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HomeMy WebLinkAboutHarbor Commission Agenda - February 8, 2017CITY OF NEWPORT BEACH HARBOR COMMISSION AGENDA Marina Park - Collins Island Banquet Room - 1600 W. Balboa Blvd. (NOTE: DIFFERENT TIME/LOCATION) Wednesday, February 8, 2017 - 7:00 PM Harbor Commission Members: Paul Blank, Chair Joe Stapleton, Vice Chair Bill Kenney, Secretary (Vacant), 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: Mayor Pro Tem Duffy Duffield 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 Public comments are invited on agenda and non-agenda items generally considered to be within the subject matter jurisdiction of the Commission. Speakers must limit comments to three (3) minutes. Before speaking, we invite, but do not require, you to state your name for the record. The Commission has the discretion to extend or shorten the speakers’ time limit on agenda or non-agenda items, provided the time limit adjustment is applied equally to all speakers. As a courtesy, please turn cell phones off or set them in the silent mode. 5)APPROVAL OF MINUTES - January 11, 2017 Minutes of January 11, 2017 Item 5 Minutes - January 2017 February 8, 2017 Page 2 Harbor Commission Meeting 6)CURRENT BUSINESS Waterfront Project Guidelines and Standards - Harbor Design Criteria, Commercial & Residential Facilities: Approval 1. The Waterfront Project Guidelines and Standards - Harbor Design Criteria, Commercial & Residential Facilities (“Harbor Design Criteria”) have been updated to correct various errors as well as to make overall improvements to the current 2008 version. Upon the Harbor Commission’s recommendation, the City Council will adopt these standards at an upcoming meeting. Recommendation: 1) Review and approve the Harbor Design Standards, and recommend that they be forwarded to the City Council for final approval. Item 6.1 Harbor Design Standards Approval - HC Staff Report Item 6.1 Attachment A - Redline Without Exhibits Item 6.1 Attachment B - With Exhibits Mooring Permits and Other Provisions: Final Harbor Commission Review to Title 17 Revisions 2. At a special meeting on June 16, 2015, the City Council directed staff to return with a Resolution setting the fair market value rent for onshore and offshore moorings (completed in January 2016), and also return with various Municipal Code amendments and administrative changes as recommended by the Harbor Commission. Staff has completed these administrative changes for final Harbor Commission review before they are forwarded to the City Council for final approval. Recommendation: 1) Review the administrative changes to the Municipal Code as previously directed by the City Council and Harbor Commission, and recommend they be forwarded to the City Council for adoption. Item 6.2 Mooring Final Update - HC Staff Report Item 6.2 Attachment A - Redline Proposed Tidelands Capital Plan and Capital Improvement Program (FY 2017-18): Review 3. Staff will review the proposed Tidelands Capital Plan and the Capital Improvement Program (FY 2017-18) as it relates to harbor projects. Recommendation: 1) Receive and file. Item 6.3 CIP and Tidelands Capital Plan Reivew - HC Staff Report Item 6.3 Attachment A - Tidelands Capital Plan DRAFT February 8, 2017 Page 3 Harbor Commission Meeting United States Coast Guard Marker Buoy Repair/Replacement4. The U.S. Coast Guard maintains six pile markers in Newport Harbor. However, several of the markers are dilapidated and have become navigational and safety hazards to boaters. In October 2016 City staff toured the harbor with USCG representatives to inspect the existing pile markers and to discuss repair or replacement options that could either be administered by the City, the USCG, or as part of a joint program. Harbor Resources staff solicited bids to implement the program and conduct routing maintenance. In an effort to improve safety and navigation, staff requests the Harbor Commission’s input and recommendation on the following: 1) Review the proposed repair/improvement options; and 2) Evaluate funding and maintenance programs to manage the replacement/repair and long-term maintenance of the pile markers. Recommendation: 1) Provide input to staff. Receive and file. Item 6.4 Navigational Buoys - HC Staff Report Item 6.4 Attachment A - Navigational and Race Course Markers Map Prohibition of Water Propelled Vessels Above the Water Surface in Newport Harbor 5. Water-propelled vessel activity in Newport Beach (City) peaked in 2014 with multiple commercial operators in Newport Harbor. Only one operator was officially permitted, Jetpack America, which operated from 2009 through 2016. In 2016, Jetpack America closed its Newport Beach business. Now that there are no commercial or private recreational operators in Newport Harbor, staff and the Harbor Commission recommend prohibiting all water-propelled vessels that operate above the water surface in Newport Harbor. Recommendation: 1) Recommend City Council approve ordinance prohibiting water propelled vessels in Newport Harbor. Item 6.5 Prohibition of Water Propelled - HC Staff Report Item 6.5 Attachment A - Redline Marina Park Update6. Staff will provide an update on Marina Park. Recommendation: 1) Receive and file. Item 6.6 Marina Park Update - HC Staff Report Stand Up Paddle Boarding Update7. Stand up paddling is a popular activity in Newport Harbor. Many companies offer rentals to the public, and the sport is equally as popular as a personal watersport. The growing population of paddlers on the water has garnered concern for safety. Recommendation: 1) Receive and file. Item 6.7 SUP Update - HC Staff Report 7)COMMISSIONER ANNOUNCEMENTS (NON-DISCUSSION ITEM) 8)QUESTIONS AND ANSWERS WITH COUNCIL LIAISON ON HARBOR RELATED ISSUES February 8, 2017 Page 4 Harbor Commission Meeting 9)QUESTIONS AND ANSWERS WITH HARBOR RESOURCES MANAGER ON HARBOR RELATED ISSUES 10)PUBLIC COMMENTS ON SUBCOMMITTEE REPORTS 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, March 8, 2017 13)ADJOURNMENT - In memory of Chip Donnelly NEWPORT BEACH HARBOR COMMISSION REGULAR MEETING MINUTES Council Chambers, 100 Civic Center Drive Wednesday, January 11, 2017 6:30 PM 1) CALL MEETING TO ORDER The meeting was called to order at 6:32 p.m. 2) ROLL CALL Commissioners: Paul Blank, Chair Dave Girling Bill Kenney Duncan McIntosh Joe Stapleton Doug West Staff Members: Chris Miller, Harbor Resources Manager Shannon Levin, Harbor Resources Supervisor City Council Liaison: Mayor Pro Tem Duffield (absent) 3) PLEDGE OF ALLEGIANCE – Harbor Resources Supervisor Levin 4) PUBLIC COMMENTS Jim Mosher noted the California Coastal Commission was scheduled to give final approval to the City's Local Coastal Program Implementation Plan. With that approval, he believed the City could begin issuing coastal development permits but not issue permits or change permitting for anything on or over the water of the harbor. The Harbor Commission presentation to the Planning Commission regarding harbor-related businesses, tentatively scheduled for January 19, was not on the Planning Commission's January 19 agenda. He suggested the Harbor Commission seek an update. Chair Blank concurred with Mr. Mosher in that the Local Coastal Plan did not include City authority for structures over the water, extending over the water, in tidelands, etc. A port plan similar to the Local Coastal Plan could be developed in the near future to give that authority to the City. The Planning Director requested the Harbor Commission presentation be continued to February, to which Chair Blank agreed. 5) APPROVAL OF MINUTES – December 10, 2016 Minutes Commissioner West moved approval of the December 10, 2016 Minutes as submitted. Commissioner McIntosh seconded the motion. Jim Mosher commended staff for the excellent minutes in that they detailed the harbor tour. He questioned the lack of a City Council Liaison being stated in the minutes. Council Members Curry and Selich were present for the tour. Chair Blank clarified that the lack of a City Council Liaison indicated he was not present. The motion carried with 6 aye, 0 no and 0 abstaining votes. 