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HomeMy WebLinkAbout05 - Proposed Creation of a Harbor Department - Amended OrdinanceMay 22, 2018 ORDINANCE NO. 2018-8 Item No. 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING SECTIONS 2.12.010, 2.12.080, AND 2.12.100 AND ADDING SECTION 2.12.120 TO CHAPTER 2.12 OF TITLE 2 OF THE NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO THE UTILITIES DEPARTMENT, PUBLIC WORKS DEPARTMENT, AND 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, pursuant to City Charter Section 601, the City Council may combine in one person the powers and duties of two or more officers created or authorized by the Charter; WHEREAS, by separate ordinance, the City Council recently created the Harbor Department to administer Newport Beach Municipal Code ("NBMC") Title 17 and to manage Newport Harbor on behalf of the City; WHEREAS, by separate ordinance, the City Council recently abolished the Municipal Operations Department (comprised of the General Services Division and the Utilities Division), added the General Services Division formerly in the Municipal Operations Department to the Public Works Department as the Municipal Operations Division, and created the Utilities Department to provide the functions of the Utilities Division formerly in the Municipal Operations Department; and WHEREAS, by adopting this ordinance, the City Council intends to amend the NBMC to reflect the organization, conduct and operation of the Utilities Department, Public Works Department, and 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. Ordinance No. 2018-8 Page 2 of 76 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. 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 Ordinance No. 2018-8 Page 3 of 76 Police Department Public Works Department Recreation and Senior Services Department Harbor Department Section 3: NBMC Section 2.12.080 is hereby amended to read as follows: 2.12.080 Utilities Department. The Utilities Department shall be under the supervision of the Utilities Director. The terms "Utilities Director "1 "Utilities Manager", and "Utilities General Manager" as found in the Newport Beach Municipal Code, or in any contract or agreement to which the City is a party, shall be deemed hereafter to refer to the Utilities Director of the "Utilities Department". The term "Utilities Division" as found in the Newport Beach Municipal Code, or in any contract or agreement to which the City is a party, shall be deemed hereafter to refer to the "Utilities Department". The term "Municipal Operations Department" as found in the Newport Beach Municipal Code, or in any contract or agreement to which the City is a party, shall be deemed hereafter to refer to the Utilities Department whenever the reference to the Municipal Operations Department is in reference to one or more of the below functions. The term "Municipal Operations Director" as found in the Newport Beach Municipal Code, or in any contract or agreement to which the City is a party, shall be deemed hereafter to refer to the Utilities Director whenever the reference to the Municipal Operations Director is in reference to the person's involvement in one or more of the below functions. The functions of the Utilities Department shall include: A. Maintenance and operation of the City water system; B. Maintenance and operation of the City sewer system; C. Maintenance and operation of the City's street sweeping program; Ordinance No. 2018-8 Page 4 of 76 D. Maintenance of the City's Storm drain system; E. Maintenance and operation of the City street lighting system; F. Management of the City's oil and gas operations; G. Management of the regulations found in Chapter 14.04 of this Municipal Code; and H. Such other functions as may be delegated by the City Manager or the City Council. Section 4: NBMC Section 2.12.100 is hereby amended to read as follows: 2.12.100 Public Works Department. The Public Works Department shall be under the supervision of the Public Works Director who shall also be the City Engineer Pro Tem and the Superintendent of Streets. The term "General Services Director" as found in the Newport Beach Municipal Code, or in any contract or agreement to which the City is a party, shall be deemed hereafter to refer to the "Deputy Public Works Director - Municipal Operations". The term "Municipal Operations Department" as found in the Newport Beach Municipal Code, or in any contract or agreement to which the City is a party, shall be deemed hereafter to refer to the Public Works Department whenever the reference to the Municipal Operations Department is in reference to one or more of the below functions. The term "Municipal Operations Director" as found in the Newport Beach Municipal Code, or in any contract or agreement to which the City is a party, shall be deemed hereafter to refer to the "Deputy Public Works Director -Municipal Operations" whenever the reference to the Municipal Operations Director is in reference to the person's involvement in one or more of the below functions. The functions of the Public Works Department shall include: A. Planning, installation, design, preparation, review and approval of plans, specifications and working details, operations and maintenance, and administration of contracts for the construction of public