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HomeMy WebLinkAboutAdopted Ordinance No. 4170 amending the Huntington Beach Mun _ City of Huntington Beach File #: 18-576 MEETING DATE: 12/17/2018 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Antonia Graham, Assistant to the City Manager Subject: Adopt Ordinance No. 4170 amending the Huntington Beach Municipal Code (HBMC) by adding Chapter 2.65 creating the Harbor Commission Approved for introduction as amended 11-19-2018 - Vote: 7-0 Statement of Issue: On April 30, 2018, Mayor Pro Tern Erik Peterson and Council Member Lyn Semeta brought forth an item to create an Ad Hoc Committee to work with staff to review best practices for the operation of a Harbor Commission. This review included the make-up of Commission membership, authority of the Commission, and proposed amendments to the Municipal Code for the creation and operation of a Harbor Commission. Since that time, City staff has met with the Ad Hoc Committee and reviewed best practices throughout the State. This Request for Council Action formally amends the Municipal Code to create the Harbor Commission. Financial Impact: Not applicable. Recommended Action: Adopt Ordinance No. 4170, "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal Code By Adding New Chapter 2.65 Harbor Commission." Alternative Action(s): Do not approve and direct staff accordingly. Analysis: Currently, no advisory body exists within the City of Huntington Beach charged with ensuring the welfare of Huntington Harbour for residential, recreational and commercial users of the waterways and related infrastructure. A Harbor Commission would facilitate a holistic management and serve as an advisory body to the City Council on matters pertaining to the Harbour. To that end, City staff reviewed every harbor/port commission in the State to understand their operations, roles and responsibilities, and governance. Staff also City of Huntington Beach Page 1 of 2 Printed on 12/12/2018 774 powered by Leaistar7"s File #: 18-576 MEETING DATE: 12/17/2018 met with the Ad Hoc Committee to discuss their findings on Board Composition and Roles and Responsibilities of a Harbor Commission. The City Council voted unanimously at the August 6, 2018, City Council meeting to move forward with codifying the creation of a Commission in the Huntington Beach Municipal Code. The Commission should be comprised of seven (7) members with two (2) City Council Member Liaisons. The Council Member Liaisons will present the chosen applicants to City Council for approval. The Commission would be an Advisory Board to the City Council on the following main topics: - Waterway Safety - General Infrastructure (e.g. seawalls, pier head lines, etc.) - Water Quality - Municipal Code Amendments The Harbor Commission may study, report, and analyze issues regarding the Huntington Harbour and may assist in securing financial support for the Harbour, its beaches, parks, and recreational needs. The Commission may advise the Council on all Huntington Harbour related improvements proposed by the City and make recommendations to the City Council for adoption of regulations and programs related to the goals, objectives, and policies of the Harbour. Environmental Status: Not Applicable. Strategic Plan Goal: Improve quality of life Attachment(s): 1. Ordinance No. 4170, "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Adding New Chapter 2.65 Harbor Commission" City of Huntington Beach Page 2 of 2 Printed on 12/12/2018 775 powered by Legistar-` ORDINANCE NO. 4170 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING NEW CHAPTER 2.65 HARBOR COMMISSION The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION L The Huntington Beach Municipal Code is hereby amended by adding new Chapter 2.65 entitled"Harbor Commission" to read as follows: 2.65.010 Established There is an established advisory Harbor Commission in and for the City with its purpose to advise City Council regarding issues related to the Huntington Harbour. 2.65.020 Composition The Commission shall be comprised of seven (7) members with two (2) City Council Member Liaisons. The Council Member Liaisons will present the chosen applicants to City Council for approval. 2.65.025 Appointment The City Council shall appoint the seven (7) members to the Harbor Commission. 2.65.030 Removal A. Harbor Commissioners shall hold no paid office or employment in the City government while serving on the Harbor Commission. If the City Council determines that a member be retired, or otherwise no longer would like to serve, it may so order and appoint a successor for the unexpired term of office of such retired member. Further, members shall be privileged to retire voluntarily from the Harbor Commission at any time, successors to be appointed in such cases for the unexpired terms of office, and also in the event of other occurring vacancies from whatever cause, by the City Council by a majority of votes. B. Regular attendance at meetings is required of all Harbor Commissioners to enable the Commission to discharge its duties. A member absent from three meetings in a fiscal year shall be deemed to have resigned from the Harbor Commission, and immediate notification shall be given to the Mayor and City Council of such vacancy. Following expiration of his/her term of office, each member of the Harbor Commission shall continue to serve until his/her successor is appointed and qualified. Members of the Harbor Commission may be removed by the City Council for any reason upon announcement of such removal at a regular City Council meeting; provided, however, that no member of the Harbor Commission may be removed prior to January 1 following any general municipal election. ORDINANCE NO. 4170 2.65.035 Vacancies Vacancies in the Harbor Commission shall be filled by appointment by the City Council. 