2 6) CURRENT BUSINESS 1. Harbor Commission 2017 Objectives: Committee Assignments The Harbor Commission will assign committee members for each of the previously approved 2017 Objectives. Recommendation: 1) Assign committee members for the Harbor Commission's 2017 Objectives. Commissioner West reported the purpose of Objective 1 was to develop safety standard briefing materials regarding stand-up paddleboards and other human-powered craft to be distributed to all public rental outlets in Newport Harbor and informing all rental customers of the rules and best practices for safe navigation in the harbor. The subcommittee's recommendation to the Commission and the Council of how materials would be used and whether or not the Council would authorize a requirement for their use was implicit within the Objective. Commissioners Kenney (chair), Girling and Blank volunteered for the stand-up paddleboard subcommittee. Commissioner West advised that the purpose of Objective 2 was to recommend a Harbor Code amendment to the City Council. Commissioners West, Stapleton and Blank (chair) volunteered for the speed limit subcommittee. Commissioner West indicated the purpose of Objective 3 was to establish a dialog with representatives of the harbor charter fleet industry to promote best practices for charter boat operations in Newport Harbor. Commissioners McIntosh (chair) and Blank volunteered for the charter fleet subcommittee. The to-be- appointed Commissioner was appointed to the subcommittee. Commissioner West reported the purpose of Objective 4 was to support Harbor Resources Division staffs presentation of public information on the revised Regional General Permit 54 and related Newport Harbor Eelgrass Protection and Mitigation Plan, and to support staff in identifying any available means to streamline the permitting process for applicants. Commissioners West (chair), Kenney and Girling volunteered for the RGP 54 subcommittee. Commissioner West stated the purpose of Objective 5 was to support Harbor Resources Division staff and Harbor Patrol in efforts to identify and resolve ongoing derelict vessels in the harbor. Commissioners Stapleton (chair) volunteered for and the to-be-appointed Commissioner was appointed to the derelict vessel subcommittee. Commissioner West indicated the purpose of Objective 6 was to complete the Commission's evaluation of two seasonal trials of the turning basin anchorage, and to develop a recommendation to the City Council regarding same, and to evaluate the public suggestion of establishing day moorings off Big Corona Beach. Commissioners West (chair), McIntosh and Kenney volunteered for the trial anchorage subcommittee. Commissioner West advised that the purpose of Objective 7 was to collaborate with City staff in creating a principally web-based update to the Complete Cruising Guide of Newport Harbor. As the 2016 update had been completed recently, he questioned whether a 2017 update was necessary. The Commission agreed a 2017 update of the Harbor Cruising Guide was not necessary, and the subcommittee was not needed in 2017. 3 Commissioner West reported the purpose of Objective 8 (now Objective 7) was to investigate the availability and sufficiency of public launch ramp facilities in the harbor, to report findings to the Commission, and to present a specific recommendation to the City Council if appropriate. Commissioners Kenney (chair) and Girling volunteered for and the to-be-appointed Commissioner was appointed to the launch ramp subcommittee. Harbor Resources Manager Miller advised that he would email a list of subcommittee members to all Commissioners. In response to Commissioner Kenney's question, Chair Blank reported the Harbor Commission Objectives were scheduled for the City Council meeting of January 24, 2017. He would be present at the meeting, and all Commissioners were invited to attend as well. Commissioner West suggested a brief discussion of the Objectives at the Council meeting would be better than having them listed as a consent item. Harbor Resources Manager Miller concurred. Commissioner Stapleton moved approval of the Harbor Commission 2017 Objectives and the committee assignments and chairs. Commissioner West seconded the motion. The motion carried with 6 aye, 0 no and 0 abstaining votes. Chair Blank announced that the City Council disbanded the Tidelands Management Committee and referred the Committee's responsibilities to the Harbor Commission. The Harbor Commission would be working on the Tidelands capital fund, capital plan and capital project prioritization. He had discussed with his Council Liaison the Harbor Commission's desire to work better on fewer Objectives and the Commission's anticipation of receiving additional work from the Council. Harbor Resources Manager Miller indicated staff would agendize Tidelands items for the February Harbor Commission meeting. 2. Commissioner Assignments of Council Members for 2017 In an effort to maintain a close relationship with the City Council on harbor-related issues, each Harbor Commissioner is assigned a Council Member. The Harbor Commissioners will keep their assigned Council Members informed. This evening, the Harbor Commission will make those assignments for 2017. Recommendation: 1) Assign Commissioners to a respective Council Member for 2017. Chair Blank related the duties of Commissioners with respect to Council Liaisons. Commissioner West requested to liaise with Councilman Avery, Commissioner McIntosh with Councilman Duffield, Commissioner Girling with Councilman Muldoon, Commissioner Stapleton with Councilman Dixon, Commissioner Kenney with Councilman Herdman, and Chair Blank with Councilman Peotter. The to-be-appointed Commissioner was assigned to liaise with Councilman O'Neill. Commissioner Girling moved approval of the Council Liaison assignments. Commissioner McIntosh seconded the motion. Jim Mosher lauded the Commission for keeping the City Council informed by assigning liaisons. The Commission should be cautious that communication was one way in order not to violate the Brown Act. A brief written report to the City Council would not only inform the Council of Harbor Commission activities but also raise visibility of the Harbor Commission. Commissioner West questioned whether communication between a Commissioner and his assigned Council Liaison would violate the Brown Act and requested clarification of the issue. Mr. Mosher clarified that Commissioners should not report reactions from their Council Liaisons to the Commission. Chair Blank did not believe any Commissioner had violated the Brown Act in this manner in his tenure with the Harbor Commission. 4 The motion carried with 6 aye, 0 no and 0 abstaining votes. 3. Eelgrass Restoration in the Upper Bay – A Coastkeeper Update Sara Briley, Coastkeeper's Marine Restoration Director, will update the Commission on Coastkeeper's eelgrass restoration progress in the Upper Bay. Recommendation: 1) Receive and file. Harbor Resources Manager Miller introduced Sara Briley who had been working with the City regarding eelgrass issues. She focused on the Upper Bay, while the Harbor Commission focused on the Lower Bay. Coastkeeper would be assisting the City with mitigation measures as needed. Sara Briley provided an update of the eelgrass restoration project in Upper Newport Bay. She described eelgrass, its habitat, its economic and ecological importance, threats to eelgrass, goals of the restoration project, restoration methods and their advantages and disadvantages. More than 8 acres of eelgrass had been established in Upper Newport Bay with the help of over 250 volunteers. In response to Commissioner Girling's questions, Ms. Briley did not have the exact number related to growth of the half acre into 8 acres of eelgrass. She believed the decline of eelgrass in previous years was related to dredging performed by the Army Corps of Engineers. Dredging was not beneficial to eelgrass in the short term, but good in the long term. In reply to Commissioner McIntosh's inquiries, Ms. Briley advised that large amounts of freshwater was not beneficial to eelgrass. Storms with a great deal of wave action could disturb eelgrass beds as well. Testing was not performed between November 1 and March 1 because eelgrass grew at a much slower rate. In response to Commissioner West's questions, Ms. Briley indicated eelgrass could be found around the Newport Aquatic Center and the Back Bay Science Center dock. Coastkeeper