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HomeMy WebLinkAbout04 - Proposed Harbor Commission@�,yypbRT CITY OF NEWPORT BEACH @ PLANNING DEPARTMENT 33o NEWPORT BOULEVARD y NEWPORT BEACH, CA 92658 (949) 649 -32o ,, FAX (949) 644 -3229 Hearing Date: Agenda Item No.: Staff Person: REPORT TO THE MAYOR AND CITY COUNCIL SUBJECT: Proposed Harbor Commission December 11, 2001 4 Patrick J. Alford (949) 644 -3235 SUMMARY: The establishment of a Harbor Commission intended to advise the City Council on matters pertaining to the use, control, operation, promotion and regulation of activities within and around Newport Harbor. ACTION: 1) Introduce Ordinance No. 2001 -____ establishing the Harbor Commission and pass to second reading on January 8, 2002; and 2) Adopt Resolution 2001 ------ directing the Harbor Committee to provide advice and orientation to the newly appointed Harbor Commission and extending the term of the Harbor Committee to 2003. Background On October 9, 2001, the City Council held a study session on the proposed Harbor Commission. Discussion at the study session focused on the membership and the powers and duties of the proposed Harbor Commission. The consensus of the City Council was that the membership should be drawn from a pool of candidates citywide. Furthermore, while Harbor expertise is desirable, the Harbor Commission should not be a purely technical body. The City Council also concluded that the Harbor Commission should have a limited role in the review of land use and property development applications. The City Council directed staff to forward their comments to the Harbor Committee and to bring the issue back for consideration at the earliest opportunity. On November 27, 2001, the Harbor Committee voted to revise their proposed rules of procedures, pursuant to the City Council's direction. Analysis The Need for a Harbor Commission At the October 9, 2001 study session, staff was directed to provide a discussion on why the current system should be changed by establishing a Harbor Commission. The primary need for a Harbor Commission is to provide a standing appointive body to address the numerous issues related to the use of the Harbor. Currently, the staff of the Harbor Resources Division makes most of the decisions relating to the Harbor. These decisions are made without any legislative oversight other than the ability to appeal to the City Council. The Harbor Commission is intended to establish a body of resident members that can provide ongoing direction to the Harbor Resources Division concerning the issuance of harbor permits and the administration of harbor regulations. The Harbor Commission's other primary role would be to advise the City Council on matters relating to the use of the harbor, and proposed harbor improvements. The Harbor Commission may also be asked by the City Council, Planning Commission or City Manager to review land use and development projects that may affect harbor activities. Membership The Harbor Commission would consist of seven (7) members appointed by the City Council. Each member shall serve a term of four (4) years and would be eligible for reappointment by the City Council. However, no appointments could exceed two (2) consecutive full terms (exclusive of appointments to fill unexpired terms). Terms will be on a staggered basis, pursuant to Section 702 of the City Charter. Per the City Council's direction, the Harbor Committee has removed any recommendations concerning the composition of the membership of the Harbor Commission. A Harbor Commission member would only have to be able to meet the qualifications for a registered voter (i.e., over 18 years of age, U.S. Citizen, resident, etc.) and not hold any paid office (Section 702 of the City Charter). Some members of the Harbor Committee were concerned that this could lead to political appointments. However, the consensus of the Harbor Committee was that the appointment procedure required by City Council Policy A -2 provides an adequate screening process. Responsibilities The Harbor Commission's primary role would be to advise the City Council on matters relating to the use of the harbor, proposed harbor improvements, and land use and development that may affect harbor activities. The Harbor Commission would also be asked to make recommendations to the City Council regarding the implementation of the Harbor and Bay Element of the General Plan. Per the City Council's direction, the Harbor Committee is recommending that the Harbor Commission have a limited role in the review of land use and property development applications. The Harbor Commission could only review those projects referred to the Harbor Commission by the Planning Commission, City Council, or City Manager. The Harbor Commission could also have the authority to approve, conditionally approve, or disapprove certain harbor permits, should the City Council assign this authority to the Harbor Commission through the provisions of Title 17 (Anchorage and Mooring Regulations) of the Newport Beach Municipal Code. Currently, the authority to approve harbor permits and harbor - related permits are assigned to either the City Manager or the Harbor Resources Director or, in some cases, the Revenue Manager or the City Council. The establishment of a Harbor Commission would not change these procedures. Such a change would require amendments to Title 17 of the Municipal Harbor Commission December 11, 2001 Page 2 Code through the code amendment process. The Harbor Commission would also serve as an appellate and reviewing body for decisions on harbor permits. The extent to which the Harbor Commission would review and make recommendations on land use and property development applications is not required by the Municipal Code and is therefore not defined. Such review would have to be conducted within the time limits established by State Law for the Planning Commission /City Council public hearing process. Staff would attempt to anticipate the need for Harbor Commission review early in the application process and seek referral authorization from the City Council, Planning Commission, or City Manager prior to public hearings. This has worked reasonably well in avoiding delays for projects that required input from the Economic Development Committee (EDC). Nevertheless, a review by the Harbor Commission has the potential to lengthen the public review process on some projects. Procedures The Harbor Committee has drafted a set of rules of procedures