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S15 - Committees and Commissions for 2011 Goals
�EWPORr CITY OF NEWPORT REACH 4 �q�,FOaN' City Council Staff Report Agenda Item No. S15 March 8, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Dave Kiff, City Manager 949 - 644 -3000, dkiff @newportbeachca.gov PREPARED BY: Dave Kiff APPROVED: TITLE: Resolution 2011 -_ Relating to Committees and Commissions and their link to the Council's 2011 Goals; Committee Terms; Appointments to Committees and Designees to JWA Settlement Goal Discussions. ABSTRACT: On February 22, 2011, the Council adopted a resolution affirming five goals for 2011. This agenda item starts to implement those goals by forming two new committees and ending or changing the term of several committees. In the context of this discussion, it may also be appropriate to continue the dialogue on the roles and responsibilities of other existing boards, committees, and commissions. RECOMMENDATION: 1. Adopt Resolution 2011 - creating the Committees on Neighborhood Revitalization and Tidelands Management and ending or changing the term of specific committees; 2. Affirm the Mayor's appointment of Council Members and (chair designee) to the Neighborhood Revitalization Committee and Council Members and (chair designee) to the Tidelands Management Committee; 3. Designate that Council Members Curry, Daigle, and Hill shall be the Council's appointments to the Aviation Committee and shall be the Council's designees to work with City staff on Goal #1 — John Wayne Airport settlement discussions; and Resolution 2011 -_ Relating to Committees and Commissions and their link to the Council's 2011 Goals; Committee Terms; Appointments to Committees and Designees to JWA Settlement Goal Discussions. March 08,2011 Page 2 4. Offer any further guidance to staff regarding the disposition of other committees, the Arts Commission, and the Harbor Commission. FUNDING REQUIREMENTS: We will return to the City Council with any necessary budget amendments to accomplish specific workplans related to the new committees. DISCUSSION: As noted in the staff report for February 22, 2011, the 2011 Council Goals encourage a greater discussion about the City Council's boards, committees, and commissions including how committee members' time and expertise can be best utilized in support of the 2011 Goals. At the February 22, 2011 Council meeting, staff proposed ending the following Council Ad Hoc Committees, and the Council generally seemed to agree with the approach suggested by staff: An HOC COMMITTEES Name of Committee Possible Duplication of Role Proposed Disposition Ad Hoc Committee on Bay Duplicative of the Tidelands Sunset. Issues Management Committee Sunset. Ad Hoc Committee on the Re- Duplicative of the role of the N /A. Sunsetted Feb 28, 2011. Use of the City Hall Site Revitalization Committee Ad Hoc Committee on Duplicative of the Tidelands Will sunset March 31, 2011. Updating Harbor Charges Management Committee None, but design advice Ad Hoc Committee on Marina completed. Council and staff will Sunset. Park Design keep Interested Parties updated on MP progress. Other Committees have roles or responsibilities where tasks are complete, or the Committee's functions are less necessary today than they were when the Committee was formed, such as: OTHFR COMMITTFFS Name of Committee Current Need? Proposed Disposition Media and Communication Committee Minimal. Most duties and goals accomplished. Sunset. Borders Committees 2 None at this time. Sunset. n Resolution 2011 -_ Relating to Committees and Commissions and their link to the Council's 2011 Goals; Committee Terms; Appointments to Committees and Designees to JWA Settlement Goal Discussions. March 08, 2011 Page 3 Also on February 22, 2011, Council discussed briefly how a few other committees function — generally the Harbor Commission, the Economic Development Committee (EDC) and the Environmental Quality Affairs Committee (EQAC). I have a recommendation for these bodies' disposition, but I would like additional Council discussion before moving forward. These committees meet monthly (subcommittees can meet more often) and have contributed thousands of volunteer hours to the community since their inception. Their membership and current roles and responsibilities are attached. We staff them with current City staff members who have other duties. I very much appreciate the commitment and spirit with which Committee members approach their volunteerism — but I can get concerned that: • Some meetings are less than useful for Committee members; • Some Committee efforts may not have the full support of the City Council; and • Staff is typically reluctant to say "no" to a group of well- meaning residents and business owners when a project or program the committee is interested in pursuing is either not consistent with Council's direction and /or involves resources not budgeted. I asked the persons who staff these committees to give Council an idea of what the Committees have been working on in recent months. Here is a summary: EDC. EDC is working or has worked on the below issues: A Business License Subcommittee to EDC: 1. Has asked the Administrative Services Department staff to prepare a City Council report detailing proposed changes to temporary/event businesses license fees (not including Farmer's Markets). 2. Was directed to "Conduct broader discussions of how the City's tax code encourages or discourages businesses to locate or remain in Newport Beach." The subcommittee appears to be working on this issue without staff assistance. 2. The Water Taxi Subcommittee to EDC expired, but Committee member(s) regularly ask that city staff send out a Water Taxi RFP. In January 2011, EDC "tabled" the Water Taxi RFP. Staff continues to think that if a water taxi were viable without a subsidy, it would exist today. 3. Listening to /commenting on reviews and reports: 1. In February 2011, EDC would have formed a subcommittee to conduct the bi- annual review and update of the Strategic Plan for Economic and Fiscal Sustainability. 2. In March 2011, EDC would have received the Restaurant BID wrap up report on Restaurant Week 2011. 3 Resolution 2011 -_ Relating to Committees and Commissions and their link to the Council's 2011 Goals; Committee Terms; Appointments to Committees and Designees to JWA Settlement Goal Discussions. March 08, 2011 Page 4 3. In July 2011, EDC would have received the Newport Beach Film Festivals wrap up report on its event. 