2.65.040 Service Limitation No person shall serve more than two consecutive 4-year terms; provided, however, that persons serving on the effective date of this chapter may complete their current terms and, if reappointed, an additional term thereafter. 2.65.045 Mayor—Ex Officio Member The Mayor shall be an ex officio member of the commission. 2.65.050 Secretary The City Manager and his or her designee, shall serve as secretary to the Harbor Commission without vote and shall keep permanent minutes of the Harbor Commission meetings. 2.65.055 Duties and Responsibilities The Harbor Commission shall act in an advisory capacity to the City Council on matters pertaining to the Huntington Beach Harbour, its beaches, facilities, and parks. The primary role of the Harbor Commission is to advise City Council concerning Waterway Safety, General Infrastructure (e.g. seawalls, pier headlines, bulk heads etc.), Water Quality and Municipal Code Amendments. The Harbor Commission shall cooperate with other governmental agencies and civic groups in the advancement of the Huntington Harbour and recreational planning under the direction of the City Council. Harbor Commissioners may study, report and analyze issues regarding the Huntington Harbour and may assist in securing financial support for the Huntington Harbour, its beaches, parks and recreational needs. The Harbor Commission may advise City Council on current operational needs and long-range plans for City proposed capital improvement in the Huntington Harbour. In addition, the Harbor Commission shall advise the City Council on any other matters concerning the Huntington Harbour when so requested by Council. The Harbor Commission may advise the City Council on proposed Huntington Harbour related improvements; make recommendations to City Council for adoption of regulations and programs necessary for the ongoing implementation of the goals, objectives, and policies of the Huntington Harbour; advise the City Council on implementation of dredging priorities; advise the City Council on matters pertaining to the use, control, and operation of vessels and watercraft within the Huntington Harbour; make recommendations to City Council concerning the acquisition, disposition, or repair of equipment, facilities, materials, and supplies relating the Huntington Harbour. 2.65.060 Operatinjz Policies The Harbor Commission shall conform to the operating policy for boards and commissions as set forth in Chapter 2.100 of this Code. In addition, the Harbor Commission shall establish operating policies and procedures. 18-6756/192376 2 ORDINANCE NO.4170 2.65.065 Meetinl4s The Harbor Commission shall follow all Ralph M. Brown Act open meeting laws as well as the California Public Records Act. The Harbor Commission shall meet regularly on the 4" Thursday of the month at 5:00 p.m. at City Hall unless it should fall on a holiday. In such case,the following Wednesday shall be designated. Special meetings may be called by the chairperson. 2.65.070 Election of Officers The Harbor Commission shall elect from its members a chairperson and vice chairperson at the regularly scheduled July of each year meeting and such officers shall serve for one year and until their successors are elected and qualified. The chairperson and vice chairperson may make and second motions and shall have a voice and vote in all proceedings of the commission. 2.65.075 Quorum Proceedings A majority of the members of the Harbor Commission in office shall constitute a quorum. A majority vote of the members present and voting, where a quorum is present at any regular or special meeting, is required to carry a motion, proposal or resolution. Upon demand of any member, the roll call shall be called for yeas and nays upon any question before the commission. Absence from three consecutive meetings without formal consent of the Harbor Commission chairperson shall be deemed to constitute the retirement of such member and the position shall become vacant. Roberts' Rules of Order Revised shall govern the procedure of meetings of the commission unless inconsistent with other provisions of this chapter. SECTION 2. That this Ordinance shall become effective thirty (30) days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on December 17 , 2018. Mayor ATTEST: APPROVED AS TO FORM: i City Clerk ` City Attorney tAv- INITIA ED AND APPROVED: AM/LZ Cit Hager 18-6756/192376 3 Ord. No. 4170 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a Regular meeting thereof held on November 19, 2018, and was again read to said City l Council at a Regular meeting thereof held on December 17, 2018, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, Hardy NOES: None ABSENT: None ABSTAIN: None I,Robin Estanislau,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Wave