Q �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
August 22, 2023
Agenda Item No. 21
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Leilani I. Brown, City Clerk - 949-644-3005,
([email protected]
PREPARED BY: Eric Bryan, Deputy City Clerk, [email protected] PHONE: 949-644-3006
TITLE: Resolution No. 2023-51: Amending the General Plan Advisory Committee Attendance Rules and Confirmation of Appointment to the General Plan Advisory Committee
ABSTRACT:
For the City Council's consideration is the adoption of a resolution to amend the Rules of Procedures for the General Plan Advisory Committee (GPAC) to include an attendance procedure. Due to the responsibility of reviewing and helping to guide the comprehensive Newport Beach General Plan Update in a timely manner, regular attendance is important.
There is also one vacancy on the GPAC. As directed by Resolution No. 2022-59, the General Plan Update Steering Committee (GPUSC) reviewed applications for appointment to fill the vacancy on GPAC and recommends the appointment of an applicant to fill the vacant seat.
RECOMMENDATIONS:
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. 2023-51, A Resolution of the City Council of the City of Newport Beach, California, Amending the Rules Established by Resolution No. 2022-59 Related to the General Plan Advisory Committee to Include Meeting Attendance Requirements; and
c) Confirm the General Plan Update Steering Committee's recommended appointment of Nicholas Acevedo to fill the vacancy on the General Plan Advisory Committee.
DISCUSSION:
At its June 26, 2023 meeting, the GPUSC voted to recommend that City Council establish a GPAC attendance procedure whereby a member is automatically removed after three consecutive unexcused absences. Council Policy A-2 authorizes removal of a member by the City Council when a Board, Commission or Committee member has consecutive unexcused absences. This removal process is time consuming and interrupts GPAC's process.
21-1
Resolution No. 2023-51: Amending the General Plan Advisory Committee Attendance Rules and Confirmation of Appointment to the General Plan Advisory Committee August 22, 2023
The GPAC is a large group, consisting of 30 members, with the important responsibility of reviewing and helping to guide the comprehensive Newport Beach General Plan Update as required by state law. To help ensure this is done in a timely manner, an amendment to GPAC's attendance rules is proposed for the automatic removal of a GPAC committee member after three consecutive, unexcused absences to ensure steady membership with limited interruption to GPAC's decision -making process.
Also, at the June 26, 2023 meeting, the GPUSC recommended appointment of Ritch LeGrand with Nicholas Acevedo as an alternate appointee. On July 11, 2023, the City Council confirmed GPUSC's recommended appointment of Ritch LeGrand to fill the unscheduled vacancy. Mr. LeGrand was unable to accept the appointment, so GPUSC would like to recommend that Nicholas Acevedo fill the vacant seat. The term of the appointment is indefinite, pending the City Council's adoption of the General Plan Update.
Pursuant to City Council Policy A-2, Boards, Commissions and Committees, the City Council's new appointee to GPAC will serve the balance of the unexpired term.
The City Clerk prepared and posted a Notice of Vacancy on Wednesday, May 3, 2023, in the City Clerk's Office, on the bulletin board in the City Council Chambers, on the City's website, and published it in the Daily Pilot on Saturday, May 6, 2023. As provided in the notice, applications were accepted by the City Clerk's Office until noon on Wednesday, May 10, 2023. At the conclusion of the application period, the applications were forwarded to the GPUSC for review.
Appointment Process
As authorized by Resolution No. 2022-59, GPUSC is assigned to review the applications.
GPUSC held a duly noticed public meeting on Monday, June 26, 2023, and reviewed the applications. GPUSC was not required to comply with procedural or timing requirements set forth in City Council Policy A-2. After consideration of the applications and deliberation at the meeting, GPUSC recommended that Nicholas Acevedo be appointed to GPAC since Ritch LeGrand was unable to accept the appointment. Copies of the application are attached hereto as Attachment B.