planted eelgrass near the Back Bay Science Center to determine whether it would grow there. Eelgrass grew naturally no higher than the Newport Aquatic Center in the Upper Bay. Coastkeeper's planting further north in the Upper Bay did not succeed. In reply to Commissioners' questions, Ms. Briley reported silt increased as you moved north in the Bay. She did not have eelgrass information specific to the Lower Bay; however, eelgrass in the overall Bay was doing well. Commissioner West stated the Harbor Commission was aware of the eelgrass population in the Lower Bay because of work on the Mitigation Plan. In response to his inquiry, Ms. Briley had no hard evidence but believed eelgrass from the Upper Bay could be dispersing into the Lower Bay. Commissioner McIntosh had noticed more polluted sediment in the Lower Bay and did not believe anything could grow there. In reply to Commissioner Girling's questions, Ms. Briley stated the grass found north of the Newport Aquatic Center was marsh grass. Marsh grass could tolerate exposure for longer periods of time than eelgrass. Marsh grass supported birds and invertebrates and improved water quality. In response to Commissioner West's questions, Ms. Briley was aware of the eelgrass population at Linda Isle. Eelgrass flourished there because the water was shallower and protected from wave action and boat traffic. In reply to Commissioner Kenney's inquiry, Ms. Briley reported the dive technique had been used to plant eelgrass in the Lower Bay. If conditions were right, eelgrass could grow in the Lower Bay. 5 In reply to Chair Blank's questions, Ms. Briley advised that flushing in the Lower Bay was much better than in the Back Bay. The species of eelgrass in the entrance channel was slightly different from the species in the rest of the Bay. Restoration efforts in the Lower Bay should be mindful not to cause hybridization of the two. She was not aware of any tracking of sunny versus cloudy days and the effect on eelgrass population, but that could have an effect on eelgrass. Harbor Resources Manager Miller added that a number of years ago a study was conducted to attempt to isolate factors that promoted eelgrass growth. The study utilized readings both above and below the water surface. 7) COMMISSIONER ANNOUNCEMENTS (NON-DISCUSSION ITEM) Commissioner Stapleton thanked everyone for a successful boat parade. Chair Blank had attended the Marine Committee meeting where a concept for placing nautical-themed statutes around the Harbor was presented. 8) QUESTIONS AND ANSWERS WITH COUNCIL LIAISON ON HARBOR RELATED ISSUES None. 9) QUESTIONS AND ANSWERS WITH HARBOR RESOURCES MANAGER ON HARBOR RELATED ISSUES Harbor Resources Manager Miller reported staff was reviewing the plans and specifications for the Central Avenue public pier in order to issue a request for bids in early February. He hoped to begin construction by summer. The plaza project would follow the pier project, but he hoped both could be completed by the end of the year. Any funds remaining from Newport Harbor Yacht Club's donation of $350,000 for the pier could be used for the plaza. Both projects were sufficiently funded. The agenda for the Harbor Commission February meeting would include budget items, capital improvement projects and Tidelands funding. The Council goal-setting meeting was scheduled for January 14, where harbor items could be discussed. Technical issues had prevented the removal of Marker 11 prior to the boat parade, but the contractor would remove it the following week. Marker 11 was lit and buoyed. Harbor Resources Supervisor Levin advised that two derelict boats would be demolished soon. Staff was investigating two other boats for removal and disposal. Grant funds would be exhausted in the next few weeks. The next grant would open February 1, and she would apply for the grant. Awards would be made in April, and funds could be available in June. An auction of small craft was scheduled for Friday, January 20, at the Harbor Patrol dock. She anticipated more applicants for grant funding. Harbor Resources Manager Miller noted sediment testing for the Regional General Permit would need to occur in 2017. In response to Chair Blank's inquiry, Harbor Resources Manager Miller advised that landscaping with drought tolerant plants would be added to the Central Avenue public pier plaza. The footprint would remain the same. In reply to Commissioner West's question, Harbor Resources Manager Miller indicated copies of the updated Cruising Guide were available. 10) PUBLIC COMMENTS ON SUBCOMMITTEE REPORTS OR QUESTIONS AND ANSWERS WITH COUNCIL LIAISON OR HARBOR RESOURCES MANAGER None. 11) MATTERS WHICH COMMISSIONERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON-DISCUSSION ITEM) Chair Blank noted future items of SUP and the Tidelands Capital Plan. 6 Commissioner Kenney advised that the SUP Safety Committee expected to hold a meeting for interested parties in early February. Commissioners suggested future items regarding the proposed trash skimmer, marine recycling and Marina Park updates. 12) DATE AND TIME FOR NEXT MEETING: Wednesday, February 8, 2017 at Marina Park @ 7:00 PM (Please Note: Different location and time) 13) ADJOURNMENT There being no further business to come before the Harbor Commission, the meeting was adjourned at 7:40 p.m.  NEWPORT BEACH Harbor Commission Staff Report  CITY OF  February 8, 2017 Agenda Item No. _1_ TO: HARBOR COMMISSION FROM: Chris Miller, Harbor Manager - 949-644-3043, cmiller@newportbeachca.gov TITLE: Waterfront Project Guidelines and Standards – Harbor Design Criteria, Commercial & Residential Facilities: Approval ______________________________________________________________________ ABSTRACT: The Waterfront Project Guidelines and Standards – Harbor Design Criteria, Commercial & Residential Facilities (“Harbor Design Standards”) have been updated to correct various errors as well as to make overall improvements to the current 2008 version. Upon the Harbor Commission’s recommendation, the City Council will adopt these standards at an upcoming meeting. RECOMMENDATION: 1. Review and approve the Harbor Design Standards, and recommend that they be forwarded to the City Council for final approval. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: In mid-2014, the City began revising the Harbor Design Standards in an effort to clean up the document from the 2008 version. Based on feedback from the community, design engineers, plan check engineers, contractors, dock manufacturers and dock owners, minor errors and inconsistencies were identified which were affecting the permitting process. This updated version addresses these concerns by making the Harbor Design Standards less stringent while streamlining the permit process. In addition, the City Council provided feedback and requested consideration be given to various locational differences as they relate to the structural requirements during the permitting process. This is important because a dock in the West Newport area would not be affected by wind, waves or current in the same way as a dock near the harbor entrance Waterfront Project Guidelines and Standards – Harbor Design Criteria, Commercial & Residential Facilities: Approve February 8, 2017 Page 2 channel. Therefore, the design engineer could submit plans specific to different areas of the harbor based on calculations and professional opinion. Please see the attached redline document. The major changes are listed below: 1. Language incorporated from the California Building Code which allows the applicant to apply for a modification or alternative material in the design. 2. Revised dock widths to match the “California Layout and Design Guidelines for Marina Berthing Facilities.” 3. Revised load combination for float design. 4. Decreased dock live load to match “California Layout and Design Guidelines for Marina Berthing Facilities.” 5. Clarified dock freeboard requirements using Figure 13 and 14. 6. Decreased pile cutoff from +13 MLLW to +12 MLLW. 7. Standardized pile penetration to a minimum of 15 feet. 8. Increased minimum seawall height from +9 MLLW to +10 MLLW. 9. Updated Figure 11, Case 12: No shared fairway between properties. 10. Added Figure 13 and 14 to explain freeboard for different dock types. 