on December 27,2018. In accordance with the City Charter of said City. Robin Estanislau, City Clerk City Clerk and ex-officio Clerk Deputy City Clerk of the City Council of the City of Huntington Beach, California -6 '—A14 OIAAI6 � City of Huntington Beach File #: 18-538 MEETING DATE: 11/19/2018 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Antonia Graham, Assistant to the City Manager Subiect: Approve for introduction Ordinance No. 4170 amending the Huntington Beach Municipal Code (HBMC) by adding Chapter 2.65 creating the Harbor Commission Statement of Issue: On April 30, 2018, Mayor Pro Tem Erik Peterson and Council Member Lyn Semeta brought forth an item to create an Ad Hoc Committee to work with staff to review best practices for the operation of a Harbor Commission. This review included the make-up of Commission membership, authority of the Commission, and proposed amendments to the Municipal Code for the creation and operation of a Harbor Commission. Since that time, City staff has met with the Ad Hoc Committee and reviewed best practices throughout the State. This Request for Council Action formally amends the Municipal Code to create the Harbor Commission. Financial Impact: Not applicable. Recommended Action: Approve for introduction Ordinance No. 4170, "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal Code By Adding New Chapter 2.65 Harbor Commission." Alternative Action(s): Do not approve and direct staff accordingly. Analysis: Currently, no advisory body exists within the City of Huntington Beach charged with ensuring the welfare of Huntington Harbour for residential, recreational and commercial users of the waterways and related infrastructure. A Harbor Commission would facilitate a holistic management and serve as an advisory body to the City Council on matters pertaining to the Harbour. To that end, City staff reviewed every harbor/port commission in the State to understand their operations, roles and responsibilities, and governance. Staff also met with the Ad Hoc Committee to discuss their findings on Board Composition and Roles and Responsibilities of a Harbor Commission. The City Council voted unanimously at the August 6, 2018, City Council meeting to City of Huntington Beach Page 1 of 2 Printed on 11/15/2018 powered by Leaistar- File #: 18-538 MEETING DATE: 11/19/2018 move forward with codifying the creation of a Commission in the Huntington Beach Municipal Code. The Commission should be comprised of seven (7) members with two (2) City Council Member Liaisons. The Council Member Liaisons will present the chosen applicants to City Council for approval. The Commission would be an Advisory Board to the City Council on the following main topics: - Waterway Safety - General Infrastructure (e.g. seawalls, pier head lines, etc.) - Water Quality - Municipal Code Amendments The Harbor Commission may study, report, and analyze issues regarding the Huntington Harbour and may assist in securing financial support for the Harbour, its beaches, parks, and recreational needs. The Commission may advise the Council on all Huntington Harbour related improvements proposed by the City and make recommendations to the City Council for adoption of regulations and programs related to the goals, objectives, and policies of the Harbour. Environmental Status: Not Applicable. Strategic Plan Goal: Improve quality of life Attachment(s): 1 . Ordinance No. 4170, "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Adding New Chapter 2.65 Harbor Commission" City of Huntington Beach Page 2 of 2 Printed on 11/15/2018 powered by LegistarTl , ORDINANCE NO. 4170 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING`NEW CHAPTER 2.65 HARBOR COMMISSION ° The City Council of the City of Huntington Beach does hereby ordain,as follows: SECTION I. The Huntington Beach Municipal Code is hereby amended by adding new Chapter 2.65 entitled "Harbor Commission" to read as follows: 3 r 2.65.010 Established There is an established advisory Harbor Commission in and for®.the City with its purpose to advise City Council regarding issues related to the Huntingto`Harbour. 2.65.020 Composition The Commission shall be comprised of seven (7) members with two (2) City Council Member Liaisons. The Council Member Liaisons will present the chosen applicants to City Council for approval. 2.65.025 Appointment � The City Council shall appoint the seven (7)'members to the Harbor Commission. 2.65.030 Removal A. Harbor Commissioners shall hold no paid office or employment in the City government while serving on the Harbor Commission. If the City Council determines that a member be retired, or otherwise no longer would like to serve, it may so order and appoint a successor for the unexpired term of office of such retired member. Further, members shall be privileged to retire voluntarily from the Harbor Commission at any time, successors to be appointed in such cases for the unexpired terms of office, and also in the event of other occurring vacancies from whatever cause, by the City Council by a majority of votes. B. Regular attendance at meetings is required of all Harbor Commissioners to enable the Commission to discharge its duties. A member absent from three meetings in a fiscal year shall be deemed to have resigned from the Harbor Commission, and immediate notification shall be given to the Mayor,/and City Council of such vacancy. Following expiration of his/her term of office, each member of the Harbor Commission shall continue to serve until his/her successor is appointed and qualified. Members of the Harbor Commission may be removed by the City Council for any reason upon announcement of such removal at a regular City Council meeting; provided, however, that no member of the Harbor Commission may be removed prior to January 1 followi/g any general municipal election. 