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, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 21-2
Resolution No. 2023-51: Amending the General Plan Advisory Committee Attendance Rules and Confirmation of Appointment to the General Plan Advisory Committee August 22, 2023
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. 2023-51
Attachment B — Application
21-3
ATTACHMENT A
RESOLUTION NO. 2023-51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AMENDING THE
RULES ESTABLISHED BY RESOLUTION NO. 2022-59
RELATED TO THE GENERAL PLAN ADVISORY
COMMITTEE TO INCLUDE MEETING ATTENDANCE
REQUIREMENTS
WHEREAS, on September 13, 2022, the City Council reviewed the recommendations of the General Plan Update Steering Committee ("Steering Committee") and adopted Resolution No. 2022-59 establishing the General Plan Advisory Committee ("GPAC") to review and help guide the comprehensive Newport Beach General Plan Update ("General Plan Update");
WHEREAS, Resolution No. 2022-59 included rules associated with GPAC members terms, composition, selection process, and purpose and responsibilities; WHEREAS, the GPAC is a large group consisting of up to thirty members and consistent member attendance is imperative to ensure continuity in the decision -making process regarding the General Plan Update;
WHEREAS, one of the responsibilities of the Steering Committee is to make recommendations to the City Council on the membership of GPAC; and WHEREAS, at a duly noticed public meeting on June 26, 2023, the Steering Committee unanimously voted (3 ayes — 0 noes) to recommend that City Council establish an attendance policy for the GPAC members whereby a member is automatically removed after three consecutive unexcused absences.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows:
Section 1: The City Council does hereby establish rules related to meeting attendance for the GPAC committee members and amends Resolution No. 2022-59 by replacing the existing Attachment "A" with the amended version, which is attached hereto and incorporated herein by reference.
Section 2: The City Council hereby repeals all previous resolutions, or portions thereof, related to the GPAC that are in conflict with this resolution.
Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. 21-4
Resolution No. 2023-
Section 4: 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 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.
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 22nd day of August, 2023.
Noah Blom
Mayor
►_riiIII =*"
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron. Harp
City At orney
Attachment A: General Plan Advisory Committee
21-5
Attachment "A"
General Plan Advisory Committee (GPAC)
AUTHORIZATION: Established by Resolution No. 2022-59 adopted on September 13, 2022; amended by Resolution
No. 2023-_adopted on August 22, 2023.
MEMBERSHIP: Up to thirty (30) members consistent with the composition set forth below. Members will be
recommended by the General Plan Update
Steering Committee ("Steering Committee") and
confirmed by the City Council.
TERM: GPAC membership shall be for the duration of the
General Plan Update process concluding with the
City Council adoption of the comprehensive
update of the General Plan or dissolution of the
GPAC by City Council action.
MEETINGS: GPAC meetings will be held as necessary. All
meetings shall be held in such locations and at
such dates and times consistent with the Ralph
M. Brown Act.
COMPOSITION OF APPOINTED All members shall be Newport Beach residents MEMBERS: and shall not be members of the City Council. The Steering Committee and City Council seek
membership representing a diversity of
geographic areas, age groups, business
interests, or other interests. The appointments
shall follow the guidelines below:
21-6
Non -City
Not more than one (1)
Including, but not limited to Friends of
Boards,
member from each
OASIS, Newport Mesa Unified School
Commissions, or
sample for a maximum
District, Newport Beach historical
Committees
of four (4) members
society, Newport Beach Fire Safe
Council, etc.
Environmental
Not more than one (1)
Including, but not limited to Still
interest groups
member from each
Protecting Our Newport (SPON),
sample for a maximum
Surfrider, Newport Banning Ranch
of three (3) members
Conservancy, Sierra Club,
Coastkeeper, etc.
Business
Not more than one (1)
Including, but not limited to Newport
interest groups
member from each
Beach Chamber of Commerce. CDM
sample for maximum of
Chamber of Commerce, the Balboa
three (3) members
Chamber, Visit Newport Beach,
Building Industry Association of
Southern California (BIA), merchants
associations, etc.
At -large
Up to fourteen (14)
Including, but not limited to interested
members with a
members
residents or property owners (at least
diversity of
one from each Council District),
representation
community association
representatives, private school
operators, faith -based organizations,
community service providers, major
employers, large landowners, etc.
Maximum of thirty (30)
members
SELECTION OF APPOINTED The Steering Committee will review all MEMBERS: applications to serve on the GPAC and will
finalize appointment recommendations at a duly
noticed public meeting. The Steering Committee
shall not be required to comply with the
procedural or timing requirements set forth in
Council Policy A-2, The Steering Committee
membership recommendations will include a
separate recommendation for Chair and Vice
Chair and will be provided to the City Council for
consideration and confirmation. GPAC Members
serve at the pleasure of the City Council.
21-7
MEMBER ATTENDANCE: Any one member who has three (3) consecutive unexcused absences from a regular GPAC
meeting shall be deemed automatically removed
from the GPAC.
PURPOSE & A. Ensure there is sufficient stakeholder input RESPONSIBILITIES: regarding the update to the City of Newport Beach General Plan ("General Plan Update");
B. Review and provide guidance to City staff and
its consultant(s) on changes to General Plan
goals and/or policies as part of the update
process that are deemed necessary or
advisable to reflect the community's vision for
the City; and
C. Make recommendations to the Steering
Committee regarding changes to General
Plan goals and/or policies.
