The URL can be used to link to this page

Home My WebLink AboutPA2001-050 HARBOR COMMITTEE COMMISSION ��ti kr CITY OF NE4WRT BEACHlow PLANNING DEPARTMENT Hearing Date: July 11,2000 3300 NEWPORT BOULEVARD Agenda Item No.: 4 r " ,r NEWPORT BEACH,CA 92658 Staff Person: Patrick J.Alford (949�644-3200;FAX(949)644-3250 (949)644-3235 REPORT TO THE MAYOR AND CITY COUNCIL SUBJECT: Proposed Harbor Commission FILE COPY 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. ACTION: 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. 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 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 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 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 woulrj 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: Prepared by: PATRICIA L.TEMPLE PATRICK J.ALFORD Planning Director Senior Planner Attachments: 1. Resolution extending the tenure of the Ad Hoc Harbor Committee. Harbor Commission July 11,2000 Page 3 I RESOLUTION NO.2000- s 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. 1 0 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 2 5 Next Harbor Committee Meeting Wednesday, January 19, 2000 At 7:30 am Lifeguard Headquarters CITY OF NEWPORT BEACH HARBOR COMMITTEE DATE: 12/16/99 TIME: 7:00 A.M. LOCATION: City Council Chambers ATTENDEES: Seymour Beek, Tom Houston, Dave Kiff, Tony Melum, Bill Mountford, Mark Murrel, Dave New, Councilman Ridgeway, Ralph Rodheim, Marshall Steele, Dick Stevens, Lee Sutherland,Patricia Temple, Mike Whitehead ABSENT: Tim Collins,John Corrough,Gary Hill, Mark Sites,Clive Towndrow, Jean Watt Members and guests introduced themselves. Patrick Alford from the Planning Department was introduced. He will be taking over the work on the harbor element document for Patricia. Ralph reported that the City Council has approved a 3 month extension on the Harbor Committee, due up on March 31, 2000. The committee needs to list what things need to be accomplished in that time period. Suggestions were: 1) complete the harbor element document; 2) make the City Council aware that there after March 31 there will be no more committee and they either need to appoint a permanent committee or a commission; 3) Tony,Patty, Patrick,Dave Kiff and Tod will meet to define the City's role in the harbor element; and 4) work on the marine maintenance location problem. Does this committee want to be policy oriented or complaint-based? Ralph noted that charter boat size seems to be a problem. Tod said that the City Council is trying to find ways of controlling City policies on charter boats and is looking at controlling the charter boat operators as proprietors and better enforcement from Revenue. The minutes from 11/30/99 were approved. Public comments: Patty explained Patrick's takeover on the committee and his background. It was noted that the committee worked on the Harbor Element with no restrictions so there are a lot of inconsistencies and many redundancies so a lot of editing needs to be done. Patty spoke with the Coastal Commission regarding a boardwalk. The task will prove difficult to but not impossible and will be costly. Marshall asked if we have every done a study on the value of the harbor. He felt that other City's that had this done have moved ahead faster. Harbor Element discussion: Patricia went over the questions she and Patrick need to have clarified and discussed areas she needs clarified to assist her in completing the harbor element report. She said that we to look at mixed use areas and what do we envision. How direct should the City be and do we want hard and fast rules. We need to weigh land uses versus marine uses. Patricia asked that any comments be e- mailed to her. Other terms were explained and some background was offered. Patrick will continue to work on the document and will bring an updated version back to the next committee meeting. Dave Kiff, Deputy City Manager, introduced himself and gave background on some harbor issues and what he has been working on. Water quality and urban runoff have become hot topics. Newport is a no discharge harbor. The next meeting will be held on Wednesday,January 19,2000 at 7:30 am at Lifeguard Headquarters. Meeting adjourned at 8:30 am. City of Newport Beach • Study Session Minutes October 9,2001 MEX John Hauscarriague, UCI Administration, stated that, "UCI would like to voice its support for the Shellmaker Marine Studies Center. As one of the era in the Center, we believe this will be an important asset for our co unity. The collaborative master plan that has been developed will allow ' veral important facilities to be housed at Shellmaker in an environm tally sound.plan that will serve many important needs. UCI will fund,build operate a new crew facility,as part of this master plan. This facility will p We much needed facilities for our UCI student athletes, as well as servicing kayak and canoe access for teaching tours on the Upper Newport Bay as parVof the Marine Studies Center program. In addition to the new crew facility, tPql will be a partner in the Marine Studies Center's teaching, research and public service programs. We look forward to collaborating with other teachers, scientists and volunteers at the Center to support public education and r4e#rch. UCI and other partners have begun the initial work in establishing`-these relationships for this important program. Your approval of these ini steps will help all of the partners in moving this important project forward. y,UCI would like to thank the City staff, in particular Assistant City ger Kill and City Attorney Burnham, for their substantial efforts in ing to move this project forward.. Thank you." Jack Keating,President of Newport Bay Naturalists an -ends,stated that his group of volunteers are also a partner in the new Cen He stated that it's a wonderful collaborative opportunity and will turn Sh maker Island into a very special place for visitors and scientists. He s that his organization strongly supports the water quality lab at the site. FILE O PY Mayor Pro Tem Ridgeway announced that a letter in support of the ter was also received from Dennis Kelly, Professor of the Marine Scien Department at Orange Coast College. Terri Stewart, Senior Biologist DFG, stated her appreciation for the City's support of the project. She stated that the partnership will accomplish much more than can be accomplished alone. She stated that the Center is needed and will work. 4.. PROPOSED HARBOR COMMISSION. Harbor Commission (24) Council Member Bromberg stated that the issue of whether a Harbor Commission is needed has come up several times. He stated that it does add another layer of bureaucracy and needs to be approached carefully. He stated that of the 15,000 people in his district, about 11,000 live on or about the bay, and that he started thinking of having a Harbor Commission when the City started dealing with more issues affecting the bay. Council Member Bromberg stated that most of the issues are decided on by the Harbor Resources Division, can be appealed to the City Manager and then to the City Council. He stated that a Commission is possibly needed to deal with these issues,since they affect the quality of life of the residents. Council Member Glover stated that she heard that most of the members of the current Harbor Committee are from Balboa Island but upon a request to Volume 54-Page 499 City of Newport Beach • • Study Session Minutes October 9, 2001 INDEX the City Manager, she learned that most of the people on the Harbor Committee don't live in Newport Beach. She stated her support for a Harbor Commission, but requested that the members live in Newport Beach and be required to give their place of residency. Council Member Glover stated that each Council Member should be able to appoint someone to the Commission to provide for geographical representation. She stated that this is only fair. She further agreed that the Harbor Commission should have the same level of authority as the Planning Commission. Senior Planner Alford stated that earlier in the year, the City Council approved the extension of the term of the Harbor Committee until final action was taken on a Harbor Commission, but no later than one year. He stated that the Harbor Committee has developed a set of proposed rules and procedures, which could serve as the charter for a Harbor Commission. He stated that the Harbor Committee is recommending that the Commission be advisory only, and added that if the City Council wanted the Commission to have permit and appellant authority, Title 17 of the Newport Beach Municipal Code would have to be amended. Senior Planner Alford noted that the proposed rules and procedures are modeled after the Planning Commission's, with some specific recommendations regarding membership. Mayor Pro Tem Ridgeway stated that the Harbor Committee has worked for over twelve months on the concept of a Harbor Commission. He stated that the original thought regarding the composition of the Commission was to have one appointee per Council district, but it was decided that this would result in a lack of expertise. He stated that ultimately there should be some authority given to the Commission through Title 17, and that the City Council would still have final authority over everything. Mayor Pro Tem Ridgeway stated that the Committee has debated the composition issue and agreed that City residency should be a requirement. Mayor Adams asked if staff had made any estimates regarding the impact to staff that the Commission would have. Assistant City Manager Wood stated that such an analysis had not been done and would depend upon the duties approved for the Commission. Mayor Adams stated that he's in support of a Harbor Commission, but would disagree with the concept if it were to require additional staffing or increase the City's budget. Mayor Pro Tem Ridgeway stated that the Harbor Resources Director would act as the Planning Director does for the Planning Commission. He added that existing staff in the Harbor Resources Division could also take the minutes and he didn't see a significant impact to City resources. Assistant City Manager Wood noted that staff would also possibly have to prepare written reports if the Commission is designed to approve permits or make recommendations on permits. Mayor Adams requested that an analysis of City resources be included in the report to the City Council when the issue of whether to add a Harbor Commission is discussed. Per Mayor Adams' question, City Clerk Harkless stated that the City Clerk's office does not handle the agendas or minutes for the various commissions and committees. Volume 54-Page 500 City of Newport Beach • • Study Session Minutes October 9, 2001 INDEX Council Member Bromberg stated that it is important not to politicize the proposed Commission by having District appointments. He pointed out that the recommended composition is suggesting that there be two members that reside on the harbor. He stated that the most significant factor when selecting the members should be their expertise. Council Member Glover disagreed that District appointments would politicize the Commission. Council Member Bromberg stated that care just needs to be taken, since it's a new Commission. Mayor Adams stated that he would like to see the bylaws include limiting projects for review to those referred to the Commission by the Planning Commission, the City Council, or the City Manager. He stated that it should help in minimizing the length of the public hearing process. Regarding the level of expertise of the members, Mayor Adams stated that the idea of a commission is to have residents of the City oversee what staff is doing and make sure that the interests of the citizens are kept in mind. He stated that City staff members are the experts, and having a commission composed of experts would be a departure from what has been done in the past. Council Member Bromberg agreed that the City should proceed cautiously. Mayor Pro Tem Ridgeway stated that the Committee is looking for direction from the City Council on the issue of membership for the new Commission. He suggested that the technical advisory committee that is being discussed include the expertise desired by some for the Commission. Mayor Adams stated that the membership selection for the proposed Harbor Commission could take place as it does for the Planning Commission, which is not necessarily an appointment by District but is done from a pool of candidates Citywide. Seymour Beek, Harbor Committee member, stated that although he lives on Balboa Island, the Harbor Committee does have representatives from other areas in the community as well. He stated that expertise can be found in every District. Mr. Beek expressed his pleasure for the support of a Harbor Commission and stated that there is a great need for it. He stated that he could readily think of thirteen topics that would appropriately be discussed by a Harbor Commission. Council Member Glover agreed that it was time for a Harbor Commission. She added that she'd like to see the entire City Council vote for the membership. She further agreed that citizens' viewpoints are needed and that a technical advisory committee would be a good idea. Mayor Pro Tem Ridgeway stated that commissions are intended to be citizens reviewing citizen requests. He stated that they're not designed to be technical bodies. Council Member Bromberg stated that the way a committee, commission or Volume 54-Page 501 City of Newport Beach • • Study Session Minutes October 9, 2001 INDEX board is politicized is to appoint people who have specific interests. He added that staff should also be given direction to have the membership staggered. John Corrough, Harbor Committee member, stated that an interesting aspect of the Committee's membership is the number of hats that each person wears. He stated that there is a diverse cross section of people interested in the environment, business and recreation. Mr. Corrough requested that the proposed Commission also have diversity in interests and strengths. He stated that he would soon be speaking in Fort Lauderdale, Florida about what the City of Newport Beach has done towards taking control of its harbor. Council Member Proctor noted the two opposing viewpoints, one being that a Harbor Commission would add another layer of bureaucracy and the other that it would provide a single focal point for harbor issues. He asked what is wrong with the current system that would require a new commission and another layer of bureaucracy. Mayor Adams suggested that this information be included in the staff report. Mayor Pro Tem Ridgeway stated that the bay was ignored for a number of years and the only time the City Council was involved was when there was an appeal of a decision by the Harbor Resources Department. He stated that it's time that the harbor was run as a business. He noted that at the meeting of the Harbor Committee earlier in the day, an appraisal was discussed regarding the operation of the harbor. He stated that the Committee spent the time to critique the appraisal, which hadn't been done in the past. He stated that a proactive approach regarding the harbor is needed, although nothing is really wrong with the current system. Council Member Bromberg suggested that staff place the item on a future City Council meeting agenda with recommendations to establish a Harbor Commission and rules of procedures. Regarding Council Member Proctor's earlier question, Assistant City Manager Kiff stated that it's important for the City to have the residents' perspective when facing harbor issues. Council Member Glover stated that Seymour Beek and Gary Hill approached her several years ago, when she was chairman of the Harbor Quality Committee, with some valid concerns about the bay and water issues. She stated that the City Council and the City Manager had been remiss in addressing the issues. She noted that the waterways are the heart of the City and she believes that a Harbor Commission is needed, although staff time will be required. She stated that some issues need to be attended to but she doesn't see a change to those who live and enjoy the harbor. Mayor Adams requested that the City Manager provide an indication of when the item would return to the City Council at the next City Council meeting. Volume 54-Page 502 City of Newport Beach • Study Session Minutes October 9,2001 INDEX Mayor Pro Tem Ridgeway announced that the Harbor Committee is scheduled to meet on October 30,2001,and the item has not been agendized. ANALYSIS OF POLICE OPERATIONS—JULY 4,2001. 