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HomeMy WebLinkAbout04 - Proposed Harbor Commission�EVUVOgT CITY OF NEWPORT BEACH o� o PLANNING DEPARTMENT .. G r 3300 NEWPORT BOULEVARD c r � {IFOPN NEWPORT BEACH, CA 92658 (949) 644 -3200; FAX (949) 644 -3250 Hearing Date: Agenda Item No.: Staff Person: REPORT TO THE MAYOR AND CITY COUNCIL SUBJECT: Proposed Harbor Commission July 11, 2000 4 Patrick J. Alford (949) 644 -3235 SUMMARY: 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. ETNA C17►E Background 1. Defer action on the formation of the Harbor Commission until consideration and adoption of the Harbor Element is completed; and 2. Adopt Resolution 2000 -, extending the tenure of the Ad Hoc Harbor Committee. 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 June 27, 2000, the Ad Hoc Harbor Committee approved a proposed set of rules of procedures for a new Harbor Commission and directed staff to immediately forward them to the City Council for adoption. The Ad Hoc Harbor Committee terminated on June 30, 2000. Analysis The Ad Hoc Harbor Committee is submitting a set of rules of procedures to be used in the establishment of a 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. Membership The proposed Harbor Commission would consist of seven (7) members appointed by the Mayor and approved by the City Council. Each member shall serve a term of four (4) years and would be eligible for reappointment, subject to the approval of 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: • One (1) representing Coastal Zone residential uses. • One (1) representing water-dependent commercial uses. • One (1) representing water - related/water- enhancedcommercial uses. • One (1) representing recreational boating uses. One (1) representative with expertise in oceanography, environmental science, or a related field. Two (2) at large representatives. Powers and Dudes 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 Element of the General Plan. The Harbor Element is currently being finalized and will soon be submitted to the Planning Commission for public hearings. The Harbor Commission would 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 Marine 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 amendment process. Permit Authority Marine charter permit Revenue Manager Place, erect, construct or maintain moorings or buoys City Manager Live aboard permit Marine Director Build, maintain, extend or make structural alterations City Manager Pumpout facilities Marine Director Pier fees Marine Director Live bait receiver City Council Houseboat marina permit City Council Commercial activities Marine Director Harbor Commission July 11. 2000 Page 2 Given the recent reorganization of the Marine Division, Title 17 will need to be updated to reflect the new administration structure. 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. Recommendation Since the Harbor Element is still being finalized, staff recommends that the City Council defer action on the establishment of the Harbor Commission until that process has been completed. Furthermore, staff recommends that the tenure of the Ad Hoc Harbor Committee be extended until such time the City Council takes final action on the Harbor Element General Plan amendment. Submitted by: PATRICIA L. TEMPLE Planning Director Prepared by: PATRICK J. ALFORD Senior Planner Attachments: 1. Resolution extending the tenure of the Ad Hoc Harbor Committee. Harbor Commission July 11, 2000 Page 3 RESOLUTION NO.2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH EXTENDING THE TENURE OF THE AD HOC HARBOR COMMITTEE WHEREAS, Newport Harbor is the major element establishing the unique attractiveness of Newport; and WHEREAS, the City Council wishes to maintain now and in the future the recreational and scenic qualities of Newport Harbor and assure that its operations do not impact the unique attractiveness of Newport Harbor; and WHEREAS, the City Council appointed an Advisory Committee to the City Council to make recommendations on matters pertaining to the operations of Newport Harbor; and WHEREAS, the Advisory Committee was scheduled to sunset on June 30, 2000; and WHEREAS, the City Council deems it desirable to extend the tenure of the Advisory Committee in order to complete their deliberations and recommendations. 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 until such time the City Council takes final action on the proposed Harbor Element General Plan Amendment. k This resolution was adopted at a regular meeting of the City Council of the City of Newport Beach held on July 11, 2000, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK 5