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Home My WebLink About2012-114 - Extending Term of the City Council Committee on Tidelands ManagementRESOLUTION 2412 -114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH EXTENDING THE TERM OF THE CITY COUNCIL COMMITTEE ON TIDELANDS MANAGEMENT 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 ("Committee"); WHEREAS, the City Council charged the Committee with establishing a long term vision for the tidelands, including the upper bay, lower bay, beaches and other major components; WHEREAS, on June 12, 2012, the City Council adopted Resolution No. 2012 -44 expanding the membership of the Citizens Advisory Panel from five members to eight; and WHEREAS, the important work of the Committee is not yet completed and would benefit from a short term extension. NOW, THEREFORE, the City Council of the City of Newport Beach hereby resolves as follows: Section 1: The term of the City Council Committee on Tidelands Management shall be extended to March 31, 2013 as provided in the attachment to this resolution, which is incorporated by reference. Section 2: The City Council hereby repeals all previous resolutions, or portions thereof, related to the City Council Committee on Tidelands Management that are in conflict with this resolution. Section 3: 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. Section 4: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 27th day of November, 2012. ATTEST: Lelani 1. Brown City Clerk Nancy ar�ner Mayor Exhibit: Tidelands Management Committee Sheet (Amendment shown in strike -out) Exhibit 1 CITY COUNCIL COMMITTEE ON TIDELANDS MANAGEMENT AUTHORIZATION: Established by Resolution No, 2011- 26 adopted on March 8, 2011. Amended by Resolution No. 2012 -44 adopted June 12, 2012. Amended by Resolution No. 2012 -_ adopted November 27, 2012. MEMBERSHIP: Three members of the City Council, appointed by the Mayor and ratified by the City Council, The Mayor shall identify the chair of the Committee. City staff support shall come from the City Manager's Office, and the City Attorney's Office. TERM: Term ends Beee:nber -31 X04-2 March 31. 2013. MEETS: As ca € €ed by the chairperson. PURPOSE & RESPONSIBILITIES: The Committee shall: A. Establish long term visions for the major tidelands components, including the upper bay, lower bay, beaches and other major components. B. To establish a fee structure reflective of a modern harbor, where fair market value is obtained and applied to proper leases (in the case of commercial activities); C. To study and adopt a Tidelands Infrastructure Master Plan (TIMP); D. To research, consider, and recommend appropriate governance structures; and E. To oversee ongoing execution of the Tidelands Infrastructure Master Plan projects. F. Identify and establish a Citizens Advisory Panel (CAP) to assist the Committee, encouraging public input throughout the process. The CAP may be different for each specific area, Meetings of the Committee that involve the CAP shall be noticed, open to the public, and shall be Collaborative with all persons attending the meeting and contributing in a positive way. •grit � i Ei• ti . = s. The Committee shall generally be guided by these Implementation Steps, which were reviewed by the City Council on February 22, 2011: 1. Review existing General Plan policies, the Harbor Area Management Plan (RAMP), and other relevant existing documents, and finalize a vision for the ultimate goals of the management process for each of the major Tidelands components. 2. Fee and revenue issues: a. Review and finalize for recommendation to the Council as a whole, an action plan to maximize the productivity of the City's oil reserves in the most economically and environmentally advantageous manner; b. Update fees to modern schedules with modern methodologies: i. Complete the appraisal for Lido Marina Village's marina facilities; ii. Hire consultant with tidelands lease expertise to review and implement appropriate fee arrangements for all major tidelands use classifications (commercial permittees over tidelands, commercial permittees where permittees control uplands, and more); c. Determine a strategy to maximize the participation of the federal government and other governmental agencies and private stakeholders in the funding burdens associated with the Tidelands Infrastructure Master Plan, 3. Tidelands Infrastructure Master Plan. Using the Harbor Area Management Plan (HAMP) and other resources, develop a Tidelands Infrastructure Master Plan identifying projects, timing, and costs associated with items like: a. Dredging (Lower Newport Bay, Newport Slough, Newport Island, Upper Newport Bay [in 20 years], more); b. Beach replenishment (ocean beaches, in -bay beaches, more); c. Habitat protection and restoration (eelgrass, habitat restoration such as John Wayne Gulch, Santa Isabel Channel); d. Sea level rise (sea walls - private and public, street ends, ocean beach infrastructure, more); e. Harbor amenities (mooring support services areas, public docks, more); f. Water quality (selenium removal upstream and in Big Canyon wash, bacteria, trash booms, etc); and g. Harbor services (law enforcement, Harbor Resources Division, more). 4. Re- examine and update fee structure based on Tidelands Facilities Master Plan needs; 5. Recommend and implement a long -term governance and/ or fund structure to ensure that: a. All tidelands are managed appropriately and reflective of the City's obligations under the tidelands trust; and b. Tidelands revenue appropriately covers tidelands expenses into the future. 6. Depending upon the area of interest and the prioritization, select a Citizens Advisory Panel (CAP) of up to eight (8) people specifically invited to attend Committee meetings and to provide their expertise on key subject areas, including but not limited to tidelands uses, harbor activities, oil field operations, water quality, governance structures, capital program development, and more. The advisory panel may change depending on the Committee's specific focus at any one time. STATE OF CALIFORNIA } COUNTY OF ORANGE 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 resolution, being Resolution No. 2012 -114 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 27`h day of November, 2012, and that the same was so passed and adopted by the following vote, to wit: Ayes: Hill, Curry, Selich, Henn, Daigle, Mayor Gardner Absent: Rosansky IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 2eh day of November, 2012. Vaawj - IU°� City Clerk ' Newport Beach, California (Seal)