Loading...
HomeMy WebLinkAboutAgenda 9-14-16CITY OF NEWPORT BEACH HARBOR COMMISSION AGENDA 100 Civic Center Drive Wednesday, September 14, 2016 - 7:15 PM Harbor Commission Members: Paul Blank, Chair Joe Stapleton, Vice Chair Bill Kenney, Secretary Brad Avery, Commissioner Dave Girling, Commissioner Duncan McIntosh, Commissioner Doug West, Commissioner Staff Members: Chris Miller, Harbor Resources Manager Shannon Levin, Harbor Resources Supervisor City Council Liaison: Duffy Duffield, Council Member The Harbor Commission meeting is subject to the Ralph M. Brown Act. Among other things, the Brown Act requires that the Harbor Commission agenda be posted at least seventy-two (72) hours in advance of each regular meeting and that the public be allowed to comment on agenda items before the Commission and items not on the agenda but are within the subject matter jurisdiction of the Harbor Commission. The Chair may limit public comments to a reasonable amount of time, generally three (3) minutes per person. The City of Newport Beach’s goal is to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, you will need special assistance beyond what is normally provided, we will attempt to accommodate you in every reasonable manner. Please contact Chris Miller, Harbor Resources Manager, at least forty-eight (48) hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible at (949) 644-3034 or cmiller@newportbeachca.gov. NOTICE REGARDING PRESENTATIONS REQUIRING USE OF CITY EQUIPMENT Any presentation requiring the use of the City of Newport Beach’s equipment must be submitted to the Harbor Resources Division 24 hours prior to the scheduled meeting. 1)CALL MEETING TO ORDER 2)ROLL CALL 3)PLEDGE OF ALLEGIANCE 4)PUBLIC COMMENTS ON NON-AGENDA ITEMS 5)APPROVAL OF MINUTES 1.Minutes of August 10, 2016 Recommendation: Approve August HC Minutes - Draft Until Approved 6)CURRENT BUSINESS September 14, 2016 Page 2 Harbor Commission Meeting 1.Harbor Commission Objectives and Ad Hoc Committee Update: Quarterly Review Recommendation: a) Receive and file. Item No. 1 - HC Objectives - Staff Report Item No. 1 - HC Objectives - Attachment A 2.Harbor Commission Ferry Tour Planning Recommendation: a) Receive and file. Item No. 2 - Ferry Tour Discussion 3.Harbor Design Standards - Draft Review Recommendation: a) Receive and file; and b) Form an ad hoc committee to review the Harbor Design Standards in detail and to report back to the Commission in October. Item No. 3 - Harbor Standards - Staff Report Item No. 3 - Harbor Standards - Attachment A 4.Newport Beach Draft Sustainability Plan Recommendation: a) Review and discuss the Sustainability Plan; and b) Direct staff to report and to provide comments and/or recommendations to the City Council. Item No. 4 - Sustainability Plan - Staff Report Item No. 4 - Sustainability Plan - Attachment A September 14, 2016 Page 3 Harbor Commission Meeting 5.2016 Mooring Revocations: P-091, W-056, S-118, H-410, J-0712, H-610, and J-104 Recommendation: a) Hold a public hearing, consider the relevant evidence, and if justified under NBMC Sections 17.60.040(L)(1) and 17.70.020(A)(5), revoke mooring permit P-091 for failure to pay annual rental fees. b) Hold a public hearing, consider the relevant evidence, and if justified under NBMC Sections 17.60.040(L)(1) and 17.70.020(A)(5), revoke mooring permit W-056 for failure to pay annual rental fees. c) Hold a public hearing, consider the relevant evidence, and if justified under NBMC Sections 17.60.040(L)(1) and 17.70.020(A)(5), revoke mooring permit S-118 for failure to pay annual rental fees. d) Hold a public hearing, consider the relevant evidence, and if justified under NBMC Sections 17.60.040(L)(1) and 17.70.020(A)(5), revoke mooring permit H-410 for failure to pay annual rental fees. e) Hold a public hearing, consider the relevant evidence, and if justified under NBMC Sections 17.60.040(L)(1) and 17.70.020(A)(5), revoke mooring permit J-0712 for failure to pay annual rental fees. f) Hold a public hearing, consider the relevant evidence, and if justified under