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). ATTACHMENTS: Attachment A – Harbor Design Criteria (redline without exhibits) Attachment B – Harbor Design Criteria (final with exhibits) CITY OF NEWPORT BEACH WATERFRONT PROJECT GUIDELINES AND STANDARDS HARBOR DESIGN CRITERIA COMMERCIAL & RESIDENTIAL FACILITIES 2017 EDITION 1 City of Newport Beach Waterfront Project Guidelines and Standards Harbor Design Criteria Commercial and Residential Facilities 2 January 2008 February 8, 2017 REVISION LOG Revision Date Comments By Approved By A 07/08/04 “DRAFT” Issued For Review R. Mason B 09/05/04 “DRAFT” Re-issued For Review R. Mason C 09/23/04 “DRAFT” Re-issued For Review R. Mason D 10/05/04 “DRAFT” Re-issued For Review R. Mason E 11/27/04 Revised per City Review comments R. Mason F 12/13/04 Revised Based on 12/10/04 Coord. Mtg R. Mason G 3/1/05 Issued for Distribution R. Mason H 10/11/07 Revised per City Attorney Review of Title 17 T. Rossmiller I 1/8/08 Final Revision C. Miller 3 TABLE OF CONTENTS Page HARBOR DESIGN CRITERIA General .............................................................................................................................. 4 I. Waterside Development ........................................................................................ 5 A. Docks ........................................................................................................ 5 1. Alternative Berthing Geometries .................................................. 5 2. Layout and Design (Commercial & Residential) ......................... 5 General .......................................................................................... 5 Slip and Boat Overhang Into Adjacent Fairways ......................... 6 Finger and Walkway Widths ........................................................ 6 Table No. 1: Minimum Finger Widths .................................. 7 Single and Double-Wide Slips ...................................................... 7 Vessel “Rafting” ........................................................................... 7 Long Docks ................................................................................... 7 Loading Criteria ............................................................................ 8 Graph No. 1: Wind Load, Vessel Profile Heights For “Sail Area” (Recreational & Commercial Vessels) .............. 10 Flotation and Freeboards ............................................................ 11 Static Floating Tolerances ...................................................... 1312 Torsional Resistance Requirements ............................................ 13 Guide Piles .................................................................................. 13 3. Dock Materials of Construction .................................................. 15 General ........................................................................................ 15 Timber ........................................................................................ 16 Metal ........................................................................................... 17 Concrete and Reinforcing ........................................................... 18 Pilings and Anchorage ............................................................ 1819 Alternative and/or Hybrid Materials………...……………… .... 20 4. Appurtenances ............................................................................ 21 Locker Boxes .............................................................................. 21 Cleats ........................................................................................ 21 Bumpers ...................................................................................... 21 Boarding Steps ............................................................................ 21 Life Rings ................................................................................... 22 Dock Ladders .............................................................................. 22 5. Access/Gangways/Americans with Disabilities (ADA) Compliance ................................................................................. 22 General ........................................................................................ 22 Commercial Docks ..................................................................... 23 Residential Docks ....................................................................... 24 4 6. Special Harbor Facilities ............................................................. 25 Fuel Floats .................................................................................. 25 Sewage Pump Out Facilities ....................................................... 26 Floating Buildings ...................................................................... 26 Vessel Launching Facilities ........................................................ 26 Special Mooring Devices ............................................................ 27 Piers, Platforms and Wharves ..................................................... 27 Seawalls (Bulkheads) .................................................................. 27 7. Dredging ..................................................................................... 29 8. Utilities ....................................................................................... 29 Electrical Power and Lighting .................................................... 29 Plumbing ..................................................................................... 31 Fire Protection ............................................................................ 32 9. Environmental ............................................................................. 33 Commercial Facilities ................................................................. 33 Residential Facilities ................................................................... 33 10. Permitting ................................................................................... 33 Maintenance Projects .................................................................. 34 Alteration and New Construction Projects ................................. 34 II. Landside Developments (Commercial Only) .................................................... 35 5 HARBOR DESIGN CRITERIA GENERAL The construction of harbor facilities shall accommodate the need for safety and durability as well as convenience and appearance. Structural elements of the docks, floats, gangways, piles, etc., shall be adequate to safeguard human life, boats, and boating equipment. Boat berthing facilities shall be designed to adequately handle anticipated loads with reasonable factor of safety as deemed appropriate by the City of NewportCity of Newport Beach Building Department. Materials of construction shall resist the corrosion of saltwater in order to assure low maintenance requirements and long life of the facility. Floats shall be designed to assure stability and buoyancy for safe operations. Adequate utilities meeting all requirements of the current, applicable codes, shall be provided for the convenience and safety of boaters and maintenance workers. Harbor Permits and Plan Check shall be as per the Title 17 of the City of Newport Beach Municipal Code and Council Policy H-1. Dock systems shall be designed by a civil or structural engineer, licensed by the State of California, who is experienced in the design of marine structures. Repairs and non-structural modifications to existing residential docks can be designed by a contractor experienced in dock facilities, at the discretion of the Building Department. City of Newport Beach. In accordance to California Building Code [A] 104.10 Modifications. “Wherever there are practical difficulties involved in carrying out the provisions of this code, the building official shall have the authority to grant modifications for individual cases, upon application of the owner or owner’s representative, provided the building official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the department of building safety” In accordance to California Building Code [A] 104.11 Alternative materials, design and methods of construction and equipment. “The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. 