4th of July Police Operations Police Chief McDonell stated that the Police Department reached out to the (70) West Newport community early in the planning stages for this year's 4th of July, to work with them and address their concerns. He stated that the ommunity formed an Ad Hoc Committee and staff met with them several es. He stated that, as a result, more portable restrooms were added in th triangle square area and the enforcement profile was increased. Chief Mc ell stated that field booking stations were added, and that this resul in an increase in arrests of about 23%. He stated that he would be showin short video of some of the events of the day, and that it gives a good in tion of the mass of humanity that the Police Department deals with durin a holiday and how difficult it is to experience the impact. Chief McDone poke briefly during the video presentation: He stated that most arrests we for drunk or disorderly behavior, and that the evening brought on a mo intoxicated crowd. He noted the happy crowd and literally thousands f people moving in one direction down Balboa Boulevard. The field ookmg stations were also shown. Chief McDonell stated that they had a . nee from the Building Department in dealing with rooftop parties and Qvercapacity on balconies. He noted that some parties had to be closed don and people removed from private properties that weren't their own. The field command post,located at the rear of City Hall, was also shown. He ted that over 100 people were processed through the facility during the ho 'day. Chief McDonell noted a scene where a street had to actually be cleared, He stated that the garbage issue is significant and the Police Departme�4 is proposing that garbage containers be added at the street ends for the 20" holiday. The final sweep at the end of the evening was also shown, and it wa noted that it has to be done or the party would never end. Chief McDonell stated that of the arrests ma , 88% were male, 87% were Caucasian, 130/9 were Newport Beach residents, nd the average age was 22. He noted that traffic was higher during the 200 holiday and there was a problem with getting the cars out of the community ter in the evening. He stated that the Police Department hopes to work Traffic Engineering and CalTrans in the future to have the signal cy s changed. Chief McDonell stated that the cost for law enforcement durin a holiday totaled $95,500, and included $15,300 for the Sheriffs Departme and $24,000 for California Highway Patrol. Council Member Proctor thanked the Police Department on alf of the West Newport community. He stated that the cooperation be een the citizens and law enforcement was remarkable, and that the office should be commended. Council Member Glover asked if the City could legally restrict who is allo on the peninsula during the holiday. City Attorney Burnham stated that can be done if it is not done selectively. He stated that streets can be closed. � Volume 54-Page 603 City of Newport Beach • . �• Study Session Minutes October 9,2001 INDEX Mayor Pro Tem Ridgeway noted that there are a great number of rental units in the area and that there is some effort to increase the number of "t",owner-occupied units. He stated that it will take significant planning and 1#volvement by the City and the community to be successful, but is a c*plex, long-term solution. Chief McDonell felt that there was an imovement in getting residents back to their homes at the Balboa Boul�vard/River Avenue checkpoint. Bob Snail, property owner on 39th Street, stated that, at best, law enforcemeAt only provides for controlled chaos and that serious things are on the verge A happening. He knows that there isn't a simple solution, but noted the va�oous cities that used to have such problems but somehow eliminated the",growds. Mr. Small stated that the City seems to make it convenient for people to come down and party. He stated that it should be more difficult to cane onto the peninsula and move around, and that this would act as a dete t. PUBLIC COMMENTS—None'r, x 1 ADJOURNMENT—6:00 pm. The agenda for the Study Session Was posted on October 3, 2001, at 2:40 p.m. on the City Halt Bulletin B*d located outside of the City of Newport Beach Administration Building.`., v, 'f �4 L Recording§GFretaw Mayor City Clerk Cautoa` Volume 64-Page 504 i 0 CITY OF NEWPORT BEACH HARBOR COMMITTEE AGENDA DATE: Thursday, December 16, 1999 PLACE: City Council Chambers (City Hall) TIME: 7:00 A.M. AGENDA ITEMS: 1. Introduction of committee members and guests. 2. Additional agenda items requested by members for next meeting or for immediate consideration. 3. Review and approval of the minutes of meeting 11/30/99. 4. Public comments. Members of the public may comment on any matter of public interest. 5. Ongoing discussion of Proposed Newport Beach Harbor Element. 6. Non-harbor element issues. 7. Time and date of next meeting. • 0 CITY OF NEWPORT BEACH HARBOR COMMITTEE DATE: 11/30/99 TIME: 7:00 A.M. LOCATION: City Council Chambers ATTENDEES: Seymour Beek,Tim Collins,John Corrough, Gary Hill,Tom Houston,Tony Melum,Gary Meyer, Bill Mountford,Mark Murrel, Councilman Ridgeway, Ralph Rodheim, Mark Sites, Dick Stevens,Lee Sutherland, Patricia Temple,Clive Towndrow, Mike Whitehead ABSENT: Marshall Steele,Jean Watt Members and guests introduced themselves. The minutes from 11/16/99 were approved. Public comments: It was asked who is responsible for dredging under the Moorings,the city or the Army Corps of Engineers. Tony said that he will find out. It is felt that since the Upper Bay was dredged the harbor area has become worse. Tony said that there is a harbor-wide plan being put together. The Corps will do a survey and then the City will do a survey to find the worst areas. Discussion of electric charter boats and waiver of charter boat permit fees: Tod presented a plan from Joe Warren, of Angela Louise, that would waive the fee and change the ordinance for electric boats in the harbor. The committee felt this should be referred either to Bob Vernon or The Harbor Quality Committee. Harbor Element discussion: Patricia went over the questions she needed to have clarified and shared her areas of concern to assist her in completing the report: In the document, the term Harbor Advocate is used, then switches to Harbor Commission. Patricia asked specifically what was meant. The committee said the two are different,the advocate should be someone who is connected politically, is knowledgeable and more of a lobbyist. Dave Kiff has been working as the advocate but they felt the position should be more focused exclusively on both the Upper and Lower Bay, The Harbor Commission would be there to offer support and advise to the advocate. Patricia asked what we would offer as incentives for development of guest docks and anchorages but it was felt that the word encouragement should be used instead. Areas will not be identified now. She was told to make any wordsmithing changes in the document that she felt was needed. Other terms were explained and some background was offered. Patricia will continue to work on the document and will bring an updated version back to the next committee meeting. Ralph distributed a memo from a sub-committee that met to discuss asking the City Council for a Harbor Commission appointment. Tod asked Patricia to put on the City Council Agenda a resolution of extension the Harbor Committee's appointment for three more months. The next meeting will be held on Thursday,December 16 at 7:00 am in the City Council chambers. Meeting adjourned at 8:30 am. CITY OF NEWPORT BEACH HARBOR COMMITTEE AGENDA DATE: Tuesday, February 1, 2000 PLACE: City Council Chambers TIME: 7:30 A.M. AGENDA ITEMS: 1. Introduction of committee members and guests. 2. Additional agenda items requested by members for next meeting or for immediate consideration. 3. Review and approval of the minutes of meeting 1/18/00. 4. Public comments. Members of the public may comment on any matter of public interest. 5. Discussion on the Christmas boat parade and permit process. 6. Discussion on Clean Harbor Day with Wes Armand. 7. Ongoing discussion of Proposed Newport Beach Harbor Element. 8. Non-harbor element issues. 9. Time and date of next meeting. CITY OF NEWPORT BEACH HARBOR COMMITTEE DATE: 1/18/99 TIME: 7:00 A.M. LOCATION: City Council Chambers ATTENDEES: Seymour Beek,John Corrough,Gary Hill,Tom Houston,Tony Melum, Bill Mountford, Mark Murrel,Ralph Rodheim, Marshall Steele, Dick Stevens, Lee Sutherland,Clive Towndrow,Jean Watt,Mike Whitehead ABSENT: Tim Collins, Dave New, Councilman Ridgeway,Mark Sites The minutes from 12/16/99 were approved with the addition that a value of the harbor was included in the element plan. Marshall requested that a discussion of Clean Harbor Day be agendized for the next meeting. He is putting a program together. It has been discussed that Clean Harbor Day and the Coastal Clean-Up Day be combined, but it was felt we need both days, one in the spring and one in the fall. Wes Armand will be requested to attend to participate in the discussion. Another addition for the next meeting's agenda will be on the Christmas boat parade and out of town boats coming into the area. These boats use up parking spaces and it seems it has gotten too commercial,rather than a private function. City staff will prepare a report on how the permit system works and Glenn Everroad and Wes Armand will be asked to attend to help explain. Tony briefly explained the eelgrass mitigation policy and shared the letter that he received from the Army Corps of Engineers. 8 locations will be planted in April. The City has been reluctant to sign the agreement that is due back by February 14. There is concern that residents should receive some relief if eelgrass grows into adjoining areas. There is no mitigation threshold so if there is one blade grass there is a requirement for mitigation. A special meeting was called for Friday to draft a position paper to take to Representative Rohrabacher regarding the eelgrass mitigation policies. Ralph and others will meet with him for follow- up discussion on the paper. Harbor Element discussion: Ralph spoke with Patricia today and she said that her department has made no progress in drafting the harbor element because of other pressing issues. The committee felt that Tod and Norma need to be made aware of this situation immediately and for them to come up with a plan to help. The next meeting will be held on Tuesday,February 1, 2000 at 7:30 a.m. at the City Council Chambers. Meeting adjourned at 8:30 am. �c�tiW PpR� 1> CITY OF NEWPORT BEACH U x HARBOR COMMITTEE AGENDA DATE: Wednesday, March 1, 2000 PLACE: City Council Chambers TIME: 7:30 A.M. AGENDA ITEMS: 1. Introduction of committee members and guests. 2. Additional agenda items requested by members for next meeting or for immediate consideration. 3. Review and approval of the minutes of meeting 2/1/00. 4. Public comments. Members of the public may comment on any matter of public interest. 5. Ongoing discussion of Proposed Newport Beach Harbor Element. 6. Non-harbor element issues. 7. Time and date of next meeting. p m� CITY OF NEWPORT BEACH r HARBOR COMMITTEE MINUTES DATE: 2/1/00 TIME: 7:30 A.M. LOCATION: City Council Chambers ATTENDEES: Patrick Alford,Wes Armand, Tom Collins,John Corrough, Glenn Everroad, Tom Houston,Tony Melum, Gary Meyer, Bill Mountford,Mark Murrel, Councilman Tod Ridgeway,Ralph Rodheim, Dick Stevens,Lee Sutherland,Jean Watt, Mike Whitehead ABSENT: Seymour Beek, Gary Hill, Dave New, Mark Sites, Marshall Steele, Clive Towndrow Committee members and guests introduced themselves. The minutes from 1/18/2000 were approved. Jean Watt provided the committee with copies of the bond issues (items 12 and 13) that are on the next election ballet that directly or indirectly provide funds for upper bay maintenance dredging and other improvements. She asked the committee to review and support those issues. A brief recap of the eelgrass issue subcommittee who met with Rohrbacher was made. After he was filled in on the issues he indicated that he would be willing to listen to us in the future and possibly lend support to whatever the City does. A subcommittee with Tony Melum, Seymour Beek and John Corrough was formed. They will draft a position paper delineating the committee's position on eelgrass mitigation and bring it to the next meeting. There was a discussion on whether the Christmas Boat parade has become too commercial. Are there more commercial than residential vessels and is there a larger influx of out of harbor vessels? Wes Armand indicated with the '99 parade, 9 vessels during that week were from other harbors. Together they had 24 separate charters. Glenn Everroad gave an overview of the permit procedures under Section 518 of the code. Tod indicated that we need more enforcement once permits are issued, such as for parking and boarding. He felt an opportunity for increased enforcement could arise if the City Council decides to go from permits to leases on tidelands. A sub-committee was formed, chaired by Mike Whitehead with assistance from Glenn Everroad, to prepare a report on the issuing of permits. They will report back in April. Wes Armand said the Clean Harbor Day will move from the Chamber to the Nautical Museum by 2001. Both groups will promote it for now,with a new emphasis on education as well as cleanup. Tod will agendize this at the next Harbor Quality Meeting. Patrick addressed the committee on the proposed Harbor Element. There was a discussion on whether the document should be incorporated into the existing general plan or stand alone in the general plan format. It was decided that it be a stand-alone document. Patrick will rewrite the plan and return it to the next meeting. The next meeting will be held on Wednesday, March 1, 2000 at 7:30 a.m. at the City Council Chambers. Harbor Quality V Citizens Advisory Committee _ cg4-1For, Thursday, March 2,2000 3:00 p.m. Newport Harbor Nautical Museum LOCATION 151 East Pacific Coast Highway CHANGE! 949-675-8915 1 -Welcome/Self Introductions 2--Approval of February 3,2000 Meeting Minutes RECOMMENDATION: Move approval of Minutes as presented 3-Public Comments on Non Agenda Items 4-Old Business a.Water Quality Test Results(M.Mazur)-Update on recent water quality testing within Newport Bay and the shoreline. RECOMMENDATION. Receive and file verbal report b.Water Quality Education Plan(J.Martinez,D.Kiff)-Education Plan involving Surfrider and the Newport Harbor Nautical Museum. 1 RECOMMENDATION: Forward to City Council for approval c. Newport Island Survey(T.Melum)-Results of a survey mailed to Newport Island residents about water quality and possible improvements. RECOMMENDATION: Receive and file verbal report 5--New Business a.NPDES Municipal Activities(D.Kiff)-Discussion of proposal to bring a water quality education plan to the City Council for adoption and funding. RECOMMENDATION: Make Recommendation to City Council,if appropriate b. Clean Harbor Da -CCity's Participation(T.Melum)-What role should the City and the Committee play in Clean Harbor Day(April 29,2000)? RECOMMENDATION: Make Recommendation to City Council,if appropriate 6— Updates from Other Committees (Newport Bay Coordinating Council,Orange County Coastal Coalition,more) 7--Topics for Next Agenda 8--Set Next Meeting Date RECOMMENDATION: Call next meeting for April 6,2000 9 -Adjournment £, ;lam n� Y HARBOR COMMITTEE September 7,1999 CITY STAFF 949-863-9099/F 949-863-9010 Councilwoman Norma Glover Mr. John Corrough 450 Santa Ana Ave. 1004 So. Bay Front Newport Beach, Ca 92663 Balboa Island, Ca 92662 949-548-3212/F 949-650-1713 949-673-8077/F 949-673-8027 e mail; jcorrough@ao1.com Councilman Tod Ridgeway 1400 W. Bay Ave. Mr. Gary Hill Newport Beach, CA 92661 P. O. Box 660 949-721-9490/H 949-673-8017 Balboa, CA 92661 F 949-673-9214 949-675-0740/F 949-675-9950 Chief Tim Riley Mr. Tom Houston Fire and Marine Department 4695 Mac Arthur Court, Ste. 1000 949-644-3101/F 949-644-33378 Newport Beach, CA 92660 949-660-1717/H 949-673-2544 Deputy Chief Tony Melum F 949-660-1991 Marine Environmental Division 949-644-3041/F 949-673-3056 Mr. Bill Mountford 1931 West Pacific Coast Hwy. Patty Temple, Director Newport Beach, CA 92663 Planning Department 949-642-5031/F 949-650-5407 949-644-3228/F 949-644-3250 Mr. Dave New Sharon Wood, Asst. City Manager 829 Harbor Island Drive Planning Department Newport Beach, CA 92660 949-644-3222/F 949-644-3250 949-673-0360/F 949-673-0625 Mr. Ralph Rodheim COMMITTEE MEMBERS 125 E. Baker Ste. 266 Costa Mesa, CA 92626 Mr. Seymour Beek 714-557-5100/F 714-557-5109 410 S. Bay Front e-mail; rmg@loc.net Newport Beach, CA 92662 949-673-1070/F 949-673-1639 Mr. Mark Sites P. O. Box 498 Mr. Tim Collins Balboa Island,CA 92662 3600 Birch St., Ste. 100 949-673-0993/F 949-675-1071 Newport Beach, CA 92660 Mr. Lee Sutherland 1401 N. Bay Front Mr. Norris Tapp Balboa Island, Ca 92662 Davey's Locker 949-675-0872/F 949-675-0564 400 Main Street e-mail; lees@pacbell.net Newport Beach, CA 92661 949-673-1434/H 949-660-1177 Mr. Clive Towndrow Fax 949-673-5341 Psitech 18368 Bandilier Circle Mr. Marshal Steel Fountain Valley, CA 92708 151 East Coast Hwy. 714-964-7818/F 714-968-7884 Newport Beach, Ca 92660 e-mail; clive2@home.com 949-675-8915 Mr. Richard S. Stevens,President Ms.Jean Watt Bellport Group 4 Harbor Island 201 Shipyard Way, Suite 1 Newport Beach, CA 92660 Newport Beach, CA 92663 949-673-8164 949-673-9330/Fax 949-673-1338 Mr. Mike Whitehead 383 Rochester Costa Mesa,CA 92627 949-645-8445/F 949-631-7223 e-mail;mikepboathousetv.com GUESTS Mr. Mark Kehke Sierra Pacific Enterprises 19700 Fairchild Rd., Ste. 150 Irvine, CA 92612 Captain Gary Meyer Hornblower 13755 Fiji Way Marina Del Rey, CA 90292 310-301-6000x624/Fax 310-578-5920 Mr. Mark Murrel The Murrel Company 2439 West Coast Hwy.,Ste. 200 Newport Beach, CA 92663 949-722-1131/Fax 949-722-9244 o CITY OF NEWPORT BEACH n v HARBOR COMMITTEE AGENDA cqI FpR�y�P DATE: Wednesday, March 15, 2000 PLACE: City Council Chambers Conference Room TIME: 7:30 A.M. AGENDA ITEMS: 1. Introduction of committee members and guests. 2. Additional agenda items requested by members for next meeting or for immediate consideration. 3. Review and approval of the minutes of meeting 3/1/00. 4. Public comments. Members of the public may comment on any matter of public interest. 5. Dredging general permit report- continue to next meeting (Tony Melum in Carmel). 6. Derelict vessel update- continue to next meeting (Tony Melum in Carmel). 7. Ongoing discussion of Proposed Newport Beach Harbor Element(report from sub-committee). 8. Non-harbor element issues. 9. Time and date of next meeting. �C Pp�� CITY OF NEWPORT BEACH v � HARBOR COMMITTEE MINUTES C,�LI Fp R�yP DATE: 3/1/00 TIME: 7:30 A.M. LOCATION: City Council Chambers ATTENDEES: Patrick Alford,Seymour Beek,John Corrough, Tom Houston, Tony Melum, Gary Meyer, Polzi Miller, Bill Mountford,Mark Murrel, Councilman Tod Ridgeway,Ralph Rodheim, Mark Sites, Mike Whitehead ABSENT: Tim Collins, Gary Hill, Dave New, Marshall Steele, Dick Stevens,Lee Sutherland, Clive Towndrow Committee members and guests introduced themselves. Dick Stevens has some health issues and will not be at the meeting. The minutes from 2/1/2000 were approved. Additional agenda items requested by members for next meeting or for immediate consideration: Mark Sites requested that discussion of the dredging permit be on the next meeting's agenda. Seymour Beek requested that an update on derelict boats be on the next meeting's agenda. The committee's future will also be discussed at the next meeting. Tony Melum will request that another three-month extension of the committee be on the next City Council Meeting agenda. It was unanimous that we go forward as a commission at a later date. A short document will be put together that defines the committee's role and duties. Patrick will go to the City Attorney and City Clerk to find out what documents we need to complete this,how many people will be appointed, and what steps are next. Seymour and Patrick will meet to go over the documents. It will be discussed with each of the City Council people. There was a discussion on what City Department is responsible for what area. Planning- all planning issues stop at the bulkhead line or at mean high tide line. Building Dept. - Current jurisdiction is over private bulkheads and cantilevered decks. They plan check and inspect all private electrical and plumbing bayward. Marine Dept. - Does not perform plan check, but issues permits for bulkheads and anything bayward. They perform inspections on public structures and bulkheads and anything bayward (piers and floats). Public Works Dept. - They plan check and inspect most construction over public lands. This does not include private bulkheads. This function may be transferred to the Building Dept. Discussion in process. Councilman Ridgeway said that the City has approved the 71h million dollar Balboa Village rehab plan. The property owners will be assessed one million dollars for putting the utilities underground. Patrick passed out the updated version of the Harbor Element Plan. A sub- committee will be formed and will meet on Friday, 3/3, to go over the plan and revise it even more. The next step will be to go to the City Council for approval, then to the Planning Commission and the Coastal Commission. Each level will have to have public notice. The next meeting will be held on Wednesday, March 15 2000 at 7:30 a.m. at the City Council Chambers Conference Room. z. F �Wpo CITY OF NEWPORT BEACH 0 n HARBOR COMMITTEE AGENDA FOR�'�P DATE: Tuesday, May 2, 2000 PLACE: City Council Chambers TIME: 7:30 A.M. AGENDA ITEMS: I. Introduction of committee members and guests. 