HomeMy WebLinkAbout2018-8 - Amending Sections 2.12.010, 2.12.080, and 2.12.100 of Chapter 2.12 of Title 2 of the Newport Beach Municipal Code, Pertaining To the Utilities Department and Public Works DepartmentORDINANCE NO. 2018-8
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AMENDING
SECTIONS 2.12.010, 2.12.080, AND 2.12.100 OF
CHAPTER 2.12 OF TITLE 2 OF THE NEWPORT BEACH
MUNICIPAL CODE, PERTAINING TO THE UTILITIES
DEPARTMENT AND PUBLIC WORKS 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, pursuant to City Charter Section 601, the City Council may combine
in one person the powers and duties of two or more officers created or authorized by the
Charter;
WHEREAS, by separate ordinance, the City Council recently abolished the
Municipal Operations Department (comprised of the General Services Division and the
Utilities Division), added the General Services Division formerly in the Municipal
Operations Department to the Public Works Department as the Municipal Operations
Division, and created the Utilities Department to provide the functions of the Utilities
Division formerly in the Municipal Operations Department; and
WHEREAS, by adopting this ordinance, the City Council intends to amend the
Newport Beach Municipal Code ("NBMC") to reflect the organization, conduct and
operation of the Utilities Department and Public Works 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.
Ordinance No. 2018-8
Page 2 of 6
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.
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
Ordinance No. 2018-8
Page 3 of 6
Public Works Department
Recreation and Senior Services Department
Section 3: NBMC Section 2.12.080 is hereby amended to read as follows:
2.12.080 Utilities Department.
The Utilities Department shall be under the supervision of
the Utilities Director. The terms "Utilities Director", "Utilities
Manager", and "Utilities General Manager" 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 "Utilities Division" 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". 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 term
"Municipal Operations 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 whenever the reference to the
Municipal Operations Director is in reference to the
person's involvement in 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;
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,
Ordinance No. 2018-8
Page 4of6
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.
Section 4: NBMC Section 2.12.100 is hereby amended to read as follows:
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 term "Municipal
Operations 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"
whenever the reference to the Municipal Operations
Director is in reference to the person's involvement in 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,
B. Right-of-way acquisition;
C. Subdivision engineering and development services;
D. Traffic engineering services;
Ordinance No. 2018-8
Page 5 of 6
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;
R. Maintenance of electrical equipment in City
buildings; and
S. Such other functions as may be delegated by the
City Manager or the City Council.
Section 5: 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 6: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 7: 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.
Ordinance No. 2018-8
Page 6 of 6
Section 8: The City Council finds the introduction and 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 9: 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 22nd day of May, 2018, and adopted on the 12th day of
June, 2018, by the following vote, to wit:
AYES: Council Member Jeff Herdman, Council Member Kevin Muldoon, Council
Member Diane Dixon, Council Member Scott Peotter, Council Member Brad
Avery, Mayor Pro Tem Will O'Neill, Mayor Duffy Duffield
NAYS: None
ABSENT:
............
MARSHALL "DUFFY" DUFFIELD, MAYOR
ATTEST:
1
AM
LEILANIY BROWN, CITY CLERK
APPROVED AS TOFORM:CITY O•
AARON C. HARP, CITY ATTORNEY
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; that the foregoing ordinance, being Ordinance
No. 2018-8 was duly introduced on the 22nd day of March, 2018, at a regular meeting, and adopted by the
City Council at a regular meeting duly held on the 12"' day of June, 2018, and that the same was so
passed and adopted by the following vote, to wit:
AYES: Council Member Jeff Herdman, Council Member Kevin Muldoon, Council Member Diane
Dixon, Council Member Scott Peotter, Council Member Brad Avery, Mayor Pro Tem Will
O'Neill, Mayor Duffy Duffield
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 13"' day of June, 2018.
fAw-
'
WL_
Leilani I. Brown, MMC
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
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
Ordinance No. 2018-8 has been duly and regularly published according to law and the order of the City
Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation
on the following dates:
Introduced Ordinance: May 26, 2018
Adopted Ordinance: June 16, 2018
In witness whereof, I have hereunto subscribed my name this day of
2018.
COLI r-0
Leilani I. Brown, MMC
City Clerk
City of Newport Beach, California