HomeMy WebLinkAbout2022-58 - 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 ProvisionsRESOLUTION 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:
Resolution No. 2022-58
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 et 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.
Resolution No. 2022-58
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.
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ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron C. Harp
City Attorney
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. 2022-58 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 131h day of September, 2022; and the same was so passed and adopted by
the following vote, to wit:
AYES: Mayor Kevin Muldoon, Mayor Pro Tern Noah Blom, Council Member Brad Avery, Council
Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield,
Council Member Will O'Neill
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 141h day of September, 2022.
Leilani I. Brown
City Clerk
Newport Beach, California