4. The EDC was following the Lido Village /City Hall planning process. 5. Annually the EDC geographical representatives would give a presentation on the economic health /vitality of their areas. 6. EDC received a presentation on Shop Local programs and discussed that option but decided that such a program needed to originate with the businesses if at all. 7. EDC vetted and supported staffs desire to host OPIS Network. 4. Other Activities: 1. Contacts made at the EDC lead to Hoag and the Restaurant BID working together on "Heart Healthy" options for Restaurant Week and for "Heart Month." 2. EDC advocated for the City Wayfinding program (on today's Council agenda). 3. EDC put together the criteria for the Special Events Advisory committee as requested by City Council. EQAC. After the Council hears and acts on the proposed restrictions on leaf blowers, EQAC has only one project — a smoking ban - that has yet to be completed (although their role is complete here, too, unless the Council redirects this back to them). EQAC recommended a smoking ban in parks and outdoor seating of restaurants. That recommendation went to the City Council at a Study Session back on March 9, 2010. The Council provided input and requested more information and it was sent back to EQAC. EQAC reviewed it further and in September, they voted 10 -4 in favor of the following two policy statements. "The City Council should consider a ban on smoking that would encompass all municipal parks." "The City Council should consider a ban on smoking in any area designated as open space or nature preserves where public access is provided whether by trails, sidewalks, bike paths, driveways or roadways. Smoking would be banned on the access way and parking areas in addition to open space areas. Examples include upper Buck Gully, the mouth of Big Canyon and the Upper Newport Bay Nature Preserve and Ecological Reserve." Note: I have asked that PB &R review this proposed ban before bringing it to the City Council. In the near future, EQAC members: • Would likely review the Banning Ranch Draft Environmental Impact Report (DEIR). I'd note that staff (including the City Attorney) has been concerned about EQAC's formal review of DEIRs. Initially, EQAC was directed to only review Notices of Preparation (NOPs) — an NOP is an opportunity for individuals and groups to suggest specific areas and issues that a DEIR Resolution 2011 -_ Relating to Committees and Commissions and their link to the Council's 2011 Goals; Committee Terms; Appointments to Committees and Designees to JWA Settlement Goal Discussions. March 08, 2011 Page 5 should cover. Later, EQAC's mission was changed to have it review City- issued DEIRs too. It is not common for municipalities to have a City committee commenting officially on a City - prepared DER — doing so creates an adversarial relationship and can compromise the City's legal position. Further, staff is concerned that EQAC's membership may have lost some CEQA expertise — as a result, staff asserts that EQAC's review of CEQA documents can focus more on advocacy for or against a project than true CEQA "comment and response" processes; • Proposed discussing composting; and • Proposed discussing a potential ban on plastic bags. Harbor Commission. The Harbor Commission has a specific role under Title 17 of the Newport Beach Municipal Code (NBMC) — including serving as the appellate and reviewing body for decisions of the Harbor Resources Manager relating to permits, leases and other harbor related administrative matters. More specifically: NBMC §17.05.065 Duties of the Harbor Commission. It shall be the duty of the Harbor Commission to: A. Advise the City Council in all matters pertaining to the use, control, operation, promotion and regulation of all vessels within Newport Harbor; B. Approve, conditionally approve, or disapprove applications on all permits where the City of Newport Beach Municipal Code assigns the authority for the decision to the Harbor Commission; C. Serve as an appellate and reviewing body for decisions of the City Manager on permits, leases, and other harbor - related administrative matters where the City of Newport Beach Municipal Code assigns such authority to the Harbor Commission; D. Advise the City Council on proposed harbor - related improvements; E 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, F. 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. (Ord. 2008 -2 § 1 (part), 2008). The Harbor Commission does other things, too — often very worthwhile efforts that are important to the Harbor. Typically, the Commission gives the Harbor Resources staff a list of things to accomplish. This list (shown in the attachments) is robust. Many of the items, if not all, are appropriate to achieve. But the Harbor Resources staff receives task and project direction from the City Council via the City Manager via the Public Works Director. If projects or programs on the Task List are not provided in the budget (including staff time or dollars), the tasks do not get accomplished, frustrating the Commission — as the Commission is frustrated, so is the Harbor Resources staff. 5 Resolution 2011 -_ Relating to Committees and Commissions and their link to the Council's 2011 Goals; Committee Terms; Appointments to Committees and Designees to JWA Settlement Goal Discussions. March 08, 2011 Page 6 Items on the Harbor Commission's Task List include: • Vessel overhang; • Vision Plan for Lower Castaways; and • Joint meeting with the Planning Commission. Arts Commission. Finally, there was some discussion at the February 22, 2011 meeting about the role and duties of the Arts Commission. The Arts Commission is set forth in the City's Charter ( §712) as follows: There shall be a City Arts Commission with the number of members to be established by ordinance or resolution and it shall have the power and duty to: (a) Act in an advisory capacity to the City Council in all matters pertaining to artistic, aesthetic and cultural aspects of the City. (b) Recommend to the City Council the adoption of such ordinances, rules and regulations as it may deem necessary for the administration and preservation of fine arts, performing arts, historical, aesthetic and cultural aspects of the community. (c) On behalf of the City, actively encourage programs for the cultural enrichment of the community. (d) Perform such other duties relating to the Arts as the City Council may require. As a result, the Arts Commission must remain unless a later charter amendment removes or changes its role. About the