HomeMy WebLinkAbout2017-4 - Dissolving Tidelands Management Committee and Shifting Its Duties to the Harbor CommissionRESOLUTION NO. 2017-4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, DISSOLVING THE
TIDELANDS MANAGEMENT COMMITTEE AND SHIFTING
ITS DUTIES TO THE HARBOR COMMISSION
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 (TMC);
WHEREAS, the City Council charged the TMC with establishing a long term
vision for the tidelands, including the upper bay, lower bay, bay beaches and other
major components;
WHEREAS, on June 12, 2012, the City Council adopted Resolution No. 2012-44
expanding the membership of the TMC's Citizens Advisory Panel from five members to
eight;
WHEREAS, on November 27, 2012, the City Council adopted Resolution
No. 2012-114 extending the term of the TMC to March 31, 2013;
WHEREAS, in April of 2013, the City Council adopted Resolution No. 2013-35
that continued the term of the TMC indefinitely; and
WHEREAS, the City Council believes that the purpose and duties of the TMC,
especially as it relates to capital improvement efforts in the Harbor and on tidelands in
general, are closely aligned with the functions of the Harbor Commission.
NOW, THEREFORE, the City Council of the City of Newport Beach hereby
resolves as follows:
Section 1: To the extent not already repealed, the City Council hereby repeals
Resolution Nos. 2011-26, 2012-44, 2012-114, and 2013-35 only as it relates to TMC,
and dissolves the TMC. All prior duties of the TMC shall be directed to the Harbor
Commission.
Section 2: The City Council finds 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 3: The Recitals provided above are true and correct and are
incorporated into the substantive portion of this resolution.
Resolution No. 2017-4
Page 2 of 2
Section 4: If any section, subsection, sentence, clause or phrase of this
resolution 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 resolution. The
City Council hereby declares that it would have passed this resolution, 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 5: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting this resolution.
ADOPTED this 10th day of January, 2017.
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron C. Harp
City Attorney
Kevin I
Mayor
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH 1
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. 2017-4 was duly introduced before and adopted by the City Council of said City at a regular meeting of
said Council held on the 10'h day of January, 2017, and that the same was so passed and adopted by the
following vote, to wit:
AYES: Council Member Herdman, Council Member Avery, Council Member Dixon, Council
Member Peotter, Council Member O'Neill, Mayor Pro Tem Duffield, Mayor Muldoon
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 11'h day of January, 2017.
Leilani I. Brown, M�vTe
City Clerk
Newport Beach, California
(Seal)