Huntington Beach holds first ever harbor commission meeting

The new committee, designed to give advice to City Council about harbor-related matters, provided a lesson on the Brown Act and an introduction to appointed officials.

HUNTINGTON BEACH—For the first time in history, Huntington Beach hosted a harbor commission meeting at City Hall; the commission’s members convened inside a small conference room here in downtown Huntington Beach on March 28.

Mayor Erik Peterson, along with City council member Lynn Semeta, laid the groundwork for the new Huntington Harbour Commission on May 7, 2018. The commission finally came to life on March 28, with Peterson and Semeta attending the first meeting at City Hall, marking the first time Huntington Beach would have an official group of harbor commissioners.

Huntington Beach, including Sunset Beach and Huntington Harbour, has historically been considered a smaller coastal city, but there is no denying it has much on-water-related business.

Peterson stated, “We may think we’re a tiny beach city, but we have 200,000 people.”

Seven officials were appointed to the commission: Alfred Balitzer, Renee Hunter, William Larkin, Kimberley Milligan, John Ochs, Craig Schauppner and Michael Van Voorhis. Many of the commissioners had high hopes to improve boating safety/traffic on the waterways, perhaps one of the top complaints at Huntington Harbour.

During the meeting, William Larkin and Michael Van Voorhis threw in their names to be elected chair. Larkin was named chair with Van Voorhis in the vice chair position until June 30, when they will vote again to possibly change these positions.

 

Meet the Commissioners

Applications submitted by the commissioners can be found online at huntingotnbeach.legistar.com by clicking the consent calendar item approving appointment of harbor commissioners. Each commissioner gave a brief introduction including their background and why they were passionate about joining the harbor commission.

Alfred Balitzer, who mentioned he had been long pushing for Huntington Beach to form a harbor commission, is a retired college professor who has served as chairman for Foundation for California, Pacific Research & Strategies and California Safe Boating Foundation.

Balitzer wrote on his application, “Above all, I am interested in good government – making government efficient while serving the needs of our residents – a subject I have taught in my classes for several decades.”

Michael “Mike” Van Voorhis, with credentials as a Merchant Mariner and Coast Guard Master Boat Captain, has been an active boater in Huntington Harbour since 1989. Van Voorhis is a mooring owner in Catalina Island and has made more than 300 Catalina Channel crossings. He also served as a volunteer firefighter in Sunset Beach and a board member for Visit Huntington Beach.

Craig Schauppner, a Senior Operations Research Analyst for the U.S. Navy, is the most recent resident in Huntington Beach, choosing to relocate to the city with his wife about 2 years ago. Schauppner was raised by a Marine father and desired to move back into the Orange County area.

According to his application, Schauppner said, “We [him and his wife] have also observed people complain but do nothing to solve the problem. My civic interest stems from a sense of responsibility and desire to solve problems and improve the community.”

A native Canadian, Kimberley Milligan is an attorney and commodore for Huntington Harbour Yacht Club. During her introduction, she stated her father had also worked with the tall ships in Dana Point. Milligan is a lifelong boater and Director of Southern California Yachting Association.

Renee Hunter, a retired aerospace executive, mentioned she had worked with Boeing and she was unique in that she was coming to the harbor commission from an “assets” perspective.

On her application, she stated, “Our harbor is a critical asset of our community and I’m thrilled to see a commission being formed to address its health and safety. Maintaining and improving our harbor, along with beaches and parks is essential for community, city and future.”

John Ochs, a transplant from Davenport, Iowa, moved to Huntington Beach in 1998 after deciding during a Christmas party held in Huntington Harbour in 1986 that he and his wife wanted to live in the seaside community. Ochs brings extensive Coast Guard training and experience with him to the commission.

William “Bill” Larkin, a resident of Huntington Beach since 2009, has perhaps the most experience serving specifically under a commission in the municipality. Larkin resigned from the Public Works Commission to join the Harbor Commission. An avid boater, diver and fisherman, Larkin also keeps a boat slip in Newport Beach as well as Huntington Harbour. Larkin worked for Orthodyne Electronics from 1981 until 2009 when he retired.

Commissioners are volunteers and will not be compensated for their work.

 

Presentation on the Brown Act

Chief Assistant City Attorney Mike Vigliotta began the meeting by giving a brief presentation on The Brown Act, asking members in the room to raise their hands if they had heard of the act that decreed the public’s right to participation in public meetings.

Vigliotta stated the two most important elements of the Brown Act were that no secret, or “serial,” meetings could take place and topics could only be discussed if they had been noticed publically on the meeting agenda. Secret meetings, as Vigliotta stated, would be when three or more public officials gathered together to discuss business matters privately.

According to Commissioner Van Voorhis, it appeared the commissioners had unknowingly violated the act before their first meeting even took place. Before the first meeting, commissioners had been gathering together in the conference room “brainstorming ways to make the Christmas boat parade better,” according to Van Voohis who questioned if that would be a violation of The Brown Act. Vigliotta responded that was a violation, further explaining any business matters would need to be discussed in a public forum.

The Brown Act, which was authored by Assemblyman Ralph M. Brown and passed in 1953, has been described as a paper tiger of a law since no criminal convictions have ever resulted from it. Vigliotta confirmed this and further stated while lawsuits served for violating the Brown Act were fairly common in Huntington Beach and Santa Ana, where he previously practiced. Huntington Beach does provide a training course for The Brown Act, of which all commissioners were encouraged to attend.

“Not surprisingly, the Brown Act has been a source of confusion and controversy since its inception. News media and government watchdogs often argue the law is toothless, pointing out that there has never been a single criminal conviction for a violation,”reads League of California Cities’ “Open & Public IV: A Guide to the Ralph M. Brown Act.”

The Log’s Parimal M. Rohit has written on the subject of televising meetings last year. Gov. Jerry Brown overturned a bill proposing recording committee meetings. At the end of the article, there is a listing of commissions that make meetings available for the public to access besides, of course, attending them. The argument for Brown was that since official decisions are not made, it is not of the utmost importance to offer recordings. It is not clear whether Huntington Harbour Commission will offer recordings for their future meeting, but sister cities in Orange County, Dana Point and Newport Beach, do not offer recordings. While it is not a legal requirement, Rohit posed the question of whether not the decision to make broadcasting public planning meetings optional interferes with complete transparency.

The next harbor commission meeting is scheduled for April 25.

For more information about Huntington Beach, visit surfcityusa.com.

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