2. Additional agenda items requested by members for next meeting or for immediate consideration. 3. Review and approval of the minutes of meeting 4/11/00. 4. Public comments. Members of the public may comment on any matter of public interest. 5. Ongoing discussion of Proposed Newport Beach Harbor Element(report from sub-committee). 6. Non-harbor element issues. 7. Time and date of next meeting. ! • 4k CITY OF NEWPORT BEACH v 4 HARBOR COMMITTEE MINUTES DATE: 4/11/00 TIME: 7:30 A.M. LOCATION: City Council Chambers ATTENDEES: Patrick Alford,Seymour Beek,Tim Collins,John Corrough,Tom Houston, Gary Meyer,Plazi Miller, Dave New, Bill Mountford, Mark Murrel,Ralph Rodheim, Mark Sites, Lee Sutherland,Clive Towndrow,Jean Watt, Mike Whitehead ABSENT: Gary Hill, Marshall Steele, Dick Stevens, Coucilman Rod Ridgeway Committee members and guests introduced themselves. There were no additional agenda items requested by members for next meeting. The minutes from 3/15/2000 were approved. Dredging- General Report Tony Melum gave an update on the process for renewing the general permit. We will be trying to meet with coastal staff to get some additional concessions prior to the main meeting. Currently, the permit is on the May meeting agenda for the Coastal Commission. Hopefully, the permit will be issued after that meeting. There was a brief discussion on the dredging in the Lower Bay navigational channels. Tony indicated that we are working with the Corps to come up with an exhibit to quantify exactly what the problems are and to begin the dredging process. Derelict vessel update Tony indicated that during the first go-around there were 12 vessels identified as derelict vessels. 7 were removed from the harbor and 5 were repaired. The Harbor Patrol has identified another 15 vessels and we are beginning the process with those 15. The Harbor Patrol would like to continue handling the issue in blocks of 10 to 15, as it makes the problem more manageable for them. The City has agreed on that process. Harbor Element Discussion continued on the proposed Newport Beach Harbor Element. Current copies of the draft were given to those who attended.-Committee members are to review it in detail and make their comments available to Patrick who will compile them. The subcommittee will meet on 4/20 to complete their input on the final draft element. Final comments will be presented at the next meeting in preparation of the final document. There were no non-harbor element issues discussed. Dave Kiff will be invited to the next meeting to speak on the upper bay dredging. The next meeting will be held on Tuesday,May 2, 2000 at 7:30 a.m. at the City Council Chambers. P�R�. CITY OF NEWPORT BEACH ~ HARBOR COMMITTEE AGENDA FpVL DATE: Tuesday, June 6, 2000 PLACE: City Council Chambers TIME: 7:30 A.M. AGENDA ITEMS: 1. Introduction of committee members and guests. 2. Additional agenda items requested by members for next meeting or for immediate consideration. 3. Review and approval of the minutes of meeting 5/2/00. 4. Public comments. Members of the public may comment on any matter of public interest. 5. Results of the proposed Newport Beach Harbor Element presentation to the City Council Study Session. 6. Results of Coastal Commission meeting and the general dredging permit. 7. Derelict boats on moorings in the harbor. 8. Non-harbor element issues. 9. Time and date of next meeting. k.��WPp�T o a�, CITY OF NEWPORT BEACH A HARBOR COMMITTEE MINUTES C�L�Fp R��P DATE: 5/2/00 TIME: 7:30 A.M. LOCATION: City Council Chambers ATTENDEES: Patrick Alford, Seymour Beek,John Corrough,Tom Houston, Dave Kiff, Tony Melum, Gary Meyer, Bill Mountford, Mark Murrel, Dave New,Jim Nicoletti, Councilman Tod Ridgeway, Ralph Rodheim, Marshall Steele, Lee Sutherland, Clive Towndrow, Mike Whitehead ABSENT: Tim Collins, Gary Hill, Mark Sites, Dick Stevens Jim Nicoletti introduced himself as a representative from Bellport. Additional agenda items: The Marine Environmental Division has been separated from the Fire and Marine Department and now reports to Dave Kiff. They will be focusing on more water quality issues and harbor regulation enforcement. The City Manager would like to become more involved with harbor issues. Marshall went on record to say that his company, Construction Resources,would like to be included on the dredging meetings as are Mark Sites and Plozi Miller. He was told to send a letter requesting inclusion to Dave Kiff and copy Tod. The minutes from 4/22/00 were approved. Dredging- General Report Dave and Tony will attend the Coastal Commission in Santa Rosa next week and, hopefully, will come back with the general dredging permit. We have had to make some concessions and will be required to have more chemical testing done,but the City will have more control over dredging. Dave said that he is arguing that the Eelgrass should be pulled where it should not be growing and put where it is suppose to be growing. We will get credit for Eelgrass proliferation. There are concerns about the areas in the harbor that are impassible during low tides and need to be dredged. The Army Corps of Engineers will do a dredging survey 4 on the design depths of the harbor. This could be affecting the public access and tourism and we could get Congress to fund the dredging. Dave said that the passing of Proposition 12 will help in the Upper Newport Bay dredging project. The results of the Corps study will come out this month. This is a 28 million dollar project that will reset the back bay back to its natural ecosystem. The project plans and specs should be done by October and work will start around April. This project has a 20-year lifetime. The Harbor Committee's appointment has been extended through June but the committee would like to present the harbor element as soon as possible. A motion was passed unopposed to present the harbor element document to the City Council Study Session next week with the ability to make small changes by tomorrow at noon. An introduction page will be added. A sub-committee will meet on Friday to plan the strategy for presentation at the study session and the recommendation that a Harbor Commission be appointed. The Harbor Element will be presented to the Planning Commission in the third week of May. Patrick said that we need to work on the revisions that the harbor element will create in the Harbor Policies and Municipal Code. Non-Harbor Element Issues: Tod expressed the publics concern with dredging equipment being stored in the mooring areas. He requested that Tony look into other areas of the harbor were the equipment can be stored that is less focal. Items for next meeting: • Derelict boats on the moorings. • Review the outcome of the study session regarding the harbor element. • Review the results of the Coastal Commission meeting and our dredging permit. The next meeting will be held on Tuesday,June 6,2000 at 7:30 a.m. at the City Council Chambers. a CITY OF NEWPORT BEACH U HARBOR COMMITTEE AGENDA cQ/1-a�\ DATE: Tuesday, June 27, 2000 RECEIVED BY PLANNING DEPARTkIENT 4 A V T ice^ 7:AVH7" CITY o� '� , P PLACE: City Council Chambers 1 ,�,1 21 2060 AM Pik TIME: 7:30 A.M. ?1819110i1�11i11i3141506 AGENDA ITEMS: 1. Introduction of committee members and guests. 2. Additional agenda items requested by members for next meeting or for immediate consideration. 3. Review and approval of the minutes of meeting 6/6/00. 4. Public comments. Members of the public may comment on any matter of public interest. 5. Results of the proposed Newport Beach Harbor Element presentation to the City Council Study Session. 6. Results of Coastal Commission meeting and the general dredging permit. 7. Derelict boats on moorings in the harbor. 8. Designate appointee to General Plan Committee. 9. Non-harbor element issues. 10. Time and date of next meeting. e ��tiW Pp�� 0 CITY OF NEWPORT BEACH u HARBOR COMMITTEE MINUTES CAL!Fp R��P DATE: 6/6/00 TIME: 7:30 A.M. LOCATION: City Council Chambers ATTENDEES: Patrick Alford, Seymour Beek, Tim Collins,John Corrough,Jeanie Kelly, Dave Kiff,Tony Melum, Gary Meyer, Plazi Miller,Mark Murrel,Jim Nicoletti, Councilman Tod Ridgeway, Ralph Rodheim, Mark Sites,Lee Sutherland, Mike Whitehead,Dr. R. Woodruff ABSENT: Gary Hill,Tom Houston, Dave New, Dick Stevens, Clive Towndrow Additional agenda items: A motion was passed for the committee to write a letter to the Harbor Department to request more enforcement of the noise ordinance. The charter boats are usually the offenders. To report offenders, time and boat names need to be recorded. The minutes from 5/2/00 were approved. Public Comments: Dr. Woodruff, from Channel Reef, said that they urgently need to dredge. Boats are up on the sand. Tony said that this project also needs a State Lands Commission permit because of where it is located. Tony said that the Tom Rossmiller with the County, is handling the Commission permit and Tony was told that they haven t met recently. Tony will contact Rossmiller to push forward. Tony advised that acquiring dredging permits will be an ongoing problem and must be planned for well in advance (6 months to a year). A motion was passed to draft a letter to the State Lands Commission expression our concern over property damage and potential liability. Results of the Harbor Element presentation to the City Council Study Session: Ralph presented the Harbor Element to the study session. The Planning Commission is meeting on Thursday and we would like to get it on their agenda. It will then go onto the City Council. The committee discussed the changes that were suggested. We want to emphasize that residential property is a major component. New commercial areas will be a challenge because they must be compatible with residential. The final draft will be completed. The City Council may be in support of a Harbor Commission. We need to find out how they will be elected. The process is vague and we may need to go through City Council Policy with authority established in the Municipal Code. The commission will work with City staff, as we are not trying to add another bureaucratic step. There will be a subcommittee meeting on Tuesday to come up with recommendations for the commission. The recommendations will be taken to the first study session in July, then on to the City Council. The next meeting will be held on Tuesday,June 27, 2000 at 7:30 a.m. at the City Council Chambers. 0 0 CITY OF NEWPORT BEACH G7 �9 COMMUNITY AND ECONOMIC DEVELOPMENT y� € 3* PLANNING DEPARTMENT ��en Itoir aindluinnt J SSoo NEWPORT]BOULEVARD p NEWPORT BEACH,CA 92658 (949)644®5200;FAX(949)644-7,250 TO: Harbor Commission FROM: Patrick Alford, Senior Planner DATE: July 7, 2000 SUBJECT: July 11, 2000 City Council Hearing Ralph Rodheim wanted the Committee membership to know that City Council staff report is recommending 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. If you have any questions, please call me at (949) 644-3235 or e-mail to alfordk,,city newoort-beach.ca.us. 1 o CITY OF NEWPORT BEACH 15 HARBOR COMMITTEE MINUTES DATE: 6/27/00 TIME: 7:30 A.M. LOCATION: City Council Chambers ATTENDEES: Patrick Alford, Seymour Beek,John Corrough, Tom Houston, Dave Kiff, Tony Melum, Gary Meyer, Ralph Rodheim, Mark Sites, Dick Stevens Ralph welcomed Dick Stevens back. The minutes from 6/6/00 were reviewed and approved. Ralph asked Tony to give an update on the Channel Reef dredging concerns. Tony called State Lands and received an approval for this one project. Channel Reef decided not to proceed for now. The City's position in dredging and disposal in other locations in the harbor will become more as facilitator and advocate. Noise ordinance -Seymour wrote a letter to the Harbor Patrol regarding their enforcement of the noise ordinance on charter boats. Marty talked to Ralph and said that in order for them to react there must be a victim and a complaint. The charter industry is trying to solve their problems. They limit decibels, no speakers on the outside deck, no open windows. The smaller boats have been more of a problem. This was tabled and will be dealt with by the Harbor Commission should it become appointed. Public comments: Dave explained that with the passing of Proposition 12,the money is sitting in a fund for distribution in September. One benefactor circumvented the process and over appropriated for their area. We a trying to blue-line our money and have it immediately distributed to us. We will bank it and use it next year. We have 3 years to complete the expenditures. Tony is still working on getting all of the Newport areas back into the dredging general permit (there are 8 areas now, and we are working on 4 more areas). For now each area not within the permit may file individually. Harbor Commission: t 1 Patrick passed a draft of what the sub-committee came up with for the proposed Harbor Commission. The committee moved to place the presentation on the next City Council's agenda for approval. The harbor element was discussed. Patrick suggested the areas that state economic use be eliminated. The document will go to the Planning Commission and then onto the City Council. Ralph will send out a letter to all committee members, asking them to either volunteer or vote for an appointee to the General Plan Committee. He will find out their role and the time commitment. Dave will e-mail a copy of the letter he is sending to the Governor regarding AB1740 and Proposition 12 from the Mayor. He requested that everyone sign one and send it also. Tony said we are still waiting for the liability agreement that was sent to the Coastal Commission to be approved for the completion of the general dredging permit. The committee is unsetting and no meeting was set. t � \ 7Cc o e CITY OF NEWPORT BEACH u HARBOR COMMITTEE AGENDA �,�trFOR�`P DATE: Tuesday, August 29, 2000 PLACE: City Council Chambers TIME: 7:30 A.M. AGENDA ITEMS: 1. Introduction of committee members and guests. 2. Additional agenda items requested by members for next meeting or for immediate consideration. 3. Review and approval of the minutes of meeting 8/8/00. 4. Public comments. Members of the public may comment on any matter of public interest. 5. Discuss the selection of a mooring area that will be dedicated for storage of construction equipment. 6. Update on the proposed Newport Beach Harbor Element progress and the City Attorney's memo. 7. Discussion of Memo from Dave Kiff to Todd Ridgeway regarding Berthing Practices and Fire Protection Valves. 8. Discussion of status of Harbor Commission proposal. 9. Non-harbor element issues. 10. Time and date of next meeting. k SEW Pp�,T o CITY OF NEWPORT BEACH u HARBOR COMMITTEE MINUTES DATE: 8/8/00 TIME: 7:30 A.M. LOCATION: City Council Chambers ATTENDEES: Patrick Alford, Seymour Beek, John Corrough, Tom Houston, Dave Kiff, Tony Melum, Mark Merrill, Bill Monford, Ralph Rodheim, Tod Ridgeway, Mark Sites, Marshall Steele, Dick Stevens, Mike Whitehead There was an introduction of members and guests. Ralph recommended that elections of new officers be on the agenda for the next meeting. The minutes for 6/27 were approved. Public comments: There was a discussion on the City Attorney's memo dated 7/20/00 regarding the Harbor Element. His general concerns were coastal issues and other things. How should be address Bob's issues, concerns and we need to continue work on balancing the language. Tony will set up a meeting with Bob, Patrick and any concerned committee members. Discussions continued on upland zoning and tidelands issues, but will continue it once we meet with the City Attorney. The meeting adjourned and time and date for the next meeting will be set after the meeting with the City Attorney. 4 PoR CITY OF NEWPORT BEACH iU MEMORANDUM TO: Tod Ridgeway,1st District Council Member FROM: Dave Kiff,Deputy City Manager DATE: August 15,2000 RE: Issues for the Harbor Committee/Commission A few pressing issues have arisen that may be of interest to the membership of the Harbor Committee/Commission as harbor advisors to the City Council. I welcome the opportunity to present them to you and to the Committee at a future date. These issues are: --Berthing Practices. We have found that the berthing practices of several marinas-maybe of many marinas-may violate the City's fire codes. As you may be aware,the Uniform Fire Code adopts by reference National Fire Protection Association standard 303 (Fire Protection Standard for Marinas and Boatyards). Chapter 5-1.1 of this national standard dictates that"each berth shall be arranged such that a boat occupying the berth can be readily removed in an emergency without the necessity of moving other boats." Furthermore the City code requires that certain berthing practices be followed. Neither of the regulations are adhered to in several locations along Mariners Mile and possibly at other marinas in the Harbor. Due to the serious safety issues,we will be providing 30-day notices to correct errant berthing practices to conform with the Uniform Fire Code. --Fire Protection Valves. The Fire Marshal has expressed a concern that many marinas have single water connections that serve two purposes-fire protection and domestic consumption. In a fire situation,responding personnel pressurize the single water system. The higher pressures required for firefighting may damage or destroy appliances and interiors of boats hooked up to the same pipe for domestic supply. Many marinas have addressed this issue by separating the pipes and/or placing pressure adapters on the dual-purpose pipe. Fire safety and protection of boater's investment suggest that this separation or pressure adaptation occur throughout the harbor. As noted,I welcome an opportunity to discuss these matters with the Committee. Please notify me as to the appropriate time to do so. cc: Homer Bludau,City Manager Robin Clauson,Assistant City Attorney Dennis Lockard,Fire Marshal Tony Melum,Director of Harbor Resources City Hall • 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92659-1768 L CITY OF NEWPORT BEACH n HARBOR COMMITTEE AGENDA DATE: Tuesday, August 8, 2000 PLACE: City Council Chambers TIME: 7:30 A.M. AGENDA ITEMS: 1. Introduction of committee members and guests. 