newport Beach;
B. One (1) registered voter of the City of Newport Beach;
and
C. One (1) Mayoral appointment.
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 Committee 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.
.;
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 a recommendation to the City Council on
the formation and membership of a subsequent
General Plan Update Advisory Committee ("
Advisory Committee") that will help guide policy
changes with the General Plan Update;
F. Provide oversight and direction to the Advisory
Committee to ensure the overall General Plan Update
process stays on task; and
G. Make periodic reports to the City Council regarding
the progress of the General Plan Update.
EXPIRATION: The Committee 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.
ON
Attachment B
General Plan Update Committees
9-10
General Plan Update Committees
AM AM AM AM AM AM AM
Community 0 = e Community
Participation � , Participation
Steering Committee
Policy Advisory Committee
9-11