HomeMy WebLinkAbout2018-11 - 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 DepartmentORDINANCE 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 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.
2.12.070 Library Services Department.
2.12.080 Utilities Department.
Ordinance No. 2018-11
Page 2 of 4
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
Section 3: NBMC Section 2.12.120 is hereby added to NBMC Chapter 2.12
to read as follows:
Ordinance No. 2018-11
Page 3 of 4
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; and
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
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.
Ordinance No. 2018-11
Page 4 of 4
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 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
MARSHALL "DUFFY" DUFFIELD. MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED ATO FORM:
ORNIP
CITY ATT Y"5 OFFICE
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. 2018-11 was duly introduced on the 261h day of June, 2018, at a regular meeting, and adopted by the
City Council at a regular meeting duly held on the 101h 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.
NewporthL
1.7`13-rown, MMC
City Clerk
City of
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. 2018-11 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.
L'9C1 FOy�i
4m�
Leilani I. Brown, MMC
City Clerk
City of Newport Beach, California