for the Harbor Commission. Under these rules of procedures, the Harbor Commission would follow a traditional structure, with the officers consisting of a chairman, vice chairman, and a secretary. The conduct of meetings would also follow standard parliamentary procedures. The Harbor Commission would set the dates, time, and location of meetings. Administrative Costs The Harbor Resources Division has provided staff services to the Harbor Committee since January 1999. Similar staff services would be provided to the Harbor Commission, so it provides a good estimate of the administrative costs. The Harbor Resources Director estimates that he spends an average of six (6) hours a month assisting the Harbor Committee. In addition, an administrative assistant spends approximately eight (8) hours a month providing clerical and other services to the Harbor Committee. The annual cost for these staff services is approximately $5800. Since the Harbor Commission meetings would be subject to the Brown Act, there would be a minor increase in administrative costs associated with the posting of agendas and other mandates. However, the City can be reimbursed for these costs by the State. Harbor Commission review of land use and development applications would result in additional use of Planning Department staff resources for the preparation of reports and attendance at meetings. Because the Harbor Commission would only review projects referred to them by the City Council, Planning Commission, or City Manager, staff estimates that there would be no more than five (5) such projects each year. Staff estimates that a project planner would spend an average of eight (8) hours on each project. This translates to annual cost of approximately $3435 for providing Planning Department services to the Harbor Commission. Extension of the Harbor Committee On June 12, 2001, the City Council extended the term of the Harbor Committee until such time as the City Council takes final action on the proposed Harbor Commission. Harbor Commission December 11, 2001 Page 3 This means that the term of the Harbor Committee will end once the vote is taken on the proposed Harbor Commission. Council Member Ridgeway requested that staff include a provision that would extend the term of the Harbor Committee for an additional year. The charge of the Harbor Committee would change from advising the City Council on harbor - related manners to providing technical assistance to the Harbor Commission. This is intended to retain the knowledge and experience of the Harbor Committee to help orient the new members of the Harbor Commission. Recommendation Staff recommends that the City Coun the Harbor Commission and pass to s attached resolution extending the term Submitted by: DAVID KIFF Assistant City Manager 1L Attachments: cil introduce the attached ordinance establishing econd reading on January 8, 2002 and adopt the of the Harbor Committee for one (1) year. Prepared by: PATRICKJ. ALFORD Senior nner Draft ordinance establishing the Harbor Commission. Draft resolution extending the term of the Harbor Committee. Harbor Commission December 11, 2001 Page 4 ORDINANCE NO. 2001-*** AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ESTABLISHING THE CITY OF NEWPORT BEACH HARBOR COMMISSION WHEREAS, Section 700 of the Charter ofthe City ofNewport Beach authorizes the City Council to create by ordinance advisory commissions as in its judgment are required, and may grant to them such powers and duties as are consistent with the provisions of the Charter of the City of Newport Beach; and and WHEREAS, Newport Harbor is one of the largest small craft harbors in the world; WHEREAS, the waters and shoreline of Newport Harbor support a wide variety of commercial, recreational, and residential uses and scenic and biological resources; and WHEREAS, the City Council of the City of Newport Beach desires to establish a commission to provide the City ofNewport Beach with an advisory body representing these diverse uses of Newport Harbor and its waterfront. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: The City Council of the City ofNewport Beach hereby establishes the Harbor Commission with the purpose, powers and duties described in Attachment A. SECTION 2: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper ofthe City, and the same shall become effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on December 11, 2001, and adopted on the 8th day of January, 2001, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK M, ATTACHMENT A HARBOR COMMISSION AUTHORIZATION: Established by Ordinance 2001- OFFICIAL TITLE: Harbor Commission of the City of Newport Beach, California. PURPOSE: Newport Harbor supports numerous recreational and commercial activities, waterfront residential communities and scenic and biological resources. The purpose of the Harbor Commission is to provide the City of Newport Beach with an advisory body representing these diverse uses of Newport Harbor and its waterfront. RESPONSIBILITES: 1. Advise the City Council in all matters pertaining to the use, control, operation, promotion and regulation of all vessels and watercraft within the Newport Harbor. 2. Approve, conditionally approve, or disapprove applications on all harbor permits where the City of Newport Beach Municipal Code assigns the authority for the decision to the Harbor Commission. 3. Serve as an appellate and reviewing body for decisions of the City Manager on harbor permits, leases, and other harbor - related administrative matters where the City of Newport Beach Municipal Code assigns such authority to the Harbor Commission. 4. Advise the City Council on proposed harbor- related improvements. 5. Advise the Planning Commission and City Council on land use and property development applications referred to the Harbor Commission by the City Council, Planning Commission, or the City Manager. 6. Make recommendations to the City Council for the adoption of regulations and programs necessary for the ongoing implementation of the goals, objectives, and policies of the Harbor and Bay Element of the General Plan. 1 MEMBERSHIP: Seven (7) members appointed by the City Council pursuant to Section 702 of the City Charter. In no event will individual appointments to the Harbor Commission exceed two (2) consecutive full terms, exclusive of appointments to fill unexpired terms. TERM: Each member shall serve a term of four (4) years and such terms shall be on a staggered basis, pursuant to Section 702 of the City Charter. STAFF: City Manager or designee. 