HomeMy WebLinkAbout2018-3 - Adopting Revised City Council “H” PoliciesRESOLUTION NO. 2018-3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, ADOPTING
REVISED CITY COUNCIL "H" POLICIES
WHEREAS, the City of Newport Beach ("City") is governed, in part, by its Charter,
Municipal Code, and adopted City Council Policies;
WHEREAS, at its August 8, 2017 meeting, the City Council directed the Harbor
Commission to review the City Council "H" Policies ("H Policies") for future Council
consideration;
WHEREAS, the Harbor Commission formed ad hoc committees to review the H
Policies with interested parties and present recommendations to the entire Harbor
Commission regarding revisions to improve readability and efficiency;
WHEREAS, on January 10, 2018, the Harbor Commission approved for
submission to City Council revisions to the H Policies, as shown in the revised policies
attached to this resolution as Exhibit 1 and incorporated herein by reference;
WHEREAS, the Harbor Commission's revisions, among other things, provide
clarity, avoid ambiguity and simplify when possible;
WHEREAS, the Harbor Commission recommends the City Council revise the H
Policies as shown in Exhibit 1; and
WHEREAS, the Harbor Commission further recommends the City Council
renumber City Council Policy H-3 as City Council Policy B-2 because the policy
contemplates action by the City's Recreation and Senior Services Department.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council hereby amends the H Policies as shown in Exhibit 1.
City Council Policy H-3 shall be renumbered as City Council Policy B-2.
Section 2: All prior versions of the H Policies that are in conflict with the revisions
adopted by this resolution are hereby repealed.
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.
Resolution No. 2018-3
Page 2 of 2
Section 4: The recitals provided in this resolution are true and correct and are
incorporated into the substantive portion of this resolution.
Section 5: Except as expressly modified in this resolution, all other City Council
Policies, sections, subsections, terms, clauses and phrases set forth in the Council Policy
Manual shall remain unchanged and shall be in full force and effect.
Section 6: The City Council finds the adoption of this resolution and the
amendment of the specified City Council Policies 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.
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 February, 2018.
ATTEST:
WAM� J,pwo'—
Leilani
I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aa'rorf C.Fjarp \
City Attorn y,
Mars all "buffy")2ruffield
Mayor
Attachment: Exhibit 1 – Revised City Council Policies
EXHIBIT 1
H-2
BAY WATER POLLUTION CONTROL
The City Council is unalterably opposed to the discharge of any raw sewage,
sewage effluent, litter, debris or other wastes into Newport Bay that in any
possible way could cause pollution and contamination of the waters of
Newport Bay.
The Council will utilize information available from other regulatory agencies,
such as the Regional Water Quality Control Board, the Orange County
Health Care Agency, the U.S. Army Corps of Engineers, and the State
Boating and Waterways Division to further improve Bay water quality and
meet or exceed California Water -Contact Sports Standards.
The Council further urges the County of Orange and any other public and
private agencies to take all practical steps to reduce or eliminate sediment
flows into Upper Newport Bay during rainy seasons.
Adopted - December 21, 1970
Reaffirmed - December 10, 1973
Reaffirmed - November 11, 1974
Reaffirmed - February 9, 1981
Amended - January 24, 1994
Amended - February 13, 2018
WEN
DORY FLEET
It is a general policy of the City of Newport Beach that an area immediately west
of the Newport Pier be reserved for the Newport Dory Fleet ("Dory Fleet"). The
Dory Fleet, founded in 1891, is a historical landmark designated by the Newport
Beach Historical Society.
The City Council, in developing an official position with respect to the Dory
Fleet, has examined and evaluated the following:
A. The historical significance and relative size of the Dory Fleet;
B. The desirability of preserving a small area of public beach for commercial Dory
Fleet activity, primarily for catching and selling fish; and
C. The responsibility of the City to protect the health, safety and welfare of beach
users and swimmers in the vicinity of the Dory Fleet.
After considering these factors, the Newport Beach City Council has adopted
policy provisions concerning the Dory Fleet operations.
A. The Dory Fleet zone is delineated by pilings erected by the City and is reserved
for full time members of the Dory Fleet who derive their livelihood from
commercial fishing ("Dory Fleet Zone"). Members of the Dory Fleet are required
to maintain a current commercial fishing license.
B. Members of the Dory Fleet are required to maintain a valid commercial fishing
permit for all seafood species they offer for sale to the public.
C. All products offered for sale to the public must be locally caught products.
("Local" shall be defined as those products caught in the navigable waters
between the United States/Mexico border from the south and Point
Conception (34.4486°N, 120.4716° W) to the north.)
