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Home My WebLink About05 - Creating an Ad Hoc Committee to Review the Municipal CodeQ SEW Pp�T CITY OF z NEWPORT BEACH c�<,FORN'P City Council Staff Report September 13, 2022 Agenda Item No. 5 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Tara Finnigan, Assistant City Manager - 949-644-3001, tinnigan@newportbeachca.gov PREPARED BY: Lorig Yaghsezian, Management Fellow, laghsezian@newportbeachca.gov PHONE: 949-644-3313 TITLE: Resolution No. 2022-58: Creating an Ad Hoc Committee to Review the Municipal Code ABSTRACT: At its July 26, 2022, meeting, the City Council voted unanimously, via a straw poll, for staff to return with an item for its consideration that would create an Ad Hoc Municipal and Policy Review Committee (Committee) as well as direct the Board of Library Trustees, City Arts Commission, Harbor Commission, Parks, Beaches, and Recreation Commission, and the Planning Commission to each form a committee to review and update the Newport Beach Municipal Code (NBMC) and Council Policies. 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; b) Adopt Resolution No. 2022-58, A Resolution of the City Council of the City of Newport Beach, California, Creating an Ad Hoc Committee to Review the Municipal Code and City Council Policies and Make Recommendations to the City Council Regarding Possible Modifications Thereto and the Advisability of Using Sunset Provision; and c) Direct the Board of Library Trustees, City Arts Commission, Harbor Commission, Parks, Beaches, and Recreation Commission, and the Planning Commission to each form an ad hoc committee for the purposes of reviewing the Municipal Code and City Council Policies within that particular body's expertise and submit back to City Council by June 30, 2023 recommendations concerning: (1) deleting or reducing language; and (2) the advisability of applying sunset provisions for new or existing Municipal Code provisions. 5-1 Resolution No. 2022-58: Creating an Ad Hoc Committee to Review the Municipal Code September 13, 2022 Page 2 DISCUSSION: At the request of Council Member Will O'Neill, at the July 26, 2022, City Council meeting, the Council considered placing a resolution on a future agenda that, if adopted, would create an ad hoc committee to review the Newport Beach Municipal Code and City Council policies. The Council voted unanimously, 7-0, in favor of staff bringing forward a resolution for its consideration. If Resolution 2022 -58 is adopted, the committee will consist of three Council members appointed by the Mayor and confirmed by the entire City Council. The purpose of the Committee will be to review the NBMC and Council Policies and submit its recommendations back to the City Council by June 30, 2023. The Board of Library Trustees, City Arts Commission, Harbor Commission, Parks, Beaches, and Recreation Commission, and the Planning Commission are also directed to each form a committee to similarly review the NBMC and City Council Policies within that body's expertise and submit back to City Council by June 30, 2023. All of the committees will make recommendations concerning: (1) deleting or reducing language, and (2) the advisability of applying sunset provisions for new and existing code provisions. Further, the Committee will expire on June 30, 2023, unless terminated sooner by the City Council. 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). ATTACHMENT: Attachment A — Resolution No. 2022-58 5-2 ATTACHMENT A RESOLUTION NO. 2022- 58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, CREATING AN AD HOC COMMITTEE TO REVIEW THE MUNICIPAL CODE AND CITY COUNCIL POLICIES AND MAKE RECOMMENDATIONS TO THE CITY COUNCIL REGARDING POSSIBLE MODIFICATIONS THERETO AND THE ADVISABILITY OF USING SUNSET PROVISIONS WHEREAS, Section 200 of the Charter of the City of Newport Beach ("Charter") vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges or procedures granted or prescribed by any law of the State of California; WHEREAS, pursuant to the authority vested by the Charter, the City Council has enacted ordinances with respect to municipal affairs which are set forth in the Newport Beach Municipal Code ("NBMC"); WHEREAS, pursuant to the authority vested in the City Council by the Charter, the City Council has adopted official polices to provide guidelines and procedures governing the conduct of City business in conformity with the Charter and NBMC ("Council Policies"); WHEREAS, the City Council recognizes the importance of periodically reviewing and updating the NBMC and Council Policies to ensure that the NBMC maintains relevancy, brevity, and coherency for the benefit of the people of Newport Beach; and WHEREAS, the City Council desires to create an Ad Hoc Committee for the purpose of reviewing the NBMC and Council Policies and submitting back to the City Council by June 30, 2023, recommendations concerning: (1) deleting or reducing language, and (2) the advisability of applying sunset provisions for new and existing code provisions. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: 5-3 Resolution No. 2022- Page 2 of 3 Section 1: The City Council hereby creates the Ad Hoc Municipal Code and Council Policy Review Committee ("Committee") consisting of three (3) Council members appointed by the Mayor and confirmed by the entire City Council. The sole purpose and responsibility of the Committee shall be to review the NBMC and Council Policies and submitting back to the City Council by June 30, 2023, recommendations concerning: (1) deleting or reducing language, and (2) the advisability of applying sunset provisions for new and existing code provisions. Section 2: The Committee shall be advisory and shall expire on June 30, 2023, unless terminated sooner by action of the City Council. Section 3: The Committee shall not be subject to the Brown Act, however, the recommendation of the Committee to the City Council shall be considered at a meeting of the entire City Council noticed in accordance with California Government Code Section 54950 of seq. 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. 5-4 Resolution No. 2022- Page 3 of 3 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 13th day of September, 2022. Kevin Muldoon Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE C. ff Aaron C. Harp City Attorney 5-5