6 I. WATERSIDE DEVELOPMENT The limits and constraints of construction in the harbor are defined by a series of lines that have been established over time by the Federal Government, as well as the City of Newport Beach. These lines have been defined in Chapter 17.01 of the Municipal Code. Prior to the preparation of documents to be submitted to the City of Newport Beach for review of a proposed project, the applicant should obtain a full understanding of these lines and have a qualified engineer, surveyor or contractor define these lines on any plans submitted for a proposed project. These lines include the existing or current edge of construction along the waterfront with respect to the Federal Bulkhead, Pierhead and Project Lines, Channel lines, Property lines (and their projections), Anchorage Area, and Turning Basins. A. DOCKS 1. ALTERNATIVE BERTHING GEOMETRIES Various berthing geometries are available and acceptable for the berthing of boats for a docking facility. The following figures present the generalized arrangements that are considered acceptable to the City of Newport Beach for the safe mooring of boats. The attached figures and “Case” geometries can be utilized as shown, or in combination with one another, in an overall marina dock scheme. 2. LAYOUT AND DESIGN (Commercial & Residential) a. General (1) Layout and design of harbor facilities shall be based upon the use of the facility defined as follows: (a) Single or joint residential (b) Multi-residential (c) Commercial 1) Passenger 2) Recreational boat marina (2) Harbor structures shall conform to “Layout & Design Guidelines for Marina Berthing Facilities”, (2005 edition) latest edition published by the State of California Department of Boating and Waterways, 2000 Evergreen Street, Suite 100, Sacramento, California 95814; Telephone (888) 326-2822, except as modified by the City’s harbor standard drawings within the Design Criteria. 7 (3) See the attached Harbor Standard Drawings for plans, sections and details of typical conditions for vessel moorings and docks, gangways, platforms, seawalls, and beach profiles. These Standards are to be considered minimum requirements for the cases represented and, at the City of Newport Beach City of Newport Beach Building Department discretion, may not apply to the specific project submitted. The City of Newport Beach Building Department reserves the right to mandate deviation from the Standards, if particular project conditions require special consideration. b. Slip and Boat Overhang into Adjacent Fairways: (1) Berths shall not be occupied by vessels more than 3 feet longer than the berth or slip, or in the case of fairways with a 1.75 x Lb width, not more than 10% of the length of the finger. (2) For berths either parallel or perpendicular to a main channel, vessels can extend beyond the limits of the slip by as much as the beam of the boat. c. Finger and Walkway Widths: (1) Minimum finger widths for recreational commercial and residential docks shall be per Table No. 1. (2) Fillets at the connection of walkways to fingers shall not have less than a 4-foot side. (3) Outer end (end tie) and side-tie fingers shall be a minimum of one foot wider than the minimal widths for all other adjacent finger docks. (4) Residential Headwalks and Mainwalks: (a) Minimum residential headwalk widths shall be no less than 6 feet for dock lengths up to 80 120 feet in total length, and 8 feet wide for dock lengths of more than 80 120 feet. (5) Commercial Headwalks and Mainwalks: (a) Minimum widths shall be no less than 6 feet for dock lengths up to 120 feet in total length, and 8 feet wide for dock lengths of more than 120 feet.8 feet wide. If use of 8 a walkway is for staging the public while waiting to board a vessel, the minimum dock width shall be 12 feet. (b) At gangways, a minimum of 6 feet of walking surface shall be maintained in front of the furthermost gangway projection (including toe plate) at high tide, and have a minimum of 4 feet of clear space to walk along the side of any gangway for access to berthed vessels. Table No. 1 Minimum Finger Widths Finger float Width (Feet) Length of Berth (Feet) F = 5.0’ All ADA Accessible Finger floats F = 3.0’ Up to 35’ F = 4.0’ 36’ to 55’59’ F = 5.0’ 56’ 60’ to 70’79’ F = 6.0’ (1) 71’ 80’ to 84’119’ F = 8.0’ (1) 85’ 120’ and over (1) Widths of more than that shown in this Figure may be necessary for specific site conditions and/or uses of fingers over 70 feet. (2) Minimum 5’-0” widths are required for the entire path of travel for ADA access, including paths along main- and headwalks. d. Single and Double-Wide Slips: (1) Single-wide slips are those slips that have a finger on each side of the boat. Double-wide slips have only one finger adjacent to any given boat. e. Vessel “Rafting”: (1) Vessel “rafting” is the practice of connecting multiple vessels together, with only one of the vessels being tied/berthed to a walkway or finger. Rafting of vessels is not allowed, unless specifically approved by the Harbor Resources Division and/or the Fire Department for special facilities and/or events. f. Long Docks: (1) Long docks are defined as side-tie docks with more than one boat berthed. Unless specifically identified otherwise, and for the purpose of establishing the number of boats that may utilize a 9 long dock per State of California Department of Boating and Waterways Guidelines, it will be assumed that one boat is berthed alongside a long dock every 40 feet of long dock length. This would relate to a 30-ft berthed boat, with 5 feet of clearance on either end. Distance between two adjacent boats shall be minimum 10 feet. g. Loading Criteria: (1) The design of the dock system shall incorporate all anticipated dead and live loads. (a) Dead Loads: Dead loads shall include the weight of the dock system components (walers, bracing, bracket, etc.) which are permanently incorporated into the dock system, and non-dock system components (transformers, gangways, dinghy racks, trash containers, buildings, etc.) which are permanently affixed to the dock system. (b) Live Loads: Live loads are temporary, transient loads imposed in the ordinary use of the dock system, such as people, carts, mobile equipment, wave loadings, wind loads, impact loads, etc. The dock system shall be capable of supporting live loads and freeboards per “Flotation and Freeboards”. The structure shall also be capable of supporting a 400-pound moving point load anywhere on the deck surface, but no closer than 12” from any dock edge, while maintaining the level tolerances cited in this guideline. (c) Wildlife Loads: Refer to “Layout and Design Guidelines for Marina Berthing Facilities”.“Design & Guidelines for Marina Berthing Facilities”. (2) Wind loads shall be calculated both parallel to and perpendicular to maximum length of vessels and structures in accordance to current California Building Code. (a) Wind load on the lateral area of vessels or structures shall not be less than 15 pounds per square foot acting on the projected area of the docks as well as the profile area - “sail area” of the berthed vessels above water level. (b) Lateral area of vessels for wind load calculations acting on the “sail area” of the vessel shall be as per Graph No. 10 1, or the actual sail area of the anticipated vessel, whichever is greater. (c) Ten percent (10%) of the full wind load for an unshielded vessel shall be applied to each vessel in the leeward side of the unshielded vessel. (d) Wave and impact loading criteria shall be as appropriate for the location of the marina, and the surrounding conditions. Impact loads shall be calculated in accordance with California Department of Boating and Waterways impact loading criteria. (3) Current Loading: Floating docks in areas of the harbor may be subject to current loads. Contact the City of Newport Beach Marine Department for these locations and potential velocities. Dock shall be designed for minimum current velocity of 1 feet/sec. (4) Impact Loading: Impact Load from design vessel (maximum boat size that may be moored on the dock) striking dock at 10 degree angle (from parallel to dock) with approach speed of minimum 1 feet/sec. (5) Wave Loading: A simple wave analysis was conducted to provide general guidance of a 100-year return period wind waves and ocean swells at Newport Harbor. In general, the majority of Newport Harbor is dominated by wind waves except for the areas near the harbor entrance which are dominated by Ocean Swells. Contact the City of Newport Beach, Harbor Resources for details of reference study. A qualified civil engineer, licensed in the State of California, shall conduct site-specific engineering analysis to evaluate the appropriate design wave loading for the project. (6) Load Combinations: (a) Combined load cases for design of docks shall include the following: 1) Dead load plus uniform live load 2) Dead load plus concentrated 400-lb live load. In the ADA path of travel, a 650-lb point live load shall be used. 11 3) Dead load plus wind load plus current & wave loads., plus impact loads. 