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Approve Creation of a Harbor Commission
City of Huntington Beach a File #: 18-217 MEETING DATE: 8/6/2018 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Marie Knight, Director of Community Services Subject: Approve Creation of a Harbor Commission Statement of Issue: On May 7, 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, including 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 looked at best practices throughout the State. This Request for City Council Action seeks to authorize the creation of a Harbor Commission and the selection of its members. Financial Impact: There is no fiscal impact at this time. Recommended Action: A) Authorize the City Attorney to prepare a Municipal Code Amendment creating a Harbor Commission; and, B) Authorize the City Manager and Director of Community Services to create application guidelines for the Harbor Commission. Alternative Action(s): Do not approve the recommended actions 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 of the harbor and could serve as an advisory body to City Council on all matters pertaining to the harbor. City of Huntington Beach Page 1 of 3 Printed on 8/1/2018 pOVJere2QA'L egistar7ll File #: 18-217 MEETING DATE: 8/6/2018 To that end, City staff reviewed every harbor/port commission in the State to understand their operations, roles and responsibilities, and governance. Through this research, staff discovered that most of the harbors/ports had a revenue source that generated operational and maintenance funds. Our harbor does not have any associated revenue to offset operations and maintenance. There were only a few harbors in the State that could be closely compared to ours in either size, features and/or function. Based on our research and the needs of our harbor, and discussions with the Ad Hoc Committee, staff is recommending the following structure for the proposed Commission: Roles and Responsibilities The Commission would be an Advisory Board to the City Council on the following main topics: • Waterway Safety • General Infrastructure (e.g. seawalls, pier headlines, etc.) • Water Quality • Municipal Code Amendments The Harbor Commission would: 1. Advise the City Council on any matters concerning the harbor when so requested by Council. 2. Hold hearings on any matter concerning the commercial and recreational development of the harbor. 3. Advise the City Council on proposed harbor related improvements. 4. Make recommendations to City Council for adoption of regulations and programs necessary for the ongoing implementation of the goals, objectives, and policies of the harbor. 5. Advise the City Council on implementation of dredging priorities. 6. Recommend and advise to City Council in all matters pertaining to the use, control, operation, promotion, and regulation of vessels and watercraft within the harbor. 7. Make recommendations to City Council concealing the acquisition, disposition or repair of equipment, facilities, materials, and supplies relating the harbor. Additionally, staff met with the Ad Hoc Committee to discuss the Composition of a Harbor Commission and proposes the following: Harbor Commission Composition The Commission should be comprised of five (5) members, with staggered terms. These Commissioners must be residents in the harbor or have a business interest in the harbor. Additionally, the two City Council Liaisons will work with staff on selection criteria and interview applicants based on to be deteanined desired expertise. Should these recommendations be amenable to City Council, staff would bring back to City Council a Municipal Code Amendment establishing the Commission. Once that was adopted by City Council a recruitment process would be initiated for the Harbor Commission. Environmental Status: Not applicable. City of Huntington Beach Page 2 of 3 Printed on 8/1/2018 powera6�,Legis:ar"' File #: 18-217 MEETING DATE: 8/6/2018 Strategic Plan Goal: Improve quality of life Attachment(s): 1 . May 7, 2018, City Council Member item City of Huntington Beach Page 3 of 3 Printed on 8/1/2018 powerPOl ,Legista l f CITY OF HUNTINGTON BEACH ,.w,.• City Council Interoffice Communication To: Honorable Mayor and City Council Memb-ars From: Erik Peterson, Mayor Pro Te � n;.—� �,fir' Lyn Sem mem eta, City Council ber ,- _/rV_ ' Date: April 30, 2018 Subject: CITY COUNCIL MEMBER ITEM FOR THE MAY 7, 2018, CITY COUNCIL MEETING — CREATION OF A HARBOUR COMMISSION STATEMENT OF ISSUE: 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. In order to facilitate holistic management of Huntington Harbour a Harbour Commission should be created. The Commission's purpose would be to provide advice to the City Council on matters pertaining to the Harbour including: the use, control, operation, promotion, and regulation of vessels and watercraft within the Harbour; advice on any necessary or proposed Harbour-related improvements or infrastructure repair/maintenance; and make recommendations for the adoption of regulations and programs necessary for the ongoing implementation of the goals, objectives, and policies of the Harbour. RECOMMENDED ACTION: 1. Direct staff, including the City Attorney, to review best practices for the operation of a Harbour Commission, including the make-up of Commission membership, authority of the Commssion, and proposed amendments to the Municipal Code, for the creation and operation of a Harbour Commission. 