2 (/ RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH EXTENDING THE TENURE OF THE AD HOC HARBOR COMMITTEE WHEREAS, the City Council appointed the Harbor Committee to advise the City Council on matters pertaining to the operations of Newport Harbor; and WHEREAS, the term of the Harbor Committee was scheduled to end after the City Council takes final action on the proposed establishment of a Harbor Commission; ITIT WHEREAS, on December 11, 2001, the City Council of the City of Newport Beach voted to form a Harbor Commission; and WHEREAS, the City Council deems it desirable to extend the tenure of the Harbor Committee to assist in the orientation of the new Harbor Commission and avail the commissioners of their knowledge and experience. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the Harbor Committee established by Resolution No. 99 -02 is extended to January 1, 2002. This resolution was adopted at a regular meeting of the City Council of the City of Newport Beach held on December 11, 2001, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ■1 ABSENT COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK 2 I �a£.pppRT CITY OF NEWPORT BEACH p d PLANNING DEPARTMENT . 33� NEWPORT BOULEVARD G .y NEWPORT BEACH, CA 92658 �cisoar�* (949) 644-32oot FAX (949) 644-3229 Hearing Date: Agenda Item No.: Staff Person: STUDY SESSION REPORT TO THE MAYOR AND CITY COUNCIL SUBJECT: Proposed Harbor Commission October 9,2001 Patrick J. Alford (949) 644 -3235 SUMMARY: Discussion on the formation of a Harbor Commission intended to advise the City Council on matters pertaining to the use, control, operation, promotion and regulation of activities within and around Newport Harbor. ACTION: Provide direction to the Ad Hoc Harbor Committee and staff on the proposed Harbor Commission and rules of procedure. Background On January 11, 1999, the City Council established the Ad Hoc Harbor Committee to make recommendations on any matter pertaining to the Harbor. On May 9, 2000, the City Council held a study session on a proposed Harbor Commission and a Harbor Element of the General Plan. On July 11, 2000, the City Council held a hearing on the formation of a Harbor Commission. The City Council voted to defer action on the formation of the Harbor Commission until consideration and adoption of the Harbor Element is complete. On June 12, 2001, the City Council adopted the Harbor and Bay Element and extended the term of the Ad Hoc Harbor Committee until such time as the City Council takes final action on the proposed establishment of a Harbor Commission or one (1) year, whichever occurs first. On September 18, 2001, the Ad Hoc Harbor Committee voted to reiterate their support for the formation of a Harbor Commission. Analysis The Ad Hoc Harbor Committee has prepared a set of rules of procedures to be effective upon the establishment of the Harbor Commission. The proposed rules of procedures for the Harbor Commission are modeled after that of the Planning Commission. The rules of procedures establish the membership and term of the commissioners, powers and duties, officers, and procedures for the conduct of meetings. Should the City Council. act to establish the Harbor Commission, the proposed rules of procedures should be adopted in two parts. Membership, terms, powers and duties should be adopted by a resolution of the City Council and the Harbor Commission should adopt the remaining parliamentary procedures. This would allow the City Council to maintain composition and duties of the Harbor Commission, while allowing the Commission to control the conduct of their meetings. Membership The proposed Harbor Commission would consist of seven (7) members appointed by the City Council. Each member shall serve a term of four (4) years and would be eligible for reappointment by the City Council. However, no appointments could exceed two (2) consecutive full terms (exclusive of appointments to fill unexpired terms). The recommended composition of the Harbor Commission would be as follows: ■ At least two (2) members who reside on or near the harbor. • At least one (1) member involved in a water - dependent' commercial activity in or on the harbor. • At least one (1) member involved in a water - related /water- enhancedz commercial activity in or near the harbor. • At least two (2) members with expertise and experience in recreational boating, including boating experience in Newport Harbor. • At least one (1) member with education and /or experience in Oceanography, Marine Science, Marine Engineering or a related field. It would be desirable for individual members to be qualified in more than one of the above categories. This membership balance is considered optimal, but is not required. The Ad Hoc Harbor Committee is exploring the possibility of a technical advisory committee that would assist the Harbor Commission. This is intended to retain some of the knowledge and experience of the 13- member Ad Hoc Harbor Committee while avoiding attendance problems associated with a large commission. Powers and Duties The Harbor Commission's primary role would be to advise the City Council on matters relating to the use of the harbor, proposed harbor improvements, and land use and development that may affect harbor activities. The Harbor Commission would also be asked to make recommendations to the City Council regarding the implementation of the Harbor and Bay Element of the General Plan. t Water Dependent Use. Those uses that are tied to and require water, including fishing and other vessel rental and charter, water transportation, water public safety and enforcement, marinas, boatyards, yacht/sailing /boating /fishing clubs, watersports instructional and educational facilities,, public and guest docking facilities and landside support uses, dredging, marine construction and harbor service and maintenance uses and related equipment (Harbor & Bay Element). 