2.' Additional agenda items requested by members for next meeting or for immediate consideration. 3. Review and approval of the minutes of meeting 6/27/00. 4. Public comments. Members of the public may comment on any matter of public interest. 5. Update on the proposed Newport Beach Harbor Element progress and the City Attorney's memo. 6. Discussion of status of Harbor Commission proposal. 7. Non-harbor element issues. 8. Time and date of next meeting. CITY OF NEWPORT BEACH o u HARBOR COMMITTEE AGENDA DATE: Tuesday, September 12, 2000 PLACE: City Council Chambers TIME: 7:30 A.M. AGENDA ITEMS: 1. Introduction of committee members and guests. 2. Additional agenda items requested by members for next meeting or for immediate consideration. 3. Review and approval of the minutes of meeting 8/29/00. 4. Public comments. Members of the public may comment on any matter of public interest. 5. Discuss the selection of a mooring area that will be dedicated for storage of construction equipment. 6. Update on the proposed Newport Beach Harbor Element progress. 7. Discussion of Letter from Clive Towndrow to Dave Kiff regarding moorings. 8. Discussion of status of Harbor Commission proposal. 9. Report from mooring sub-committee. 10. Non-harbor element issues. 11. Time and date of next meeting. PART CITY OF NEWPORT BEACH HARBOR COMMITTEE MINUTES C`QL!FO RN�� DATE: 8/29/00 TIME: 7:30 A.M. LOCATION: City Council Chambers ATTENDEES: Patrick Alford, Bob Burnham,Tim Collins,John Corrough,Tom Houston, Dave Kiff,Tony Melum,Plazi Miller, Mark Murrel,Dave New,Ralph Rodheim, Tod Ridgeway, Mark Sites, Marshall Steele, Dick Stevens, Lee Sutherland, Mathis Winkler (Daily Pilot) There was an introduction of members and guests. The minutes for 8/8/00 were approved with corrections. Public comments: Marshall reported that the naval ship that came to the harbor for display was visited by 2,800 on board with another 3,000 viewing the outside. It was very successful. City Attorney's Memo: Bob Burnham attended the meeting and gave his comments on the harbor element. He felt that the report was very balanced. The committee's intent is that we enhance the use of the harbor and keep it user friendly. They want to encourage keeping harbor use businesses that service the boating industry open, not go to all hotel, restaurant and residential uses. Bob suggested that we reorder the document, rephrase some of the residential uses and create an introductory statement. Move from a permit process for the docks to leases. A subcommittee was chosen; including Mark,Seymour,Patrick,John, Todd and Bob Burnham. They will report back with their findings at the next meeting. Construction Equipment Storage: There have been complaints on construction equipment being stored on the moorings. It was suggested that we segregate them to one area,but some felt that would just make them more obvious. Tony will continue to look and study areas to store construction equipment. The area needs to be convenient for the operators to use,but not an eyesore to the residences. 0 Berthing Practices and Fire Protection Valves: There was a discussion on berthing practices and fire protection valves. Lido Marina Village is an example of rafting of boats that could prevent fire fighters from having access in case of fire. Commercial marinas should have fire protection valves installed to protect domestic water usage. There will be further study on what will be done to have commercial marinas comply. Election of Officers: Seymour Beek was nominated as Chairman and John Corrough is vice-chairman. The next meeting will be Tuesday,September 12 at 7:30 am in the City Council Chambers. L _ PoR I CITY OF NEWPORT BEACH U C9GFp9, August 29, 2000 Mr. Clive Towndrow, President Newport Mooring Association Post Office Box 1118 Newport Beach, California 92659 Dear Clive: Thanks for meeting with Tony and me on August 16, 2000 regarding mooring issues. I appreciated the time you took to prepare a letter in advance and to provide me with your Associations November 1998 position paper. I can understand why folks in the Association think that they're not getting a fair deal from the City. Here's what I plan to do, pending additional direction by the City's Harbor Committee and/or the City Council: -- Mooring Amenities &More. I will ask the Harbor Committee/Commission to form an ad hoc group -with Council representation-that would help us tackle some of the challenges we discussed on August 16, like: -- Reviewing our accounting of tidelands revenues; -- Evaluating a transfer of mooring administration from the Harbor Patrol to the City's Harbor Resources Department; -- Increasing the amount of dinghy storage areas along the shore; -- Increasing the amount of amenities (restrooms, showers, etc.) available to mooring lessees; --Establishing long-stay berthing arrangements for dinghies; -- Appraising or otherwise valuing the range of uses in the Harbor, from moorings to residential piers to commercial piers. -- Rate Increase. I do think that we need to continue to maintain a market-related rate on our moorings, but I also believe that there is enough inequity in rate structures for harbor properties that we should limit any mooring rate increase to a nominal, 1-year CPI-based increase while applying an equal or greater increase to other uses. I believe, too, that the formula for offshore moorings should be based on the size of the mooring rather than the length of the boat using the mooring. This increase will not take effect until: City Hall * 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92659-1768 Letter to Mr.Towndrow Augtest 29,2000 Page 2 --The ad hoc Committee meets, deliberates, and prepares a Study Session report to City Council on the issues described above; AND -- Approved by the City Council at a public hearing. I believe we need to take advantage of the energy of the Harbor Committee to move these and other Harbor-related issues forward. Involving the Association, City staff, the Committee and members of the City Council will allow us to reach the best conclusion possible for all parties. Let me assure you that I am committed to addressing each of the issues you raised today in an open and productive manner. I look forward to working with you and the Association on these efforts. Please do not hesitate to contact me via phone (949-644- 3002) or e-mail (dkiff@city.newport-beach.ca.us). Sincerely, i b- DAVID A. KIFF vv Deputy City Manager cc: Mayor and Members of the City Council Homer Bludau,City Manager Members of the Harbor Committee Tony Melum,Director of Harbor Resources Mark Sites,Intracoastal Dredging �� p"R� CITY OF NEWPORT BEACH HARBOR COMMITTEE AGENDA c'� .].COP DATE: Wednesday, February 28, 2001 PLACE: City Council Chambers TIME: 7:30 A.M. AGENDA ITEMS: 1. Introduction of committee members and guests. 2. Additional agenda items requested by members for next meeting or for immediate consideration. 3. Review and approval of the minutes of meeting 1/24/01. 4. Public comments. Members of the public may comment on any matter of public interest. 5. Update on the proposed Newport Beach Harbor Element progress. 6. Report from mooring sub-committee. 7. Discuss removal of storm debris from the harbor-Tony 8. Report on personal property tax for vessels-Tony 9. Non-harbor element issues. 10. Time and date of next meeting. 1 CITY OF NEWPORT BEACH HARBOR COMMITTEE MINUTES DATE: 1/24/01 TIME: 7:30 A.M. LOCATION: City Council Chambers ATTENDEES: Patrick Alford, Seymour Beek, Tim Collins,John Corrough, Gary Hill, Tom Houston,Tony Melum, Bill Mountford, Mark Murrel, Mark Sites, Dick Stevens,Lee Sutherland, Clive Towndrow Additional agenda items for next meeting: • Removal of storm debris from the harbor. • Personal property tax for vessels. The minutes for 12/13/00 were approved. Update on the proposed Newport Beach Harbor Element: Patrick will be presenting the element to the City Council study session at the second meeting in February. He would like direction from this committee on what he should emphasize. It was thought that the varied composition of the committee is an important factor. Members were requested to attend the study session and show their support for the document. Report from Mooring Sub-committee: Clive reviewed the report from the Mooring Sub-committee. A request was made for a break down on how much and what percentage is spent on the harbor versus the beach for Police, Fire and maintenance charges, etc. Also,under the category, "Recommendation", page 2, the noted undetermined amounts need to be completed. Tony Melum will request City Staff to provide that information. The item suggesting taxing property owners that rent out their piers was debated and strongly opposed by Tom Houston. As Tidelands trustee, the City must, at a minimum, charge permit rates that are reasonably consistent with those charged in similar locations for uses of a similar nature. Any mooring rate increase will be held off until the Mooring report is completed. The commercial appraisal should be out in mid March. Tony will present it in an outreach program and it will be agendized for this meeting. Staff Report on Dredging and Eel Grass Restoration Project: Tony reported.that dredging in the Lower Bay could begin as,early as October,with mooring areas included. The eelgrass project should start in April. This item will be brought to the next meeting for discussion. The next meeting is scheduled for Wednesday,February 28 in the Council Chambers. ) CITY OF NEWPORT BEACH o HARBOR COMMITTEE AGENDA DATE: Wednesday, March 7, 2001 PLACE: City Council Chambers TIME: 7:30 A.M. AGENDA ITEMS: 1. Introduction of committee members and guests. 2. Additional agenda items requested by members for next meeting or for immediate consideration. 3. Public comments. Members of the public may comment on any matter of public interest. 4. Review document defining the proposed Harbor Commission. 5. Plan method of introduction of Harbor Element to public. 6. Non-harbor element issues. 7. Time and date of next meeting. • • CITY OF NEWPORT BEACH o ~ HARBOR COMMITTEE AGENDA u _ x DATE: Tuesday, April 3, 2001 PLACE: City Council Chambers TIME: 7:30 A.M. AGENDA ITEMS: 1. Introduction of committee members and guests. 2. Additional agenda items requested by members for next meeting or for immediate consideration. 3. Approval of the minutes for the meetings of 2/28 and 3/7. 4. Public comments. Members of the public may comment on any matter of public interest. 5. Discuss the length of time it takes to pull a permit with the Building Department Building Department Representative. 6. Report on Shell Maker Island - marine lab program and renovation projects for the UCI rowing base-Dave Kiff 7. Discuss recommended mooring changes in Municipal Code from Harbor Patrol. 8. Review tidelands appraisal by George Jones-Tony Melum 9. Game plan for presentation of Harbor Element Workshop. 10. Non-harbor element issues. 11. Time and date of next meeting. i • • CITY OF NEWPORT BEACH HARBOR COMMITTEE MINUTES DATE: 3/7/01 TIME: 7:30 A.M. LOCATION: City Council Chambers ATTENDEES: Patrick Alford,Seymour Beek,Tim Collins,John Corrough,Tom Houston, Tony Melum, Bill Mountford, Mark Murrel, Dave New, Tod Ridgeway, Ralph Rodheim, Mark Sites, Marshall Steele, Dick Stevens, Lee Sutherland,Clive Towndrow Agenda items for meeting of 4/3: 1. Building permit process through the Building Department. 2. UCI Crew facility and marine lab program at Shell-maker Island. 3. Should moorings be allowed to remain empty rather than contain derelict boats on them? 4. Tideland appraisal update. 5. Discuss game plan for Harbor Element public presentation/workshop on 4/11. Review document defining the proposed Harbor Commission. Tod advised every one of the differences of a committee versus a commission. It will be more formal and regimented. We would follow the same procedures as the Planning Commission. We will keep the document vague for its presentation, then after approval, specifics will be worked on. The City Council will need to adopt the appointment as an ordinance. Patrick will polish the document and review the changes with Seymour. A motion was seconded for Seymour, as Chairman of the Harbor Committee, to approve the changes. Patrick will then submit the document to the City Council,hopefully, at the 3/27 meeting. Plan method of introduction of Harbor Element to public: Harbor Resources mailed out copies of the element to all commercial permittees and Mariners Mile members. Patrick distributed the Harbor and Bay Element time frame for presentation. We will begin with a public workshop on 4/11 at 7:00 p.m. in the Council Chambers. All interested parties will be notified and a display ad will be run in the Daily Pilot. The workshop attendees comments and feedback will be reviewed by this committee and changes made to the document by 5/3. If there are any significant changes they will be reported to the Planning Commission. We can push back the hearing dates if need be. The next meeting is scheduled for Tuesday, April 3 at 7:30 am in the Council Chambers. Lawrence T. Houston CLU ChFC Pre itln set T ' ' CA Lic.#0328234 FINANCIAL BENEFITS GROUP 4695 MACARTHUR COURT, SUITE 1000 NEWPORT BEACH, CA 92660 (949)660-1717 FAX(949)660-1991 RECEIVED BY PLANNING DEPARTMENT CITY OP NEWPC)PT BEACH April 12,2001 AM APR 17 2001P Homer Bludau,City Manager 71819110111112 41213141516 City of Newport Beach 3300 Newport Blvd. Newport Beach,CA 92663 Dear Mr.Bludauc I wish to commend one of your employees,Patrick Alford, for his excellent management of the Harbor Committee's public "Harbor Element Workshop" meeting last night in the Council chambers. I have been involved with not only the Harbor Committee,but with the Harbor Water Quality Committee for many years and have relied on city staff with both committees. Patrick's grasp of Planning Processes, general plan issues, and other regulative bodies that will have an effect on this general plan amendment for the harbor, was excellent. He was patient, knowledgeable, and presented what I believe was an excellent image of our city to the full house that attended the meeting. Please take the time to give Patrick a pat on the back for working late and helping us discuss the various issues with other city residents. Sincerely, Z-4 Lawrence T.Houston,CLU,ChFC we Cc:Patty Temple,Planning Dept. Patrick Alford,Senior Planner Securities products and services offered through MML Investor Services,Inc. 1414 Main Street,Springfield,MA 01144-1013(413)737-8400 Financial Benefits Group is not a subsidiary or affiliate of MML Investor Services,Inc. 0 ) CITY OF NEWPORT BEACH HARBOR COMMITTEE AGENDA DATE: Tuesday, April 17, 2001 PLACE: LIFEGUARD HEADQUARTERS CONFERENCE ROOM TIME: 7:30 A.M. AGENDA ITEMS: I. Introduction of committee members and guests. 2. Additional agenda items requested by members for next meeting or for immediate consideration. 3. Approval of the minutes for the meetings of 4/3. 4. Public comments. Members of the public may comment on any matter of public interest. 5. Review tidelands appraisal by George Jones -Tony Melum 6. Recap of Harbor Element Workshop that was held on 4/11. 7. Non-harbor element issues. 8. Time and date of next meeting. i <C P0 CITY OF NEWPORT BEACH U � � HARBOR COMMITTEE MINUTES DATE: 4/3/01 TIME: 7:30 A.M. LOCATION: City Council Chambers ATTENDEES: Patrick Alford, Seymour Beek, Tim Collins,John Corrough, Tom Houston, Tony Melum, Bill Mountford, Mark Murrel, Dave New, Ralph Rodheim, Marshall Steele, Dick Stevens, Lee Sutherland, Faisal Jurdi, Chris Welsh,Terry Welsh,Plazi Miller, Liz Toomey All members and guests introduced themselves. The minutes for 2/28 and 3/7 were approved. Public Comments: Ralph informed everyone that because the number of boats entering the Christmas Boat Parade has decreased each year, the Chamber will be sending out a survey to residence, businesses, current and past participating boaters. They are looking at changes, such as altering the route to make it shorter and rescheduling the nights. Things will stay the same for this year. Length of time it takes to pull a permit with the Building Department Faisal Jurdi lead a discussion on the causes for delays to pull permits for dock/pier construction with the Building Department. Harbor Resources did not have the volume of permits that the Building Department has and there has been quite a bit of turn over at the front desk. It was thought that initially adjustments would take a year, which is up in July. It currently takes 4 weeks to complete the plan check process. Faisal wants that down to 11 days. After the adjustment period,the standards will be revised since they are from the 60's and before. Plan checkers and inspectors are certified by the State and are very detail oriented. Plazi felt that the plan checkers are not using the same standards equally. Homeowners/builder who build the docks themselves are hiring non-insured helpers in violation of the law. Report on Shell Maker Island- Liz Toomey Liz said that UCI Rowing has been at Shellmaker for 30 years. They currently have a year-to-year lease with Fish and Game and are working on getting it on a long-term basis. On 4/21, Earth Day, there will be a conceptual drawing of what the new. Shellmaker center will look like. It will include a research and water testing facilities, educational center, etc. Mooring Changes in Municipal Code from Harbor Patrol -Tony The Mooring Association met with the Harbor Patrol regarding double use of moorings (boat and dinghy) and it needs to be clarified in the Municipal Code. There are 60 derelict boats noticed at this time. A lot of these would be eliminated if the moorings were allowed to be vacant. But,this may create more problems. Tidelands Appraisal-Tony George Jones will have a draft of the tidelands appraisal in 4 to 6 weeks. He will attend the 4/17 meeting to give a verbal summary on the report. Harbor Element Workshop-Patrick The Harbor Element Workshop will be held on April 11 at 7:30 pm. 4,000 workshop notices have been sent out to those concerned with the Harbor Element and an ad will be in the Daily Pilot. Seymour will between the program with an introduction of Patrick. A comment sheet will be available. The next meeting is scheduled for Tuesday,April 17 at 7:30 am in the LIFEGUARD HEADQUARTERS CONFERENCE ROOM. APR-18-2001 04 :45 PM P. 01 ISLAND MARINE FUEL 4 10 SOUTH BAY FRONT BALBOA ISLAND,CA41FOANIA 03669 0PM 141 673.1070 PAL DOCK 440 as-I 1os FAX vqf 673.1630 Fax — Memo TO: 4T tI 1 AL FM / (ALAt4','i Mtom, I"AX 01 Fi de our2 DAm /+/I 4//�p OF CdAt-� P CITY OF NEWPORT BEACH HARBOR COMMITTEE AGENDA e� FOR�� . DATE: Tuesday, May 8, 2001 PLACE: Newport Beach Council Chambers TIME: 7:30 A.M. AGENDA ITEMS: 1. Introduction of committee members and guests. 