HomeMy WebLinkAbout03 - Harbor Commission Purpose & ResponsibilitiesSEW Pp�r
CITY OF
°� NEWPORT BEACH
09�`�oP City Council Staff Report Agenda Item No. 3
August 13, 2013
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
David A. Webb, Public Works Director
949 - 644 -3311, dawebb @newportbeachca.gov
PREPARED BY: Chris Miller, Harbor Resources Manager
9499- 644 -3043, cmiller @newportbeachca.gov
APPROVED:
TITLE: Consideration of Ordinance No. 2013 -14 Amending the Harbor
Commission's Purpose and Responsibilities
ABSTRACT:
This agenda item asks the City Council to update the Harbor Commission's Purpose
and Responsibilities to reflect the added component of the Harbor Area Management
Plan and the Tidelands Capital Plan which was recently approved by the City Council.
RECOMMENDATION:
Conduct first reading of Ordinance No. 2013- 14 amending the Harbor Commission's
Purpose and Responsibilities, and pass to a second reading on September 10, 2013.
FUNDING REQUIREMENTS:
There is no funding requirement associated with this agenda item.
DISCUSSION:
In November 2012, the City Council approved the Tidelands Capital Plan as
recommended by the Ad Hoc City Council Committee on Tidelands Management. This
is a five year, rolling plan which addresses major capital needs for Newport Harbor.
The Ad Hoc City Council Committee on Tidelands Management also recommended that
the Harbor Commission's Purpose and Responsibilities be updated to reflect the
Tidelands Capital Plan including the specific items in that Plan which the Harbor
Commission may review and offer advice to the City Council. In addition, the
Commission's updated Purpose and Responsibilities should also reference the Council
approved Harbor Area Management Plan which is a document that provides a roadmap
for harbor management, and includes components such as dredging, eelgrass, beach
replenishment, water quality, sediment control, etc.
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Consideration of Ordinance No. 2013 -14 Amending the Harbor Commission's Purpose
and Responsibilities
August 13, 2013
Page 2
In March 2013, the Harbor Commission reviewed and conceptually approved the
proposed Purpose and Responsibilities, and recommended that staff seek City Council
approval to amend Ordinance No. 2001 -25 to include the review of the Harbor Area
Management Plan and the Tidelands Capital Plan.
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:
This agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers this item).
Submitted by:
fir- = �z ,/
Dav 11 ebb
Public Works Director
Attachments: A. Ordinance No. 2013- 14 Amending the Harbor Commission's
Purpose and Responsibilities
B. Redline Version of Amended Purpose and Responsibilities
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Attachment A
ORDINANCE NO. 2013 -14
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH,
CALIFORNIA REPEALING ORDINANCE NO.
2001 -25 AND AMENDING THE HARBOR
COMMISSION'S PURPOSE AND
RESPONSIBILITIES
WHEREAS, Section 700 of the Charter of the City of Newport Beach authorizes
the City Council to create by ordinance or resolution such advisory boards or
commissions as in its judgment are required, and may grant to them such powers and
duties as are consistent with the provisions of the Charter of the City of Newport Beach;
WHEREAS, Newport Harbor is one of the largest yacht harbors in the United
States;
WHEREAS, the waters and shoreline of Newport Harbor support a wide variety
of commercial, recreational and residential uses, and scenic and biological resources;
WHEREAS, the Harbor Commission was created by the City Council in January
2002 through Ordinance No. 2001 -25 to provide the City of Newport Beach with an
advisory body representing these diverse uses of Newport Harbor and its waterfront;
WHEREAS, the City Council originally created the Ad Hoc City Council
Committee on Tidelands Management through Resolution No. 2011 -26 then later
created the standing City Council committee referred to as the Tidelands Management
Committee through Resolution No. 2013 -35;
WHEREAS, the City Council approved the Tidelands Capital Plan on November
27, 2012 as recommended by the Ad Hoc City Council Committee on Tidelands
Management;
WHEREAS, the City desires to amend the Harbor Commission's Purpose and
Responsibilities to include references to the Tidelands Capital Plan, including the
specific items in that plan which the Harbor Commission may review and offer advice to
the City Council.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
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Section 1: The Harbor Commission's Purpose and Responsibilities are
amended as described in Attachment "A ", which is attached hereto and incorporated by
reference.
Section 2: Ordinance No. 2001 -25 is hereby repealed and of no further effect.
Section 3: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 4: If any section, subsection, sentence, clause or phrase of this
ordinance 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 ordinance. The
City Council hereby declares that it would have passed this ordinance, and each
section, subsection, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses and phrases be declared
unconstitutional.
Section 5: The City Council finds the approval of this ordinance 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. Alternatively, the City Council finds the approval of this ordinance is not a
project under CEQA Regulation Section 15061(b)(3) because it has no potential for
causing a significant effect on the environment.
Section 6: The Mayor shall sign and the City Clerk shall attest to the passage of
this ordinance. The City Clerk shall cause this ordinance, or a summary thereof, to be
published pursuant to Charter Section 414.