2 Water- Enhanced Use Those waterfront or waterfront - adjacent land uses and activities, including restaurants and residential uses that derive economic, aesthetic and other amenity benefits from proximity to and views of water and water -based activities, but which do not need direct access and proximity to the water in order to accomplish their basic functional and economic operation. Water Related Use Those uses that relate to but do not require water, including nautical museums, bait and tackle shops, boat charter, rental, sales, storage, construction and /or repair, marine - related retail sales, and marine - related industry (Harbor & Bay Element). Harbor Commission October 9, 2001 101— Page 2 The extent to which the Harbor Commission would review and make recommendations on land use and property development applications is not required by the Municipal Code and is therefore not defined. Such review would have to be conducted within the time limits established by State Law for the Planning Commission /City Council public hearing process. Nevertheless, a review by the Harbor Commission has the potential to lengthen the public review process on some projects. The City Council may wish to consider limiting review to only those projects referred to the Harbor Commission by the Planning Commission, City Council, or City Manager, or by establishing criteria for projects subject to Harbor Commission review. The Harbor Commission could also have the authority to approve, conditionally approve, or disapprove certain harbor permits, should the City Council assign this authority to the Harbor Commission through the provisions of Title 17 (Anchorage and Mooring Regulations) of the Newport Beach Municipal Code. The Harbor Commission would also serve as an appellant and reviewing body for decisions on harbor permits. Currently, authority to approve harbor permits and harbor - related permits are assigned to either the City Manager, the Harbor Resources Director or, in some cases, the Revenue Manager or the City Council (see table below). The establishment of a Harbor Commission would not change these procedures. Such a change would require amendments to Title 17 of the Municipal Code through the code amendment process. Permit Authority Marine charter permit Revenue Manager Place, erect, construct or maintain moorings or buoys City Manager Live aboard permit Harbor Resources Director Build, maintain, extend or make structural alterations City Manager Pumpout facilities Harbor Resources Director Pier fees Harbor Resources Director Live bait receiver City Council Houseboat marina permit City Council Commercial activities Harbor Resources Director Title 17 needs to be updated to reflect the new Harbor Resources Division. This presents an opportunity to define what role, if any, a Harbor Commission would serve in the administration of harbor permits, should this commission be established by the City Council. Procedures The Harbor Commission would follow a traditional structure, with the officers consisting of a chairman, vice chairman, and a secretary. The conduct of meetings would also follow standard parliamentary procedures. The Harbor Commission would establish the dates, time, and location of meetings. Submitted by: PATRICIA L. TEMPLE Planning Director Prepared by: PATRICK J. ALFORD Senior Planner Attachment: Proposed Rules of Procedure of the Harbor Commission. Harbor Commission October 9, 2001 Page 3 ' RULES OF PROCEDURE OF THE HARBOR COMMISSION CITY OF NEWPORT BEACH, CALIFORNIA I. TITLE The official title of this Commission shall be "Harbor Commission of the City of Newport Beach, California." II. MEMBERSHIP AND TERM The Harbor Commission shall consist of seven (7) members appointed by the City Council. In making appointments to the Harbor Commission, it shall be an objective to provide qualifications among the members representative of the major areas of interest in the harbor. The following balance of qualifications is considered optimal: ■ At least two (2) members who reside on or near the harbor. ■ At least one (1) member involved in a water - dependent commercial activity in or on the harbor. • At least one (1) member involved in a water - related/water- enhanced commercial activity in or near the harbor. ■ At least two (2) members with expertise and experience in recreational boating, including boating experience in Newport Harbor. ■ At least one (1) member with education and/or experience in Oceanography, Marine Science, Marine Engineering or a related field. It shall be considered desirable for individual members to be qualified in more than one of the above categories. Each member shall serve a term of four (4) years, such terms to be on a staggered basis. Pursuant to the City Council Policy A -2, Harbor Commission appointments can be extended beyond one term when in the judgment of the Council, a reappointment would recognize and extend an unusual contribution by the incumbent. In no event will individual appointments to the Harbor Commission exceed two (2) consecutive full terms, exclusive of appointments to fill unexpired terms. A minimum of two months prior to the expiration of the Harbor Commission member's terms of office, the Harbor Commission shall submit to the City Council an assessment of the areas of expertise and experience most needed for new appointees to the Harbor Commission to maintain balanced representation in accordance with the qualification guidelines provided above. In the event that a Harbor Commission member leaves office prior to the expiration of the member's term, the remaining members of the Harbor Commission shall submit an assessment, as described above, to assist the City Council in appointing a new member. Such assessment shall be submitted within two months after creation of the vacancy. III. POWERS AND DUTIES The Harbor Commission shall have the power and be required to: 1. Advise the City Council in all matters pertaining to the use, control, operation, promotion and regulation of all vessels and watercraft within the Newport Harbor. 2. Approve, conditionally approve, or disapprove applications on all harbor permits where the authority for the decision is assigned to the Harbor Commission by the City of Newport Beach Municipal Code. 3. Serve as an appellant and reviewing body for decisions of the Deputy City Manager on harbor permits, leases, and other harbor - related administrative matters. 4. Advise the City Council on proposed harbor- related public improvements. 5. Advise the Planning Commission and City Council on land use and property development applications that may affect harbor activities. 6. Make recommendations to the City Council for the adoption of regulations and programs necessary for the ongoing implementation of the goals, objectives, and policies of the Harbor Element of the General Plan. IV. OFFICERS A. The offices of the Harbor Commission shall be: I. Chairman, whose duties shall be to preside at all meetings, and to call all special meetings, appoint committees, and perform all other proper duties of a presiding officer. 