2. Additional agenda items requested by members for next meeting or for immediate consideration. 3. Approval of the minutes for the meetings of 4/17. 4. Public comments. Members of the public may comment on any matter of public interest. 5. Discuss the formation of the Harbor Committee 6. Non-harbor element issues. 7. Time and date of next meeting. `c�tiW PC>R, CITY OF NEWPORT BEACH HARBOR COMMITTEE MINUTES c-qG/POP. DATE: 4/17/01 TIME: 7:30 A.M. LOCATION: Lifeguard Headquarters ATTENDEES: Patrick Alford, Seymour Beek,John Corrough, Tom Houston, Gary Meyer, Tony Melum, Mark Murrel, Dave New, Ralph Rodheim,Lee Sutherland, Plazi Miller, Clive Towndrow, George Jones, Kent Harvey The minutes for 4/4 were approved. Public Comments: Seymour will contact Tod and Patrick to see where we stand on requesting the City Council to appoint a Harbor Commission. Tidelands Appraisal -Tony George Jones gave a verbal summary on the tidelands appraisal report and informed the committee how the report was done and what it included. His company acts as a disinterested third party. They are looking for the fair rental value and conclusions that are consistent, supportable and independent. Concerns that the shipyards will be priced out of business were voiced. George asked that if anyone has questions or concerns that they please call his office Harbor Element Workshop Recap-Patrick The workshop was well attended. The public seems most worried about how increased access to affect their property. There were discussions on what should be changed and it was decided to leave it as is, except for one item. Patrick received two letters with comments from the California State Lands Commission and the Dept. of Toxic Substances Control. The City Council will take these into consideration when they review the Harbor Element. Patrick will place the element on the Planning Commission calendar on May 2,they will make recommendations and then it will go to the City Council. The City will need to do a new LCP in two to three years and he is not sure how the element will fit in. The next meeting is scheduled for Tuesday, May 8 at 7:30 am in the City Council Chambers. I • k�tiWP() CITY OF NEWPORT BEACH HARBOR COMMITTEE AGENDA DATE: Tuesday, May 29, 2001 PLACE: Newport Beach Council Chambers TIME: 7:30 A.M. AGENDA ITEMS: 1. Introduction of committee members and guests. 2. Additional agenda items requested by members for next meeting or for immediate consideration. 3. Approval of the minutes for the meetings of 4/17. 4. Public comments. Members of the public may comment on any matter of public interest. 5. Discuss changes to Harbor Element based on Planning Commission and Coastal Commission recommendations. 6. Discuss the formation of the Harbor Commission. 7. Lower Bay Dredging- Tony Melum 8. Discuss amendment of Code regarding dingy use in addition to primary vessel. 9. Non-harbor element issues. 10. Time and date of next meeting. ��tiW PQR� o �� CITY OF NEWPORT BEACH HARBOR COMMITTEE MINUTES C,QL,Fp R��P DATE: 5/8/01 TIME: 7:30 A.M. LOCATION: City Council Chambers ATTENDEES: Patrick Alford, Seymour Beek, Gordon Barienbrock,Tim Collins, John Corrough, Tom Houston,Gary Meyer,Tony Melum, Bill Montford, Mark Murrel, Ralph Rodheim, Marshall Steele, Lee Sutherland, Clive Towndrow, Attendees introduced themselves. Additional Agenda Items: Tom Houston brought up a concern that Channel Reef needs to be dredging before the summer season starts. Tony said we are still working on getting the OK from the EPA for South Bay Front to be included in the general permit. There was a discussion on why it is taking so long. The committee made a motion for Tony to draft a letter to the Coastal Commission and the EPA expressing the risk and safety factors at that area. The Mayor and Seymour Beek, as Chairman, will be requested to sign the letter. Clive Towndrow asked that we agendize a discussion on amending the Municipal Code which states one boat per mooring for the next meeting. The Harbor Patrol is enforcing this wbdch means people cannot get to their boats in their dingys. The language needs to be carefully chosen. It was reported that President Bush took the Lower Bay dredging out of the budget for the year. We are looking at other options. A letter to be sent to Cox and Rorhbacher is on the City Council agenda tonight for approval asking for their help. A discussion on the letter received from the Coastal Commission regarding a negative declaration of the Harbor Element was held. The City will be presenting an LCP in the next 30 months. The element will be going to the Planning Commission for review on May 17. We will agendize a discussion on what changes need to be done on the element and with the Harbor Permit Policies based upon the Planning Commission action and Coastal Commission meeting. The minutes for 4/17 were approved. Public Comments: Ralph Rodheim commended the Mayor for representing Newport Beach in Ensanada during the race. The mayor is a proponent for a Harbor Commission. There was a discussion that we need a new boat ramp, since there is only one in the City. Boating and Waterways should help fund it. Tod recently spoke to the Building Department regarding the length of time it takes for the permit process. They have agreed to process them in one week. They will be looking at the engineering standards for changes. Gordon Barienbrock commended the Harbor Committee members for their appreciated efforts on the Harbor Element. Formation of the Harbor Commission: Patrick is instructed to push through with the Harbor Element first,then work on the Harbor Commission. The next meeting is scheduled for Tuesday, May 29 at 7:30 am in the City Council Chambers. 0 0 CITE'OF NEWPORT BEACH PLANNING DEPARTMENT 330e NEWPORT BOULEVARD AW(e iont(O>rat int dha innt NEWPORT BEACH,CA 92658 LIFO'A (949)644-3200;FAX(949)644-3230 TO: Harbor Committee FROM: Patrick Alford, Senior Planner DATE: June 4, 2001 SUBJECT: Harbor Element A closer examination of the May 17, 2001 Planning Commission minutes revealed that their recommendation included two minor wording changes: GOAL HB-1: DIVERSITY OF USES Preserve the diverse uses of the Harbor and the waterfront that contribute to the charm and character of Newport Bay, that provide needed support for recreational boaters, visitors, and residents with regulations limited to those necessary to protect the interests of all users. The following are some of the uses that contribute to the diversity and charm of Newport Bay and should be preserved and enhanced where possible: 1. Water-dependent and water-related recreational activities such as boating, sailing, wind surfing, fishing,kayaking,rowing,and swimming. 2. Water-dependent and water-related commercial activities such as passenger/sightseeing boats, passenger-fishing boats, boat rentals and sales, entertainment boats, boat/ship repair and maintenance,and harbor maintenance facilities. 3. Water-enhanced commercial uses such as,� _< restaurants and retail stores. 4. Waterfront public recreation and education areas and facilities such as beaches, piers, view parks and nautical museums and related public areas providing access to, and views of, Newport Harbor. 5. Waterfront residential communities. Objective HB-1.4: Preserve and encourage enhancement of existing commercial areas, while ad suppeffifig W %redevelopment of outdated or antiquated commercial development,a11-te the e�4ent y'^fi &maintain the charm and character of the Harbor. If you have any questions, please call me at (949) 644-3235 or e-mail to palfordAcity.newport- beach.ca.us. 1 Amik CITY OF NEWFO BEACH p PLANNING DEPARTMENT FAgenda ng Date: June 12, 2001 t}- moo NEWPORT BOULEVARD ?' tem No.: r+c�FowN�r NEWPO&iT BEACH,CA 92658 Staff Person: Patrick J.Alford (�q)bqg-;zoo,FAX(v4q)644-325o (949)644-3235 REPORT TO THE MAYOR AND CITY COUNCIL PY FILE SUBJECT: Extension of the Ad Hoc Harbor Committee SUMMARY: Extension of the term of the Ad Hoc Harbor Committee until the City Council takes action on the proposed formation of a Harbor Commission. ACTION: Adopt Resolution 2001- extending the tenure of the Ad Hoc Harbor Committee. 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 July 11, 2000, the City Council extended the term of the Ad Hoc Harbor Committee until such time as the City Council takes final action on the proposed Harbor Element General Plan Amendment. Analysis The Ad Hoc Harbor Committee's term will expire when the City Council takes final action on the proposed Harbor and Bay Element General Plan Amendment (GPA 2000-002 (Q. The Ad Hoc Harbor Committee is currently preparing a set of rules of procedures to be used in the establishment of a Harbor Commission. 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. The Ad Hoc Harbor Committee is therefore requesting that their tenure be extended to allow them to complete their deliberations and recommendations to the City Council on the formation of a Harbor Commission. Recommendation Staff recommends that the tenure of the Ad Hoc Harbor Committee be extended 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. Submitted by: Prepared by: PATRICIA L. TEMPLE PATRICK J. ALFORD Planning Director Senior Planner *0014P00040 Cc Attachments: Resolution extending the tenure of the Ad Hoc Harbor Committee. 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,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 a Harbor Committee to the City Council to make recommendations on matters pertaining to the operations of Newport Harbor; and WHEREAS,the Harbor Committee's term was scheduled to end when the City Council takes final action on the proposed Harbor Element General Plan Amendment; and WHEREAS,the City Council deems it desirable to extend the tenure of the Harbor Committee in order to complete their deliberations and recommendations on the establishment of the proposed Harbor Commission. 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 as the City Council takes final action on the proposed establishment of a Harbor Commission or one (1) year, whichever occurs first. 2 1 � This resolution was adopted at a regular meeting of the City Council of the City of Newport Beach held on June 12, 2001, by the following vote,to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK 2 �C��Wpp�r CAT-'OlF NEWT BEACH# qu p PLANMNG DEPARTMENT Hearing Date: June 12,2001 V33oo NEWPOIRT BOULEVARD Agenda Item No.: 6 a. NEWPORT BEACH,CA 92658 Staff Person: Patrick J.Alford (949)644-3200-,FAX(949)644-3250 (949)644-3235 REPORT TO THE MAYOR AND CITY COUNCIL SUBJECT: Extension of the Ad Hoc Harbor Committee SUMMARY: Extension of the term of the Ad Hoc Harbor Committee until the City Council takes action on the proposed formation of a Harbor Commission. ACTION: Adopt Resolution 2001- extending the tenure of the Ad Hoc Harbor Committee. 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 July 11, 2000, the City Council extended the term of the Ad Hoc Harbor Committee until such time as the City Council takes final action on the proposed Harbor Element General Plan Amendment. Analysis The Ad Hoc Harbor Committee's term will expire when the City Council takes final action on the proposed Harbor and Bay Element General Plan Amendment (GPA 2000-002 (Q. The Ad Hoc Harbor Committee is currently preparing a set of rules of procedures to be used in the establishment of a Harbor Commission. 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. The Ad Hoc Harbor Committee is therefore requesting that their tenure be extended to allow them to complete their deliberations and recommendations to the City Council on the formation of a Harbor Commission. Recommendation Staff recommends that the tenure of the Ad Hoc Harbor Committee be extended 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. Submitted by: Prepared by: PATRICIA L. TEMPLE PATRICK J. ALFORD Planning Director Senior Planner P00400;0601 I Attachments: Resolution extending the tenure of the Ad Hoc Harbor Committee. 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,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 a Harbor Committee to the City Council to make recommendations on matters pertaining to the operations of Newport Harbor; and WHEREAS,the Harbor Committee's term was scheduled to end when the City Council takes final action on the proposed Harbor Element General Plan Amendment; and WHEREAS, the City Council deems it desirable to extend the tenure of the Harbor Committee in order to complete their deliberations and recommendations on the establishment of the proposed Harbor Commission. 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 as the City Council takes final action on the proposed establishment of a Harbor Commission or one (1)year, whichever occurs first. 1 This resolution was adopted at a regular meeting of the` City Council`'of'the City of Newport Beach held on June 12, 2001, by the following vote,to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK 2 �j • To*) c( P�`� rq i P°RT CITY OF NEWPORT BEACH o � .� HARBOR COMMITTEE AGENDA CgL,FoV, DATE: Tuesday,June 26, 2001 PLACE: Newport Beach Council Chambers TIME: 7:30 A.M. AGENDA ITEMS: 1. Introduction of committee members and guests. 2. Additional agenda items requested by members for next meeting or for immediate consideration. 3. Approval of the minutes for the meetings of 5/29. 4. Public comments. Members of the public may comment on any matter of public interest. 5. Discuss changes to Harbor Element based on Planning Commission and Coastal Commission recommendations. 6. Discuss the formation of the Harbor Commission. 7. Lower Bay Dredging/Revision of grain size requirements. 8. Discuss amendment of Code regarding dingy use in addition to primary vessel. 9. Non-harbor element issues. 10. Time and date of next meeting. fiTrOFNE"ORTBEACO HARBOR COMMITTEE MINUTES DATE May 29, 2001 TIME 7:30 A.M. LOCATION City Council Chambers ATTENDEES: Patrick Alford, Tim Collins, John Corrough, Tom Houston, Mark Murrel, Councilman Ridgeway, Lee Sutherland (acting chairperson), Clive Towndrow Introduction of Members and Guests: No guests present. Additional Agenda Items For Next Meeting or Immediate Consideration: Clive requested agenda item for next meeting: "Method of Selection of Future Members to the Harbor Commission" — Consider risk of appointments who do not represent current broad base of stakeholders. Councilman Ridgeway reported upon recent State Resources Committee Meeting and City's request for relaxing standards on sand grain size to allow more good sand to be used for beach replenishment. Members present requested Tony Melum to give an overview at next meeting with identification of issues which will have to be addressed in LCP update. Approval of Minutes: The minutes for April 17, 2001 were approved. Public Comments: No public comments. Changes to Harbor Element: l HARBOR COMMITTEE EETING + MINUTES — May 29, 2001 Page 2 of 3 May 31, 2001 Patrick reported upon Planning Commission approval of Harbor Element; it will now go to the City Council for June 12 hearing. EQAC Committee has shown interest in further review, possible change in priorities; expect some members to seek a forum at Council level. Recent meeting with Coastal Commission staff went well given the City Council's stated goal of updating the LCP. Coastal Commission expected to seek more integration of Commission policy blueprint into the LCP, especially access related. Formation of the Harbor Commission: Following discussion, members present agreed on need to revisit size of a Harbor Committee; seven members, as on other regulatory committees, or more. Mr. Ridgeway suggested that an alternate structure be considered to include both a committee and a commission. The Charter needs to be looked at for authority definition in light of an adopted Element. In the meantime, staff will seek a consent calendar action to extend the Committee life until the Charter and Commission structure are finalized. Title 17 of Municipal Code needs reviewed for possible revision, too. Patrick will send out copies of Title 17 and current draft of Charter. (Send draft to Lori.) Lower Bay Dredging: No action; carried over to next meeting. Amendment of Code, Regarding Dingy Use In Addition to Primary Vessel: No action; carried over to next meeting. Non-Harbor Element Issues: Members were encouraged to attend the June 6th, 6:00 p.m., meeting with the appraiser (George Jones) to review tidelands lease valuation. Time/Date of Next Meeting: Harborcommittee\Minutes-Mtg.05.29.01 Wb HARBOR COMMITTEE •IEETING MINUTES - May 29, 2001 Page 3 of 3 May 31, 2001 The next meeting is scheduled for Tuesday, June 26 at 7:30, to be held in the City Council Chambers. Respectfully Submitted by Timothy C. Collins HarborCommittee\minutes-Mtg.05.29.01 Wfb CITY OF NEWPORT BEACH o �- a HARBOR COMMITTEE AGENDA DATE: Tuesday, July 24, 2001 PLACE: Newport Beach Council Chambers TIME: 7:30 A.M. AGENDA ITEMS: 1. Introduction of committee members and guests. 2. Additional agenda items requested by members for next meeting or for immediate consideration. 3. Approval of the minutes for the meetings of 6/26. 4. Public comments. Members of the public may comment on any matter of public interest. 5. Review Harbor Permit Policies and Title 17 of the Municipal Code. 6. Discuss amendment of Code regarding dingy use in addition to primary vessel. 7. Non-harbor element issues. 