Proposed New Committees. Two of the Council's 2011 Goals related to Neighborhood Revitalization and Tidelands Management. For more information about each, please review the draft workplans associated with the February 22, 2011 staff report on 2011 Goals. After conferring with Mayor Henn, I propose the following structure for these two committees (further described in the attached resolution): • Name: Neighborhood Revitalization Committee • Membership: Three City Council Members, one of whom shall be chairperson. • Advised by: Citizens Advisory Panel (CAP) of up to seven (7) people. CAP members shall be identified by the Committee and invited to participate in Committee meetings as key advisors. Members should be selected based on their specific expertise in the issue area — economic development, land use planning, past community interest, representatives of local HOAs or community groups, and more. The advisory panel may change depending on the geographic area(s) that the Committee intends to prioritize. Resolution 2011 -_ Relating to Committees and Commissions and their link to the Council's 2011 Goals; Committee Terms; Appointments to Committees and Designees to JWA Settlement Goal Discussions. March 08, 2011 Page 7 • Meets: As called by the chair, but optimally regularly enough to accomplish the specific tasks for 2011 and beyond. Committee meetings that involve the panel shall be noticed on the City's website, open to the public, and have an agenda and action minutes taken. Meeting format shall encourage collaboration and input from all persons present, including members of the public not on the CAP. • Name: Tidelands Management Committee • Membership: Three City Council Members, one of whom shall be chairperson. • Advised by: Citizens Advisory Panel (CAP) of up to five (5) people. CAP members shall be identified by the Committee and invited to participate in Committee meetings as key advisors. Members should be selected based on their specific expertise in the issue area — tidelands uses, harbor activities, oil field operations, water quality, governance structures, capital program development, and more. • Meets: As called by the chair, but optimally regularly enough to accomplish the specific tasks for 2011 and beyond. Committee meetings that involve the panel shall be noticed on the City's website, open to the public, and have an agenda and action minutes taken. Meeting format shall encourage collaboration and input from all persons present, including members of the public not on the CAP. For more specific detail about the Committees, please see the attached resolution and its backup material for the Boards, Commissions, and Committees binder and the website. Staff Recommendation. The Council has several options it could consider as it relates to these committees (and others). Staff recommends Alternative A below — Alternative A is implemented by the Council's adoption of the attached resolution should the Council choose to proceed this way: Alternative A — 1. Form the Neighborhood Revitalization and Tidelands Management Committees, with three Council members each and a citizens' advisory panel for each. 2. Sunset the noted Ad Hoc Committees, the Border Committees (2), EDC, and the Media and Communications Committee. Effectively incorporate some of the Ad Hoc Committees' functions and those of EDC into the two new committees. 3. Direct that EQAC move to a "meets as needed" schedule, called to act on and limited to specific actions referred to it by the City Council. 4. Direct that staff discuss with the Harbor Commission future ordinance revisions that would maintain a monthly meeting schedule for the Commission, and that it Resolution 2011 -_ Relating to Committees and Commissions and their link to the Council's 2011 Goals; Committee Terms; Appointments to Committees and Designees to JWA Settlement Goal Discussions. March 08, 2011 Page 8 continue to act in its appellate role or on planning - related projects referred to it by the Planning Commission, Council, or City Manager, but that special projects or other tasks only be acted upon by the Commission when directed to do so by the City Council. The Harbor Commission may make a request of the Council to act on a specific project or task if it chooses. Alternative B — 1. Form the Neighborhood Revitalization and Tidelands Management Committees, with three Council members each and a citizens' advisory panel for each. 2. Sunset the noted Ad Hoc Committees, the Border Committees (2), and the Media and Communications Committee. Effectively incorporate some of the Ad Hoc Committees' functions into the two new committees. 3. Direct that EDC and EQAC move to a "meets as needed" schedule, called to act on and limited to specific actions referred to it by the City Council. 4. Direct that staff discuss with the Harbor Commission future ordinance revisions that would maintain a monthly meeting schedule for the Commission, and that it continue to act in its appellate role or on planning - related projects referred to it by the Planning Commission, Council, or City Manager, but that special projects or other tasks only be acted upon by the Commission when directed to do so by the City Council. The Harbor Commission may make a request of the Council to act on a specific project or task if it chooses. 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). Additionally, I provided this staff report to the chairs of each affected committee by e-mail on Friday, March 4, 2011. Submitted by: fvv Dave Miff, City Mana er 0 Resolution 2011 -_ Relating to Committees and Commissions and their link to the Council's 2011 Goals; Committee Terms; Appointments to Committees and Designees to JWA Settlement Goal Discussions. March 08, 2011 Page 9 Attachments: Resolution 2011 -_ Relating to Committees Information about EDC and EQAC Harbor Commission Task List q Resolution 2011 -_ Relating to Committees and Commissions and their link to the Council's 2011 Goals; Committee Terms; Appointments to Committees and Designees to JWA Settlement Goal Discussions. March 08, 2011 Page 10 RESOLUTION 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH RELATING TO CERTAIN COMMITTEES AND COMMISSIONS WHEREAS, the City Council of the City of Newport Beach has multiple Boards, Committees, and Commissions that assist the Council in serving the needs of the Newport Beach Community; and WHEREAS, these Boards, Committees, and Commissions are invaluable in encouraging public participation and engagement; and WHEREAS, the City