HomeMy WebLinkAbout2018-24 - Adopting Revised City Council Policy H-1RESOLUTION NO. 2018-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, ADOPTING
REVISED CITY COUNCIL POLICY H-1
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 Council Policies H-2, H-3, H-4, and the City
Council approved those on February 13, 2018;
WHEREAS, on April 11, 2018, the Harbor Commission approved for submission
to City Council revisions to Council Policy H-1;
WHEREAS, the revisions to the H Policies, among other things, provide clarity,
avoid ambiguity and simplify when possible; and
WHEREAS, the Harbor Commission recommends the City Council revise Council
Policy H-1 as shown in the revised policy attached to this resolution as Exhibit 1, and
incorporated herein by reference.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council hereby amends Council Policy H-1 as shown in
Exhibit 1.
Section 2: All prior versions of Council Policy H-1 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revisions adopted by this resolution are hereby repealed.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.
Section 4: The recitals provided in this resolution are true and correct and are
incorporated into the substantive portion of this resolution.
Resolution No. 2018-24
Page 2 of 2
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 July 12, 2018, and the City Clerk shall
certify the vote adopting the resolution.
ADOPTED this 22nd day of May, 2018.
ATTEST:
-r J
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY EY'S OFFICE
Aa-ron—C—Ffarp
City Attorney
Marshall "Duffy" Duffield
Mayor
Attachment: Exhibit 1 — Revised City Council Policy H-1
EXHIBIT 1
HARBOR PERMIT POLICY
Background
H-1
Newport Beach Municipal Code Section 17.35.030(A) provides that piers and
floats may not extend beyond the pierhead line unless approved by Council policy.
Policy
The Harbor Commission may permit a pier or float to extend beyond the pierhead
line if the Harbor Commission makes a determination that such extension will not
negatively impact: (1) navigation, (2) adjacent property owners; and (3) existing
harbor uses.
Any permit issued by the City of Newport Beach before July 12, 2018, which allows
a pier or float to extend beyond the pierhead line, is ratified by the City Council and
may continue as valid unless and until such pier or float is extended or enlarged.
Reaffirmed - January 24, 1994
Amended - June 27, 1994
Amended - June 26, 1995
Amended - March 25, 1996
Amended - June 8, 1998 (effective July 22, 1998)
Amended - December 14, 1998
Amended - May 8, 2001
Amended - September 10, 2002
Amended - October 28, 2003
Amended - January 22, 2008
Amended - May 22, 2018
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. 2018-24 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 22nd day of May, 2018; and the same was so passed and adopted by the
following vote, to wit:
AYES: Council Member Herdman, Council Member Kevin Muldoon, Council Member Diane
Dixon, Council Member Scott Peotter, Council Member Brad Avery, Mayor Pro Tem
Will O'Neill
NAYS: None
RECUSED: Mayor Duffy Duffield
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 23rd day of May, 2018.
a,mY )t3�-
Leilani I. Brown
City Clerk
Newport Beach, California