works, including streets, storm drains, water quality sewers, water, harbors, street lighting, traffic signals and other public facilities; Ordinance No. 2018-8 Page 5 of 76 B. Right-of-way acquisition; C. Subdivision engineering and development services; D. Traffic engineering services; E. Engineering services for other City departments; F. Engineering planning for water, sewer and electrical systems; G. Water quality inspections and reporting as required by law; H. Activities over and management of the City's tidelands assets in Upper and Lower Newport Bay; I. Street and beach cleaning; J. Refuse and garbage collection and disposal; K. Maintenance and repair of streets, alleys, curbs, sidewalks, storm drains, bridges, piers, bulkheads and floats; L. Maintenance and repair of City equipment; M. Signage and carpentry; N. Street striping, and barricade, curb, crosswalk, parking stall, and pavement painting; O. Street name and regulation sign posting maintenance; P. Custodial maintenance and minor repair services for City -owned and occupied buildings and facilities; Q. Landscaping and maintenance of City parks, parkway trees, and planted areas on City -owned property, easements and rights-of-way; 4R. the-rnMaintenance of electrical equipment in City buildings; and R -.S. Such other functions as may be delegated by the City Manager or the City Council. Section 5: NBMC Section 2.12.120 is hereby added to NBMC Chapter 2.12 to read as follows: 2.12.120 Harbor Department. The Harbor Department shall be under the supervision of the Harbor Director -Harbormaster. The functions of the Harbor Department shall include, but not be limited to: A. Manage the City's resources in Newport Harbor, including administration of Title 17 of this Municipal Code; B. Operate a headquarters at Marina Park or similar location; Ordinance No. 2018-8 Page 6 of 76 C. Patrol Newport Harbor; D. Provide code enforcement on the waters of Newport Harbor; E. Manage the City's moorings; F. Promote harbor and boating safety; G. Address inquiries from residents and visitors regarding Newport Harbor; and H. Such other functions as may be delegated by the City Manager or the City Council. Section 6: 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 7: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Ordinance No. 2018-8 Page 7 of 76 Section 8: 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 9: 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. Section 10: 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 22nd day of May, 2018, and adopted on the 12th day of June, 2018, by the following vote, to wit: AYES: NAYS: ABSENT: MARSHALL "DUFFY" DUFFIELD, MAYOR ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE AARON C. HARP, CITY ATTORNEY ORDINANCE NO. 2018-8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING SECTIONS 2.12.010, 2.12.080, AND 2.12.100 AND ADDING SECTION 2.12.120 TO CHAPTER 2.12 OF TITLE 2 OF THE NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO THE UTILITIES DEPARTMENT, PUBLIC WORKS DEPARTMENT, AND 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, pursuant to City Charter Section 601, the City Council may combine in one person the powers and duties of two or more officers created or authorized by the Charter; WHEREAS, by separate ordinance, the City Council recently created the Harbor Department to administer Newport Beach Municipal Code ("NBMC") Title 17 and to manage Newport Harbor on behalf of the City; WHEREAS, by separate ordinance, the City Council recently abolished the Municipal Operations Department (comprised of the General Services Division and the Utilities Division), added the General Services Division formerly in the Municipal Operations Department to the Public Works Department as the Municipal Operations Division, and created the Utilities Department to provide the functions of the Utilities Division formerly in the Municipal Operations Department; and WHEREAS, by adopting this ordinance, the City Council intends to amend the NBMC to reflect the organization, conduct and operation of the Utilities Department, Public Works Department, and 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. Ordinance No. 2018-8 Page 2of7 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. 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 Ordinance No. 2018-8 Page 3 of 7 Police Department Public Works Department Recreation and Senior Services Department Harbor Department Section 3: NBMC Section 2.12.080 is hereby amended to read as follows: 2.12.080 Utilities Department. The Utilities Department shall be under the supervision of the Utilities Director. The terms "Utilities Director", "Utilities Manager", and "Utilities General Manager" as found in the Newport Beach Municipal Code, or in any contract or agreement to which the City is a party, shall be deemed hereafter to refer to the Utilities Director of the "Utilities Department". The term "Utilities Division" as found in the Newport Beach Municipal Code, or in any contract or agreement to which the City is a party, shall be deemed hereafter to refer to the "Utilities Department". The term "Municipal Operations Department" as found in the Newport Beach Municipal Code, or in any contract or agreement to which the City is a party, shall be deemed hereafter to refer to the