Council of the City of Newport Beach convened in a special meeting on Saturday, February 5, 2011, to discuss what goals it intended to address in Calendar Year 2011, and later adopted these goals by Resolution on February 22, 2011; and WHEREAS, the City Council's five goals for 2011 are: 1. Extension of the protections contained within the John Wayne Airport settlement agreement and related County ordinances; 2. The revitalization of key neighborhoods, though economic development, land use planning, nuisance abatement, or infrastructure improvements; 3. Improvement in the management of the tidelands (ocean and bay) within the City's jurisdiction; 4. Reform of public employee pension programs with the intent to reduce costs on the taxpaying public; 5. Restructuring of the city government to improve efficiency, effectiveness, and customer service. WHEREAS, in furtherance of the 2011 Goals, the Council desires to better align its committee and commission structure with the goals in order to make the most of committee and commission members' time and energy; now, therefore be it /0 Resolution 2011 -_ Relating to Committees and Commissions and their link to the Council's 2011 Goals; Committee Terms; Appointments to Committees and Designees to JWA Settlement Goal Discussions. March 08, 2011 Page 11 RESOLVED by the City Council of the City of Newport Beach that it hereby: 1. Creates the Neighborhood Revitalization Committee as described in attachments to this Resolution. 2. Creates the Tidelands Management Committee as described in attachments to this Resolution. 3. Ends ( "sunsets ") or changes the term of the following committees or commissions: a. The Media and Communications Committee (sunset now); b. The City Council /Citizens Committee on Marina Park Design (sunset now); c. The Ad Hoc Committee on Bay Issues (sunset now); d. The Ad Hoc Committee on the Re -Use of the City Hall Site (term has ended as of February 28, 2011 — no change); e. The Ad Hoc Committee on Updating Harbor Charges (extend sunset date from March 31, 2011 to December 31, 2011); f. The Charter Update Commission (sunset now); g. The Newport Beach /Irvine Borders Committee (sunset now); h. The Newport Beach /Costa Mesa /Huntington Beach Borders Committee (sunset now); and i. The Economic Development Committee (sunset now); 4. Modifies the rules and responsibilities of the Environmental Quality Affairs Committee (EQAC) as described in an attachment to this Resolution. ADOPTED this 8th day of March, 2011. MICHAEL F. HENN Mayor of Newport Beach ATTEST: LEILANI BROWN City Clerk ATTACHMENTS: Information for the Boards, Committees, and Commissions binder. Resolution 2011 -_ Relating to Committees and Commissions and their link to the Council's 2011 Goals; Committee Terms; Appointments to Committees and Designees to JWA Settlement Goal Discussions. March 08, 2011 Page 12 CITY COUNCIL COMMITTEE ON NEIGHBORHOOD REVITALIZATION AUTHORIZATION: Established by Resolution No. 2011 -_ adopted on March 8, 2011 Three members of the City Council, appointed by the Mayor and ratified by the City Council. The Mayor shall identify the chair of the Committee. City staff support shall come from the City Manager's Office, the Community Development Department, Public Works, and others as needed. TERM: Term ends December 31, 2012. MEETS: As called by the chairperson. PURPOSE & RESPONSIBILITIES: A. To identify and then prioritize those areas of the community that should have an investment of time, thought, and resources to bring the areas up to "Newport Beach" standards. This may include, but not be limited to: a. Land use planning and visioning; b. Economic development; c. Code enforcement and nuisance abatement; and d. New infrastructure. B. Following the prioritization s approval by the City Council, the Committee shall identify desired outcomes, develop a plan to achieve them, and recommend a budget appropriation to be approved by the City Council. C. Identify and establish a Citizens Advisory Panel (CAP) to guide and implement the revitalization strategy for each specific area, encouraging public input throughout the process. The CAP may be different for each specific area. D. Meetings of the Committee that involve the CAP shall be noticed, open to the public, and shall be collaborative with all persons attending the meeting and contributing in a positive way. I�- Resolution 2011 -_ Relating to Committees and Commissions and their link to the Council's 2011 Goals; Committee Terms; Appointments to Committees and Designees to JWA Settlement Goal Discussions. March 08, 2011 Page 13 RECOMMENDED IMPLEMENTATION STEPS: The Committee shall generally be guided by these Implementation Steps, which were reviewed by the City Council on February 22, 2011: 1. Establish that the City Council is the oversight body that would approve the final priorities, the strategies, and funding for each area. 2. Review and determine the list of potential revitalization areas, establish a weighted criteria selection process, and make a recommendation to the full Council as to prioritization. Potential areas to review include, but are not limited to(in no particular order): • Current City Hall Site/ Lido Marina Village • Balboa Village • Mariner's Mile • Corona Del Mar entry at MacArthur • Bristol Road South in Santa Ana Heights • West Newport Beach - Balboa Boulevard, West Coast Highway Weighting and Prioritization. Prioritization (what goes first) and a budget amount are needed to set realistic expectations. A simple way to set the relative order of the projects is to prioritize based on agreed upon criteria. Below are some suggested criteria that the committee could use along with input from key city departments (CDD, Public Works, Police and City Manager's Office) who can provide important information (need and cost of public improvements, crime statistics, vacancy rates, land use and nuisance conflicts and more) to assist the Council Committee in developing a suggested priority list. Potential criteria could include: • Physical area in poor condition, including infrastructure needs and nuisance abatement needs; • Need for focused economic development efforts (e.g. storefront improvements, retail attraction strategy, repositioning of businesses, improved parking strategies); • Land use and zoning issues and /or inconsistencies with land use potential; • Area includes a signature Gateway to the City in need of enhancements; and • Estimated costs for major infrastructure deficiencies. 