HomeMy WebLinkAbout04 - Re-organizations of the Public Works, Municipal Operations, and Creation of a Utilities DepartmentsTO:
FROM:
CITY OF
NEWPORT BEACH
City Council Staff Report
June 12, 2018
Agenda Item No. 4
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Dave Kiff, City Manager - 949-644-3001,
dkiff@newportbeachca.gov
PREPARED BY: Carol Jacobs, Assistant City Manager,
cjacobs@newportbeachca.gov
PHONE: 949-644-3313
TITLE: Re -organizations of the Public Works Department, Municipal
Operations Department, and Creation of a Utilities Department —
Second Reading of Ordinance Nos. 2018-6 and 2018-8
ABSTRACT:
On May 22, 2018, the City Council introduced and conducted the first reading to Ordinance 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; and 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, of Chapter 2.12 of Title 2 of the Newport Beach Municipal Code, Pertaining
to the Utilities Department and Public Works Department.
RECOMMENDATION:
a) Determine that the action is exempt from the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines
because it will not result in a physical change to the environment, directly or indirectly;
b) Adopt Ordinance 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; and
c) Adopt 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, of Chapter
2.12 of Title 2 of the Newport Beach Municipal Code, Pertaining to the Utilities
Department and Public Works Department.
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Re -organizations of the Public Works Department, Municipal Operations Department,
and Creation of a Utilities Department
June 12, 2018
Page 2
FUNDING REQUIREMENTS:
Funding for the proposed changes to the Public Works Department/Municipal Operations
Department and Utilities Department will provide a savings of approximately $46,700 per
year.
DISCUSSION:
Background
The City Manager is responsible for recommending changes to the City's organizational
structure as provided in Newport Beach Municipal Code 2.12 and changes to
classification and compensation as provided in the Newport Beach Municipal Code 2.28.
At the City Council meeting of May 22, 2018, the City Council received a report outlining
the proposed changes to the Municipal Operations Department, the Public Works
Department and creation of a Utilities Department. The proposed ordinances will provide
for the reorganizations.
ENVIRONMENTAL REVIEW:
Staff recommends 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.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Ordinance No. 2018-6
Attachment B — Newport Beach Municipal Code Chapter 2.12 (Redline)
Attachment C — Ordinance No. 2018-8 (Clean Version)
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ATTACHMENT A
ORDINANCE 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 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,
Ordinance No. 2018 -
Page 2 of 3
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.
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.
.J
Ordinance No. 2018 -
Page 3 of 3
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, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
MARSHALL "DUFFY" DUFFIELD, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
AARON C. HARP, CITY ATTORNEY
GID
ATTACHMENT B
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.
2.12.0$0tt--n
nQeprtret—Utilities De
2.12.090
Police Department.
2.12.100
Public Works Department.
2.12.110
Recreation and Senior Services Department.
rtment
me
Utilities Departmentdivision See Chapter 14.04.
Traffic division -See Chapter 2.32.
Health department duties -See Title 6.
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
DepaFt ent Utilities Department
Police Department
Public Works Department
Recreation and Senior Services Department
2.12.020 Authority of City Manager,
All department directors, except the City Attorney and the City Clerk, shall be subject to
the administrative authority and direction of the City Manager.
2.12.030 Community Development Department.
The Community Development Department shall be under the supervision of the
Community Development Director. The term "Planning Director" or "Building 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 Community
Development Director. The functions of the Community Development Department shall
include:
A. Administration and enforcement of the provisions of this Code relating to
planning, zoning and subdivisions,. nuisance abatement and code enforcement,
and advising and assisting the Planning Commission in such administration
vested in that Commission;
B. Administration and enforcement of the building, electrical, plumbing
and mechanical codes, including grading and swimming pool regulations;
C. Administration and enforcement of State regulations governing energy
conservation and sound transmission;
D. Preparation and presentation of reports to the City Council and the Planning
Commission on various aspects of City planning;
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E. Preparation and maintenance of the General Plan;
F. Advising the public on zoning and planning matters;
G. Receipt and processing of subdivision maps; and
H. Such other functions as may be delegated by the City Manager or the City
Council.
2.12.040 Finance Department.
The Finance Department shall be under the supervision of the Finance Director, who
shall have charge of financial affairs of the City. The term "Administrative 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
Finance Director. The financial functions of the Finance Department, in addition to those
duties imposed by the City Charter, shall include:
A. Enforcement of the City's business license and transient occupancy tax
regulations;
B. Management of the City's finances, financial statements, audits, revenue
collection and billing, financial management system budget, payroll, accounting,
cashiering, treasury and investments;
C. Purchase of supplies, equipment, training, and services used by City
departments;
D. Disposal of obsolete and surplus City property;
E. Management of the City's parking program, including meters and lots; and
F. Such other functions as may be delegated by the City Manager or the City
Council.
2.12.050 Fire Department.
The Fire Department shall be under the supervision of the Fire Chief. The term "Marine
Director" as used in this Code shall be deemed hereafter to refer to the Fire Chief. The
functions of the Fire Department shall include:
A. Administration
a. Ensure fulfillment of the fire department m1ss1on through planning,
preparation, designation of funding, and securing of equipment and
materials required to support personnel, operations, and programs.
B. Prevention
a. Identify and prevent hazards to life, health, property and the environment.
b. Apply and enforce California State laws and local ordinances.
c. Plan and prepare City staff and residents to address potential disasters.
C. Operations
a. Respond to and mitigate all threats to life, health, property and the
environments.
b. Provide training and education to support expertise and safe operations.
c. Monitor for quality assurance.
D. Lifeguards
a. Respond to and mitigate all threats to life and health on the City beaches
and waterways.
b. Provide training and education to support expertise and safe operations.
c. Plan and prepare residents to assist emergency responders through
community preparedness programs.