4) Dead load plus impact load. (b) Fabrication, handling and lifting loads shall also be checked in the calculation of the dock system. (c) A 1/3 increase in allowable stresses can be used when in combination with either wind, current, wave or impact loads. For all wood stresses, the allowable stress shall be reduced in accordance with the California Building Code for wet conditions, and then the 1/3 increase in allowable stress applied. (d) Calculations shall include the transfer of forces from the dock system into the piles. All components within this transfer mechanism shall be substantiated. 12 13 h. Flotation and Freeboards: (1) Sufficient flotation shall be provided to support dead load plus live load with freeboards as noted below. Higher live load requirements may be required by the City of Newport Beach, under special circumstances as may be deemed appropriate. by the Building Department. (a) Commercial Docks: Live load of 50 pounds per square foot with a dead plus live load freeboard of not less than 15 inches. Under dead load only, the minimum freeboard is 18 inches, and the maximum is 24 inches. If docks are used for staging of passengers, a live load of 65 pounds per square foot shall be required. Dock freeboard shall be minimum 14 inches and maximum 24 inches, under dead load. Dock freeboard shall not be less than 9 inches and there shall be minimum 1 inch of pontoon freeboard remaining, under dead plus live load. See Figure No. 13 for typical concrete dock system (where dock system itself is the pontoon) and Fig 14 for typical timber, aluminum, steel, and composite framing dock system (where framing is supported by pontoons). a) Residential docks shall be designed for a live load of 25 pounds per square foot. b) Marinas, Public Pier (also known as Public Docks) and Commercial Docks (Docks subject high volumes of pedestrian traffic and the movement of goods, material, supplies, cargo, etc. such as docks used for ferries, charter boats, fishing boats, boat shows, shuttles, water taxis, etc.) shall be designed for a live load of 40 pounds per square foot. Commercial Docks, as described above, which are also used for the staging of passengers, or heavy loads, shall be designed for live load of 65 pounds per square foot. Signage indicating maximum number of people (using occupant load factor 200 pounds/person) that may be staged (Dock Staging Capacity) shall be posted at a prominent location at staging area. Exception: For alterations to existing docks, match the original design loads and freeboards. Exception 1: Docks whose functionality requires dead load freeboard less than 14 inches (docks used for kayaks, 14 rowboat, etc.) shall be designed for 25 pounds per square foot live load. These special docks shall be exempt from the freeboard requirement on “Floatation and Freeboard Section h.1”. Signage indicating maximum number of people (using occupant load factor = 200 pounds/person) that may use the dock (Dock Capacity) shall be posted at a prominent location. Exception 2: Repair or Modification to less than 50% of an Existing Dock is exempt from the freeboard requirement on “Floatation and Freeboard Section h.1”. However, Engineer of Record shall perform freeboard calculation, to provide sufficient floatation under repaired or modified portion of dock section, to match freeboard of existing dock and support minimum live load of 25 pounds per square foot. (b) Residential Docks: Live load of 25 pounds per square foot with a dead plus live load freeboard of not less than 10 inches. Under dead load only, the minimum freeboard is 14 inches, and the maximum is 24 inches. a)c) Weight of seawater, for the purposes of flotation calculations, shall be 64 pounds per cubic foot. (2) The flotation shall use a rigid block of closed cell expanded polystyrene expanded polystyrene(EPS) cores. The use of hollow pontoons shall not be allowed. (3) Docks shall have pontoons composed of outer shells of either concrete (1” minimum thickness) or an ultra-violet stable plastic such as fiberglass or cross-linked polyethylene (1/8” minimum thickness). Other alternative materials must be submitted to the City for review and approval, per the “Request for Alternate Material or Method of Construction” appeals process. Exposed foam flotation is not allowed. (4) Residential Docks: In addition to the pontoon encapsulation types noted above, residential docks may also use spray-on elastomeric encapsulation systems for pontoons. Spray-on products must demonstrate resistance to ultra-violet rays, solvents that may be present on the water surface, and environmental conditions imposed by saltwater contact. Minimum spray-on product thickness shall be 100 mils. 15 16 i. Static Floating Tolerances: (1) The dock surface of the in-place dock system, which includes finger floats and walkways, under various loading conditions, shall be level within the following tolerances: Under Dead Load Only, & Under Dead and Live Loads: ¼” per foot, 1” maximum (transverse) 1/8” per foot, 1” in 10 feet maximum (longitudinal) Under Dead and Point Live Loads: ½” per foot (4%), 2” maximum (transverse) ¼” per foot, 2” in 10 feet maximum (longitudinal) On Accessible Routes, for ALL Loading Conditions: Shall not exceed 1:50 or 2% maximum (transverse) (2) Under Dead Load Only conditions, the free ends of finger floats shall always float level or higher than the finger float ends connected to the head or mainwalk, within the limits noted above. j. Torsional Resistance Requirements: (1) General: Fingers, connected walkways, and free-standing headwalks unattached to other dock elements must be designed to provide dock stability and resistance to torsional loads. Torsion bars installed in fingers, and/or dock framing construction that provides for calculated and verifiable twist resistance, is required. Free-standing headwalks need not provide independent means of torsional resistance if the width of headwalk is 8 feet or more. Alternative means of providing torsional resistance to fingers and main- or headwalks may be considered by the City Building DepartmentCity of Newport Beach. Methods such as twist- controlling guide roller assemblies may be considered, if acceptable twist resistance can be proved. k. Guide Piles: (1) Dock system pilings shall be designed by an Engineer, licensed by the State of California, who shall have demonstrated expertise in the design of marine structures. Pile loading calculations shall 17 be provided based on a soils investigation by a licensed geotechnical engineer, or based on minimum code values for soil properties. Alternatively, a pile test may be conducted by a licensed engineer after piles have been driven, to confirm that the piles can withstand the design loads anticipated. Testing procedures must be approved by the City prior to commencement. (2) Soil conditions in Newport Harbor can vary depending on the existence of rock strata near historic bluffs along the coastline. The Applicant is advised to research the soils conditions of the subject site in order to properly assess the conditions for pile stability and installation. (3) Loading Conditions & Criteria: (a) Applied lateral wind and impact loads shall be calculated for not lower than a +7.5 foot MLLW water surface, and a load height acting upon the piles at no lower than +8.5 foot MLLW. (b) Loads imposed on the dock framing system as previously noted in this loading criteria, shall be imposed in-like- kind to the piles providing the lateral load resistance for the docks. (c) Pile penetration shall not be less than 15 feet., nor the calculated penetration plus 3 feet. (d) Pile cutoff elevation shall not be lower than +13.0 feet, MLLW.