13 Resolution 2011 -_ Relating to Committees and Commissions and their link to the Council's 2011 Goals; Committee Terms; Appointments to Committees and Designees to JWA Settlement Goal Discussions. March 08, 2011 Page 14 The Committee should identify and prioritize the project areas, establish general strategic outcomes for each area, and propose a budget estimate (based on staff input) for consideration by the full Council. 3. Depending upon the area of interest and the prioritization, select a Citizens Advisory Panel (CAP) of up to seven (7) people specifically invited to attend Committee meetings and to provide their expertise on key subject areas, including but not limited to economic development, land use planning, past community interest, representatives of local HOAs or community groups, and more. The advisory panel may change depending on the geographic area(s) that the Committee intends to prioritize. 4. Based on the project type and need of the areas to be addressed first, City staff should then assess how many project areas can be addressed each year. The staff should prepare for Council consideration a project scope, budget, community outreach and involvement process, and schedule for the project area(s). Iq Resolution 2011 -_ Relating to Committees and Commissions and their link to the Council's 2011 Goals; Committee Terms; Appointments to Committees and Designees to JWA Settlement Goal Discussions. March 08, 2011 Page 15 CITY COUNCIL COMMITTEE ON TIDELANDS MANAGEMENT AUTHORIZATION: Established by Resolution No. 2011 -_ adopted on March 8, 2011 MEMBERSHIP: Three members of the City Council, appointed by the Mayor and ratified by the City Council. The Mayor shall identify the chair of the Committee. City staff support shall come from the City Manager's Office, and the City Attorney's Office. TERM: Term ends December 31, 2012. MEETS: As called by the chairperson. PURPOSE & RESPONSIBILITIES: The Committee shall: A. Establish long term visions for the major tidelands components, including the upper bay, lower bay, beaches and other major components. B. To establish a fee structure reflective of a modern harbor, where fair market value is obtained and applied to ,proper leases (in the case of commercial activities); C. To study and adopt a Tidelands Infrastructure Master Plan (TIMP); D. To research, consider, and recommend appropriate governance structures; and E. To oversee ongoing execution of the Tidelands Infrastructure Master Plan projects. F. Identify and establish a Citizens Advisory Panel (CAP) to assist the Committee, encouraging public input throughout the process. The CAP may be different for each specific area. Meetings of the Committee that involve the CAP shall be noticed, open to the public, and shall be collaborative with all persons attending the meeting and contributing in a positive way. RECOMMENDED IMPLEMENTATION STEPS: The Committee shall generally be guided by these Implementation Steps, which were reviewed by the City Council on February 22,2011: 1. Review existing General Plan policies, the Harbor Area Management Plan (HAMP), and other relevant existing documents, and finalize a vision for the ultimate goals of the management process for each of the major Tidelands components. 2. Fee and revenue issues: 15 Resolution 2011 -_ Relating to Committees and Commissions and their link to the Council's 2011 Goals; Committee Terms; Appointments to Committees and Designees to JWA Settlement Goal Discussions. March 08, 2011 Page 16 a. Review and finalize for recommendation to the Council as a whole, an action plan to maximize the productivity of the City's oil reserves in the most economically and environmentally advantageous manner; b. Update fees to modern schedules with modern methodologies: i. Complete the appraisal for Lido Marina Village's marina facilities; ii. Hire consultant with tidelands lease expertise to review and implement appropriate fee arrangements for all major tidelands use classifications (commercial permittees over tidelands, commercial permittees where permittees control uplands, and more); c. Determine a strategy to maximize the participation of the federal government and other governmental agencies and private stakeholders in the funding burdens associated with the Tidelands Infrastructure Master Plan. 3. Tidelands Infrastructure Master Plan. Using the Harbor Area Management Plan (RAMP) and other resources, develop a Tidelands Infrastructure Master Plan identifying projects, timing, and costs associated with items like: a. Dredging (Lower Newport Bay, Newport Slough, Newport Island, Upper Newport Bay [in 20 years], more); b. Beach replenishment (ocean beaches, in -bay beaches, more); c. Habitat protection and restoration (eelgrass, habitat restoration such as John Wayne Gulch, Santa Isabel Channel); d. Sea level rise (sea walls - private and public, street ends, ocean beach infrastructure, more); e. Harbor amenities (mooring support services areas, public docks, more); f. Water quality (selenium removal upstream and in Big Canyon wash, bacteria, trash booms, etc); and g. Harbor services (law enforcement, Harbor Resources Division, more). 4. Re- examine and update fee structure based on Tidelands Facilities Master Plan needs; and 5. Recommend and implement a long -term governance and /or fund structure to ensure that: a. All tidelands are managed appropriately and reflective of the City's obligations under the tidelands trust; and b. Tidelands revenue appropriately covers tidelands expenses into the future. 6. Depending upon the area of interest and the prioritization, select a Citizens Advisory Panel (CAP) of up to five (5) people specifically invited to attend Committee meetings and to provide their expertise on key subject areas, including but not limited to tidelands uses, harbor activities, oil field operations, water quality, Resolution 2011 -_ Relating to Committees and Commissions and their link to the Council's 2011 Goals; Committee Terms; Appointments to Committees and Designees to JWA Settlement Goal Discussions. March 08, 2011 Page 17 governance structures, capital program development, and more. The advisory panel may change depending on the Committee's specific focus at any one time. 17 Resolution 2011 -_ Relating to Committees and Commissions and their link to the Council's 2011 Goals; Committee Terms; Appointments to Committees and Designees to JWA Settlement Goal Discussions. March 08, 2011 Page 18 ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE PROPOSED AMENDMENT (additions shown in underline, removals