E. Collaborate with the Orange County Harbor Patrol and/or the US Coast Guard to
prevent and/or respond to accidents of a marine nature within the City limits of
contiguous unincorporated territory under County contractual agreements.
F. Such other functions as may be delegated by the City Manager or the City
Council.
2.12.060 Human Resources Department.
The Human Resources Department shall be under the supervision of the Human
Resources Director. The functions of the Human Resources Department shall include:
A. Establishment and maintenance of the City's personnel policies, employee
classifications and compensation policies and other conditions of employment to
assist the City Manager in carrying out the provisions of Chapter 2.24 and 2.28 of
the Newport Beach Municipal Code;
B. Advise and liaison to the Civil Service Board;
C. Provide risk management services; and
D. Such other functions as may be delegated by the City Manager or the City
Council.
2.12.070 Library Services Department.
The Library Services Department shall be under the supervision of the Library Services
Director/ City Librarian. The functions of the Library Services Department shall include:
A. Advise the Board of Library Trustees;
B. Advise the City Arts Commission;
C. Operation and management of the City's libraries, including selection,
organization and dissemination of materials in all formats - print, multi -media and
electronic publishing;
D. Operation of the City's literacy program;
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E. Planning coordination and direction of the community cultural activities; and
F. Such other functions as may be delegated by the City Manager or the City
Council.
2.12.080 i++paa-Opeatfe UtIlltlesDepartment.
The Utilities Department shall be under the supervision of the
Wu-mcipal OpeFtjeq-s-..-94ec4c�i Utilities Director. The term -z- "Gem Se-Fv-+G_es--94eGteF"
and/of "Utilities 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 of the "Utilities Department." MWRioipal OpeFationsDirester". The
term "Muni�l__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
functions of the MURiGipal OpeFatlensUtilities Department shall include:
�-�-Suet-and-bea�k�alei�+�
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-, f 1 -.4.y._ -4g.
E-A. _ Maintenance and operation of the City water system;
B. Maintenance and operation of the City sewer system,
C. t\,cLili�lld�l a:�� a 6 z,Li- rJ.7eping prcgrarn
F --D. Maintenance of the City's Storm drain system.
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t.:-- a R d h arri6ade EL}F };-£ OSSIM {k- paFkff)-( taN Rd-P-av _M- R -t-
StFeet awe a rid regu I a# aF}� ig pest i ng a� F}te F ce=
}tet. GE#StE(d4-ma+-r� nar ee-aP4 +R9FrepaiF se-F.vIc-eS-fgF-Gat, G W R e d aR-d-9GG-U-P4ed-
bFJi14mg and fac,jitie
-LandSGa p iF+g-a4:14-444a+W.eR@RG pa4k-s--pa-r-kwa-y--tF-ees, n d PtaRted a Fees
aFP +ty-ewaed...
f-FGpeqyease encs eRd- 4g hts-of-w a -y
Ari --E. Maintenance and operation of the City street
lighting system ;,aintennce of eleGtT�c-ai
Cly dt�-Ids-F�gs.
F. Management of the City's oil and gas operations;
V. and G. Management of the regulations found in Chapter 14.04 of this
Municipal Code; and
9-H - Such other functions as may be delegated by the City Manager or the City
Council.
4-10
2.12.090 Police Department.
The Police Department shall be under the supervision of the Police Chief, The Police
Department may have only such sworn, reserve and civilian personnel as the City
Council shall authorize. The functions of the Police Department shall include:
A. Prevention, repression and investigation of crime;
B. Apprehension of offenders;
C. Recovery of property;
D. Traffic law enforcement and parking control;
E. Animal control;
F. Dispatch;
G. Custody of lost, stolen, and recovered property; and
H. Such other functions as may be delegated by the City Manager or the City
Council.
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 Tern 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
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;
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; a -Rd
4-11
I. Street and beach clean�nq:
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 Cid parks. parkway trees. and planted areas
on Cit -owned property, easements and ri hts-of-wa : the maintenance of
eiectncal e ui ment in City buildin s and
R. Such other functions a may be delegated by the City Manager or the City
Council.
2.12.11 Q Recreation and Senior Services Department.
The Recreation and Senior Services Department shall be under the supervision of the
Recreation and Senior Services Director. The functions of the Recreation and Senior
Services Department shall include:
A. Advise and liaison to the Parks, Beaches and Recreation Commission;
B. Planning coordination and direction of community recreational activities;
C. Operation and control of all parks, recreation, and senior services facilities over
which the City exercises jurisdiction;
D. Master planning for the acquisition and development of park and recreational
facilities; and
E. Such other functions as may be delegated by the City Manager or the City
Council.
4-12
ATTACHMENT C
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 OF
CHAPTER 2.12 OF TITLE 2 OF THE NEWPORT BEACH
MUNICIPAL CODE, PERTAINING TO THE UTILITIES
DEPARTMENT AND PUBLIC WORKS 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 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
Newport Beach Municipal Code ("NBMC") to reflect the organization, conduct and
operation of the Utilities Department and Public Works 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.
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Ordinance No. 2018-8
Page 2 of 6
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.
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
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Ordinance No. 2018-8
Page 3 of 6
Public Works Department
Recreation and Senior Services 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;
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;
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Ordinance No. 2018-8
Page 4 of 6
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;
C. Subdivision engineering and development services,
D. Traffic engineering services;
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Ordinance No. 2018-8
Page 5 of 6
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: 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 6: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 7: 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.
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Ordinance No. 2018-8
Page 6 of 6
Section 8: 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 9: 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, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
MARSHALL "DUFFY" DUFFIELD, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
AARON C. HARP, CITY ATTORNEY
4-18