Chapter 2.54
PORT AND HARBOR COMMISSION

Sections:

2.54.010    Definitions.

2.54.020    Membership – Organization.

2.54.030    Procedures generally.

2.54.040    Duties.

2.54.050    Filling of vacancies.

2.54.060    Cooperation of other agencies – Staff.

2.54.010 Definitions.

“Port” or “port facility” means all facilities, systems, and City property adjacent to all navigable contiguous waterways within the City limits of the City, including, but not limited to, the fuel dock, the City cargo dock, the small boat harbor, the ocean dock, and any other similar facility presently existing or which may be developed or obtained in the future. [Ord. 535-08 § 9, 2008; Ord. 38, 1986. Formerly 2.21.010].

2.54.020 Membership – Organization.*

A. The Port Commission shall consist of seven members. At least five members shall be residents. Up to a maximum of two (with expertise) may be nonresidents of Whittier who are registered to vote in the State of Alaska. The seven members shall be appointed by the Mayor subject to confirmation by the City Council. Appointments to the Commission shall be for three-year staggered terms except where an interim appointment is necessary to complete the term of a Commissioner who resigns, dies, or is otherwise removed from office. In the event of vacancies, the Mayor, subject to confirmation by the City Council, shall make an appointment to fill the unexpired term of the absent member. Members may be removed by the City Council at any time. Chairpersons shall be elected by and from the Commission and shall serve in this capacity for a one-year period. The City shall provide staff support for the Commission.

B. The Commission shall establish rules of procedure providing that there be regular meetings of the Commission. The Port and Harbor Commission shall hold regular meetings every first Thursday of each month at a date, time and place as set by the Commission. Special meetings may be called at the discretion of the chairperson or by a majority of the voting members of the Commission. No member shall miss more than three consecutive regular meetings or three unexcused meetings. All meetings of the Commission shall be open to the public.

C. A majority of the Commission shall constitute a quorum for the transaction of business. Four affirmative votes shall be necessary to carry any question.

D. The permanent records, or minutes, shall be kept. The minutes shall be properly filed in the office of the City Clerk and shall be open to inspection by any person.

E. To the extent possible, membership will be made up of representatives of recreation industry, transportation industry, tourism industry, and commercial fishing industry. [Ord. 01-2020 § 2, 2020; Ord. 10-2016 § 2, 2017; Ord. 22-2015 § 2, 2015; Ord. 16-2013 § 2, 2013; Ord. 535-08 § 9, 2008; Ord. 367-97 § 2(A) and (E), 1997; Ord. 365-97 § 2(C), 1997; Ord. 233-92 § 1, 1992; Ord. 182-91 § 1, 1991; Ord. 38, 1986. Formerly 2.21.020].

*    Note: For terms of office, see WMC 2.50.040.

2.54.030 Procedures generally.

A. The Commission shall act as an advisory board to the City Council in port and harbor matters. All resolutions and either minutes of the Port Commission, or a similar report, shall be presented to the City Council by a Commission member, or in his absence, by the City Manager.

B. An agenda of meetings shall be prepared and published according to established rules of the City Council. [Ord. 535-08 § 9, 2008; Ord. 367-97 § 3, 1997; Ord. 38, 1986. Formerly 2.21.030].

2.54.040 Duties.

The Commission shall:

A. Advise the Council with respect to the operation, management, regulation and control of the City’s port and harbor facilities which include, but are not limited to, the City dock, the fuel dock, the small boat harbor, ocean dock, and any other facility within the port of Whittier, all of which are referred to in this chapter as the “port facilities”;

B. Advise the Council with respect to the port facilities concerning the acquisition, ownership, exchange, transfer, lease, rent, conveyance or disposal, and use of real or personal property and any interest therein;

C. Review contracts prior to execution, and monitor and periodically report to the Council concerning the status of all contracts executed with respect to the port facilities;

D. Advise the Council with respect to the construction, improvement, alteration, or repair of a port facility or any part thereof;

E. Assist the Council in developing ways and means whereby the City may encourage and permit the development of port facilities by private and public developers and builders;

F. Hear appeals from actions of the Port Director;

G. Perform analysis and make recommendations to the Council with respect to the setting and adjustment by the City, from time to time as deemed necessary, of rent and fee schedules pertaining to port facilities and of routes, fares, schedules, and levels of service pertaining to use of the port facilities;

H. Periodically review the budget, capital improvement programs, and funding of City-owned or municipal port facility and systems, and report its findings to the Council;

I. Establish fares, rates, or fees which will pay the cost of operation, administration, maintenance, and replacement of facilities at the end of the expected life of those facilities;

J. Perform such other duties as the Council may refer to it from time to time;

K. Do such other acts as are necessary and proper for the performance of the duties and functions set forth in this chapter. [Ord. 535-08 § 9, 2008; Ord. 38, 1986. Formerly 2.21.040].

2.54.050 Filling of vacancies.

A vacancy shall be declared and filled as provided when a member:

A. Fails to qualify and take his office within 30 days after confirmation by the City Council;

B. Departs from the City with the intent to remain away for a period of 90 days or more, or is physically absent from the City for 90 days or more;

C. Submits a resignation to the Mayor;

D. Is physically or mentally unable to attend Commission meetings or to attend to Commission business;

E. Is absent from three or more consecutive, regular meetings of the Commission without an excuse approved by the Commission;

F. Is convicted of a felony or other offense, an element of which is a violation of his or her oath of office;

G. Is or becomes so directly interested in port and harbor matters in the course of his or her private affairs, that his or her membership on the Commission, and the belief of the Commissioners or the City Council, creates a conflict or the pervasive appearance of a conflict of interest. [Ord. 535-08 § 9, 2008; Ord. 38, 1986. Formerly 2.21.050].

2.54.060 Cooperation of other agencies – Staff.

A. The Port Commission, as an advisory board of the City Council, shall receive full cooperation and support from the City Manager which shall include, but not be limited to, full access to any and all information bearing on the port and harbor matters, office or other administrative support, and the attendance of the City Manager and staff as may be required by the Commission in the execution of its duties.

B. The Commission shall be provided with such office space as it shall require to file its minutes, correspondence, resolutions, administrative regulations, and other documents which shall constitute public records of the City.

C. The City Manager shall, in a prompt and expeditious manner, make available to the Port Commission such consultants, agents, attorneys, City staff, and other persons engaged by the City to aid the Commission in furtherance of the performance of the Commission’s duties. [Ord. 535-08 § 9, 2008; Ord. 38, 1986. Formerly 2.21.060].