2. Create an ad hoc committee, to include two Council Members as liaisons, to work with staff and return to Council within 90 days with a proposal covering items listed in #1 above. xc: Fred Wilson, City Manager Lori Ann Farrell Harrison, Assistant City Manager Robin Estanislau, City Clerk Michael Gates, City Attorney 267 Item 15. - 1 HR -356 8/6/2018 PROPOSED HARBOR COMMISSION ON MAY 7, 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, INCLUDING 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. SUPPLEMENTAL COMMUNICATION Mos"Date: 0V 6—/j 1 Agenda Ism No.: 1. ! -o��J 8/6/2018 • CURRENTLY, NO ADVISORY BODY EXISTS WITHIN THE CITY OF HUNTINGTON BEACH CHARGED WITH ENSURING THE WELFARE OF HUNTINGTON HARBOR FOR RESIDENTIAL, RECREATIONAL AND COMMERCIAL USERS OF THE WATERWAYS, AND RELATED INFRASTRUCTURE. • A HARBOR COMMISSION COULD FACILITATE A HOLISTIC MANAGEMENT OF THE HARBOR AND COULD SERVE AS AN ADVISORY BODY TO CITY COUNCIL ON ALL MATTERS PERTAINING TO THE HARBOR. RESEARCH • CITY STAFF REVIEWED EVERY HARBOR/PORT COMMISSION IN THE STATE TO UNDERSTAND THEIR OPERATIONS, ROLES AND RESPONSIBILITIES,AND GOVERNANCE • THROUGH THIS RESEARCH, STAFF DISCOVERED THAT MOST OF THE HARBORS/PORTS HAD A REVENUE SOURCE THAT GENERATED OPERATIONAL AND MAINTENANCE FUNDS • OUR HARBOR DOES NOT HAVE ANY ASSOCIATED REVENUE TO OFFSET OPERATIONS AND MAINTENANCE. THERE WERE ONLY A FEW HARBORS IN THE STATE THAT COULD BE CLOSELY COMPARED TO OURS IN EITHER SIZE, FEATURES AND/OR FUNCTION 2 8/6/2018 HARBOR COMMISSION ROLE 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 --� HARBOR COMMISSION RESPONSIBILITIES • ADVISE THE CITY COUNCIL ON ANY MATTERS CONCERNING THE HARBOR WHEN SO REQUESTED BY COUNCIL. HOLD HEARINGS ON ANY MATTER CONCERNING THE COMMERCIAL AND RECREATIONAL DEVELOPMENT OF THE HARBOR. • ADVISE THE CITY COUNCIL ON PROPOSED HARBOR 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 HARBOR. 3 8/6/2018 m--f HARBOR COMMISSION RESPONSIBILITIES • ADVISE THE CITY COUNCIL ON IMPLEMENTATION OF DREDGING PRIORITIES. • RECOMMEND AND ADVISE TO CITY COUNCIL IN ALL MATTERS PERTAINING TO THE USE, CONTROL, OPERATION, PROMOTION, AND REGULATION OF VESSELS AND WATERCRAFT WITHIN THE HARBOR. • MAKE RECOMMENDATIONS TO CITY COUNCIL CONCERNING THE ACQUISITION, DISPOSITION, OR REPAIR OF EQUIPMENT, FACILITIES, MATERIALS,AND SUPPLIES RELATING THE HARBOR. HARBOR COMMISSION COMPOSITION • THE COMMISSION SHOULD BE COMPRISED OF FIVE (5) MEMBERS, WITH STAGGERED TERMS. • THESE COMMISSIONERS MUST BE RESIDENTS IN THE HARBOR OR HAVE A BUSINESS INTEREST IN THE HARBOR. • THE TWO CITY COUNCIL LIAISONS WILL WORK WITH STAFF ON SELECTION CRITERIA AND INTERVIEW APPLICANTS BASED ON TO BE DETERMINED DESIRED EXPERTISE. / 4 8/6/2018 QUESTIONS? 5 8/7/2018 MY CIVIC CMS Export to PDF This issue is new Est. Resolution Date: Not Yet Set New Receive4tsigndtleferreltesolved Canceled Agenda & Public#107703 Select Action Select Resolution Hearing Select Action [Select Resolu Comments Add New Note sub type City Council Meeting COMMENTS&ADDITIONAL NOTES Public Art and Harbor Commission Just an FYI copy of my 3 minutes of fame tonight and Add Files thank you for your time... :)Good evening Council Members and Mayor Posey, I'm here tonight to comment on two agenda items.The Share With Citizen Public Art Commission and the Harbor Commission As part of my business, I was Change Who's Notified fortunate to travel for much of my life to cities Notify Whole Department throughout the US, Europe,Asia, Latin America and North Africa.One of the benefits of that travel was experiencing a wide variety of different cultures and heritages around the world. Many of those remember when Submit moments and impressions a city or place would leave were created from the use of Public Art and the effort a community would put in to create that feel or'vibe'of a Reassign Issue Issue SubType destination. Most of the time, cities that used Type a free-style or mish-mash of'plop art'/ City Council anything goes, missed the mark and in my Agenda&Pu view, missed an opportunity,whereas cities that used Public Art to promote their history, tell a story,or tie in a theme,would create an Assign Worker Support Worker impression that remained long after you've returned home. Huntington Beach is well Select Worker Select Suppor... known as a destination stop.A targeted effort to build on our heritage, develop those stories, would not only benefit tourism draw, but I believe it would contribute to community Est. Res. Date