shown in strike- out): RULES: I. The Committee shall meet as directed by the City_ Council solely to address a specific issue assigned to it by the City Council. PURPOSE & RESPONSIBILITIES: A. When directed by the City Council, a. To review and submit comments during the public review period (upon publication of the Notice of Preparation (NOP) and /or the Notice of Completion (NOC)) with respect to any Environmental Impact Report (EIR) prepared by the City. Manager, B. if requested by the City Couneil or the City b. To review and, subject to the approval of the City Council or City Manager, submit, on behalf of the prepared by another public agency for a Project that has the potential to cause significant adverse environmental impacts in the City of Newport Beach. To receive or request eeneurrenEe from the City CeunEil or City Manager c. To review and submit comments on any negative declaration prepared by the City for any project. d. To advise the City Council on policies, programs and projects that improves or detract from the environmental quality of the city e. To promote education and awareness on positive environmental practices. /0 Newport Harbor Commission Sub Committee on Harbor Code Enforcement Preliminary Report Recommended Scope of Code Sections to be Reviewed November 10, 2010 Subject to review and approval by the Harbor, Commission, the Harbor Code Enforcement Sub Committee proposes to examine and report to the Harbor Commission its findings with respect to those Sections of the Harbor Code listed below. The objective of the Sub Committee is to better understand and inform the Harbor Commission regarding the specific requirements of these Code provisions, the process by which each is being enforced and the current status of compliance in each instance. The aim of this work is to assist the Harbor Commission in fulfilling its responsibility to advise and serve the City Council in achieving the Purpose of the Harbor Code as provided in Section 17.05 of the Code. This list of Code Sections proposed for review does not include all matters that concern the Harbor Commission, but is intended to provide a manageable focus for a review of certain key Code provisions by the Sub Committee in the coming year. 17.05 DUTIES OF THE HARBOR COMMISSION- 7J6QZA�8ff2 Clarification of duties mandated in this Section and in various other Sections of the Code. 17.10 PERMIT FOR COMMERCIAL ACTIVITIES _174NUA Y Cruise Vessels; Noise: Water Pollution; Sufficiency of Uplands facilities /support, Changes in Scope of Activities 17.20 VESSEL LAUNCHING AND OPERATION —'4kWJ + Harbor Speed limit. Clarify established speed limit (Kts or MPH). Exception for sail racing activity, if any. 17.25 BERTHING, MOORING AND STORAGE Mooring Condition; Vessel Condition, Operable and Seaworthy (Derelict Vessels) 17.40 LIVE - ABOARDS — AAWI Status of 7% limitation, Pumpout /Discharge Compliance: Status of unauthorized live - aboards, if any. 17.45 SANITATION —�!y' Compliance of Marinas, and/Marine Activity Permittees, with Pumpout Facilities and Signage Requirements. to E W G) -n P p @� ® m00P » a)� n X20' Iƒ ; »I =m @' § @. 3C/) / ) �w{oi� }k ~� ) 52. 2§ \J E_+> - _ ƒ®(�;�`©(% ;Ou CL m \ &� 'r §!§!a@ > !M ca < # § !rk ®(«r��J o \ |!#£ »fiE - o - ;§�� § § m»� a 22® 9 # 2) %� =]|. §� § ,§q£J c(D CD CD } })C /} \(} \ k \k E .3, 2!2©•2 § �a`2 aR�efƒAa d ( \_ U3 ( ��k(k)k} ( § Q }(a D0. g . ,CL00 m IkAE � § ( § ( #® R d § f .& ° � \ § ` § /\ (/ RR #+ 0FL k J 2E ■@@EJ EN / f M 22222 !; CL . c k �( §mmm + } 2m CD ® ( ° } ( ƒ ! m tc m ¥ /) 1 � k C s22 § - / d !; \k «a) 2 §3 k 2m CD ® ( ° (A m m ¥ \ }\ \ » //\ 0 _0( CL /) 1 � k C ECONOMIC DEVELOPMENT COMMITTEE AUTHORIZATION: Established by Resolution No. 93 -3 adopted on January 25,1993; amended by Resolution No. 95 -27 adopted on February 13, 1995; amended by Resolution No. 98 -17 adopted on February 23, 1998; amended by Resolution No. 2001 -80 adopted on September 25, 2001; membership amended by Resolution No. 2004 -14 adopted on February 10, 2004; membership structure revised and previous resolutions rescinded by Resolution No. 2004 -16 adopted on February 24, 2004. Membership structure amended and all other resolutions rescinded by Resolution No. 2008 -49 adopted on June 10, 2008. MEMBERSHIP: A. The Committee shall consist of three (3) members of the City Council, the Chair of the Environmental Quality Affairs Citizens Advisory Committee (EQAC), and a Planning Commissioner, all of whom shall be appointed by the Mayor (who may appoint him or herself) and confirmed by the City Council. B. The Committee shall include the following members who shall be nominated by the Committee and confirmed by the City Council: One (1) representative from the Newport -Mesa Association of Realtors; One (1) representative from the Newport Beach Chamber of Commerce; One (1) representative from the Building 'Industry Association who conducts business within the City; One (1) representative from the Newport Beach Conference & Visitors Bureau. Section III - Page 3 6 -11 -08 Cq1 One (1) individual with special knowledge in financing public /private business ventures including capital and operational activities; One (1) individual with special knowledge in the restaurant industry; One (1) individual with special knowledge in the boating and harbor industry; One (1) individual with special knowledge in the medical industry; Six (6) members at- large; and Six (6) members from City business districts as follows: Balboa Island Balboa Village Cannery /Lido /McFadden Square Corona del Mar Fashion Island /Newport Center Mariners' Mile /Old Newport Boulevard The Mayor shall name the Chairperson of the Committee from the list of approved members. The Chairman shall then organize the Committee into appropriate sub- committees as necessary to accomplish the assigned functions and duties. Committee appointees may be replaced after three (3) consecutive unexcused absences from committee meetings. All members shall serve at the pleasure of the City Council. The Committee shall be staffed primarily by the Assistant City Manager and /or the Economic Development Administrator with assistance of additional full time and part -time support from other departments as necessary. Section III - Page 3(a) 6 -11 -08 r, 6i ,�,- PURPOSE & RESPONSIBILITIES: TERMINATION: A. Review, monitor and assist the activities of staff as outlined in the City Council Economic Development Policy; B. Make recommendations regarding appointment of appropriate staffing levels for