Utilities Department whenever the reference to the Municipal Operations Department is in reference to one or more of the below functions. The term "Municipal Operations Director" as found in the Newport Beach Municipal Code, or in any contract or agreement to which the City is a party, shall be deemed hereafter to refer to the Utilities Director whenever the reference to the Municipal Operations Director is in reference to the person's involvement in one or more of the below functions. The functions of the Utilities Department shall include: A. Maintenance and operation of the City water system; B. Maintenance and operation of the City sewer system; C. Maintenance and operation of the City's street sweeping program; Ordinance No. 2018-8 Page 4of7 D. Maintenance of the City's Storm drain system; E. Maintenance and operation of the City street lighting system; F. Management of the City's oil and gas operations; G. Management of the regulations found in Chapter 14.04 of this Municipal Code; and H. Such other functions as may be delegated by the City Manager or the City Council. Section 4: NBMC Section 2.12.100 is hereby amended to read as follows: 2.12.100 Public Works Department. The Public Works Department shall be under the supervision of the Public Works Director who shall also be the City Engineer Pro Tem and the Superintendent of Streets. The term "General Services Director" as found in the Newport Beach Municipal Code, or in any contract or agreement to which the City is a party, shall be deemed hereafter to refer to the "Deputy Public Works Director - Municipal Operations". The term "Municipal Operations Department" as found in the Newport Beach Municipal Code, or in any contract or agreement to which the City is a party, shall be deemed hereafter to refer to the Public Works Department whenever the reference to the Municipal Operations Department is in reference to one or more of the below functions. The term "Municipal Operations Director" as found in the Newport Beach Municipal Code, or in any contract or agreement to which the City is a party, shall be deemed hereafter to refer to the "Deputy Public Works Director -Municipal Operations" whenever the reference to the Municipal Operations Director is in reference to the person's involvement in one or more of the below functions. The functions of the Public Works Department shall include: A. Planning, installation, design, preparation, review and approval of plans, specifications and working details, operations and maintenance, and administration of contracts for the construction of public works, including streets, storm drains, water quality sewers, water, harbors, street lighting, traffic signals and other public facilities; B. Right-of-way acquisition; Ordinance No. 2018-8 Page 5of7 C. Subdivision engineering and development services; D. Traffic engineering services; E. Engineering services for other City departments; F. Engineering planning for water, sewer and electrical systems; G. Water quality inspections and reporting as required by law; H. Activities over and management of the City's tidelands assets in Upper and Lower Newport Bay; I. Street and beach cleaning; J. Refuse and garbage collection and disposal; K. Maintenance and repair of streets, alleys, curbs, sidewalks, storm drains, bridges, piers, bulkheads and floats; L. Maintenance and repair of City equipment; M. Signage and carpentry; N. Street striping, and barricade, curb, crosswalk, parking stall, and pavement painting; O. Street name and regulation sign posting maintenance; P. Custodial maintenance and minor repair services for City -owned and occupied buildings and facilities; Q. Landscaping and maintenance of City parks, parkway trees, and planted areas on City -owned property, easements and rights-of-way; R. Maintenance of electrical equipment in City buildings; and S. Such other functions as may be delegated by the City Manager or the City Council. Section 5: NBMC Section 2.12.120 is hereby added to NBMC Chapter 2.12 to read as follows: 2.12.120 Harbor Department. The Harbor Department shall be under the supervision of the Harbor Director -Harbormaster. The functions of the Harbor Department shall include, but not be limited to: A. Manage the City's resources in Newport Harbor, including administration of Title 17 of this Municipal Code; B. Operate a headquarters at Marina Park or similar location; C. Patrol Newport Harbor; Ordinance No. 2018-8 Page 6of7 D. Provide code enforcement on the waters of Newport Harbor; E. Manage the City's moorings; F. Promote harbor and boating safety; G. Address inquiries from residents and visitors regarding Newport Harbor; and H. Such other functions as may be delegated by the City Manager or the City Council. Section 6: 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 7: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 8: 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 9: 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. Section 10: 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 22nd day of May, 2018, and adopted on the 12th day of June, 2018, by the following vote, to wit: AYES: NAYS: ABSENT: MARSHALL "DUFFY" DUFFIELD, MAYOR Ordinance No. 2018-8 Page 7 of 7 ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE AARON C. HARP, CITY ATTORNEY