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ORDINANCE NO. 2018-17 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF <br />NEWPORT BEACH, CALIFORNIA, AMENDING NEWPORT <br />BEACH MUNICIPAL CODE TITLES 1 AND 17 RELATED <br />TO THE HARBOR DEPARTMENT <br />WHEREAS, Section 200 of the Charter of the City of Newport Beach ("City") vests <br />the City Council with the authority to make and enforce all laws, rules and regulations with <br />respect to municipal affairs subject only to the restrictions and limitations contained in the <br />Charter and the State Constitutions, and the power to exercise, or act pursuant to any <br />and all rights, powers, and privileges, or procedures granted or prescribed by any law of <br />the State of California; <br />WHEREAS, pursuant to the 1978 Beacon Bay Bill, as amended, ("Beacon Bay <br />Bill") the City of Newport Beach ("City") acts on behalf of the State of California as the <br />trustee of tidelands located within the City's limits, including Newport Harbor; <br />WHEREAS, the City adopted rules and regulations for Newport Harbor, which are <br />contained in Newport Beach Municipal Code ("NBMC") Title 17; <br />WHEREAS, the City recently assumed management responsibilities from the <br />County of Orange within Newport Harbor and created a Harbor Department to oversee <br />these new responsibilities; <br />WHEREAS, the creation of the Harbor Department and the assumption of new <br />responsibilities in Newport Harbor necessitates amendments to NBMC Titles 1 and 17; <br />WHEREAS, Ordinance No. 2018-17 was introduced at a regular meeting of the <br />City Council of the City of Newport Beach (the "City Council") held on October 9, 2018 <br />and adopted by the City Council at a regular meeting held on October 23, 2018 by a vote <br />of 4-0 (with Mayor Marshall "Duffy" Duffield and Council Member Scott Peotter recusing <br />themselves and Mayor Pro Tem Will O'Neill being absent); and <br />WHEREAS, at a regular meeting held on November 13, 2018, by motion duly <br />made by Council Member Brad Avery and seconded by Council Member Kevin Muldoon, <br />this City Council voted to reconsider Ordinance No. 2.018-17, which motion was passed <br />by a vote of 5-0 (with Mayor Marshall "Duffy" Duffield and Council Member Scott Peotter <br />recusing themselves). <br />NOW THEREFORE, the City Council of the City of Newport Beach ordains as <br />follows: <br />