+12.0 feet, MLLW in protected areas of the Harbor. Applicant shall consider pile top elevation of +13.0 or higher for facilities in or near the Harbor Entrance, due to more severe environmental conditions. (e) Guide pile caps shall be provided to discourage birds from perching on piles. (4) Special Geological Conditions: (a) There are locations within the Newport Harbor area that contain rock-like geological conditions, exhibiting different soil resistance characteristics than standard bay mud. The applicant is encouraged to observe the type of guide piles used in the existing surrounding installations 18 to assess the type of piles that may be required for any new project. A geotechnical consultant could be retained to provide this information and pile design and installation recommendations, as well. 3. DOCK MATERIALS OF CONSTRUCTION a. General: Materials used in dock systems shall have a demonstrated history of use in salt water environments of at least 10 years, or otherwise be approved by a licensed engineer practicing in waterfront engineering. Materials used in dock systems are to be new and in good condition. (1) Flotation: (a) Flotation systems shall be the products of manufacturers and contractors regularly engaged in the production of such items for marine construction. (b) Flotation units shall consist of: 1) Concrete cast around a solid, closed cell foam core, or 2) Fiberglass, polyethylene or plastic shell with a fitting, solid, closed cell foam core. (2) Plastics: All plastics used in the dock systems shall be ultra-violet light stabilized or protected. Plastics proposed for use must have a demonstrable performance history in salt water environments of at least ten years, or be the recommendation of a California licensed Engineer. Design strengths and thickness shall be appropriate for the intended purpose. (3) Foam core for floats shall be a rigid block of closed cell expanded polystyrene with a unit weight of between 0.95 to 1.2 pounds per cubic foot. Properties of foam shall conform to ASTM C578, with maximum water absorption of 3.0 percent or less as determined by ASTM C 272, Method C. The foam core 19 shall not have more than 10 percent reground material, and reground foam pieces shall not exceed 3/8-inch diameter. 20 b. Timber: (1) All wood-construction fingers shall have framing that includes cross-members that provide rigid connection to the full-length stringers. All connections shall be made using thru-bolts. (a) Commercial Dock Framing: For independent long docks that float freely and do not have docks and/or fingers attached for stability, all primary load carrying framing members shall be fabricated from glued-laminated beam construction, to prevent warpage of the major members, contributing to dock instability. (2) Allowable Stresses: Allowable stresses for harbor structures shall not exceed those stated in the “California Building Code”. (3) Timber used for walking decks shall have a minimum net thickness of 1½ inches. (4) Timber for walking surfaces shall be Douglas Fir, Select Structural. Sawn timber for other framing members shall be Douglas Fir, No. 1, minimum. (5) Glued-laminated timber shall be Douglas Fir 24F-V8, industrial grade for application in wet environments. Fabrication shall comply with Product Standard PS 56-73, “Structural Glued Laminated Timber”. (6) Walking surfaces shall have a non-skid finish and be maintained periodically or when worn and unsafe. Treated timber decking requires no further non-skid finish. (7) Dimensional lumber is not required to be painted. However, if the applicant chooses to paint, such paint shall be maintained to good condition and appearance. (8) Plywood utilized within dock framing systems shall be exterior grade material. Plywood shall not be used as the walking surface for a dock system, unless the product can be demonstrated to the City of Newport Beach Building Department that it is provided with a factory-applied protective, non-skid walking surface that will be durable and has a proven process for patching and touch- up. Internal plywood members shall be provided in such a manner that water can be easily conveyed off the top surface of plywood and not pond or get trapped, leading to early deterioration and dry rot. 21 (9) Weight of treated Douglas Fir shall be assumed to be 35 pounds per cubic foot. (10) All timber used for dock construction shall be marked with the appropriate grade of material and preservative treatment, or may be subject to rejection by the City Inspector. (11) Wood Preservative for Timber: (a) All timber products shall be coated with preservative treatment to retention limits recommended by the American Wood Preservers Association Standard M4 “Standard for the Care of Preservative-Treated Wood Products” and AWPA Standard C2 “Lumber, Timber, Bridge Ties & Mine Ties – Preservative Treatment by Pressure Processes”. (b) Current State and Federal environmental requirements and guidelines for the type and application of preservative treatments will be strictly enforced. (c) All lumber must bear a stamp approved by the American Lumber Standards Committee for conformance to the American Preservers Association Standards. (d) Field cuts and bored holes shall receive field-applied preservative treatment in accordance with Best Management Practices. Preservative treatment chemicals shall not be allowed to enter harbor waters. c. SteelMetal: (1) Any steel components used in the marine environment shall be hot-dip galvanized with a minimum of 3 mils of zinc, or epoxy coated per ASTM A 934 and manufacturers recommendations, or shall be stainless steel. (2) Structural steel shall conform to Standard Specifications for Structural Steel for Bridges and Buildings, ASTM A36. Stainless Steel shall conform to 316 material specifications. Aluminum shall conform to 6061-T6 material specificationsbe marine grade. Stainless Steel shall conform to A316 material specifications. 22 (3) Fabrication and erection shall comply with the latest applicable codes as noted: - AISC, Latest Editions - Aluminum Structural Welding Code, Latest Edition - Aluminum Design Manual, Latest Edition - 12011 Design Manual for Structural Stainless Steel, Latest Edition (4) All bolts securing primary structural members shall be a minimum of ½ inch diameter thru bolts. Bolts shall be minimum A307 and include washers where direct contact with timber members occurs. Carriage bolts are also allowed. (5) No connecting device shall protrude beyond the fascia or waler into the berthed area, which may contact any part of the berthed vessel, or extend up into any walking surface creating a tripping hazard. d. Concrete and Reinforcing: (1) Concrete shall be designed for permeability, strength, chemical stability and abrasion resistance, appropriate for its application. Minimum compressive strength for concrete, subject to salt water splash, immersion and/or brackish water is 4,500psi5,000 psi and a 0.450.4 water-to-cement ratio. (2) Portland cement shall conform to ASTM C 150 Type I or Type II modified, and low alkali. Chemical admixtures shall conform to ASTM C 494. Chemicals designed to limit corrosion of internal reinforcing may be used. Air entrainment admixtures shall conform to ASTM C 260. Coarse and fine aggregate shall conform to ASTM C 33, and ASTM C 330 where lightweight aggregates are used. Lightweight aggregate, if used, shall consist of expanded and coated shale or equivalent material of sufficient strength and durability to provide concrete of the required strength. (3) Concrete structures shall be designed to provide sufficient coverage of reinforcing steel, so as to prevent corrosion, per code requirements. For structures exposed to salt water splash or immersion, bar reinforcement shall conform to ASTM A 706, and shall be epoxy coated per ASTM A 934, after bending of the bars. Welded wire mesh shall conform to ASTM A 185 and shall be epoxy coated conforming to ASTM A 884, with all visible defects and cut ends repair coated. Wires used to tie reinforcing steel shall be either epoxy-coated steel, or 316 stainless steel. 