2. Vice Chairman, who in the absence of the Chairman, or his inability to act, shall preside at all meetings and perform all other duties of the Chairman. 3. Secretary, who in the absence of the Chairman and Vice Chairman, or their inability to act, shall preside at all meetings and perform all other 2 15 duties of the Chairman. The Secretary shall also keep a written record of all business transacted by the Harbor Commission, prepare the agenda of regular and special meetings, arrange proper and legal notice of hearings, attend to correspondence of the Harbor Commission, and such other duties as are normally carried out by a Secretary. In his absence, the Secretary may delegate his duties to the Deputy City Manager, and the Deputy City Manager shall be known as the Ex- Officio Secretary of the Harbor Commission. B. The Chairman, Vice Chairman, and Secretary shall be elected at the annual meeting of the Harbor Commission or an adjournment of that meeting, and shall hold office for a period of one (1) year or until their successors are elected. In the event an office becomes vacant, a successor shall be elected to fill the remainder of the unexpired term. V. ADVISORS The Chairman may, with the consent of the Harbor Commission, request the attendance at Harbor Commission meetings of any officer or employee of the City to assist the Harbor Commission in its deliberations in an advisory capacity. City staff members are advisors to the Harbor Commission and do not have a vote. The Harbor Commission may also request that the City Council retain outside consultants to provide additional advisory assistance. VI. LOCATION OF MEETINGS The Harbor Commission shall hold all of its meetings, whether the same shall be a regular or special meeting or study session, in the [LOCATION], or in any such other place after notice duly given, within the corporate limits of the City. VII. TIME OF MEETINGS A. The annual meeting of the Harbor Commission shall be the [FIRST/LAST] regular meeting in [MONTH] of each year. B. Regular meetings of the Harbor Commission shall be held on the [DAY OF THE WEEK] [QUALIFIER (e.g., preceding the second and fourth Mondays)] of each month. These meetings shall commence at the hour of [TIME] except that the Chairman may call for said meetings to commence at an earlier hour when it is determined that the Harbor Commission's workload warrants such earlier starting time. Proper notice of such meeting shall be given according to the requirements of applicable law. C. In addition to regular meetings, the Harbor Commission may convene a study session to hear reports from the staff and review, discuss and debate general 3 I� harbor- related matters at a time and date determined by the Harbor Commission chairman. No official action will be taken at a study session. D. No agenda item shall be introduced after the hour of [TIME]. Furthermore, any item introduced and being discussed by [TIME] and not concluded by [TIME] shall be continued by the Harbor Commission to another date. The intent and purpose of this policy is to facilitate maximum public participation and to encourage a reasonable hour in which the Harbor Commission business is discussed and to protect against fatigue in discussing and deciding important City issues. The above time periods may be extended by motion approved by majority vote of the Commissioners present. E. Any meeting may be adjourned from time to time by the majority vote of the members present. F. Special meetings may be held as deemed necessary at the request of the majority of the members of the Harbor Commission or by call of the Chairman, Vice Chairman, or Secretary; notice of such special meetings shall be posted and served upon all members at least twenty -four (24) hours before the special meeting, and to each local newspaper of general circulation, radio, and television station requesting notice in writing. The notice shall specify the time, place, and matters to be considered at the special meeting, and only the matters specified may be considered. VIII. AGENDAS A. An agenda containing a brief description of each item of business to be transacted or discussed shall be posted at a location freely accessible to the public at least seventy -two (72) hours before each regular meeting. Study session agendas shall be distributed to the public on the same basis as regular agendas. B. All regular, adjourned, special meeting or study session of the Harbor Commission shall be open to the public. Every agenda shall provide an opportunity for members of the public to speak on any off - agenda item of interest to the public. C. No action may be taken on an off - agenda item unless (a) a majority of those Commissioners present determine that an emergency situation exists; or (b) two - thirds of the Commissioners, or all of the Commissioners if less than two - thirds are present, determine there is a need to take immediate action and that the need for action came to the attention of the City subsequent to the posting of the agenda; or (c) the item was included in a properly posted agenda for a prior meeting occurring not more than five (5) days prior to the meeting at which the action is taken and the matter was continued to the meeting at which action is taken. It is inevitable that subjects will arise, either during the course of a consideration of agenda items or during public comment, on which no action can be taken because the circumstances outlined in (a) through (c) above do not exist. In such event, the Chairman shall have the power to refer the matter to staff, or to place the item on the agenda of a future meeting, or both. IX. VOTING PROCEDURE A. At any meeting of the Harbor Commission a majority of said Harbor Commission shall constitute a quorum for the transaction of business. Every Commissioner should vote unless disqualified by reason of a conflict of interest. A Commissioner who abstains from voting is counted as being present and in effect consents that a majority of those present and voting shall decide the question voted upon. B. Any vote of the Harbor Commission, including a roll call vote, may be registered by the members by answering "YES" for an affirmative vote, or "NO" for a negative vote upon the member's name being called by the Recording secretary, or by pressing a switch to cause a green light to show for an affirmative vote, or a red -light to show for