8. Time and date of next meeting. POD Q CITY OF NEWPORT BEACH x HARBOR COMMITTEE MINUTES DATE: 6/26/01 TIME: 7:30 A.M. LOCATION: City Council Chambers ATTENDEES: Patrick Alford, Seymour Beek, Gary Meyer,Tony Melum, Ralph Rodheim, Mark Sites, Marshall Steele, Dick Stevens, Lee Sutherland, Clive Towndrow, Additional Agenda Items: Clive requested that a discussion of Title 17 from the Municipal Code be agendized for the next meeting. The minutes for 5/29 were approved. Discuss the formation of the Harbor Commission: Tod passed on a thought through Seymour that he was not happy with the idea of narrowing the commission to seven members. As a result,we could lose a lot of the current expertise and experience. Clive felt that as a commission they would loose their say as private citizens. The creation of the Harbor Element was combination of contributions from everyone on the committee with a lot of give and take. Ralph felt that a commission will be able to form task forces and sub-committees with experienced members. As a commission they can integrate their suggestions into the Municipal Code and can handle appeals for Harbor Resources. Committees have no authority and can only report their recommendations to the City Council. Some felt we wanted to be more proactive. There was concerns voiced regarding appointments to the commission. The commission can establish their own rules but not how their members are appointed. Members of the public could be involved and have input at the meetings. Tony felt that a commission would add another layer of bureaucracy,but it could be a good sounding board. In the past, the City Council approved all permits,where as now Tony has that authority. There also use to be a Tidelands Affairs Committee made up of two Councilmen and staff that made recommendations to the Council. The committee reviewed the Rules of Procedures for the Harbor Commission. Under Membership and Term, the wording will be changed from"uses' to "interests". After discussion, a motion was approved to keep the Commission at 7 members. A subcommittee headed by Lee Sutherland will look at harbor •_ commissions in other harbors to see how they operate. They will bring back their findings to the September meeting. Patrick said that after the commission is in place, Chapter 17 will need to be redone to reflect the change. Tony will send out the existing harbor policies for review by members at the next meeting. Lower Bay Dredging/Revision of grain size requirements: Tony gave a report on the lower bay dredging, which has been cut from the Federal budget. He is working with Cox and Rohrabacher to bring it back into the budget. If we don't get the Federal funding, the City could consider doing it. Currently under the blanket permit, the grain size analysis must be 80% sand for beach disposal. The Corps and a State coalition are looking at being more flexible because more sand is needed on beaches. Tony is waiting for the $40,000 from the state. Once received he and Public Works will map out an engineering plan to rebuild South Bay Front. The plan then needs to go back to the State for funding. Eel Grass is still a problem. We are working with the regulator agencies to get the Safe Harbors Agreement Signed. Then we can begin the Lower Bay Eel Grass Restoration Project, which could provide sites for Eel Grass mitigation when needed. Amendment of Code regarding dingy use in addition to primary vessel: Clive is still working on this. The Harbor Patrol is looking for recommendations from us. The next meeting is scheduled for Tuesday,July 24 at 7.30 am in the City Council Chambers. S. Beek 7/23/01 Suggested changes to RULES OF PROCEDURE OF THE HARBOR COMMISSION: U. 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: (1) At least two members who reside on or near the harbor. (2) At least one member involved in as water-dependent commercial activity in or on the harbor. (3) At least one member involved in a water-related/water enhanced commercial activity on or near the harbor. (4) At least two members with expertise and experience in recreational boating, including boating experience in Newport Harbor. (5) At least one 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 years--- <this paragraph unchanged> A minimum of two months prior to the expiration of Harbor Commission members' 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 commission to maintain balanced representation in accordance with the qualification guidelines provided above. In the event that a 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. The same mechanism can be used to select members as is currently used for other city commissions(other than the Planning Commission). BdBbirt July 5, 2001 Patrick Alford Senior Planner City of Newport Beach Planning Department 3300 Newport Blvd. Newport Beach, CA 92658. Dear Patrick: Congratulations on your fine work for the Harbor Committee. Good job! Would you please send 6 copies of the report to me? John Curci wants to use them. Lastly, will you please make sure your records are up to date as to where to reach me. It is Richard S. Stevens, BellPort Group, 301 Shipyard Way, Newport Beach, CA 92664. (949) 723-7780— Fax (949) 723-7786—Cell (949)433-6041. 1 think you may have old information. Best Re ards, R'. hard S. Stevens Chairman RSS 301 Shipyard Way, Newport Beach, L::: Tel. 949.723.7780 Fax 949.723.7786 wwv:,b; `c�tiWP0 CITY OF NEWPORT BEACH HARBOR COMMITTEE AGENDA lFro DATE: Tuesday, August 21, 2001 PLACE: Newport Beach Council Chambers TIME: 7:30 A.M. AGENDA ITEMS: 1. Introduction of committee members and guests. 2. Additional agenda items requested by members for next meeting or for immediate consideration. 3. Approval of the minutes for the meetings of 7/23. 4. Public comments. Members of the public may comment on any matter of public interest. 5. Review Harbor Permit Policies and Title 17 of the Municipal Code. 6. Discuss amendment of Code regarding dingy use in addition to primary vessel. 7. Non-harbor element issues. 8. Time and date of next meeting. o e� CITY OF NEWPORT BEACH HARBOR COMMITTEE MINUTES C,Q Fo R1y�P DATE: 7/23/01 TIME: 7:30 A.M. LOCATION: City Council Chambers ATTENDEES: Patrick Alford, Seymour Beek, Councilman Bromberg, Tom Houston, Tony Melum, Bill Mountford, Mark Murrel, Councilman Ridgeway, Ralph Rodheim, Mark Sites, Dick Stevens, Lee Sutherland, Clive Towndrow All members and attendees introduced themselves. Additional Agenda Items for the next meeting: Discuss rules of Procedure of the Harbor Commission draft. The minutes for 6126 were approved. Public Comments: Members of the public spoke regarding their concerns with larger and larger boats being docked at pier on Balboa Island. Some felt the LCP wasn't being followed. Seymour advised that this committee had not been asked for action on any specific permits, but will be looking at updating the current Harbor Permit Policies. Review Harbor Permit Policies and Title 17 of the Municipal Code: The Harbor Committee was asked to review the Harbor Permit Policies Section H and Municipal Code Chapter 17 by the City Council and report back suggested changes and updates at the August 14 meeting. Councilman Ridgeway said that the current policies have worked well in the past but are now outdated. It was felt that the August 14 date was too soon to complete the study and Councilman Bromberg said to take whatever time was needed. It was decided to create a task force, which will meet on Thursday, 8/2 at 7:30 am at Lifeguard Headquarters. Balboa Island will be gone over first, since that area is a current concern. Tony will furnish a detailed map of Balboa Island with the pierhead lines, bulkheads, docks, moorings, etc. Tony gave an overview of the general to specific guidelines. There are specific rules for each area and all of the guidelines are open to interpretation of the codes and policies. Discussion on Amendment of Code Regarding Dinghy Use: Clive passed out a draft amendment to the tender/dinghy use code. The Harbor Patrol has had increasing problems with more and more tender/dinghies on the moorings. If they apply the enforcement as currently written to one they must apply it to all. Tony was concerned that if we increase the number of vessels allowed, the number of vessels in the harbor will increase. Tender/dinghy storage has become a problem in the harbor. There are 20 minute time limits at all public docks. It was suggested that the street ends could be used for storage racks. Mark suggested that the area for storage racks be rotated on a yearly basis so not one area is effected all the time. Clive will take the draft to the Harbor Patrol for input. Non-Harbor Element Issues: Harbor Commission- Mark suggested that the committee make recommendations as to who should be appointed on the commission. Patrick said it is best to have about 7 members because with more attendance seems to suffer. It was pointed out that a commission could appoint subcommittees and task forces as needed. Seymour will talk to Councilman Bromberg about having the commission proposal on a future City Council agenda. Dick Stevens passed word through Seymour that he feels Marina Park should not be a waterfront property and should be used for a boat maintenance area. The developer, Sutherland, has three years to come up with a plan that will meet the RFP. A motion was passed to put this on a future agenda. The next meeting is scheduled for Tuesday, August 21 at 7:30 am in the City Council Chambers. City of Newport Beach • • City Council Minutes October 23,2.001 INDEX maintain the operation of the Balboa Yacht Basin. She stated that, at that time, the City informed the slip renters that there would be an increase in fees if the City were to continue operation of the basin. She recalled that the slip renters were agreeable to an increase if it meant keeping the operation under the City's control. e motion carried by the following roll call vote: Ayes.,, O'Neil,Ridgeway,Glover,Bromberg,Proctor,Mayor Ad Noes: None --TILE COPYAbstain: ffernan Absent: No Mayor Adams sta*that the rates at the Balboa Yacht Basin are still below the average"'in the Newport Harbor area. City Attorney Burnham added that the..City is required to charge comparable rates. 17. BALBOA YACHT BAST OFFICE REMODEL (C-3391) — C-3391 COMPLETION AND ACCEP"l ANCE. Balboa Yacht tN Basin Office Jim Hildreth, 120 The Grand Cana , sked if the Balboa Yacht Basin Remodel was going to be temporary housing fac ..y for Harbor Resources and if (38) they would be moving back to the Ne ort Pier. He additionally asked about the location of the items tha ere moved out of their prior facility. He requested that more inform ion be provided about the Tidelands Fund. Motion by Council Member O'Neil to accept\cable horize the City Clerk to file a Notice of Completion; aut Clerk to release the Labor and Materials bond 35 dayice of Completion has been recorded in accordance witrtions of the Civil Code; and release the Faithful Perfo (1) year after Council acceptance. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Noes: None Abstain: None Absent: Norte •..hA.NM{Y�Mrr` 'LW7E3}!MY'd yNg16' k.'4..dY'Nq'vT�''2>Y.�C.�Y�ha:W:bY. 20. APPOINTMENT TO THE HARBOR COMMITTEE,A CITIZEN'S Harbor Committee ADVISORY AD HOC COMMITTEE. (24) Council Member Heffernan asked how long the Harbor Committee would remain in effect and if membership criteria would be established at a future date for the Harbor Commission. Mayor Pro Tem Ridgeway stated that the issues were discussed extensively at the City Council meeting of October 9, 2001. He suggested that Council Member Heffernan review the minutes of that meeting. City Manager Bludau added that staff is planning to bring. Volume 54-Page 540 City of Newport Beach • City Council Minutes October 23, 2001 INDEX General Services Department approval of demolition permits for complete demolition of structures, and pass to second reading and adoption on November 13, 2001; and to adopt Resolution of Intention No. 2001-87 to award a Non-exclusive Solid Waste Franchise to C & N Waste Services, and schedule a public hearing on November 13, 2001; and introduce Ordinance No. 2001-20 granting a Non-exclusive Solid Waste Franchise to C & N Waste Services and pass to second reading on November 13, 2001. `Nancy Akakelian, C & N Waste Services, stated that she is looking forward to working with the City of Newport Beach and complying with AB 939. Jim Hildreth, 120 The Grand Canal, stated that he hopes that by privatizing trash collection, less trash will be left on the ground after it has been hauled away. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Noes: None Abstain: None Absent: None 6. BALBOA YACHT BASIN RENTAL ADJUSTMENTS. Res 2001-89 Balboa Yacht Jim Hildreth, 120 The Grand Canal, stated that in Resolution Basin Fees No. 2000-77, there is no information given regarding boats between 35 (40/51) and 40 feet in length. He added'that there is also a discrepancy in the proposed rate scale, and additionally noted that the number of garages differs from the information given in,Item No. 17, Balboa Yacht Basin Office Remodel. Mr. Hildreth stated.that the Balboa Yacht Basin is now housing Harbor Resources and asked if the increase in rates was to cover the move and the remodel of the'Newport Pier. He asked for a justification of the rate increases and stated that the garages that are being removed could have provided additional revenue. He asked if Harbor Resources would be moving back to'-the pier area, once the remodel is completed. Motion by Council Member Bromberg to adopt Resolution No. 2001-89 rescinding Resolution No. 2000-77 and adjusting the slip, apartment, and garage rental rates at the Balboa Yacht Basin. Tim Heaslet, Balboa Yacht Basin slip renter, asked the City Council to vote against the resolution. He stated that the current`recession is going to continue, that he is on a budget and is almost being priced out of Newport Beach. He stated that the Balboa Yacht Basin doesn't offer a lot of amenities, which provides an alternate for the slip renter on a budget. He urged the City Council to postpone their decision until the economic recovery is on its way. Council Member Glover recalled the decision to have the City, Volume 54- Page 539 tity of Newport Beach . • City Council Minutes October 23,2001 INDEX the issue of the Harbor Commission to the City Council at a meeting in either December or January. Motion by Council Member Glover to confirm the Mayor's nomination of Richard Stevens to the Ad Hoc Harbor Committee. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Noes: None Abstain: None Absent: None 21. BUDGET AMENDMENT TO TRANSFER $50,000 FROM BA-014 LIBRARY DSLS LIABILITY ACCOUNT 800-22481 AND Distinguished APPROPRIATE TO EXPENDITURE ACCOUNTS TO ENABLE Speaker THE IMPLEMENTATION OF THE 5TH ANNUAL MARTIN W. Lecture Series WITTE DISTINGUISHED SPEAKER LECTURE SERIES. (40/50) uncil Member Heffernan asked for additional information on what th 43,000 honorarium component would be used for. City Librarian �ann stated that the entire budget for the Distinguished Speaker eries (DSLS) is approximately $90,000 to $95,000, and it is icipate that the honorariums will cost between $10,000 and $12,500 per eaker. Council Member Heffernan asked for the history of where the ney comes from for the DSLS. City Librarian Kienitz stated that the dget amendment on the agenda is a housekeeping item for the Admiri�trative Services Department, putting the money into a liability accout4 and providing the City Council with a more comprehensive report. 'Council Member Heffernan pointed out that the money for the DSLS is received through donations. Motion by Mayor Pro Tem R'd gway to approve BA-014. The motion carried by the following"Toll call vote: Ayes: Heffernan, O'Neil, Ridgeway_,Glover, Bromberg, Proctor, Mayor Adams � Y Noes: None Abstain: None 4I sllk Absent: None S24. COUNCIL APPROVAL OF CONTRACT WITH HE CORDIA C-3482-A COMPANIES •FOR LEGISLATION ADV ACY IN BA-018 WASHINGTON,D.C. Legislation "' Advocacy/ Russell Niewiarowski, stated that he did not see the staff re rt for JWA Settlement the item and asked if it was related to Item Nos.S25 and S26. Agreement (38/40) Mayor Adams stated that they are three separate agenda items. Motion by Council Member Bromberg to hire the firm of The Volume 54-Page 541 City of Newport Beach 0 • City Council Minutes October 23,2001 INDEX Cordia Companies, located in Washington, D.C., for the amount of `• $10,000 per month through March 2002, at which time the contract would be month to month, with a 30-day written termination provisions and authorize the City Manager to sign the contract; and approve a budget amendment (BA-018) to appropriate $55,000 (October at $5,000 and November-March at $10,000) from unappropriated revenue and place in Account 0100-0121-8080. :.k Laura Dietz, 325 Cameo Shores Road, stated that Mr. Cordia seems to 'have an impressive background,but that it doesn't specifically include abort-related issues. She asked if the action before the City Council wa&,..all that was needed, or if additional action would be taken at a later+date. Mayor Adams stated that follow-up action would not be needed. Mayor Pro Tem Ridgeway stated that The Cordia Companies are very qualified. Ms. Dietz stated-,.that she is only looking to have the best possible people in Washington, D.C. working for the City and its efforts to get an airport at El Toro, She stated that it would be nice if Mr. Cordia could meet with the Environmental Quality Affairs Committee. 'x The motion carried by the`following roll call vote: Ayes: Heffernan, O'Neil,''..Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Noes: None Abstain: None Absent: None 825. AIRPORT WORKING GROUP(AW0,GRANT. C-3425 .• AWG Grant Russell Niewiarowski pointed out that',representatives were not (38) present at the.current meeting from either t6 Airport Working.Group (AWG) or Citizens for Jobs and the Economy (CJ&E). Mr. Niewiarowski asked that.the funding to A#�G be denied, because he felt that they weren't responsible stewards":and have failed in regard to the airport issues. He added that the remelts of an El Toro study have not been.released and that AWG doesi& listen to those that do not share their viewpoints. Mayor Adams stated that the item before the City Coupeil at the current meeting was not to provide additional funding to AVG,but to allow billing on an as-needed basis. Mr. Niewiaroswski concluded by suggesting that all fund be withdrawn,so that no billing would be needed: . k� Motion by Mayor Pro Tem Ridgeway to authorize the Mayor execute an amendment to the AWG grant that would authorize the City Manager to make payments to the full extent of the grant 1A Volume 54-Page 542 RESOLUTION NO.2001- 38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ESTABLISHING AN AD HOC COMMITTEE TO REVIEW THE ECONOMIC DEVELOPMENT COMMITTEE AND ENVIRONMENTAL QUALITY AFFAIRS COMMITTEE WHEREAS, the City Council wishes to ensure that its citizen advisory committees are given appropriate duties and responsibilities that will enable them to contribute to the quality of life in Newport Beach; and WHEREAS, the City Council wishes to ensure that its citizen advisory committees have a membership structure that enables them to accomplish their duties and responsibilities;and WHEREAS, the City Council wishes to ensure that qualified, interested citizens are appointed to its citizen advisory committees; NOW,THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach hereby establishes an ad hoc committee to review the Economic Development Committee and the Environmental Quality Affairs Committee, as follows: 1. The ad hoc committee shall be comprised of three City Council Members and one representative each from the Economic Development Committee and the Environmental Quality Affairs Committee, appointed by the Mayor. 