E
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This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach, held on the 13 day of August, 2013, and adopted on the 10 day of
September, 2013, by the following vote, to wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
KEITH D. CURRY, MAYOR
APPROVED AS TO FORM:
THE CITY - ATTORNEY'S OFFICE
W 44')
AARON C. HARP, CITY ATTORNEY
ATTEST:
LEILANI I. BROWN, CITY CLERK
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HARBOR COMMISSION
RIII: Is] VIrfi1I[S] I
Attachment "A"
Established by Ordinance No. 2001 -25, adopted on January 8, 2002. Amended by
Ordinance No. 2013 - adopted on September 10, 2013.
OFFICIAL TITLE:
Harbor Commission of the City of Newport Beach, California.
MEMBERSHIP:
Seven (7) members appointed by the City Council pursuant to Section 702 of the City
Charter. In no event will individual appointments to the Harbor Commission exceed two
(2) consecutive full terms, exclusive of appointments to fill unexpired terms.
TERM:
Each member shall serve a term of four (4) years and such terms shall be on a
staggered basis, pursuant to Section 702 of the City Charter.
PURPOSE & RESPONSIBILITIES:
Newport Harbor supports numerous, recreational and commercial activities, waterfront
residential communities and scenic and biological resources. The purpose of the
Harbor Commission is to provide the City of Newport Beach with an advisory body
representing these diverse uses of Newport Harbor and its waterfront.
1. Advise the City Council in all matters pertaining to the use, control, operation,
promotion and regulation of all vessels and watercraft within Newport Harbor.
2. Approve, conditionally approve, or disapprove applications on all harbor permits
where the City of Newport Beach Municipal Code assigns the authority for the decision
to the Harbor Commission.
3. Serve as an appellate and reviewing body for decisions of the City Manager on
harbor permits, leases, and other harbor - related administrative matters where the City
of Newport Beach Municipal Code assigns such authority to the Harbor Commission.
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4. Advise the City Council on proposed harbor - related improvements.
5. Advise the Planning Commission and City Council on land use and property
development applications referred to the Harbor Commission by the City Council,
Planning Commission, or the City Manager.
6. Make recommendations to the City Council for the adoption of regulations and
programs necessary for the ongoing implementation of the goals, objectives, policies of
the Harbor and Bay Element of the General Plan, the Harbor Area Management Plan,
and the Tidelands Capital Plan.
7. Advise the City Council on the implementation of assigned parts of the Tidelands
Capital Plan such as:
A. Dredging priorities.
B. In -bay beach sand replenishment priorities.
C. Harbor amenities such as mooring support service areas and public docks.
STAFF:
City Manager or designee.
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(Redline)
HARBOR COMMISSION
AUTHORIZATION:
Attachment B
Established by Ordinance No. 2001 -25, adopted on January 8, 2002. Amended by
Ordinance No. 2013- adopted on September 10, 2013.
OFFICIAL TITLE:
Harbor Commission of the City of Newport Beach, California.
MEMBERSHIP:
Seven (7) members appointed by the City Council pursuant to Section 702 of the City
Charter. In no event will individual appointments to the Harbor Commission exceed two
(2) consecutive full terms, exclusive of appointments to fill unexpired terms.
TERM:
Each member shall serve a term of four (4) years and such terms shall be on a
staggered basis, pursuant to Section 702 of the City Charter.
PURPOSE & RESPONSIBILITIES:
Newport Harbor supports numerous recreational and commercial activities, waterfront
residential communities and scenic and biological resources. The purpose of the
Harbor Commission is to provide the City of Newport Beach with an advisory body
representing these diverse uses of Newport Harbor and its waterfront.
1A. Advise the City Council in all matters pertaining to the use, control, operation,
promotion and regulation of all vessels and watercraft within toe Newport Harbor.
26. Approve, conditionally approve, or disapprove applications on all harbor permits
where the City of Newport Beach Municipal Code assigns the authority for the decision
to the Harbor Commission.
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3G. serve as an appellate and reviewing body for decisions of the City Manager on
harbor permits, leases, and other harbor - related administrative matters where the City
of Newport Beach Municipal Code assigns such authority to the Harbor Commission.
4D. Advise the City Council on proposed harbor - related improvements.
5 €. Advise the Planning Commission and City Council on land use and property
development applications referred to the Harbor Commission by the City Council,
Planning Commission, or the City Manager.
6 €. Make recommendations to the City Council for the adoption of regulations and
programs necessary for the ongoing implementation of the goals, objectives, and
policies of the Harbor and Bay Element of the General Plan, the Harbor Area
Management Plan, and the Tidelands Capital Plan.
7G. Advise the City Council on the implementation of assigned parts of the Tidelands
Capital Plan such as:
A. Dredging priorities.
B. In -bay beach sand replenishment priorities.
C. Harbor amenities such as mooring support service areas and public
docks.
STAFF:
City Manager or designee.
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