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Home My WebLink About07 - Dissolving the Tidelands Management Committee and Referring its Duties to the Harbor CommissionQ SEW Pp�T CITY OF O z NEWPORT BEACH City Council Staff Report January 10, 2017 Agenda Item No. 7 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Dave Kiff, City Manager - 949-644-3001, dkiff@newportbeachca.gov PREPARED BY: Dave Kiff, City Manager PHONE: 949-644-3001 TITLE: Resolution No. 2017-4: Dissolving the Tidelands Management Committee and Referring its Duties to the Harbor Commission ABSTRACT: This agenda item repeals Resolution No. 2013-35, which dissolves the Tidelands Management Committee (TMC) and refers the TMC's duties to the Harbor Commission. 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; and b) Adopt Resolution No. 2017-4, A Resolution of the City Council of the City of Newport Beach, California, Dissolving the Tidelands Management Committee and Shifting its Duties to the Harbor Commission. FUNDING REQUIREMENTS: This change will reduce the staff time allocated to staffing the TMC (including noticing of meetings, taking minutes, and more). DISCUSSION: In 2013, the City Council revised the TMC to focus its efforts on a number of issues relating to tidelands, including but not limited to: Making recommendations to the City Council as to the components, prioritization, and implementation of the Tidelands Capital Plan (TCP); and Making recommendations to the City Council as to large tidelands capital needs. 7-1 Resolution No. 2017-4: Dissolving the Tidelands Management Committee and Referring its Duties to the Harbor Commission January 10, 2017 Page 2 Staff believes that much of the work of the TMC — especially as it relates to important capital projects such as sea walls and dredging - is more aligned with, and duplicative of the role and duties of the Harbor Commission. After conferring with Mayor Muldoon, we believe it may be time to merge the TMC's duties into the Harbor Commission's duties, thereby reducing duplication, costs, and improving efficiency. The Harbor Commission's current duties include the below. Areas shown in bold appear to duplicate or be closely aligned with the roles of the TMC: 1. Advise the City Council in all matters pertaining to the use, control, operation, promotion and regulation of all vessels and watercraft within Newport Harbor. 2. Approve, conditionally approve, or disapprove applications on all harbor permits where the City of Newport Beach Municipal Code assigns the authority for the decision to the Harbor Commission. 3. Serve as an appellate and reviewing body for decisions of the City Manager on harbor permits, leases, and other harbor -related administrative matters where the City of Newport Beach Municipal Code assigns such authority to the Harbor Commission. 4. Advise the City Council on proposed harbor -related improvements. 5. Advise the Planning Commission and City Council on land use and property development applications referred to the Harbor Commission by the City Council, Planning Commission, or the City Manager. 6. Make recommendations to the City Council for the adoption of regulations and programs necessary for the ongoing implementation of the goals, objectives, policies of the Harbor and Bay Element of the General Plan, the Harbor Area Management Plan, and the Tidelands Capital Plan. 7. Advise the City Council on the implementation of assigned parts of the Tidelands Capital Plan such as: 1. Dredging priorities 2. In -bay beach sand replenishment priorities 3. Harbor amenities such as mooring support service areas and public docks If the City Council agrees with this change and adopts the attached resolution, staff does not see where there is any need to amend the Harbor Commission's documents (Ordinance No. 2013-14) given the alignment with the issues bolded above. 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. 7-2 Resolution No. 2017-4: Dissolving the Tidelands Management Committee and Referring its Duties to the Harbor Commission January 10, 2017 Page 3 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 - Resolution 7-3 ATTACHMENT A RESOLUTION NO. 2017-4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DISSOLVING THE TIDELANDS MANAGEMENT COMMITTEE AND SHIFTING ITS DUTIES TO THE HARBOR COMMISSION WHEREAS, on March 8, 2011, the City Council of the City of Newport Beach adopted Resolution No. 2011-26 establishing the City Council Committee on Tidelands Management (TMC); WHEREAS, the City Council charged the TMC with establishing a long term vision for the tidelands, including the upper bay, lower bay, bay beaches and other major components; WHEREAS, on June 12, 2012, the City Council adopted Resolution No. 2012-44 expanding the membership of the TMC's Citizens Advisory Panel from five members to eight; WHEREAS, on November 27, 2012, the City Council adopted Resolution No. 2012-114 extending the term of the TMC to March 31, 2013; WHEREAS, in April of 2013, the City Council adopted Resolution No. 2013-35 that continued the term of the TMC indefinitely; and WHEREAS, the City Council believes that the purpose and duties of the TMC, especially as it relates to capital improvement efforts in the Harbor and on tidelands in general, are closely aligned with the functions of the Harbor Commission. NOW, THEREFORE, the City Council of the City of Newport Beach hereby resolves as follows: Section 1: To the extent not already repealed, the City Council hereby repeals Resolution Nos. 2011-26, 2012-44, 2012-114, and 2013-35 only as it relates to TMC, and dissolves the TMC. All prior duties of the TMC shall be directed to the Harbor Commission. Section 2: The City Council finds 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. Section 3: The Recitals provided above are true and correct and are incorporated into the substantive portion of this resolution. 7-4 Section 4: 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 5: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting this resolution. ADOPTED this 10" Day of January, 2017 Kevin Muldoon Mayor ATTEST: Leilani 1. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFF(CE Aaron C. Harp City Attorney 7-5