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HomeMy WebLinkAbout03 - Creation of a Harbor DepartmentTO: FROM: CITY OF NEWPORT BEACH City Council Staff Report PREPARED BY: PHONE: TITLE ABSTRACT: July 10, 2018 Agenda Item No. 3 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Dave Kiff, City Manager - 949-644-3001, dkiff@newportbeachca.gov Carol Jacobs, Assistant City Manager 949-644-3313 Creation of a Harbor Department — Second Reading of Ordinance Nos. 2018-10 and 2018-11 On June 26, 2018, the City Council introduced and conducted the first reading of Ordinance 2018-10, An Ordinance of the City Council of the City of Newport Beach, California, Creating a Harbor Department and Folding the Harbor Resources Division into the Engineering Services Division of the Public Works Department; and Ordinance No. 2018-11, An Ordinance of the City Council of the City of Newport Beach, California, Amending the Title and Introductory Table of Chapter 2.12, Section 2.12.010 and Adding Section 2.12.120 to Title 2 of the Newport Beach Municipal Code, Pertaining to the Harbor Department. RECOMMENDATION: a) Determine that the 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 it will not result in a physical change to the environment, directly or indirectly; b) Adopt Ordinance No. 2018-10, An Ordinance of the City Council of the City of Newport Beach, California, Creating a Harbor Department and Folding the Harbor Resources Division into the Engineering Services Division of the Public Works Department; and c) Adopt Ordinance No. 2018-11, An Ordinance of the City Council of the City of Newport Beach, California, Amending the Title and Introductory Table of Chapter 2.12, Section 2.12.010 and Adding Section 2.12.120 to Title 2 of the Newport Beach Municipal Code, Pertaining to the Harbor Department. FUNDING REQUIREMENTS: The FY 18-19 Budget as adopted includes sufficient funding for this re -organization. 3-1 Creation of a Harbor Department June 26, 2018 Page 2 DISCUSSION: On July 1, 2017, the City took over responsibility for managing harbor operations from the Orange County Sheriff. Since that time, the function has resided in both the Public Works Department and the City Manager's Office. The staffing has consisted of part-time employees located at Marina Park. Staff is proposing adding new job descriptions and classifications to be included in the salary schedule. At the Study Sessions of June 12, 2018 and June 26, 2018, the City Council discussed the City's harbor operation and provided direction on its organizational structure moving into the future. City Council introduced and conducted the first reading of Ordinance Nos. 2018-10 and 2018-11 creating a Harbor Department and amending Title 2.2 of the Newport Beach Municipal Code. The proposed action will adopt the two ordinances. 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: 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 —Ordinance No. 2018-10, Creating a Harbor Department Attachment B —Ordinance No. 2018-11, Amending Title 2.12 of the Newport Beach Municipal Code (Clean) Attachment C —Ordinance No. 2018-11 Amending Title 2.12 of the Newport Beach Municipal Code (Redline) 3-2 ATTACHMENT A ORDINANCE NO. 2018 -10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, CREATING A HARBOR DEPARTMENT AND FOLDING THE HARBOR RESOURCES DIVISION INTO THE ENGINEERING SERVICES DIVISION OF THE PUBLIC WORKS DEPARTMENT WHEREAS, pursuant to the 1978 Beacon Bay Bill, as amended, the City of Newport Beach ("City") acts on behalf of the State of California as the trustee of tidelands located within the City's limits, including Newport Harbor; WHEREAS, Newport Harbor is the crown jewel of the City and is home to a wide mixture of residences and businesses and over 5,000 recreational and commercial vessels; WHEREAS, Newport Harbor is a tourist destination for the county, state, nation, and world; WHEREAS, a 2018 report produced by Beacon Economics found that on an annual basis Newport Harbor directly/indirectly generates $1 billion in commercial economic output, supports 8,394 jobs, and generates $366.4 million in labor income; WHEREAS, Newport Harbor is currently being managed by a number of City staff members reporting to a variety of departments, including, but not limited to, the Harbor Resources Division within the Public Works Department; WHEREAS, the City desires to provide for the long term efficient management of Newport Harbor through the creation of a new Harbor Department; and WHEREAS, City Charter Section 601 allows the City Council to create a new department by ordinance. NOW, THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: The Harbor Department is hereby created and shall be under the authority of the Harbormaster who shall serve as the head of the department. The Harbormaster shall be appointed, suspended, and/or removed by the City Manager. The City Council, by resolution, may provide for the number, titles, qualifications, powers, duties and compensation of all officers and employees assigned to the Harbor Department. Section 2: The Harbor Resources Division within the Public Works Department is eliminated as a standalone division and shall be folded into the Engineering Services Division of the Public Works Department. The Harbor Resources Manager and the Harbor Resources Technician are assigned to the Engineering Services Division. 3-3 Ordinance No. 2018 - Section 3: The City Council finds the adoption 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. 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, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. Section 5: The recitals provided above are true and correct and are incorporated into the substantive portion of this ordinance. 