12 - AB 2464 (Harper)
12 - AB 2464 (Harper)
5/3/2018 8:27:32 AM
3/27/2018 9:12:31 AM
AB 2464 (Harper), Professional Services Agreement with Schmitz and Associates, Budget Amendment
12 - AB 2464 (Harper) - Correspondence
\Packets/Minutes, Ordinances, Resolutions & Council Videos\City Council\Council Meetings\2018\03/27/2018\Agenda Packet
C-8545-1 - PSA for Advocacy for Newport Harbor Port Master Plan
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AB 2464, Port Master Plan Update and More <br />March 27, 2018 <br />Page 2 <br />FUNDING REQUIREMENTS: <br />The proposed Budget Amendment for FY 2017-18 would allow up to $120,000 to be spent <br />in this regard (generally set at $16,000 per month plus incidental and travel costs from <br />Schmitz and Henschel). Should the bill be passed into law, the City would have to <br />undertake a fairly extensive planning effort to develop a Port Master Plan. While this will <br />involve additional City expense, it likely will save an undetermined amount of money for <br />our residents and businesses (and possibly the City) should the Port Master Plan be <br />approved by the Coastal Commission. <br />DISCUSSION: <br />In recent years, Council members have discussed the concept of a "Port Master Plan" for <br />Newport Harbor, that would be akin to a Local Coastal Program (LCP) for the waters of <br />Newport Harbor. With an LCP, a local community's governing board steps into the shoes <br />of the California Coastal Commission in interpreting the Coastal Act, allowing local <br />residents to avoid following the Commission across the state at its monthly meetings to <br />secure a permit. <br />In effect, having a Port Master Plan would allow the City Council and City staff to process <br />environmental review and permits for modifications, removals, and installations of items <br />like sea walls, private and public docks, mooring cans, swim lines, and more — assuming <br />all of this occurred consistent with the California Coastal Act. Additionally, it would allow <br />the City Council to more effectively manage small dredging projects, especially around <br />private piers. <br />Starting with the Council's planning session on Monday, January 29th, 2018, and then at <br />the Council's evening meeting of Tuesday, February 13, 2018, the Council gave direction <br />to have legislation introduced that would create the Port Master Plan concept in state law. <br />Assembly Member Matthew Harper agreed to introduce the legislation, which is now <br />Assembly Bill 2464 (Harper, with CA Senator John Moorlach as co-author). AB 2464 as <br />introduced is Attachment A. <br />AB 2464 would essentially align Newport Beach's harbor with other significant harbors, <br />calling out our harbor as a harbor able to have its own Port Master Plan. If the bill become <br />law, the City would then have to develop and submit the Port Master Plan to the Coastal <br />Commission for review and approval, similar to the City's extensive Local Coastal <br />Program effort. It is likely that developing and submitting a Port Master Plan may take a <br />significant amount of time should AB 2464 became law. <br />Don Schmitz of Schmitz and Associates has been a long-term contractor to the City on <br />advocacy before the Coastal Commission and to Coastal staff. Mr. Schmitz has <br />partnered in the past with Sean Henschel of Henschel Government Affairs to <br />communicate with state legislators and the Governor's office. <br />12-2 <br />
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