0 2.65.035 Vacancies Vacancies in the Harbor Commission shall be filled by appointment by the City Council. f ORDINANCE NO.4170 , jr. f ' 2.65.040 Service Limitation No person shall serve more than two consecutive 4-year terms; provided, however, that persons serving on the effective date of this chapter may complete their current terms and, if reappointed, an additional term thereafter. 2.65.045 Mayor—Ex Officio Member The Mayor shall be an ex officio member of the commission. 2.65.050 Secretary 's The City Manager and his or her designee, shall serve as secretary to the Harbor Commission without vote and shall keep permanent minutes of the Harbor Commission meetings. 2.65.055 Duties and Responsibilities The Harbor Commission shall act in an advisory capacity to the City Council on matters pertaining to the Huntington Beach Harbour, its beaches, facilities, and parks. The primary role of the Harbor Commission is to advise City Council concerning Waterway Safety, General Infrastructure (e.g. seawalls, pier headlines, bulk heads/etc.), Water Quality and Municipal Code Amendments. The Harbor Commission shall cooperate with other governmental agencies and 9 civic groups in the advancement of the Huntington/Harbour and recreational planning under the direction of the City Council. Harbor Commissoners may study, report and analyze issues regarding the Huntington Harbour and may assist in securing financial support for the Huntington Harbour, its beaches, parks and recreational needs. The Harbor Commission may advise City Council on current operational needs and long-range plans for City proposed capital improvement in the Huntington Harbour. In addition, the Harbor Commission shall advise the City Council on any other matters concerning the Huntington Harbour when so requested by Council. The Harbor Commission may advise the City Council on proposed Huntington Harbour related improvements; make recommendations to City Council for adoption of regulations and programs necessary for the ongoing implementation of the goals, objectives, and policies of the Huntington Harbour; advise the City Council on implementation of dredging priorities; advise the City Council on matters pertaining to the use, control, and operation of vessels and watercraft within the Huntington Harbour; make recommendations to City Council concerning the acquisition, disposition, or repair of equipment, facilities, materials, and supplies relating the Huntington Harbour. 2.65.060 AuthorityThe Harbor Commission shall provide advice to City Council regarding public property and private property improvements with the waterways owned or in control of the City of Huntington Beach within the Huntington Harbour. 2.65.105 Operating Policies _..-_.. The Harbor Commission shall conform to the operating policy for boards and commissions as set forth in Chapter 2.100 of this Code. In addition, the Harbor Commission shall establish operating polies and procedures. /18-6756/192076 2 ORDINANCE NO.4170 2.65.110 Meetings The Harbor Commission shall follow all Ralph M. Brown Act open meeting laws as well as the California Public Records Act. The Harbor Commission shall meet regularly on the 41h Thursday,,f of the month at 5:00 p.m. at City Hall unless it should fall on a holiday. In such case, the following Wednesday shall be designated. Special meetings may be called by the chairperson. 2.65.120 Election of Officers The Harbor Commission shall elect from its members a chairperson and vice chairperson at the regularly scheduled July of each year meeting and such officers shall serve for on year and until their successors are elected and qualified. The chairperson and vice chairperson may make and second motions and shall have a voice and vote in all proceedings of the commission. 2.65.130 Quorum Proceedings ` A majority of the members of the Harbor Commission in office shall constitute a quorum. A majority vote of the members present and voting, where a quorum is present at any regular or special meeting, is required to carry a motion, proposal or resolution. Upon demand of any member, the roll call shall be called for yeas and nays upon any question before the commission. Absence from three consecutive meetings without formalconsent of the Harbor Commission chairperson shall be deemed to constitute the retirementfof such member and the position shall become vacant. Roberts' Rules of Order Revised shall govern the procedure of meetings of the commission unless inconsistent with other provisions of this chapter. SECTION 2. That this Ordinance shall become effective thirty (30) days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on 2018. Y t#` f.. Mayor r ATTEST: r` l APPROVED AS TO FORM: f City Clerk City Attorney r` INITIATED AND APPROVED: Assistant to City Manager /18-6756/191740 3