a negative vote upon a vote being called for by the Chairman. The result of any vote registered by means of a lighting system shall be audible announced by the Recording Secretary and recorded in the minutes as the vote. If a member is present and does not cast a vote as described above, that member shall be considered as abstaining. C. Any Commissioner who is disqualified from voting on a particular matter by reason of a conflict of interest shall publicly state or have the Chairman state the nature of such disqualification in open meeting. Where no clearly disqualifying conflict of interest appears, the matter of disqualification may, at the request of the Commissioner affected, be decided by the other members of the Harbor Commission. A Commissioner who is disqualified by reason of a conflict of interest in any matter shall not remain in his seat during the debate and vote on such matter, but shall request and be given the permission of the Chairman to step down from the Harbor Commission table. A Commissioner stating such disqualification shall not be counted as a part of the quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter. D. Tie votes shall be lost motions and may be reconsidered. E. A motion to reconsider any action taken by the Harbor Commission (other than a tie vote) must be made at the same meeting. The action was taken and may only be made by one of the Harbor Commission members who voted with the prevailing side. 1� X. ORDER OF BUSINESS A. The order of business for regular, adjourned, or special meetings shall be: 1. Call to order by the Chairman. 2. Approval of minutes of preceding meeting. 3. Public comment. 4. Report from Staff confirming the posting of the agenda. 5. Consideration of matters on the agenda. 6. Matters which a member may wish to place on a future agenda. 7. Any other business which may properly come before the Harbor Commission. 8. Adjournment. XI. CONDUCT OF MEETINGS A. All meeting shall be conducted under the order of parliamentary procedure as specified in the last revised edition of Robert's Rules of Order to the extent that such rules are not in conflict with these Rules of Procedure. B. All Commissioners shall address all questions and comments through the Chairman. C. All persons attending meetings of the Harbor Commission will be asked to identify themselves, and address Commissioners or other persons present through the Chairman. D. Exhibits: All maps, letters and documents considered by the Harbor Commission at any hearing shall become a part of the records of the Harbor Commission. E. Motions — Second Required: A vote shall only be taken on a motion made by a Harbor Commission member and seconded by a different member. The presiding officer may make or second motions. F. Substitute Motions: A substitute motion may be made by any member of the Harbor Commission after a motion is on the floor. The substitute motion will suggest a different course of action or the opposite action of the main motion. No more than two (2) substitute motions can be placed on the table for consideration 6 XII. at the same time. If the substitute motion fails, the main motion remains on the floor. If the substitute motion passes, it will cancel out the main motion. Prior to voting on the substitute motion, any member of the Harbor Commission may ask to have the substitute motion treated as an amendment, in which case the substitute motion is treated as an amendment. G. If an applicant submits additional written or printed material for the Harbor Commission's consideration less than seven (7) working days prior to the date of the hearing on the matter, the Harbor Commission may continue the mater and the applicant shall be deemed to have consented to such a continuance. The chairman may appoint such committees as may be deemed necessary to carry out the function of the Harbor Commission. Members shall serve at the pleasure of the Chairman. XIII. CORRESPONDENCE AND COMMUNICATIONS It shall be the duty of the Ex- Officio Secretary to draft and sign all correspondence necessary for the execution of the duties and functions of the Harbor Commission as hereinbefore stated in the Rules of Procedure of the Newport Beach Harbor Commission. XIV. ATTENDANCE A. Regular attendance at meetings of the Harbor Commission is required of all members to enable the Harbor Commission to discharge the duties imposed upon it by law. B. A Commissioner absent from three (3) consecutive regular meetings without securing the consent of the Harbor Commission entered upon the minutes, shall be deemed to have resigned. C. The Secretary shall notify the City Council of such resignation and request, in the name of the Harbor Commission, appointment of a new member to fill the unexpired term of the member resigning. XV. POLICY All matters of policy not covered by law may be adopted as a "Resolution of Policy" and when so adopted shall be considered as the official policy of the Harbor Commission. 7 �,a XVI. AMENDMENT OF RULES A. These rules may be amended or added to by four (4) affirmative votes of the Harbor Commission at a regular meeting. B. No amendment of or addition to these rules shall be made unless notice in writing of the proposed amendment or addition shall be filed with the Ex -Officio Secretary at the next regular meeting preceding the meeting at which the motion to change is made. RULES OF PROCEDURE OF THE HARBOR COMMISSION CITY OF NEWPORT BEACH, CALIFORNIA I. TITLE The official title of this Commission shall be "Harbor Commission of the City of Newport Beach, California." II. PURPOSE Newport Harbor supports numerous recreational and commercial activities, waterfront residential communities and scenic and biological resources. The purpose of the Harbor Commission is to provide the City of Newport Beach with an advisory body representing these diverse uses of Newport Harbor and its waterfront. III. MEMBERSHIP AND TERM The Harbor Commission shall consist of seven (7) members. Pursuant to Section 702 of the City Charter, members shall be appointed and approved by the City Council from the qualified electors of the City. Each member shall serve a term of four (4) years and such terms shall be on a staggered basis, pursuant to Section 702 of the City Charter. Pursuant to the City Council Policy A- 2, Harbor Commission appointments can be extended beyond one term when in the judgment of the Council, a reappointment would recognize and extend an unusual contribution by the incumbent. In no event will individual appointments to the Harbor Commission exceed two (2) consecutive full terms, exclusive of appointments to fill unexpired terms. A minimum of two months prior to the expiration of the Harbor Commission member's terms of office, the Harbor Commission shall submit to the City Council an assessment of the areas of expertise and experience most needed for new appointees to the Harbor Commission to maintain balanced representation in accordance with the qualification guidelines provided above. In the event that a Harbor Commission member leaves office prior to the expiration of the member's term, the remaining members of the Harbor Commission shall submit an assessment, as described above, to assist the City Council in appointing a new member. Such assessment shall be submitted within two months after creation of the vacancy. 