2. The ad hoc committee shall be responsible for reviewing the membership structure, method of appointments, and duties and responsibilities for the Economic Development Committee and the Environmental Quality Affairs Committee. 3. The ad hoc committee shall report to the City Council in one month, and shall terminate on June 30,2001. ADOPTED this 22nd day of May, 2001. MAYOR ATTEST: NEvv� u CITY CLERK ��0 RN0r STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I,LAVONNE M. HAR.KLESS, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2001-38 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 22nd day of May,2001, and that the same was so passed and adopted by the following vote,to wit: Ayes: Heffernan,O'Neil, Ridgeway, Glover,Bromberg,Proctor,Mayor Adams Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 23rd day of May,2001. City Clerk Newport Beach, California 04 NEw.�b (Seal) �s i ��RN1A RESOLUTION NO.2000- 30 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 March 31, 2000, and WHEREAS,the City Council deems it desirable to extend the tenure of the Advisory Committee until June 30,2000, 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 is extended until June 30,2000. ADOPTED, this 11 th day of Aril 2000. U, �� 7),7z ATTEST: JlifT2 �r��qD,� City Clerk bR�M STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2000-30 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the I1th day of April, 2000,and that the same was so passed and adopted by the following vote,to wit: Ayes: Thomson,Adams, Ridgeway,Mayor Noyes Noes: None Absent: Glover, Debay,O'Neil Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 12th day of April,2000. f �� ✓� ,? City Clerk 2� �RTm Newport Beach, California O x (Seal) �LI coa RESOLUTION NO.99- 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ESTABLISHING THE AD HOC HARBOR COMMITTEE. WHEREAS, Newport Harbor is the major element establishing the unique attractiveness of Newport Beach;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 deems it desirable to appoint an Advisory Committee to the City Council to make recommendations on any matter pertaining to the operations of Newport Harbor. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that: 1. The Ad Hoc Harbor Committee is created,and the membership, term and duties of the Committee shall be as follows: A. Membership: The Committee shall consist of thirteen (13) private citizens, nominated by the Mayor and confirmed by the City Council. The Fire and Marine Chief, assigned members of the Planning Department, and the Assistant to the City Manager shall provide staff assistance to the Committee. B. Officers: The Committee shall have a chair and vice-chair, each of whom will be selected by the Committee. C. Meeting Times: The Committee shall meet once a month or as determined by the Committee. i D. Term: The term of each private citizen member of the Committee shall be from January 1st to December 31st,provided,however,the term of those citizens first appointed to the Committee shall continue from date of appointment through to December 31, 1999. The term of each private citizen member of the Committee may be renewed at the pleasure of the City Council upon the recommendation of the appointing member. E. Termination: The Committee shall terminate in one year. In October 1999, the City Council shall review the activities of the Committee and determine if any changes should be made to the terms of this Resolution. F. Duties/Purpose: The Committee shall act as the advisor to the City Council on harbor issues as required. The Committee shall review all harbor operations including, but not limited to, recreational, commercial and educational uses, harbor maintenance, as well as short and long term strategic planning. Prior to its termination the Committee shall prepare a report to the City Council with recommendations for current and future policy guidelines in these areas. The Committee is empowered to submit recommendations to the City Council on methods and ways of educating the boating industry, the public, and impacted groups on issues effecting harbor operations. ADOPTED,this 11th day of January, 1999. .� ? Mayor ATTEST: B//i1 City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I,LAVONNE M.HARKLESS,City Clerk of the City of Newport Beach,California,do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 99-2,was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 11th day of January, 1999,and that the same was so passed and adopted by the following vote,to wit: Ayes: Adams,Glover,Thomson,Debay,Ridgeway,Noyes,Mayor O'Neil Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 12th day of January, 1999. oA°tle4U m. t� City Clerk of the City of O� Newport Beach,California r(Seal) ot►�'` u City of Newport Beach City Council Minutes December 11,2001 FILE INDEX Nancy Skinner stated that it is time for this ordinance, noting that the Harbor Quality Committee has worked on this issue for a long time. \. nd She stated that the ordinance is for the people, children, swimmers, even for the ducks. ncil Member Heffernan reported that his two sons are members of Junior Lifeguards and that they were required to get Hepatitis-A ts during their annual physical because they swim in the bay and ocean. He noted that there are 1,200 Junior Lifeguards and a lot of dren that swim in the bay. He asked what has been allowed in the Cil that requires the children to get this shot, pointing out that they are n going to a foreign country. He stated that this is a wakeup call for the\consted e emphasized that the City has a lot of businesses, but will ha0 residents when the annexation of Newport Coast is compledded that Council has to take affirmative action when there is_asted environment, especially since the City is at the end of the pa region. He stated that,if Council has to take care of the duk stern action with the local sewer plant and storm drain rbe r do it. He indicated that the City should start changi 's be ,vior or the quality of life will suffer. He stated that the City should de*hl with its water issues because Hepatitis-A has no place in the City. �Y Noting that people do not°`want the ordinance amended, Council Member Glover stated that s*ntends to bring this back because the NPDES regulations are going I a extremely strident on all of the residents and businesses in order to lean the bay. She asked if Council was interested in prohibiting providin waterfowl with fresh water. . Council Member Proctor stated that esidents have called him, believing that the ordinance should include birds. He noted that the proposed ordinance deals with ducks, gulls, , and pelicans. Mayor Ridgeway indicated that this was discussed the Harbor Quality Committee and noted that pigeons are not n gra birds. Mayor Ridgeway emphasized that the ordinance is n directed toward any person or area of the harbor,but is designed to pre t problems. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Procto Mayor Ridgeway Noes: None Abstain: None Absent: None 4. PROPOSED HARBOR COMMISSION. Ord 2001-25 Harbor Commission/ Council Member Glover asked why Harbor Commissioners cannot be Harbor Committee appointed now, rather than waiting a year. Senior Planner Alford (24) stated that one of the recommendations is to extend the Ad Hoc Harbor Committee for another year. He stated that the Harbor Commissioners can be appointed through the normal Council Policy process. Volume 54-Page 620 City of Newport Beach City Council Minutes December 11,2001 INDEX Council to walk past her house. He stated that the ducks sit on his boat, make a mess on the boat and dock, lay eggs in the planters, and carry diseases. He believed that Mrs. Justin is the person most responsible for domesticating the ducks since she buys feed in 50 pound bags and provides water.on a regular basis. He stated that it is incumbent upon the City to do something about this and that the ordinance is overdue. Mike Buettell\hpoweve - 307 Grand Canal, stated that his grandfather built his n 1948,he has been visiting the area since then, and he and his ve been fulltime residents since 1979. He indicated that he may y of the duck problem since his sister got a couple of the white or her birthday in 1960. He .stated that he does not have a with a few ducks or people feeding the ducks occasionally; he believed that the situation in the 200 block of the Grand s lorable. He agreed with Mr.Smith and encouraged anyone ugh that block, believing that it is a disgrace to Balboa He leaded with Council to adopt the ordinance since it es the blem. Jack Skinner, 17\thecannot nd Drive, stated that he has been interested in the bay's wat since 1983. He indicated that the Orange County Health Dt will be testing the bay on Monday at 35 locations to measacterial counts. He stated that the County is concerned becaut cannot distinguish whether the high count is due to ducks o . He reported that new tests this year might be able to distins ut the tests are not going to be used to determine wheth s uld be posted. He believed that some of the postings occur because of'4ck waste. He named a few of the illnesses that can be spread fro animals to humans and expressed hope that Council approves the recmendation. Al Silcock, 9 Balboa Coves, stated th�this is not just a Grand-Canal issue. He indicated that he could view t least 100 ducks to the left of his home. He stated that Channel Pla Park is to the right of his home and is in one of the most contain' ted areas of the bay. He noted that during the summer and a Wr ducks are fed, the contaminated water washes past his home to annel Place Park. He emphasized that his concern is for the children at use the park. He expressed his support and requested that uncil approve the ordinance tonight. Rick Warner stated that he lives on Grand Canal ankthat his family avoids the 200 block when they go on walks because of ie duck mess. He emphasized that the ducks are unhealthy, carry disebse, and kids ingest the contaminated water. He believed that the Grind Canal water is probably one of the most polluted waters in Newpo�Harbor. He expressed his support of the ordinance and hoped that it clears away the ducks. He added that, if the ducks did not get fresh}water daily,they would leave the area. He pointed out that the ordinancQ;,can be amended later if it does not work. Volume 54-Page 619 r City of Newport Beach City Council Minutes December 11,2001 INDEX Motion by Council Member Glover to 1) introduce the Ordinance establishing the Harbor Commission and pass to second reading on January 8, 2002; and 2) adopt the Resolution 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. Nancy Skinner asked why the City needs a Harbor Commission when the Harbor Committee can do these things, except make some permit decisions. John Corrough, 1004 S. Bayfront, Chair of the Ad Hoc Harbor Committee, stated that the Committee surveyed cities along the coastline and discovered that Newport Beach is the only city in the State with a harbor but no Harbor Commission. He explained that this is significant when they go to the County, State,or Federal government requesting funds, cooperation, or standing for dredging and water quality issues. He stated that there is a sense that having a commission or board working on an issue is seen differently than if it was just an ad hoc committee. Mr. Corrough pointed out that this was not something the Committee felt they needed to do,but was something that has to be done in order to have the standing with outside agencies. He added that he has even heard this from politicians and agencies. In response to Council Member Glover's questions,Mr. Corrough stated that there is a split feeling on the Committee about why the City would need to continue the Committee when a Commission is going to be created. He reported that the idea behind it is to have a transitional period since there are a number of issues that need continuity. He indicated that he is not sure how long the Committee should stay in place after the transitional period. City Attorney Burnham suggested that a provision be added that extends the Committee's term for a year or until Council takes action sunsetting the Committee. He indicated that sunsetting can also be automatic in a year. Mayor Ridgeway noted that the Committee, according to the staff report, is under the auspices of the Commission, not Council. Seymour Beek, 528 S. Bayfront, former Chair of the Ad Hoc Harbor Committee, stated that he has been on the Committee for almost three years and that there are a lot of great people on it. However, he indicated that the Committee has moved slowly,has about 20 members, and the attendance rules are not strict. He believed that many issues need to be addressed, but the Committee is not getting to them fast enough. Further, he felt that a Commission may be better suited to handle some of the issues. He expressed the opinion that the harbor and bay are the most important assets that the City has, deserves the best effort and attention,and deserves a Commission. Council Member Adams indicated that he did not hear a case for keeping the Committee. Volume 54-Page 621 City of Newport Beach Y City Council Minutes December 11,2001 INDEX Substitute motion by Council Member Adams to introduce the Ordinance establishing the Harbor Commission and pass to second reading on January 8,2002. Mayor Ridgeway directed the City Clerk to begin advertising in order to get applications prior to the adoption of the ordinance. City'Clerk Harkless indicated that the advertising process can begin with the indication that it is contingent upon the ordinance being adopted. She reported that the ordinance would go into effect on February 7,2002. Amended substitute motion by Council Member Adams to introduce Ordinance No. 2001-25 establishing the Harbor Commission and pass to second reading on January 8, 2002; direct that the Ad Hoc Harbor Committee be sunsetted when the Harbor Commission is in effect;and direct the City Clerk to begin advertising. The amended motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: None �•+-+wNwe:wxu.h.++w'Nsk.fenMz4:%:".M'.v:'e+FY..m.^.>1•'a-:FaA-iCci._•«ap.voae•..a+snamwsa«`vmcaan'wo.n^a,.+.rc.+w» +•v+w».r».�-•+vwv.rns.+ro..s a- wren 10. EMPLOYEE POLICY MANUAL. Res 2001-100 Employee Robert Foster, Chair of the Civil Service Board, stated that he wanted Policy `%to make sure the public is aware of the eight year effort that has gone Manual i*o generating the Employee Policy Manual. He showed the volume of (66) mal*rial that has been looked at by all department heads, key emplo es, and bargaining units, adding that the end product effects every Ci employee. He provided Council and the City Manager with a commemo ' tive, humorous cover for the Manual. He thanked the Civil Serviceerd for all their effort and Council for their time and participation duri ig a previous Study Session. City Attorney Burnha' reported that the Newport Beach Police Employees Association an4 the Police Management Association are requesting that the second hence of Section 3.11.A be eliminated. He indicated that, with this amfdment, the two associations support approval of the Manual. Motion.by Council Member O'Neil to a%inn Resolution No.2001-100 approving the Employee Policy Manual,asded. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover,Adams, tor, Mayor Ridgeway Noes: None Abstain: None ', Absent: None A Volume 54-Page.622 FILE COPY ORDINANCE NO. 2001- 25 RA dooi-Sd 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 of the City of Newport 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 WHEREAS,Newport Harbor is one of the largest small craft harbors in the world; and 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 of Newport 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 I: The City Council of the City of Newport 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 of the City,and the same shall become effective thirty(30) days after the date of its adoption. 1 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, 2002,by the following vote, to wit: AYES, COUNCIL MEMBERS Heffernan, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS .O'Neil MAYOR ATTEST: OF NE /J U CITY CLERK ��'�°RH��► a • 1 ATTACHMENT A HARBOR COMMISSION AUTHORIZATION: Established by Ordinance 2001- 25 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. . r 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 i STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby-certify that the whole-number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 2001-25 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 8th day of January 2002, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan,Bromberg, Glover,Adams, Proctor, Mayor Ridgeway Noes: None Absent: O'Neil Abstain:— None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 9th day of January 2002. taEWpp,� City Clerk O m City of Newport Beach, California (Seal) U 16k o�41Folt P. CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2001-25 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following date, to wit: January 12, 2002. In witness whereof, I have hereunto subscribed my name this day of 2002. City Clerk City of Newport Beach, California �g,wp CITY OF NEWPORT BEACH pk d PLANNING DEPARTMENT Hearing Date: December 11 , 2001 33oo NEWPORT BOULEVARD Agenda Item No.: 4 '., NEWPORT BEACH,CA 92658 Staff Person: Patrick J. Alford c'`'rov, (949)644-32-o%FAX(949)644-3229 (949) 644-3 2 3 5 REPORT TO THE MAYOR AND CITY COUNCIL SUBJECT: Proposed Harbor Commission 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 I 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 Council introduce the attached ordinance establishing the Harbor Commission and pass to second reading on January 8, 2002 and adopt the attached resolution extending the term of the Harbor Committee for one (1) year. Submitted by: Prepared by: DAVID KIFF PATRICK J. ALFORD Assistant City Manager SenioC.R4nner Attachments: 1. Draft ordinance establishing the Harbor Commission. 