Newport Beach Municipal Code Art. VII Appointive Boards and Commissions

There shall be the following named boards and commissions which shall have the powers and duties herein stated. In addition, the City Council may create by ordinance or resolution such additional advisory boards or commissions as in its judgment are required, and may grant to them such powers and duties as are consistent with the provisions of this Charter.

(As amended effective January 9, 2013)

The City Council shall include in its annual budget such appropriations of funds as in its opinion shall be sufficient for the efficient and proper functioning of such boards and commissions.

The members of each of such boards or commissions shall be appointed by the City Council from the qualified electors of the City, none of whom shall hold any paid office or employment in the City government. They shall be subject to removal by motion of the City Council adopted by at least four affirmative votes. The members thereof shall serve for a term of four years and until their respective successors are appointed and qualified.

The initial term of any board or commission member shall be established by the City Council at the time the board or commission is created. This revision shall not affect the term of any board or commission existing prior to November 1, 2012.

(As amended effective April 1, 1955, and January 9, 2013)

Boards and commissions shall organize by electing one of its members to serve as presiding officer at the pleasure of such board or commission. Each board or commission shall hold regular meetings at such frequency as required by its workload and such special meetings as such board or commission may require. All proceedings of a board or commission shall be conducted pursuant to the Ralph M. Brown Act, or any successor law.

Except as may be otherwise provided in this Charter, a secretary shall be designated for the recording of minutes for each of such boards and commissions, who shall keep a record of its proceedings and transactions. Each board or commission may prescribe its own rules and regulations which shall be consistent with this Charter and copies of which shall be kept on file in the office of the City Clerk where they shall be available for public inspection. Each board or commission shall have the same power as the City Council to compel the attendance of witnesses, to examine them under oath, to compel the production of evidence before it and to administer oaths and affirmations.

(As amended effective December 20, 2010, and January 9, 2013)

The members of boards and commissions shall serve without compensation for their services as such, but may receive reimbursement for necessary traveling and other expenses incurred on official duty when such expenditures have received authorization by the City Council. In addition, the City Council may by resolution fix an amount as reimbursement of other expenditures incurred by the members of boards and commissions while in the performance of their official duties.

Any vacancies in any board or commission, from whatever cause arising, shall be filled by appointment by the City Council. If a vacancy occurs within six (6) months from the expiration of the term, the City Council has the discretion to appoint a replacement to serve the balance of the unexpired term plus one (1) full term of four (4) years. If a member of a board or commission absents himself or herself from three consecutive regular meetings of such board or commission, unless by permission of such board or commission expressed in its official minutes, or is convicted of a crime involving moral turpitude, or ceases to be a registered elector of the City, his or her office shall become vacant and shall be so declared by the City Council.

(As amended effective June 6, 1974, December 20, 2010, and January 9, 2013)

There shall be a Planning Commission consisting of seven members.

(As amended effective April 1, 1955, April 28, 1966, and June 6, 1974)

There shall be a Planning Commission consisting of seven members which shall have the power and be required to:

(a) After a public hearing thereon, recommend to the City Council the adoption, amendment or repeal of a General Plan, or any part thereof, for the physical development of the City.

(b) Exercise such control over land subdivisions as is granted to it by ordinance not inconsistent with the provisions of this Charter.

(c) Exercise such functions with respect to zoning and land use as may be prescribed by ordinance not inconsistent with the provisions of this Charter.

(As amended effective January 9, 2013)

There shall be a Board of Library Trustees consisting of five members which shall have the power and duty to:

(a) Have charge of the administration of City libraries and make and enforce such by-laws, rules and regulations as may be necessary therefor.

(b) Designate its own secretary.

(c) Consider the annual budget for library purposes during the process of its preparation and make recommendations with respect thereto to the City Council and City Manager.

(d) Purchase and acquire books, journals, maps, publications and other supplies peculiar to the needs of the library, subject, however, to the limitations of the budget for such purposes. The expenditure and disbursement of funds for such purchases shall be made and approved as elsewhere in this Charter provided.

(e) Approve or disapprove the appointment, suspension or removal of the Librarian, who shall be the department head.

(f) Accept money, personal property or real estate donated to the City for library purposes, subject to the approval of the City Council.