1 IV. OFFICERS A. The offices of the Harbor Commission shall be: 1. Chairman, whose duties shall be to preside at all meetings, and to call all special meetings, appoint committees, and perform all other proper duties of a presiding officer. 2. Vice Chairman, who in the absence of the Chairman, or his inability to act, shall preside at all meetings and perform all other duties of the Chairman. 3. Secretary, who in the absence of the Chairman and Vice Chairman, or their inability to act, shall preside at all meetings and perform all other duties of the Chairman. The Secretary shall also keep a written record of all business transacted by the Harbor Commission, prepare the agenda of regular and special meetings, arrange proper and legal notice of hearings, attend to correspondence of the Harbor Commission, and such other duties as are normally carried out by a Secretary. In his absence, the Secretary may delegate his duties to the Deputy Assistant City Manager, or his desi nee, and the Deputy &ssistant City Manager shall be known as the Ex ffi6ioex officio Secretary of the Harbor Commission. B. The Chairman, Vice Chairman, and Secretary shall be elected at the annual meeting of the Harbor Commission or an adjournment of that meeting, and shall hold office for a period of one (1) year or until their successors are elected. In the event an office becomes vacant, a successor shall be elected to fill the remainder of the unexpired term. V. ADVISORS The Chairman may, with the consent of the Harbor Commission, request the attendance at Harbor Commission meetings of any officer or employee of the City to assist the Harbor Commission in its deliberations in an advisory capacity. City staff members are advisors to the Harbor Commission and do not have a vote. The Harbor Commission may also request that the City Council pending upon resource availability, retain outside consultants to provide additional advisory assistance. VI. LOCATION OF MEETINGS The Harbor Commission shall hold all of its meetings, whether the same shall be a regular or special meeting or study session, in the [LOCATION], or in any such other place after notice duly given, within the corporate limits of the City. 2 A3 VII. TIME OF MEETINGS A. The annual meeting of the Harbor Commission shall be the [FIRST/LAST] regular meeting in [MONTH] of each year. B. Regular meetings of the Harbor Commission shall be held on the [DAY OF THE WEEK] [QUALIFIER (e.g., preceding the second and fourth Mondays)] of each month. These meetings shall commence at the hour of [TIME] except that the Chairman may call for said meetings to commence at an earlier hour when it is determined that the Harbor Commission's workload warrants such earlier starting time. Proper notice of such meeting shall be given according to the requirements of applicable law. C. In addition to regular meetings, the Harbor Commission may convene a study session to hear reports from the staff and review, discuss and debate general harbor- related matters at a time and date determined by the Harbor Commission chairman. No official action will be taken at a study session. D. No agenda item shall be introduced after the hour of [TIME]. Furthermore, any item introduced and being discussed by [TIME] and not concluded by [TIME] shall be continued by the Harbor Commission to another date. The intent and purpose of this policy is to facilitate maximum. public participation and to encourage a reasonable hour in which the Harbor Commission business is discussed and to protect against fatigue in discussing and deciding important City issues. The above time periods may be extended by motion approved by majority vote of the Commissioners present. E. Any meeting may be adjourned from time to time by the majority vote of the members present. F. Special meetings may be held as deemed necessary at the request of the majority of the members of the Harbor Commission or by call of the Chairman, Vice Chairman, or Secretary; notice of such special meetings shall be posted and served upon all members at least twenty-four (24) hours before the special meeting, and to each local newspaper of general circulation, radio, and television station requesting notice in writing. The notice shall specify the time, place, and matters to be considered at the special meeting, and only the matters specified may be considered. VIII. AGENDAS A. An agenda containing a brief description of each item of business to be transacted or discussed shall be posted at a location freely accessible to the public at least seventy-two (72) hours before each regular meeting. Study session agendas shall be distributed to the public on the same basis as regular agendas. 