Economic Development activities; C. Make recommendations regarding appointments to the membership of the Economic Development Committee; and D. Make recommendations to the City Council to further the goals of the City's Economic Development Policy. The Committee shall continue in existence until further action of the City Council. Section III - Page 3(b) 6 -11 -08 J3 Date Appointed Economic Development Committee (EDCI (Established by Resolution No. 93 -3 on 1- 25 -93; amended by Resolution No. 98 -17, adopted on 2- 23 -98; committee shall continue until further action of the City Council; amended by Resolution No. 2004 -14 on 2- 10 -04; membership restructured by Resolution No. 2004 -16 on 2 -2404. Membership structure amended and all other resolutions rescinded by Resolution No. 2008 -49 on 6- 10 -08.) Council Member Keith Curry (R) 01 -11 -11 01 -08 -08 Council Member Steven Rosansky (R) 01 -11 -11 01 -08 -08 Council Member Rush Hill (R) 07 -08 -08 01 -11 -11 Planning Commissioner Robert Hawkins (R) 01 -12 -10 01 -09 -07 Chair, Council Member Rush Hill (R) 01 -12 -10 07 -01 -06 Local Organization Representatives: Mark H. Hoover, Building Industries Association (R) 07 -08 -08 09 -28 -10 (conducting business within Newport Beach) (R) 07 -08 -08 08 -14 -07 John Hyatt, Newport -Mesa Association of Realtors (R) 07 -08 -08 02 -27 -07 Richard Luehrs, Newport Beach Chamber of Commerce (R) 07 -08 -08 02 -27 -95 Gary Sherwin, Newport Beach Conference and Visitors Bureau (R) 07 -08 -08 06 -27 -06 Areas of Special Expertise: Seymour Beek (Boating /Harbor Industry) (R) 07 -08 -08 10 -28 -96 Sheri Drewry (Restaurant Industry) (R) 07 -08 -08 07 -24 -07 Debra Legan (Medical Industry) (R) 07 -08 -08 05 -11 -04 Mike McNamara (Financing Public /Private Business (R) 07 -08 -08 07 -10 -07 Ventures Including Capital & Operational Activities) (R) 07 -08 -08 02 -10 -04 Jeffrey Cole (Member at Large) 10 -28 -08 Steven Coyne (Member at Large) 09 -23 -08 David Hsiang (Member at Large) 01 -12 -10 Jennifer Gonzalez (Member at Large) (R) 07 -08 -08 07 -10 -07 Lloyd Ikerd (Member at Large) (R) 07 -08 -08 03 -22 -05 Gregg Schwenk (Member at Large) (R) 07 -08 -08 11 -26 -02 City Business Districts Representatives: John Robinson (Balboa Island) (R) 07 -08 -08 06 -26 -01 Craig Batley (Cannery/Lido /McFadden Sq.) 07 -08 -08 Gay Wassall-Kelly (Balboa Village) (R) 07 -08 -08 09 -24-02 Scott Palmer (Corona del Mar) (R) 07 -08 -08 07 -10 -07 Brion Jeannette (Mariners Mile /Old Newport Blvd.) (R) 07 -08 -08 11 -26 -02 Kimberly Van Natta (Fashion Island /Newport Center) 01 -12 -10 Page 5 of 13 Revised 1 -12 -11 A ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE AUTHORIZATION: The Environmental Quality Affairs Citizens Advisory Committee (Committee) established by Resolution No. 87 -14, adopted on January 12, 1987; amended by Resolution No. 88 -105, adopted October 24, 1988 and blanket Resolution No. 90 -123. Committee restructured by adoption of Resolution No. 98 -17, adopted on February 23, 1998 (repeals all other resolutions). Membership revised by adoption of Resolution No. 98 -60 on August 24, 1998 (amends Res. 98 -17). Appointment of officers clarified by adoption of Resolution No. 2000 -10 on January 25, 2000. Membership, Rules, and Purpose and Responsibilities revised by adoption of Resolution No. 2000 -90 on October 24, 2000. Membership revised by adoption of Resolution No. 2001 -61 on July 10, 2001. Revised by adoption of Resolution No. 2001 -73 on August 14, 2001. Membership provisions amended by adoption of Resolution No. 2003 -18 on March 25, 2003. Membership, Rules, and Purpose and Responsibilities amended by adoption of Resolution No. 2004 -39 on May 25, 2004. Mission added and Purpose and Responsibilities modified by adoption of Resolution No. 2008 -34 on May 13, 2008. MEMBERSHIP: A. Two (2) Council Members. B. The Chair (or Chair's designee) of the Economic Development Committee. C. Chairperson of Committee shall be a citizen (at large) appointed by the Mayor. D. Seven (7): members, one from each City Council district, nominated by the District Council Member and confirmed by the City Council. If a Council Member chooses, he /she may appoint a person who does not 'reside in his /her District. If a Council Member does not fill a vacancy within sixty (60) days from the date of the vacancy, the Committee may recommend candidates for the City Council's consideration. Candidates recommended by the Committee need not reside in the District in which there is a vacancy. Section V - Page 2 05 -1408 95 E. Seven (7 citizens at. large, one nominated by each City Council Member and confirmed by the City Council. At the request of a Council Member, or if a Council Member does not fill a vacancy within sixty (60) days, the Committee may recommend candidates for the City Council's consideration. R Four (4) members who are active in homeowners or community associations or any other civic or community groups, appointed by the City Council from recommendations from the Committee. G. Three (3) members who have knowledge of CEQA administration or environmental issues of concern to Newport Beach (e.g., water quality, airport noise, traffic), appointed by the City Council from recommendations from the Committee. Staff: Assistant City Manager or Designee TERM: District and at -large members shall have terms that coincide with the terms of the Council Members nominating them. Association and special expertise members shall have terms of four (4) years, and may serve no more than two (2) consecutive terms. All members shall serve at the pleasure of the City Council. RULES: A. All members, other than Council Members, shall have one (1) vote on the Committee. B. The officers of said Committee shall be comprised of a Chairperson and Vice - chairperson. The Chairperson shall be appointed by the Mayor and the Vice- chairperson shall be elected by the Committee. C. A quorum shall consist of a majority of the currently appointed members of the Committee, not counting the Council Members. D. If a member is absent from three (3) meetings during a twelve month period without an excused absence, the Mayor shall send that member a letter regarding his /her attendance and continued service on the Committee. Section V - Page 2(a) 05 -14-08 9(0 MISSION: PURPOSE & RESPONSIBILITIES: E. Reports and recommendations from the Committee shall be made to staff, the Planning Commission or the City Council. Committee comments on projects by other agencies shall be distributed to such agencies only after