(g) Contract with schools, county or other governmental agencies to render or receive library services or facilities subject to the approval of the City Council.

There shall be a Parks, Beaches and Recreation Commission consisting of seven members which shall have the power and be required to:

(a) Act in an advisory capacity to the City Council in all matters pertaining to parks, beaches, recreation, parkways and street trees.

(b) Assist in the planning of parks and recreation programs for the inhabitants of the City, promote and stimulate public interest therein, and to that end solicit to the fullest extent possible the cooperation of school authorities and other public and private agencies interested therein.

(c) Establish policies for the acquisition, development and improvement of parks, beaches and playgrounds and for the planting, care and removal of trees and shrubs in all parks, playgrounds and streets, subject to the rights and powers of the City Council.

(d) Perform such other duties as may be prescribed by ordinance not inconsistent with the provisions of this Charter.

(As amended effective April 28, 1966, June 6, 1974, and January 9, 2013)

The Civil Service Board shall consist of five members, none of whom while a member of the board, or for a period of one year after he or she has ceased for any reason to be a member, shall occupy or be eligible for appointment to any salaried office or employment in the service of the City.

The members of the Civil Service Board shall be nominated and appointed in the following manner. Two members shall be appointed by the City Council from a list of five persons to be nominated by vote of the employees in the Classified Service, two members shall be appointed by the City Council directly, and the fifth shall be appointed by the City Council from a list of three persons nominated by a majority of the four thus appointed. The successor of any member of the board shall be nominated and appointed in the same manner as such member was nominated and appointed.

(As amended effective January 9, 2013)

The Civil Service Board shall have the power and duty to:

(a) Recommend to the City Council, after a public hearing thereon, the adoption, amendment or repeal of civil service system rules and regulations. The rules and regulations, as may be adopted from time-to-time by the City Council, shall have the force and effect of law.

(b) Act in an advisory capacity to the City Council on problems concerning personnel administration.

(c) Receive and hear appeals submitted by any person employed by the City relative to any appointment, promotion, suspension, demotion, dismissal or other disciplinary action and to make determinations thereon. The Board’s determinations shall be final for persons included in the Civil Service System. The Board may modify or revoke a disciplinary action only upon the following three grounds:

1. The facts do not justify the action taken, the action taken is unlawful or the action taken is superseded by local, state or federal law; or

2. Substantive violation or omission of procedure was made; or

3. The action taken was unreasonable, capricious or arbitrary in view of the offense, the circumstances surrounding the offense and the past employee record of the employee.

(d) Make any investigation concerning the administration of personnel in the municipal service and report its findings to the City Council and City Manager when requested to do so by the City Council, the City Manager or by any organized City Employees’ association.

(e) Perform such other duties as may be prescribed by ordinance.

(As amended effective December 20, 2010)

There shall be a City Arts Commission with the number of members to be established by ordinance or resolution and it shall have the power and duty to:

(a) Act in an advisory capacity to the City Council in all matters pertaining to artistic, aesthetic and cultural aspects of the City.

(b) Recommend to the City Council the adoption of such ordinances, rules and regulations as it may deem necessary for the administration and preservation of fine arts, performing arts, historical, aesthetic and cultural aspects of the community.

(c) On behalf of the City, actively encourage programs for the cultural enrichment of the community.

(d) Perform such other duties relating to the Arts as the City Council may require.

(Added effective June 6, 1974, and amended effective December 15, 1992)

There shall be a City Harbor Commission of seven members which shall have the power and duty to:

(a) Advise the City Council on all matters relating to proposed harbor improvements and the use of Newport Harbor.

(b) Advise the City Council on all matters pertaining to the use, control, operation, promotion and regulation of all vessels within Newport Harbor.

(c) Approve, conditionally approve, or disapprove applications on all permits where the City of Newport Beach Municipal Code assigns the authority for the decision to the Harbor Commission.

(d) 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.

(e) Advise the City Council, Planning Commission and City Manager on land use and property development applications referred to the Harbor Commission by the City Council, Planning Commission, or the City Manager.

(f) Serve as an appellate and reviewing body for decisions on permits and other harbor-related administrative matters where the City of Newport Beach Municipal Code assigns such authority to the Harbor Commission.

(g) Perform such other duties relating to Newport Harbor as the City Council may require.

(As amended effective December 14, 2020)