EXPIRATION: The GPAC shall expire and sunset without further action by the City Council upon adoption of the
General Plan Update or sooner if dissolved by the
City Council.
21-8
ATTACHMENT B
APPLICATION FORAPPOINTIVE POSITION
tin
FOR OFFICE USE ONLY t^ CITY OF NEWPORT BEACH
E � _� PP9 � 100 Civic Center Drive
Residence District No. + ` Newport Beath, CA 92550
-42
Verifiedby !;:I City Clerk (949) E44-3005
CI 1 Y i;_,w.E_Rii 'G 0 F f 1[�';j:1: ] Fax (949) 644-3039 �I I l 3 i� i14,U{i L7Ci'Crl
DIRECTIONS: One application can be used for all the appointive positions you are applying for. Applications should be filled out completely so that the City Council may fully evaluate your qualifications. It is the responsibility of the applicant to familiarize themselves with the duties and responsibilities of the position(s) applied for. Detailed information outlining the responsibilities of the positions can be obtained from the City Clerk's Office oron the City's website: www.newportbeachca.gov (City Government/Boards, Commissions and Committees). Appl[cations wiIIbekeptonfilefortwo yea rsfor the position(s)appliedfor. I f you are not sel ected f o r a p poi ntment d u ri ng that period of time, it will be necessary for you to re -submit an application 1f you are still interested in being considered.
NOTICE: Section 702 of the City Charter requires that members of Boards or Commissions appointed by the City Council shall be from the qualified electors of the City. This document is a public record and maybe posted on the internet.
NAME OF BOARD, COMMISSION OR COMMITTEE: General Plan Advisory Committee Name: Acevedo Nicholas James
(Last) (First) (Middle)
Residence Addressirequired): Zip Code: N
How long have you lived in Newport Beach? 4 years
Business Address:
Home/Cell4:
■
Business Phone:
Email Address:
Have you ever been convicted of any crime or violation of any law or statute other than minor traffic violations? Q■ NO 71 YES Ilf yes, attach separate sheet with explanation) 7 NOTICE: Pursuant to Section 702 of the City Charter, no members of boards or commissions shall hold any paid office or employment in the City government.
❑oyou currently hold anypaid office ❑remployment with the Cityof Newport Beach, including but not limited to contracted services? ❑■ NO ❑ YES (If yes, attach separate sheet with explanation) If applying for a position on the Finance Committee, have you declared bankruptcy in the last 10 years? 0 N❑ ❑ YES Please state any past, current or foreseeable future financial interests of any kind that may conflict with the Board, Commission or Committee you are applying for_
No past, current or foreseeable financial interests of any kin in conflict with committee [ am applying for.
CONTINUE TO PAGE TWO 21-9
Name and Location of Colleges/
Universities Attended
Major
Degree
Last Year
Attended
California Polytechnic state University, San Luis Obispo Architecture
Bachelor of Architecture
2006
Prior or Current Civic Experience (include membership in professional, charity or community organization)
Office Held
(if any)
Dates of
Membership
AlA Orange County
Project Delivery Committee Leader
2021
ACE Mentorship LA 1 OC
Costa Mesa HS Team Leader
2017
Occupational History. Begin with your present or most recent position. List all positions separately held for the last five years.
Firm or organization
Type of Business
Title
hates of Employment
Gensler
Architecture
Studio director
July 2006 to present
References. Include names of at least two residents of Newport Beach who are not officially connected with the City.
1. Name Ed Slater Address Phone No.
2. Name Ashley Brewer Address I �r phone No. I
Summarize why you wish to serve the City of Newport Beach on aboard, commission or committee. Include any special qualifications you have which are particularly appropriate to the position for which you are applying. nny entire professional career I have worked in the city of Newport Beach and during that time I have had the opportunity to collaborate with the city through the development of multiple projects in the community. I am interested in taking a more informative role with City of Newport Beach to assist more directly in my local community. 1 am looking to invest further in the community I am raising my two children and understand how I can assist in creating a framework for continued growth of our community. As a licensed architect in both California and Utah, a certified document technologist, a LEER AP, an AIA Committee Leader on Practice Delivery, I bring varied experience including; knowledge of multiple jurisdictions and surrounding developments in Orange County, a background of Master Planning in Los Angeles and Orange County on multiple projects, and a professional knowledge of sustainable approaches to bring into all sizes of projects.
I certify that all statements made on this application are true and correct to the best of my knowledge. I have read and understand the duties and responsibilities of the particular position(s) that I am applying for and authorize the release of this information on the internet. [BOX MUST BE CHECKED IF SUBMITTING ELECTRONICALLY]
FV Signature Nicholas Acevedo Date 2.8.2023
21-10