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 City Charter Section 414. This ordinance shall be effective thirty (30) calendar days after its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the day of , 2018, and adopted on the day of , 2018, by the following vote to -wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS MARSHALL "DUFFY" DUFFIELD ATTEST: LEILANI I. BROWN, CITY CLERK 3-4 Ordinance No. 2018- APPROVED AS TO FORM: CITY A Y'S OFFICE AARON ARP. CITY ATTORNEY 3-5 ATTACHMENT B ORDINANCE NO. 2018-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING THE TITLE AND INTRODUCTORY TABLE OF CHAPTER 2.12, SECTION 2.12.010 AND ADDING SECTION 2.12.120 TO TITLE 2 OF THE NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO THE HARBOR DEPARTMENT WHEREAS, pursuant to City of Newport Beach ("City") Charter Section 601, the City Council for the City of Newport Beach ("City Council") may provide by ordinance for the organization, conduct and operations of the several offices and departments of the City, and for the creation of additional departments, divisions, offices and agencies and for their consolidation, alteration or abolition; WHEREAS, by separate ordinance, the City Council created the Harbor Department to administer Newport Beach Municipal Code ("NBMC") Title 17 and to manage Newport Harbor on behalf of the City; and WHEREAS, by adopting this ordinance, the City Council intends to amend the NBMC to reflect the organization, conduct and operation of the Harbor Department. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows.- Section ollows: Section 1: The title and introductory table of contents in NBMC Chapter 2.12 are hereby amended to read as follows: Chapter 2.12 ADMINISTRATIVE DEPARTMENTS Sections: 2.12.010 Departments Designated. 2.12.020 Authority of City Manager. 2.12.030 Community Development Department. 2.12.040 Finance Department. 2.12.050 Fire Department. 2.12.060 Human Resources Department. Ordinance No. 2018 - Page 2 of 4 2.12.070 Library Services Department. 2.12.080 Utilities Department. 2.12.090 Police Department. 2.12.100 Public Works Department. 2.12.110 Recreation and Senior Services Department. 2.12.120 Harbor Department. Utilities Department—See Chapter 14.04. Traffic Division—See Chapter 2.32. Health Department Duties—See Title 6. Section 2: NBMC Section 2.12.010 is hereby amended to read as follows: 2.12.010 Departments Designated. The administrative service of the City is divided into the following departments: Community Development Department Finance Department Fire Department Human Resources Department Library Services Department Utilities Department Police Department Public Works Department Recreation and Senior Services Department Harbor Department 3-7 Ordinance No. 2018 - Page 3 of 4 Section 3: NBMC Section 2.12.120 is hereby added to NBMC Chapter 2.12 to read as follows: 2.12.120 Harbor Department. The Harbor Department shall be under the supervision of the Harbormaster who shall serve as the head of the Department. The functions of the Harbor Department shall include: A. Management of the City's resources in Newport Harbor, including administration of Title 17 of this Municipal Code; B. Operation of a headquarters at Marina Park or other location selected by the City Manager; C. Patrol of Newport Harbor; D. Provision of code enforcement on the waters of Newport Harbor; E. Management of the City's moorings; F. Promotion of harbor and boating safety; G. Addressing inquiries from residents and visitors regarding Newport Harbor, H. Management of City owned marinas; I. Provide staff to act as the liaison to the City's Harbor Commission. J. Such other functions as may be delegated by the City Manager. Section 4: Except as specifically modified in this ordinance, all other sentences, paragraphs, subsections, sections, chapters, and titles of the NBMC shall remain unchanged and in effect. Section 5: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 6: 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, 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 7: The City Council finds the introduction and adoption of this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections W Ordinance No. 2018 - Page 4 of 4 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 8: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published pursuant to City Charter Section 414. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the day of , 2018, and adopted on the day of , 2018, by the following vote, to wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS MAYOR ►-ri1:&39 MARSHALL "DUFFY" DUFFIELD LEILANI I. BROWN, CITY CLERK CITY ATT OFFICE AARON C. RP, CITY ATTORNEY 3-9 ATTACHMENT C Chapter 2.12 ADMINISTRATIVE DEPARTMENTS Sections: 2.12.010 Departments Designated. 2.12.020 Authority of City Manager. 2.12.030 Community Development Department. 2.12.040 Finance Department. 2.12.050 Fire Department. 2.12.060 Human Resources Department. 2.12.070 Library Services Department. 2.12.080 Utilities Department. 2.12.090 Police Department. 2.12.100 Public Works Department. 2.12.110 Recreation and Senior Services Department. Formatted: space After: o pt 2.12.120 Harbor Department. Utilities Department—See Chapter 14.04. Traffic Division—See Chapter 2.32. Health Department Duties—See Title 6. 