D. Members of the Dory Fleet will have a current City business license.
E. Dory Fleet fishing vessels allowed to be launched and stored on the public
beach will be trailered, 25 feet or less in length and a registered commercial
fishing vessel.
F. The Dory Fleet Zone is not to be used as a launching facility for itinerant
commercial or sport fishing enterprises.
G. The use of vehicles to launch and retrieve boats during the summer months
and weekends in the spring and fall when beach use is heavy, will be restricted
to the hours before 11:00 a.m. and after 6:00 p.m. Vehicles and trailers used
by the Dory Fleet will be parked in a location and manner prescribed by the
Fire Department.
1
H-4
H. The Dory Fleet will be responsible for cleanup and maintenance of the
designated Dory Fleet Zone.
I. The City will furnish two water hose bib outlets to be shared by the members
of the Dory Fleet. Electricity will consist of one light switch and one plug
switch per shed, with the monthly costs prorated amongst the shed assignees.
J. The Dory Fleet storage sheds permitted within the designated boundaries are
to be used by members of the Dory Fleet only for the storage of equipment and
supplies and are not to be used for temporary or permanent housing
occupancy.
K. There shall be a maximum of 20 Dory Fleet storage sheds no larger than 10
feet by 10 feet, with roof ridge heights not to exceed 9 feet. The size, type of
construction and architectural style shall be developed with input from the
Dory Fleet.
L. Members of the Dory Fleet will abide by all City ordinances and California
Boating Laws in the operation of their vessels near the beach and surf zone
where there are swimmers and surfers. Dory Fleet vessels will ingress and
egress immediately ocean ward of the Dory Fleet Zone.
M. The Dory Fleet may designate a spokesperson to represent their concerns and
will meet with appropriate City department(s), as designated by the City
Manager, to resolve conflicts of use and safety problems.
Adopted - November 23, 1987
Reaffirmed - January 24, 1994
Amended - September 10, 2002
Amended - February 13, 2018
2
ADMINISTRATION OF THE ROBINSON-SKINNER
ANNUITY FOR NEWPORT BAY DREDGING
PURPOSE
H-5
To describe the manner in which the City shall administer funds within
the Robinson -Skinner Annuity and to appropriately safeguard the
principal within the Annuity so that the purposes of the Annuity are
protected. These purposes include the establishment and long-term
preservation of a funding source for the regular dredging of Upper
Newport Bay and dredging of the Lower Newport Bay so that the City and
its watershed partners achieve the goals and directives of the Sediment
and Nutrient TMDLs (Total Maximum Daily Loads) adopted for Newport
Bay in 1998.
POLICY
It is the policy of the City Council of the City of Newport Beach to protect
the principal within the Robinson -Skinner Annuity by prudently
investing the principal in accordance with the City's conservative
investment principles and the City's Statement of Investment Policy
(Council Policy F-1).
It is further the policy of the City Council that it shall follow the terms of
the Memorandum of Agreement executed in December 2002 in the
implementation and administration of the Annuity.
Adopted - November 12, 2002
Reaffirmed - February 13, 2018
Min
NEWPORT BEACH SENSITIVE NATURAL/ MARINE AREAS
It is the policy of the City Council, through cooperative and mutually supportive
endeavors of the City of Newport Beach, County of Orange and the State Fish
and Wildlife Department, to preserve and enhance the assets of sensitive natural
and marine areas; to create the best possible environments; and to ensure their
continued existence.
In order to accomplish this goal the Natural Resources staff shall, when possible,
schedule and regulate activities in sensitive natural and marine environments.
Natural Resources staff assigned to natural/marine areas educate on the rules
and regulations for the purpose of conserving these resources for future
generations.
Adopted - October 26, 1976
Reaffirmed - February 9, 1981
Amended - January 24, 1994
Amended - September 27, 2011
Amended -May 12, 2015
Amended - February 13, 2018
Formerly H-3
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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. 2018-3 was duly introduced before and adopted by the City Council of said City at a regular meeting of
said Council held on the 13th day of February, 2018; and the same was so passed and adopted by the
following vote, to wit:
AYES: Council Member Jeff Herdman, Council Member Kevin Muldoon, Council Member Diane
Dixon, Council Member Scott Peotter, Council Member Brad Avery, Mayor Pro Tem Will
O'Neill, Mayor Duffy Duffield
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 141h day of February, 2018.
Leilani I. Brown
City Clerk
Newport Beach, California