involvement and pride. There are many examples of beautiful and creative art that 11/25/2017 built a bigger picture as a whole and I believe a centralized strategy to develop and coordinate some of this work would have a far reaching beneficial impact. Harbor Commission I think reinstating a Harbor Total Time &Cost: Oh Omin/$0.00 Commission is long overdue. For years,the harbor has been sort of a step child within / Click here to chat https://mycity.mycivicapps.com/rail/index/4300 1/2 8/7/2018 MY CIVIC CMS Huntington Beach and for the most part, if you visited the HB web site, you wouldn't know a He M $ Notes harbor existed. Huntington Harbor is also unique in that there are several different Save agencies responsible for different aspects of the harbor,which gets confusing when dealing with enforcement, safety, permitting issues, etc.This is also an issue when looking at long term planning issues as well as maintenance 08/07/18 Notes Added Robin and infrastructure needs. Huntington Harbor is 1:05 Estanislau a key city resource and I believe the city PM would benefit having a closer tie into the Hello Mr. Larkin, harbor, not to mention a better finger on issues of concern.A short while back,we I will share your communication with dodged a serious bullet when the sole fuel the City Council. It may be a dock in the harbor was planning to shut its meeting or two before the Council is doors and walk away.The loss of that fuel presented with a resolution to create dock would of resulted in the Harbor being a Harbor Commission that will spell viewed as the harbor of last result, threatening out the make-up, purpose and property values as well public safety.A closer requirements of the Commission. tie into the harbor might of alerted the city You can check published agendas much sooner, avoiding the last minute on Wednesday evenings prior to the scramble. I believe a harbor commission first and third Monday of the month could help provide input for a centralized to see if the topic has been contact on Harbor issues as well as provide scheduled. For City Council meeting input/guidelines,for pollution,water quality, detail,visit public access, public safety issues. In short, I https://huntingtonbeach.legistar.com. believe the harbor is a key resource and the effort to better understand and address the Robin Estanislau issues related to the harbor,would better City Clerk serve both the city and the harbor stakeholders. Status Johanna 08/07/18 Changed Dombo Opened: By: Phone: 8:06 08/06/2018 William Larkin 949-310- AM 19:22 5118 The status of issue PM Email: #107703 has changed Wslarkin@yahoo.corMvice: from new to assigned. Closed: Workorder#107703 -'/--/---- Issue type changed from City Council to Agenda&Public Hearing Comments and subtype City Council Meeting. 2018©MyCivicApps CMS. Click here to chat https://mycity.mycivicapps.com/rail/index/4300 2/2 8/7/2018 MY CIVIC CMS Export to PDF This issue is new Est.Resolution Date:Not Yet Set New Received Assigned Referred Resolved Canceled Contact an Executive #107806 Select Action Select Resolution sub type City Clerk Select Action Select Resolution COMMENTS&ADDITIONAL NOTES Lyn,It is my understanding that you were instrumental in Add New Note gaining approval to create a harbor commission for Huntington Beach.Please let me know the application process to serve as one of the commissioners when established.We have a home on the main channel and an array of boats from a Duffy to a 60' yacht residing in the harbour. + Add Files Opened: By: Phone: Share With Citizen Change Who's Notified 08/07/2018 William Schmit 760-518-1611 11:38 AM Notify Whole Department Email: Device: Closed: wjschmit@gmail.com Submit Reassign Issue Type Issue SubType Contact an Executive City Clerk Assign Worker Support Worker Select Worker Select Support Workers Est.Res.Date 11/25/2017 Total Time&Cost:Oh Omin/$0.00 Hour Min / S Notes Save Notes Added Robin Estanislau 08/07/18 1:00 PM Mr.Schmit, I will forward your comments to Councilmember Semeta.It may be a meeting or two before the Council is presented with a resolution to create the Harbor Commission that will spell out the make-up,purpo: and requirements of the Commission.For now,the City's website ha: page devoted to Board and Commissions,and it includes a link to an online application form for citizens interested in@PWUe� itftt https://mycity.mycivicapps.com/rai1/index/4300 1/2 8/7/2018 MY CIVIC CMS web address: https://www.huntingtonbeachca.gov/government/boards_commission Regular meeting agendas for the Huntington Beach City Council are made available to the public on Wednesday evenings,prior to the firs and third Mondays of the month.You can access meeting detail here https://huntingtonbeach.Iegistar.com Robin Estanislau City Clerk Issue Type Changed Johanna Dombo 08/07/18 to Contact an 11:45 AM Executive and subtype City Clerk. 2018©MyCivicApps CMS. Click here to chat https://mycity.mycivicapps.com/rail/index/4300 212