2.12.010 Departments Designated. The administrative service of the City is divided into the following departments: Community Development Department Finance Department Fire Department Human Resources Department Library Services Department Utilities Department Police Department Public Works Department Recreation and Senior Services Department Harbor Department 2.12.020 Authority of City Manager. All department directors, except the City Attorney and the City Clerk, shall be subject to the administrative authority and direction of the City Manager. 3-10 2.12.030 Community Development Department. The Community Development Department shall be under the supervision of the Community Development Director. The term "Planning Director" or "Building Director" as found in the Newport Beach Municipal Code, or in any contract or agreement to which the City is a party, shall be deemed hereafter to refer to the Community Development Director. The functions of the Community Development Department shall include: A. Administration and enforcement of the provisions of this Code relating to planning, zoning and subdivisions, nuisance abatement and Code enforcement, and advising and assisting the Planning Commission in such administration vested in that Commission; B. Administration and enforcement of the building, electrical, plumbing and mechanical codes, including grading and swimming pool regulations; C. Administration and enforcement of State regulations governing energy conservation and sound transmission; D. Preparation and presentation of reports to the City Council and the Planning Commission on various aspects of City planning; E. Preparation and maintenance of the General Plan; F. Advising the public on zoning and planning matters; G. Receipt and processing of subdivision maps; and H. Such other functions as may be delegated by the City Manager or the City Council. 2.12.040 Finance Department. The Finance Department shall be under the supervision of the Finance Director, who shall have charge of financial affairs of the City. The term "Administrative Services Director" as found in the Newport Beach Municipal Code, or in any contract or agreement to which the City is a party, shall be deemed hereafter to refer to the Finance Director. The financial functions of the Finance Department, in addition to those duties imposed by the City Charter, shall include: A. Enforcement of the City's business license and transient occupancy tax regulations; B. Management of the City's finances, financial statements, audits, revenue collection and billing, financial management system budget, payroll, accounting, cashiering, treasury and investments; C. Purchase of supplies, equipment, training, and services used by City departments; D. Disposal of obsolete and surplus City property; 3-11 E. Management of the City's parking program, including meters and lots; and F. Such other functions as may be delegated by the City Manager or the City Council. 2.12.050 Fire Department. The Fire Department shall be under the supervision of the Fire Chief. The term "Marine Director" as used in this Code shall be deemed hereafter to refer to the Fire Chief. The functions of the Fire Department shall include: A. Administration. 1. Ensure fulfillment of the Fire Department mission through planning, preparation, designation of funding, and securing of equipment and materials required to support personnel, operations, and programs. B. Prevention. Identify and prevent hazards to life, health, property and the environment. 2. Apply and enforce California State laws and local ordinances. 3. Plan and prepare City staff and residents to address potential disasters. C. Operations. 1. Respond to and mitigate all threats to life, health, property and the environment. 2. Provide training and education to support expertise and safe operations. 3. Monitor for quality assurance. D. Lifeguards. 1. Respond to and mitigate all threats to life and health on the City beaches and waterways. 2. Provide training and education to support expertise and safe operations. 3. Plan and prepare residents to assist emergency responders through community preparedness programs. E. Collaborate with the Orange County Harbor Patrol and/or the U.S. Coast Guard to prevent and/or respond to accidents of a marine nature within the City limits or contiguous unincorporated territory under County contractual agreements. F. Such other functions as may be delegated by the City Manager or the City Council. 3-12 2.12.060 Human Resources Department. The Human Resources Department shall be under the supervision of the Human Resources Director. The functions of the Human Resources Department shall include: A. Establishment and maintenance of the City's personnel policies, employee classifications and compensation policies and other conditions of employment to assist the City Manager in carrying out the provisions of Chapters 2.24 and 2.28 of the Newport Beach Municipal Code; B. Advise and liaison to the Civil Service Board; C. Provide risk management services; and D. Such other functions as may be delegated by the City Manager or the City Council. 2.12.070 Library Services Department. The Library Services Department shall be under the supervision of the Library Services Director/City Librarian. The functions of the Library Services Department shall include: A. Advise the Board of Library Trustees; B. Advise the City Arts Commission; C. Operation and management of the City's libraries, including selection, organization and dissemination of materials in all formats—print, multi -media and electronic publishing; D. Operation of the City's literacy program; E. Planning coordination and direction of the community cultural activities; and F. Such other functions as may be delegated by the City Manager or the City Council. 