NBMC Sections 17.60.040(L)(1) and 17.70.020(A)(5), revoke mooring permit H-610 for failure to pay annual rental fees. g) Hold a public hearing, consider the relevant evidence, and if justified under NBMC Sections 17.60.040(L)(1) and 17.70.020(A)(5), revoke mooring permit J-104 for failure to pay annual rental fees. Item No. 5 - Mooring Revocations - HC Staff Report September 14, 2016 Page 4 Harbor Commission Meeting 6.Harbor Patrol Mooring and Anchorage Update Recommendation: a) Receive and file. Item No. 6 - Harbor Patrol Mooring and Anchorage Update - HC Staff Report 7.Discounted Vessel Sewage Pumpout Service for Offshore Mooring Permittees Recommendation: a) Review the program details and recommend staff seek City Council approval. Item No. 7 - Discounted Pumpout Program - HC Staff Report 7)COMMISSIONER ANNOUNCEMENTS (NON-DISCUSSION ITEM) 8)QUESTIONS AND ANSWERS WITH COUNCIL LIAISON ON HARBOR RELATED ISSUES 9)QUESTIONS AND ANSWERS WITH HARBOR RESOURCES MANAGER ON HARBOR RELATED ISSUES 10)PUBLIC COMMENTS ON COMMISSIONER ANNOUNCEMENTS OR QUESTIONS AND ANSWERS WITH COUNCIL LIAISON OR HARBOR RESOURCES MANAGER 11)MATTERS WHICH COMMISSIONERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON-DISCUSSION ITEM) 12)DATE AND TIME FOR NEXT MEETING: Wednesday, October 12, 2016 13)ADJOURNMENT Harbor CommissionSeptember 14, 2016 04/26/16 – Study Session Presentation06/14/16 – Council refers plan to:Planning CommissionHarbor CommissionParks, Beaches, and Recreation CommissionTidelands Management CommitteeEnvironmental Quality Affairs CommitteeWater Quality/Coastal Tidelands CommitteeFinance Committee2 Prepared by a citizen’s committeeChaired by Nancy Gardner and Jean WattUnified plan to make the City more sustainableIntegrate practices into City functionsPromote practices by the private sector3 EducationBuilding/DevelopmentWaste ReductionTransportationEnergyWater Conservation/QualityUrban Outdoors4 IncentivesPromotion/AdvocacyPartnershipsCity Infrastructure/ServicesDevelopment/Land UseData Collection/Analysis5 Waiving or modifying feesFast track permits processingAwards/recognitionMore flexible regulations6 MultimediaBrochuresWebsiteSocial mediaPresentations, etc. Staff training and accreditation7 UtilitiesEducational institutionsNonprofitsPrivate sector8 LEED-qualified City buildingsRetrofitting existing City buildingsWater quality control and conservationWaste reduction and disposal9 Alternative transportationLandscape design and materialsBalancing jobs and housingAlternative energyUrban designOpens space and natural area protection10 Annual reports by City departmentsEnergy auditsCommission/committee progress reports11 Section 2: Building/DevelopmentEncourage Sustainable Neighborhoods (e.g., harbor community)Section 3: Waste ReductionStudy a Green Waste Program (e.g., reusing old dock material, recycling lead keels from destroyed vessels)Add Trash Cans and Routes (e.g., public piers and harbor beaches)12 Section 4: TransportationAlternative Fuels (e.g., electric fueling stations for boats)Signage (e.g., improved public pier signs)Section 5: EnergySolar Power in the Harbor13 Section 6: Water QualityDebris BoomsUpstream PartnersCDS (Continuous Deflection Separation) Units and Marina Trash Skimmers (e.g., sewage and bilge pump-out stations)Promote Better Methods and ProductsKerckhoff Marine Laboratory14 For more information contact:Patrick J. Alford, Planning Program Manager949‐644‐3235Palford@newportbeachca.govwww.newportbeachca.gov 2016 Mooring RevocationsHarbor CommissionSeptember 14, 2016 Grounds for RevocationMooring Permit ConditionsNBMC § 17.60.040(B)(2)(b)Permittee shall agree to be responsible for permit fees,maintenance, and repair of mooring equipment.Grounds for RevocationNBMC § 17.60.040(L)(1) and NBMC § 17.70.020(A)(5).When a mooring rental fee is in arrears for a period of sixty (60)days or more, the Harbor Commission may revoke the permitupon the grounds of failure to pay fees and breach of terms ofthe permit. After RevocationNotice of Decision to the PermitteeThe decision to revoke a permit