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HomeMy WebLinkAbout2018-6 - Abolishing the Municipal Operations Department, Adding the Former General Services Division to the Public Works Department as the Municipal Operations Division, and Creating the Utilities DepartmentORDINANCE NO. 2018-6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ABOLISHING THE MUNICIPAL OPERATIONS DEPARTMENT, ADDING THE FORMER GENERAL SERVICES DIVISION TO THE PUBLIC WORKS DEPARTMENT AS THE MUNICIPAL OPERATIONS DIVISION, AND CREATING THE UTILITIES DEPARTMENT WHEREAS, on July 12, 2011, upon recommendation of the City Manager, the City Council adopted Ordinance No. 2011-17 creating the Municipal Operations Department, consisting of the General Services Division and the Utilities Division; WHEREAS, the Co -Director of the Municipal Operations Department in charge of the Utilities Division retired in December 2017 and the Co -Director of the Municipal Operations Department in charge of the General Services Division retired in May 2018; WHEREAS, the City Manager has reviewed the organization, conduct and operations of the Utilities Division and General Services Division and recommends abolishing the Municipal Operations Department, adding the General Services Division formerly in the Municipal Operations Department to the Public Works Department as the Municipal Operations Division, and creating the Utilities Department to provide the functions of the Utilities Division formerly in the Municipal Operations Department, with the Utilities Department operating under the authority of the City Manager's Office; and WHEREAS, City Charter Section 601 allows the City Council to adopt an ordinance to abolish a department, add functions regarding the operation of a department, and create a department. NOW, THEREFORE, the City Council of the City of Newport Beach ordains as follows.- Section ollows: Section 1: The Municipal Operations Department is hereby abolished. Section 2: The former General Services Division is hereby added to the Public Works Department as the Municipal Operations Division under the authority of the Public Works Director or his/her designee. The City Council, by resolution, may provide for the number, titles, qualifications, powers, duties and compensation of all officers and employees assigned to the Municipal Operations Division. Section 3: The Utilities Department is hereby created to provide the functions of the former Utilities Division and shall be under the authority of the Utilities Director. The Utilities Director 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 Utilities Department. Section 4: The recitals provided above are true and correct and are incorporated into the substantive portion of this ordinance. Ordinance No. 2018-6 Page 2 of 2 Section 5: 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 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 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 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: No ATTEST: c - r C2 MARSHALL "DUFFY" DUFFIELD, MAYOR 1 E I&Z��� APPROVED AS TO FORM: o'ici\`P CITY ATTORNEY'S OFFICE 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. 2018-6 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 121h 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 13th day of June, 2018. ?oRT STATE OF CALIFORNIA } COUNTY OF ORANGE } CITY OF NEWPORT BEACH } SAL! POW ( r Leilani I. rown, MMIS 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. 2018-6 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: 2018. Introduced Ordinance: May 26, 2018 Adopted Ordinance: June 16, 2018 �j!/ In witness whereof, I have hereunto subscribed my name this day of k SEW PO O 6'� F- l� Leilani I. Brown, MMC U City Clerk 0111Fog of Newport Beach, California ,9<I FO R��P