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Home My WebLink About03 - Resolution for Tidelands Management Committeew 0 CITY OF NEWPORT BEACH City Council Staff Report TO: FROM: PREPARED BY: APPROVED: TITLE: ABSTRACT: Agenda Item No. 3 April 23, 2013 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL City Manager's Office Dave Kiff, City Manager (949- 644 -3001; dkiff @newportbeachca.gov) Resolution No. 2013 -35: Tidelands Management Committee This agenda item asks the City Council to create a standing City Council committee referred to as the Tidelands Management Committee. The Tidelands Management Committee would carry on the important work previously done by the Ad Hoc City Council Committee on Tidelands Management that was created by Resolution No. 2011 -26. The Tidelands Management Committee would be tasked with, among other things, establishing and maintaining a long term vision for major components of the tidelands. RECOMMENDATION(S): 1. Adopt Resolution No. 2013 -35 establishing a standing City Council committee referred to as the Tidelands Management Committee. 2. If Resolution No. 2013 -35 is adopted, the Mayor shall appoint three (3) City Council Members to serve on the Tidelands Management Committee and designate one of the Members as Chair. The City Council shall review and if acceptable confirm the Mayor's appointments. Resolution No. 2013 -35: Tidelands Management Committee April 23, 2013 Page 2 FUNDING REQUIREMENTS: Not applicable. DISCUSSION: One of the adopted 2011 Goals for the City Council was "Tidelands Management" — later that year, the City Council formed the Ad Hoc City Council Committee on Tidelands Management ( "Ad Hoc Committee ") to address a number of critical issues, including but not limited to: • Establishing long term visions for the major harbor tidelands components, including the upper bay, lower bay, bay beaches and other major components; • Studying and adopting a Tidelands Infrastructure Master Plan; • Researching and considering appropriate governance structures; and • Overseeing the ongoing execution of the Tidelands Infrastructure Master Plan projects. In late 2012 and early 2013, with much of the one -time tasks of the Ad Hoc Committee complete, the City Council undertook a new review at various committees' roles and responsibilities and divided up different ongoing work related to tidelands to either the Ad Hoc Committee or the newly formed Water Quality /Coastal Tidelands Committee. Similar, to the City Council's reconfiguration of the Water Quality Committee on November 27, 2012 this action suggested today would similarly carry on the important work of the now expired Ad Hoc Committee with a newly established standing Tidelands Management Committee. 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. Resolution No. 2013 -35: Tidelands Management Committee April 23, 2013 Page 3 NOTICING: This agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers this item). Submitted by: O DaW Kiff, City Manager Resolution No. 2013 -35: Tidelands Management Committee April 23, 2013 Page 4 RESOLUTION NO. 2013 -35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ESTABLISHING THE TIDELANDS MANAGEMENT COMMITTEE 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 ( "Ad Hoc Committee "); WHEREAS, the City Council charged the Ad Hoc Committee 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 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 Ad Hoc Committee to March 31, 2013; and WHEREAS, prior to its expiration the Ad Hoc Committee completed a majority of its one -time work and the City Council sees a continuing role within the City to oversee critical tidelands aspects, such as the Tidelands Capital Plan ( "TCP "). NOW, THEREFORE, the City Council of the City of Newport Beach hereby resolves as follows: Section 1: The City Council hereby establishes the standing City Council committee referred to as the Tidelands Management Committee. The Tidelands Management Committee's purpose, membership, roles, responsibilities, and terms shall be as provided in the attached Tidelands Management Committee Sheet, which is incorporated by reference herein. 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 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 Resolution No. 2013 -35: Tidelands Management Committee April 23, 2013 Page 5 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 this resolution. ADOPTED this 23rd Day of April, 2013 Keith D. Curry Mayor ATTEST: Leilani I. Brown City Clerk Attachment: Tidelands Management Committee Sheet Resolution No. 2013 -35: Tidelands Management Committee April 23, 2013 Page 6 TIDELANDS MANAGEMENT COMMITTEE AUTHORIZATION: Established by Resolution No. 2013 -35 adopted on April 23, 2013. MEMBERSHIP: Three (3) members of the City Council, appointed by the Mayor and confirmed by the City Council. The Mayor shall appoint one (1) of the City Council Members as the chair of the Committee. With the exception of the initial appointment, appointments shall occur annually in January. City staff support shall come from the City Manager's Office, the Harbor Resources Division, the City Attorney's Office, and other departments as needed. TERM: Ongoing until rescinded by City Council action. MEETINGS: Meeting shall occur at a regular time and place as called by the Chair, with the goal of meeting at least quarterly. BROWN ACT: This Committee shall be subject to the Ralph M. Brown Act, or any successor regulation. PURPOSE & RESPONSIBILITIES: The Committee's purpose and responsibilities shall be as follows: A. Tidelands Capital Plan ( "TCP" ). Make recommendations to the full City Council as to the components, prioritization and implementation of the TCP. B. Large Tidelands Capital Needs. Make recommendations to the City Council as to large tidelands capital needs outside of the Harbor Commission's and Water Quality /Coastal Tidelands Committee's purview, such as in- harbor sea level rise - related projects. C. Convene a Citizens Advisory Panel ( "CAP ") of up to seven (7) members, one (1) of whom shall be a member of the Harbor Commission, to assist the Committee in accomplishing the Committee's purpose and responsibilities. Citizen Advisory Panel members shall serve up to two (2) two -year terms, staggered so that half of the CAP members serve for two (2) final years as new CAP members' terms begin. The CAP members are not members of this Committee and shall serve strictly in a non - voting advisory capacity at the pleasure of the Committee. D. Such other duties as may be assigned from time -to -time by the City Council.