2.12.080 Utilities Department. The Utilities Department shall be under the supervision of the Utilities Director. The term "Utilities Director" as found in the Newport Beach Municipal Code, or in any contract or agreement to which the City is a party, shall be deemed hereafter to refer to the Utilities Director of the "Utilities Department." The term "Municipal Operations Department" as found in the Newport Beach Municipal Code, or in any contract or agreement to which the City is a party, shall be deemed hereafter to refer to the Utilities Department whenever the reference to the Municipal Operations Department is in reference to one or more of the below functions. The functions of the Utilities Department shall include: A. Maintenance and operation of the City water system; B. Maintenance and operation of the City sewer system; C. Maintenance and operation of the City's street sweeping program; 3-13 D. Maintenance of the City's storm drain system; E. Maintenance and operation of the City street lighting system; F. Management of the City's oil and gas operations; G. Management of the regulations found in Chapter 14.04 of this Municipal Code; and H. Such other functions as may be delegated by the City Manager or the City Council. 2.12.090 Police Department. The Police Department shall be under the supervision of the Police Chief. The Police Department may have only such sworn, reserve and civilian personnel as the City Council shall authorize. The functions of the Police Department shall include: A. Prevention, repression and investigation of crime; B. Apprehension of offenders; C. Recovery of property; D. Traffic law enforcement and parking control; E. Animal control; F. Dispatch; G. Custody of lost, stolen, and recovered property; and H. Such other functions as may be delegated by the City Manager or the City Council. 2.12.100 Public Works Department. The Public Works Department shall be under the supervision of the Public Works Director who shall also be the City Engineer Pro Tem and the Superintendent of Streets. The term "General Services Director" as found in the Newport Beach Municipal Code, or in any contract or agreement to which the City is a party, shall be deemed hereafter to refer to the "Deputy Public Works Director -Municipal Operations". The term "Municipal Operations Department" as found in the Newport Beach Municipal Code, or in any contract or agreement to which the City is a party, shall be deemed hereafter to refer to the Public Works Department whenever the reference to the Municipal Operations Department is in reference to one or more of the below functions. The functions of the Public Works Department shall include: A. Planning, installation, design, preparation, review and approval of plans, specifications and working details, operations and maintenance, and administration of contracts for the construction of public works, including streets, storm drains, water quality sewers, water, harbors, street lighting, traffic signals and other public facilities; 3-14 B. Right-of-way acquisition; C. Subdivision engineering and development services; D. Traffic engineering services; E. Engineering services for other City departments; F. Engineering planning for water, sewer and electrical systems; G. Water quality inspections and reporting as required by law; H. Activities over and management of the City's tidelands assets in Upper and Lower Newport Bay; I. Street and beach cleaning; J. Refuse and garbage collection and disposal; K. Maintenance and repair of streets, alleys, curbs, sidewalks, storm drains, bridges, piers, bulkheads and floats; L. Maintenance and repair of City equipment; M. Signage and carpentry; N. Street striping, and barricade, curb, crosswalk, parking stall, and pavement painting; O. Street name and regulation sign posting maintenance; P. Custodial maintenance and minor repair services for City -owned and occupied buildings and facilities; Q. Landscaping and maintenance of City parks, parkway trees, and planted areas on City -owned property, easements, and rights-of-way, the maintenance of electrical equipment in City buildings; and R. Such other functions as may be delegated by the City Manager or the City Council. 2.12.110 Recreation and Senior Services Department. The Recreation and Senior Services Department shall be under the supervision of the Recreation and Senior Services Director. The functions of the Recreation and Senior Services Department shall include: A. Advise and liaison to the Parks, Beaches and Recreation Commission; B. Planning coordination and direction of community recreational activities; C. Operation and control of all parks, recreation, and senior services facilities over which the City exercises jurisdiction; 3-15 D. Master planning for the acquisition and development of park and recreational facilities; and E. Such other functions as may be delegated by the City Manager or the City Council. 2.12.120 Harbor Department. The Harbor Department shall be under the supervision of the Harbormaster who shall serve as the head of the Department. The functions of the Harbor Department shall include: A. Management of the City's resources in Newport Harbor, including administration of Title 17 of this Municipal Code; B. Operation of a headquarters at Marina Park or other location selected by the City Manaqer; C. Patrol of Newport Harbor; D. Provision of code enforcement on the waters of Newport Harbor; E. Management of the City's moorings; F. Promotion of harbor and boating safety; G. Addressing inquiries from residents and visitors regarding Newport Harbor; H. Management of City owned marinas; I. Provide staff to act as the liaison to the City's Harbor Commission. J. Such other functions as may be delegated by the City manager. 3-16