HomeMy WebLinkAbout2018-10 - Creating a Harbor Department and Folding the Harbor Resources Division into the Engineering Services Division of the Public Works DepartmentORDINANCE 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.
Ordinance No. 2018-10
Page 2 of 2
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 26th day of June, 2018, and adopted on the 10th day of
July, 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
NAYS:
RECUSED: Mayor Duffy Duffield
A
I. BROWN, CITY CLERK
MARSHALL "DUFFY" DUFFIELD, MAYOR
APPROVE TO FORM: �oa
CITY ATT S OFFICE "'
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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. 2018-10 was duly introduced on the 26th day of June, 2018, at a regular meeting, and adopted by the
City Council at a regular meeting duly held on the 10th day of July, 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
NAYS: None
RECUSED: Mayor Duffy Duffield
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 11th day of July, 2018.
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STATE OF CALIFORNIA }
COUNTY OF ORANGE }
CITY OF NEWPORT BEACH }
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Leilani I. Brown, MMC
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
ss.
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2018-10 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: June 30, 2018
Adopted Ordinance: July 14, 2018 _
In witness whereof, I have hereunto subscribed my name this day of
2018.
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#74-�
Leilani I. Brown, MMC
City Clerk
City of Newport Beach, California