the comments are approved by the City Council, or the City Manager if City Council approval is not practicable. F. Any publications of the Committee shall require authorization from the City Council. G. Any letter written by a member of the Committee that represents the position of the Committee, or stating any recommendation made, or action taken by the Committee, shall be authorized by the Committee during a duly noticed public meeting. In the event the Committee has, at a duly noticed public meeting, delegated the responsibility for any task to a Subcommittee, the Subcommittee may authorize one or more of its members to perform that task and subject to the Rules applicable to the Committee, prepare and submit comments and /or state the position of the Committee. H. The Committee, or a Subcommittee designated by the Committee shall interview each candidate or prospective member before recommending that candidate to the City Council. To protect and enhance the environmental quality of the City for the health and enjoyment of residents and visitors. A. To review and submit comments during the public review period (upon publication of the Notice of Preparation (NOP) and /or the Notice of Completion (NOC)) with respect to any Environmental Impact Report (EIR) prepared by the City. B. If requested by the City Council or the City Manager, to review and, subject to the approval of the City Council or City Manager, submit, on behalf of the City, comments on any environmental document Section V - Page 2(b) 05 -1405 97 prepared by another public agency for a Project that has the potential to cause significant adverse environmental impacts in the City of Newport Beach. C. To receive or request concurrence from the City Council or City Manager to review and submit comments on any negative declaration prepared by the City for any project. D. To advise the City Council on policies, programs and projects that improves or detract from the environmental quality of the city. E. To promote education and awareness on positive environmental practices. F. To request that the City Manager schedule presentations from City staff relative to activities with the potential to impact the environment and quality of life issues. G. To request that the City Manager and /or City Council schedule a presentation from members of the Committee to the City Council relative to any action of the Committee or any activity that the Committee has determined could have a significant effect on Newport Beach. Section V - Page 2(c) 05 -1408 ME Date Appointed Environmental Quality Affairs Citizens Advisory Committee (Established by Resolution No. 87 -14 on 1- 12 -87; modified by Resolution No. 88 -105 on 10- 24 -88; restructured by Resolution No. 98 -17 on 2- 23 -98; modified by Resolution No. 98 -60 on 8- 24 -98; modified by Resolution No. 2000 -90 on 10- 24 -00; modified by Resolution No. 2001 -61 on 7- 10 -01; modified by Resolution No. 2003 -18 on 3- 25 -03; modified by Resolution No. 2004 -39 on 5- 25 -04) Monthly Meeting: Third Monday, 7:00 p.m. Police Department Auditorium - 870 Santa Barbara Drive S+ I.rorrsosl, Tim Caw �yje�i, (at i�Cil [� atnnetr Mayor Pro Tern Nancy Gardner (R) 01 -11 -11 Council Member Rush Hill Citizens District Kimberly Jameson (1) Merrit Van Sant (2) (R) 01 -13 -09 [Vacant] (3) Laura Meier (4) Ed Reno III (5) Nick Roussos (6) Joan Penfil. (7) Bruce Asper (1) At -large Member Kevin Kelly (2) At -large Member (R) 01 -13 -09 Barbara Thibault (3) At -large Member Laura Curran (4) At -large Member Vincent Lepore (5) At -large Member Kevin Nolen (6) At -large Member Kathy Harrison (7) At -large Member Vacant Community Association Member Sandra Haskell Community Association Member (R) 01 -13-09 Timothy Stoaks Community Association Member Jay Myers Community Association Member Michael Alti Environmental Expertise Member Debbie Stevens Environmental Expertise Member Charles McKenna Environmental Expertise Member [Vacant] EDC Designee Arlene Greer Chair (R) 01 -11 -11 Page 11 of 13 01 -09 -07 01 -11 -11 10 -10 -06 03 -23 -04 07 -27 -10 11 -24 -09 01 -13 -09 07 -22 -08 10 -10 -06 04 -22 -08 11 -23 -04 08 -23 -05 01 -13 -09 03 -10 -09 02 -23 -10 11 -12 -03 07 -10 -07 06 -23 -09 09 -23 -08 11 -24 -09 02 -10 -09 01 -13 -09 Revised 1 -12 -11 R- Brown, Leilani TES 5s, From: Laura Curran [lauracurran @mac.com] 3—F-11 Sent: Monday, February 28, 2011 1:50 PM To: Kiff, Dave; Gardner, Nancy; Henn, Michael; McCraner, Tracy; City Clerk's Office Cc: Hill, Rush; Daigle, Leslie; Curry, Keith; Rosansky, Steven; Selich, Edward Subject: Committee Status and Proposed Sunsets - Comments for Public Record Attachments: Untitled.pdf; ATT75296873.htm To City Council 1. The Report proposes a Realignment of Committee Structure in NB. "Here are some concepts as to how various committees and non - Charter commissions might be better aligned to meet the Council's goals. If the Council wishes to pursue this further, staff would bring back specific actions at a future Council meeting. Sunsetting committees such as EDC, EQAC, BORDERS, and BIKE SAFETY may well be a good decision. However, these decisions are being presented to the Public without any in- depth assessment of the Issues covered by, and Contributions of each Committee, and how they will be handled in the future. For example - EQAC: EQAC has participated in key EIR reviews on projects such as AERIE, Banning Ranch, Marina Park, HOAG Hospital. Further, the Committee has worked on the Styrofoam ban, reviewed Smoking Ordinances, and other key environmental issues. What will be the public forum for this work in future? What are Pros /Cons of eliminating this Committees? - Coverage of topic -Costs If these questions have been addressed in a prior Staff Report, please add the link to this Staff Report for easy reference. What are the contributions of the other committees? Citizens and Council Members have devoted time and effort to these Committees over the years. A well thought out and transparent analysis and transition plan are the minimum standard that the Public should expect. 2. Priorities: While the focus on Priorities is laudable, it is critical to avoid tunnel vision and lose focus on key initiatives from prior years, e.g. Enforcement of the 2008 / Ordinance for Group Homes for Drug & Alcohol Rehab. With the recent ruling in Federal Court re the ordinance, it is time to move forward with full enforcement, including the Integral Facilities provisions. i Thank you Laura Curran Laura Curran 949 675 3144 (o) 714 351 7379 (c)