3 a� B. All regular, adjourned, special meeting or study session of the Harbor Commission shall be open to the public. Every agenda shall provide an opportunity for members of the public to speak on any off - agenda item of interest to the public. C. No action may be taken on an off - agenda item unless (a) a majority of those Commissioners present determine that an emergency situation exists; or (b) two - thirds of the Commissioners, or all of the Commissioners if less than two- thirds are present, determine there is a need to take immediate action and that the need for action came to the attention of the City subsequent to the posting of the agenda; or (c) the item was included in a properly posted agenda for a prior meeting occurring not more than five (5) days prior to the meeting at which the action is taken and the matter was continued to the meeting at which action is taken. It is inevitable that subjects will arise, either during the course of consideration of agenda items or during public comment, on which no action can be taken because the circumstances outlined in (a) through (c) above do not exist. In such event, the Chairman shall have the power to refer the matter to staff, or to place the item on the agenda of a future meeting, or both. IX. VOTING PROCEDURE A. At any meeting of the Harbor Commission a majority of said Harbor Commission shall constitute a quorum for the transaction of business. Every Commissioner should vote unless disqualified by reason of a conflict of interest. A Commissioner who abstains from voting is counted as being present and in effect consents that a majority of those present and voting shall decide the question voted upon. B. Any vote of the Harbor Commission, including a roll call vote, may be registered by the members by answering "YES" for an affirmative vote, or "NO" for a negative vote upon the member's name being called by the Recording secretary, or by pressing a switch to cause a green light to show for an affirmative vote, or a red -light to show for a negative vote upon a vote being called for by the Chairman. The result of any vote registered by means of a lighting system shall be audible announced by the Recording Secretary and recorded in the minutes as the vote. If a member is present and does not cast a vote as described above, that member shall be considered as abstaining. C. Any Commissioner who is disqualified from voting on a particular matter by reason of a conflict of interest shall publicly state or have the Chairman state the nature of such disqualification in open meeting. Where no clearly disqualifying conflict of interest appears, the matter of disqualification may, at the request of the Commissioner affected, be decided by the other members of the Harbor Commission. A Commissioner who is disqualified by reason of a conflict of 4 a interest in any matter shall not remain in his seat during the debate and vote on such matter, but shall request and be given the permission of the Chairman to step down from the Harbor Commission table. A Commissioner stating such disqualification shall not be counted as a part of the quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter. D. Tie votes shall be lost motions and may be reconsidered. E. A motion to reconsider any action taken by the Harbor Commission (other than a tie vote) must be made at the same meeting. The action was taken and may only be made by one of the Harbor Commission members who voted with the prevailing side. X. ORDER OF BUSINESS A. The order of business for regular, adjourned, or special meetings shall be: 1. Call to order by the Chairman. 2. Approval of minutes of preceding meeting. 3. Public comment. 4. Report from Staff confirming the posting of the agenda. 5. Consideration of matters on the agenda. 6. Matters which a member may wish to place on a future agenda. 7. Any other business which may properly come before the Harbor Commission. 8. Adjournment. XI. CONDUCT OF MEETINGS A. All meeting shall be conducted under the order of parliamentary procedure as specified in the last revised edition of Robert's Rules of Order to the extent that such rules are not in conflict with these Rules of Procedure. B. All Commissioners shall address all questions and comments through the Chairman. 5 / a XII. C. All persons attending meetings of the Harbor Commission will be asked to identify themselves, and address Commissioners or other persons present through the Chairman. D. Exhibits: All maps, letters and documents considered by the Harbor Commission at any hearing shall become a part of the records of the Harbor Commission. E. Motions — Second Required: A vote shall only be taken on a motion made by a Harbor Commission member and seconded by a different member. The presiding officer may make or second motions. F. Substitute Motions: A substitute motion may be made by any member of the Harbor Commission after a motion is on the floor. The substitute motion will suggest a different course of action or the opposite action of the main motion. No more than two (2) substitute motions can be placed on the table for consideration at the same time. If the substitute motion fails, the main motion remains on the floor. If the substitute motion passes, it will cancel out the main motion. Prior to voting on the substitute motion, any member of the Harbor Commission may ask to have the substitute motion treated as an amendment, in which case the substitute motion is treated as an amendment. G. If an applicant submits additional written or printed material for the Harbor Commission's consideration less than seven (7) working days prior to the date of the hearing on the matter, the Harbor Commission may continue the mater and the applicant shall be deemed to have consented to such a continuance. The Chairman may appoint such committees as may be deemed necessary to carry out the function of the Harbor Commission. Members shall serve at the pleasure of the Chairman. XIII. CORRESPONDENCE AND COMMUNICATIONS It shall be the duty of the ex o icioPm Of9eie Secretary or his designee to draft and sign all correspondence necessary for the execution of the duties and functions of the Harbor Commission as hereinbefore stated in the Rules of Procedure of the Newport Beach Harbor Commission. XIV. ATTENDANCE A. Regular attendance at meetings of the Harbor Commission is required of all members to enable the Harbor Commission to discharge the duties imposed upon it by law. B. A Commissioner absent from three (3) consecutive regular meetings without securing the consent of the Harbor Commission entered upon the minutes, shall be deemed to have resigned. C. The Secretary shall notify the City Council of such resignation and request, in the name of the Harbor Commission, appointment of a new member to fill the unexpired term of the member resigning. XV. POLICY All matters of policy not covered by law may be adopted as a "Resolution of Policy" and when so adopted shall be considered as the official policy of the Harbor Commission. XVI. AMENDMENT OF RULES A. These rules may be amended or added to by four (4) affirmative votes of the Harbor Commission at a regular meeting. B. No amendment of or addition to these rules shall be made unless notice in writing of the proposed amendment or addition shall be filed with the €x Of,�aeex officio Secretary at the next regular meeting preceding the meeting at which the motion to change is made. a