shall becomefinalfourteen (14)days after the date of the decision unless appealed. Decisionsof the Harbor Commission may be appealed to the City Councilby a member of the City Council within fourteen (14) days of thedecision per NBMC Chapter 17.65.Moorings Revert to CityNBMC § 17.60.040(M). Should a mooring revert to the City, themooring permittee may recover all his mooring equipmentwithin 30 days. Otherwise City will pay fair value of the mooringequipment. Delinquent AccountsThe City issued four notices:1.February 18, 2016 –Original Billing Issued2.March 31, 2016 – Delinquent Notice Sent3.May 26, 2016 –2ndDelinquent Notice Sent4.August 5, 2016, Harbor Resources Notice of HearingMooring Mooring Size Permittee Past Due FeesS‐118 18’ Gary Michael Skonieczny $315.00 J‐0712 45’ Terry McCoy $1,575.00  RecommendationConsider the relevant evidence, and if justified under NBMCSections 17.60.040(L)(1) and 17.70.020(A)(5), revoke mooringpermit(s):1.S‐118 for failure to pay annual rental fees.2.J‐0712 for failure to pay annual rental fees. Shannon LevinHarbor Analystshannon@newportbeachca.gov949‐644‐3041  NEWPORT BEACH Harbor Commission Staff Report  CITY OF  September 14, 2016 Agenda Item No. _7_ TO: HARBOR COMMISSION FROM: Chris Miller, Harbor Manager - 949-644-3043, cmiller@newportbeachca.gov TITLE: Discounted Vessel Sewage Pumpout Service for Offshore Mooring Permittees ______________________________________________________________________ ABSTRACT: In an effort to improve and promote water quality, and to provide services to the mooring permittees, the City is considering a program to provide a discounted rate for vessel sewage pumpout service for the offshore mooring permittees. When the concept was presented to the City Council in June 2016, they recommended the Harbor Commission provide input on the program details. RECOMMENDATION: 1. Review the program details and recommend staff seek City Council approval. FUNDING REQUIREMENTS: There is sufficient funding within the City’s proposed FY17 budget to cover this expense. The exact dollar amount is yet to be determined, but is estimated to be $40,000 to $50,000. DISCUSSION: In May 2016, staff issued a Request for Proposal and received two responses from both of the local mobile pumpout companies serving Newport Harbor. The overall concept is to contract with both of these companies for a maximum dollar amount estimated to be approximately $20,000 to $25,000 each. The mooring permittees could choose either company for service therefore maintaining a level playing field for the two vendors. The permittees would pay the discounted rate, and then the City would pay the difference via monthly invoices submitted by the vendors. These invoices would also include some usage statistics such as name, mooring number, vessel, gallons pumped etc. The City will closely compare each vendor’s statistics to identify potential program misuse (e.g., a vessel exceeding maximum number of monthly pumpouts by using both vendors). The Vessel Pumpout Program June 8, 2016 Page 2 contract is anticipated to run until funds are depleted or until one year, after which the program will be evaluated for its effectiveness. A promotional flyer will be developed and donated by The Bay Foundation who supports similar pumpout programs in other Los Angeles harbors. The City will send each mooring permittee a flyer, and will coordinate with the Newport Mooring Association as well. This agenda item was originally scheduled for the June 8, 2016 Harbor Commission meeting, but was tabled due to a lack of a quorum. (Commissioners Avery, Kenney, McIntosh and Stapleton must all be present to discuss this item.) Staff presented the concept to the City Council at the June 14 Study Session, and they were generally supportive of the idea, but stressed that, if implemented, the permittees should be responsible for a portion of the pumpout cost. ENVIRONMENTAL REVIEW: Staff recommends the Harbor Commission find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the Harbor Commission considers the item).