2. 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 of the City of Newport 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 WHEREAS,Newport Harbor is one of the largest small craft harbors in the world; and 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 of Newport 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 of the City,and the same shall become effective thirty (30) days after the date of its adoption. 1 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 to 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. 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 b 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; and 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 1 ABSENT COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK 2 CITY OF NEWPORT BEACH O @ PLANNING DEPARTMENT FAgenda g Date: October 9, 2001 N. Moo NEWPORT BOULEVARD em No.: 9 s Person: Patrick J. Alford .y. NEWPORT BEACH,CA 26 S c"4.IFoaN0h (949)644-32—,IEAX(949)644-3229 (949) 644-3235 STUDY SESSION REPORT TO THE MAYOR AND CITY COUNCIL SUBJECT: Proposed Harbor Commission 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. li 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-enhanced2 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. 1 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 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: Prepared by: PATRICIA L. TEMPLE PATRICK J. ALFORD Planning Director Senior Planner Attachment: Proposed Rules of Procedure of the Harbor Commission. Harbor Commission October 9, 2001 h 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: 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 2 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 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 4 �'1 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. 5 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 1 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. XII. COMMITTEES 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 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. 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 may-Assistant City Manager, or his designee, and the Assistant City Manager shall be known as the €-x-904eieex o icio 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, depending 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 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 encouraee 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 n Lj I 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 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 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. XII. COMMITTEES 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 icioF- o 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. 6 �� 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 F=?i #eioex o icio ` Secretary at the next regular meeting preceding the meeting at which the motion to change is made. r CITY OF NEWPORT BEACH O� PLANNING DEPARTMENT 33oo NEWPORT BOULEVARD �., NEWPORT BEACH,CA 92658 c'uFOAN`r (949)644-32oo;FAX(949)644-3229 TO: John Corrough Seymour Beek Ralph Rodheim Lee Sutherland Tod Ridgeway FROM: Patrick Alford, Senior Planner DATE: November 8, 2001 SUBJECT: City Council Direction on the Formation of a Harbor Commission I apologize for the lateness of this report, but I was out of the office assisting with the JWA Settlement Agreement Extension EIR. As you are aware, the City Council took up the issue of the proposed Harbor Commission again on October 9, 2001 . The City Council provided some direction to staff and the Ad Hoc Harbor Committee on the membership of the proposed Harbor Commission and other issues. The City Council would like the Ad Hoc Harbor Committee to respond to this feedback so it can be placed on a future City Council meeting agenda with recommendations to establish a Harbor Commission and rules of procedures. A copy of the City Council minutes is attached. I have revised the draft rules of procedure for the proposed Harbor Commission based on the information provided by the City Council. The major changes are. outlined as follows: ■ Each City Council Member would nominate one Harbor Commission member and the nomination must be confirmed by the City Council. • Residency required (pursuant to the City Charter). ■ Member's terms to be staggered (pursuant to the City Charter). ■ Land use and property development review limited to those projects referred to the Harbor Commission by the City Council, Planning Commission, or City Manager. ■ Shifted recommended membership qualifications to Harbor Technical Advisory Committee (HTAC). 1 HTAC members would be nominated by the Chairman and confirmed by the Harbor Commission. I will set up a meeting to discuss this as soon as possible. If you have any questions, please call me at (949) 644-3235 or e-mail to .palford@city.newport-beach.ca.us. . Attachments: 1 . October 9, 2001 City Council minutes. 2. Revised Harbor Commission Rules of Procedure. 2 October 9, 2001 City Council Minutes on the Proposed Harbor Commission Council Member Bromberg stated that the issue of whether a Harbor Commission is needed has come up several times. He stated that it does add another layer of bureaucracy and needs to be approached carefully. He stated that of the 15,000 people in his district, about 11 ,000 live on or about the bay, and that he started thinking of having a Harbor Commission when the City started dealing with more issues affecting the bay. Council Member Bromberg stated that most of the issues are decided on by the Harbor Resources Division, can be appealed to the City Manager and then to the City Council. He stated that a Commission is possibly needed to deal with these issues, since they affect the quality of life of the residents. Council Member Glover stated that she heard that most of the members of the current Harbor Committee are from Balboa Island but upon a request to the City Manager, she learned that most of the people on the Harbor Committee don't live in Newport Beach. She stated her support for a Harbor Commission, but requested that the members live in Newport Beach and be required to give their place of residency. Council Member Glover stated that each Council Member should be able to appoint someone to the Commission to provide for geographical representation. She stated that this is only fair. She further agreed that the Harbor Commission should have the same level of authority as the Planning Commission. Senior Planner Alford stated that earlier in the year, the City Council approved the extension of the term of the Harbor Committee until final action was taken on a Harbor Commission, but no later than one year. He stated that the Harbor Committee has developed a set of proposed rules and procedures, which could serve as the charter for a Harbor Commission. He stated that the Harbor Committee is recommending that the Commission be advisory only, and added that if the City Council wanted the Commission to have permit and appellant authority, Title 17 of the Newport Beach Municipal Code would have to be amended. Senior Planner Alford noted that the proposed rules and procedures are modeled after the Planning Commission's, with some specific recommendations regarding membership. Mayor Pro Tern Ridgeway stated that the Harbor Committee has worked for over twelve months on the concept of a Harbor Commission. He stated that the original thought regarding the composition of the Commission was to have one appointee per Council district, but it was decided that this would result in a lack of expertise. He stated that ultimately there should be some authority given to the Commission through Title 17, and that the City Council would still have final authority over everything. Mayor Pro Tern Ridgeway stated that the Committee has debated the composition issue and agreed that City residency should be a requirement. Mayor Adams asked if staff had made any estimates regarding the impact to staff that the Commission would have. Assistant City Manager Wood stated that such an analysis had not been done and would depend upon the duties approved for the Commission. Mayor Adams stated that he's in support of a Harbor Commission, but would disagree with the concept if it were to require additional staffing or increase the City's budget. 1 Mayor Pro Tern Ridgeway stated that the Harbor Resources Director would act as the Planning Director does for the Planning Commission. He added that existing staff in the Harbor Resources Division could also take the minutes and he didn't see a significant impact to City resources. Assistant City Manager Wood noted that staff would also possibly have to prepare written reports if the Commission is designed to approve permits or make recommendations on permits. Mayor Adams requested that an analysis of City resources be included in the report to the City Council when the issue of whether to add a Harbor Commission is discussed. Per Mayor Adams' question, City Clerk Harkless stated that the City Clerk's office does not handle the agendas or minutes for the various commissions and committees. Council Member Bromberg stated that it is important not to politicize the proposed Commission by having District appointments. He pointed out that the recommended composition is suggesting that there be two members that reside on the harbor. He stated that the most significant factor when selecting the members should be their expertise. Council Member Glover disagreed that District appointments would politicize the Commission. Council Member Bromberg stated that care just needs to be taken, since it's a new Commission. Mayor Adams stated that he would like to see the bylaws include limiting projects for review to those referred to the Commission by the Planning Commission, the City Council, or the City Manager. He stated that it should help in minimizing the length of the public hearing process. Regarding the level of expertise of the members, Mayor Adams stated that the idea of a commission is to have residents of the City oversee what staff is doing and make sure that the interests of the citizens are kept in mind. He stated that City staff members are the experts, and having a commission composed of experts would be a departure from what has been done in the past. Council Member Bromberg agreed that the City should proceed cautiously. Mayor Pro Tern Ridgeway stated that the Committee is looking for direction from the City Council on the issue of membership for the new Commission. He suggested that the technical advisory committee that is being discussed include the expertise desired by some for the Commission. Mayor Adams stated that the membership selection for the proposed Harbor Commission could take place as it does for the Planning Commission, which is not necessarily an appointment by District but is done from a pool of candidates Citywide. Seymour Beek, Harbor Committee member, stated that although he lives on Balboa Island, the Harbor Committee does have representatives from other areas in the community as well. He stated that expertise can be found in every District. Mr. Beek expressed his pleasure for the support of a Harbor Commission and stated that there is a great need for it. He stated that he could readily think of thirteen topics that would appropriately be discussed by a Harbor Commission. 2 Council Member Glover agreed that it was time for a Harbor Commission. She added that she'd like to see the entire City Council vote for the membership. She further agreed that citizens' viewpoints are needed and that a technical advisory committee would-be a good idea. Mayor Pro Tern Ridgeway stated that commissions are intended to be citizens reviewing citizen requests. He stated that they're not designed to be technical bodies. Council Member Bromberg stated that the way a committee, commission or board is politicized is to appoint people who have specific interests. He added that staff should . also be given direction to have the membership staggered. John Corrough, Harbor Committee member, stated that an interesting aspect of the Committee's membership is the number of hats that each person wears. He stated that there is a diverse cross section of people interested in the environment, business and recreation. Mr. Corrough requested that the proposed Commission also have diversity in interests and strengths. He stated that he would soon be speaking in Fort Lauderdale, Florida about what the City of Newport Beach has done towards taking control of its harbor. Council Member Proctor noted the two opposing viewpoints, one being that a Harbor Commission would add another layer of bureaucracy and the other that it would provide a single focal point for harbor issues. He asked what is wrong with the current system that would require a new commission and another layer of bureaucracy. Mayor Adams suggested that this information be included in the staff report. Mayor Pro Tern Ridgeway stated that the bay was ignored for a number of years and the only time the City Council was involved was when there was an appeal of a decision by the Harbor Resources Department. He stated that it's time that the harbor was run as a business. He noted that at the meeting of the Harbor Committee earlier in the day, an appraisal was discussed regarding the operation of the harbor. He stated that the Committee spent the time to critique the appraisal, which hadn't been done in the past. He stated that a proactive approach regarding the harbor is needed, although nothing is really wrong with the current system. Council Member Bromberg suggested that staff place the item on a future City Council meeting agenda with recommendations to establish a Harbor Commission and rules of procedures. Regarding Council Member Proctor's earlier question, Assistant City Manager Kiff stated that it's important for the City to have the residents' perspective when facing harbor issues. Council Member Glover stated that Seymour Beek and Gary Hill approached her several years ago, when she was chairman of the Harbor Quality Committee, with some valid concerns about the bay and water issues. She stated that the City Council and the City Manager had been remiss in addressing the issues. She noted that the waterways are the heart of the City and she believes that a Harbor Commission is needed, although 3 staff time will be required. She stated that some issues need to be attended to but she doesn't see a change to those who live and enjoy the harbor. Mayor Adams requested that the City Manager provide an indication of when the item would-return to the City Council at the next City Council meeting. Mayor Pro Tern Ridgeway announced that the Harbor Committee is scheduled to meet on October 30, 2001 , and the item has not been agendized. 4 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 m W ��. The Harbor Commission shall consist of seven (7) members � � ► ti �iCE?iGihal nornanate one of rqerr3aad tZezeamc� t(a � � zec b 71 y the City Council nt to Sech % t ., --- 4'z �fleE electors O t � ` in making appointments to the uarl.nr Commission, it shall be an- ehiective- to pr-evide qualifications among the, M I e e 5 q olifi^atinns is ^nncider rl optimal. L—At least two (24 member-swhe reside en n oar the hor}nr At least one- (1) member- iRvelved in a water- de-pe-Rde-PA eve-mme-r-Gial activity in nr en the har-bet; eemmer^ial activity in or-near the harbo At least two (2) members with 4 experience in reer-eatio beating, in^ludi beating a erian^ in Nevimnrt 14afbe Al least one (1) member- with education--an&er—e-x-perie-n^gin Oeeanegr-aphy, Mar-ifie- Seie-nG@, Marine Engineering er-a related field. it sha4l be considered desirable- for- individual membor-s to be qualified in more- gian ene- of tha abeye- ^eta rieo Each member shall serve a term of four (4) years; ac such terms to be on a Vw y � staggered basisg,�u s antI&QSection 742�0 � €� . 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 Pep :3-Assistant 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 ref Ott �� t �ston NY commission,or the Cat M�a er that may affect harbor-arti:�ities. 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 Bav Element of the General Plan. 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 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�p ,g and the Pe} -Assistant City Manager shall be known as the Ex Ok--ieex o icio 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 d� rsohrc �rb retain outside consultants to provide additional advisory assistance. VI. LOCATION OF MEETINGS The Harbo; 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 3 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. 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 4 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 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. 5 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. 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. 6 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. XII. COMMITTEES Wi io nay 4ppoint�� 1n Cd dV 1zm �CC}t A ,� arr�.�' r, p�es�ntat��t�ie'maloz areas: of�n��rs��, haz �„��li�� a quali�a�i�o�s eoi�st't�ered optimal.. ■ A�Iea t two(2)HTACmem�w��esid��n e�� ar �; A�leasf orie(1)HTAC rrieri rtnc�Ivec zatpet�nt coii�ec�a actin or on the harhar ■ £�east `one 1 HT��be��,ui ��ed.�trig� z'�at� ,r�'lat�i�at r nhaiiceci commercial activity t� ��,.e��hai ■ Ate least two (2) HTAC meriers' ritktexpei tte wand perience irr A- a]boating,inmKulng tiatixig c ezice ■ 6— t.one (1) I 'IAf Imo u� a �ec �nigzaphya Marin � �ee, IF WIM, 5�n �� e50 �a � shah �co� de�� desirable for u�drvitna�H��'.t� �inebers�tc ��ali�i��more.. than��iie�t�f th�a��e categones 'vHTA��m�i�bers�sh�l�be nomziiatecl� the Chairman �.�.co � �e��arbor Commi�,siQ The Chairman may appoint oche- 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 icioEx Orf eie 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. 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 #&ieex o icio Secretary at the next regular meeting preceding the meeting at which the motion to change is made. g