23 e. Pilings and Anchorage: (1) Piles shall be the products of manufacturers and contractors regularly engaged in the production of such items for marine construction. Typical materials approved for pile materials include: 1. Pre-stressed concrete, 2. Steel, or 3. High-strength composite materials. Timber piles are not allowed. (2) Unless subsurface soil materials prevent their use, pilings shall be pre-stressed concrete. Portland cement shall be ASTM C150 Type 2. Water for mixing and curing shall be fresh, clean and potable. Aggregates shall conform to ASTM C33, Size Number 67, and be free from any substance that is deleteriously reactive with the alkalis in the cement. Admixtures, if used, shall conform to the requirements of ASTM C494 and not contain chlorides. Corrosion inhibiting concrete admixtures are encouraged. Pre-stressing steel shall be uncoated, seven-wire stress relieved strand with a minimum ultimate stress of 270,000 psi conforming to ASTM A416. Ties and spirals shall conform to ASTM A82, cold drawn. Piles shall cure and reach a strength of not less than 4,000psi before de-tensioning and cutoff of the strands. (3) Guide rollers shall be fabricated from polyethylene, UHMW, polyolefin or polyurethane roller or plate material. As an option to the use of rollers, UHMW rub blocks may be used. Minimum thickness of a rub block shall be 2 inches, with attachment bolts countersunk into the UHMW material. (4) Any structural steel components used in the marine environment shall be hot-dip galvanized or epoxy coated per manufacturers recommendations, or 316 stainless steel. (5) Steel piles must be painted with a non-toxic coating that prevents or inhibits the corrosion of the pile base material. Design of steel piles shall include a 1/8-inch additional corrosion allowance. Coatings must be maintained to prevent growth and wear from the guide roller assemblies. Rollers should be cleaned periodically to prevent shell fragment build-up from further deteriorating the coatings protecting the steel piles. For added steel pile protection, sacrificial anodes may also be designed and installed to limit corrosion, and UHMW plastic pile wraps can be installed to limit wear of the steel surface from guide roller friction. 24 (6) Installation Criteria: (a) Piling shall be installed by a licensed contractor regularly engaged in the business of pile driving. Care shall be taken in the handling and driving of piling, to prevent spalling, cracking or other damage. Contractor shall install piles per approved local, state and federal requirements. Jetting may be permitted with Local State and Federal approval. (b) Tolerances: 1) The elevation of the head of piles shall be within one inch of designer top of pile elevation. Minimum pile top elevation for dock systems shall be +123.0 MLLW. 2) Piling shall be installed vertically plumb within tolerances defined in the construction documents, but in no cases more than 2.5% out of vertical plumb, and 4 inches out of horizontal location. (c) Records, Certifications, and Inspection: 1) Records of pile driving operations shall be maintained under the supervision of the Engineer of Record, and made available to the City upon request. 2) Contractor shall make the pilings available for City inspection prior to installation; 3) Upon completion of the pile driving operation, subject to the requirements of the Chief Building Officialpermit, the engineer may shall certify that the pilings were installed in accordance with the design and these guidelines. Such certification shall be on the Engineer’s letterhead and bear the Engineer’s stamp, and shall be submitted to the City prior to issuance of the certificate of occupancy. f. Alternative and/or Hybrid Materials Alternative materials such as recycled plastic, PVC, composite and others, which can show a demonstrated experience and useful lifespan in the marine environment and usage, can be proposed to the City of 25 Newport Beach for consideration. The decision of the City of Newport Beach regarding the use of alternative or hybrid materials will be final. 4. APPURTENANCES a. Locker Boxes: Individual locker “dock” boxes may be provided for slips, and may provide housing for electrical and mechanical services. Locker boxes shall be securely attached to the dock surface. All dock boxes should be located on finger fillets; i.e., the intersection of the finger and the main or headwalk, on the triangular dock surface. Locations other than on a finger fillet require the approval of the City. Locker boxes installed in the path of travel that limits safe pedestrian access will not be allowed. Minimum clearances for safe pathways are as follows: 2 feet clear on fingers, 3 feet clear path on main and headwalks. Lockers boxes shall be made of 1/8 inch minimum thick fiberglass or cross-linked polyethylene. Flammable materials shall not be kept in locker boxes. b. Cleats: Cleats shall be designed to accommodate boats and loads appropriate for their location. A minimum of two cleats on each side of a finger is required. Cleats shall be hot-dip galvanized, and attached to the dock system by means of through-bolts of adequate size to transmit loads between boats and the dock system. c. Bumpers: Bumpers shall be installed on dock surfaces that will come into contact with boats. Outer corners of fingers should be protected with corner bumpers or dock wheels. Bumper material shall be vinyl products, or those that have been approved by an Engineer, licensed to practice in the State of California. Water retentive material such as rugs, or salvage materials such as tires, shall not be used. Install bumpers with aluminum or stainless steel nails or screws. d. Boarding Steps: Boarding steps shall not be kept on main walks. Boarding steps may be kept on, or attached to, finger floats, but in no case shall boarding steps on finger floats occupy more than one-half of the width of the finger float. Boarding steps shall be light-weight and not used for storage, unless the supporting dock section has been specifically designed for the additional dead and live load. Boarding steps shall not be permanently attached to the outermost 5 feet of any finger float. 26 e. Life Rings: Life rings shall be installed in strategic locations on commercial docks. Life rings for residential docks are encouraged, but not required. f. Dock Ladders: Dock ladders shall be installed in strategic locations on commercial docks for safety purposes. Ladders shall extend into the water by at least 3 feet, and be constructed of materials that resist corrosion and prolong ladder life. Ladders may be provided with the ability to swing out of the water in order to allow for special recreational uses of the docks. Ladders for residential docks are encouraged, but not required. 5. ACCESS/GANGWAYS/AMERICANS WITH DISABILITIES (ADA) COMPLIANCE a. General (1) Landside facilities of commercial docks and of docks serving new multi-family developments shall meet all ADA requirements for the path of travel from the street and parking lot, to the gangway and down to the docks. (2) Walking surfaces of gangways shall have a non-skid finish, such as punched metal, unpainted timber, or grit impregnated metal, painted non-skid coatings, etc. (3) Gangway Support: Connections between gangways and the adjacent bulkheads or platforms shall be designed by a licensed engineer, and comply with the following minimum requirements: (a) Gangways shall be supported by the bulkhead or platform through a mechanical connection system, such as face- mounted plates or clip angle hangers with saddles, shackles or pins, attached to the bulkhead or platform with poured-in-place anchor bolts or epoxy-anchored threaded studs. Minimum diameter of bolts shall be 5/8 inch, and material for bolts in contact with concrete or treated lumber shall be Type 304 or 316 stainless steel. (b) The hinge and supports shall be capable of transferring full dead and live loads generated by the gangway to the mechanical connection system. (c) Steel angles, plates and other sections utilized in these connections shall be minimum A36 grade and have a 27 minimum thickness of 3/8 inches. Any exposed edges of plates that may potentially be in the path of travel or in contact with foot traffic shall have beveled or rounded smooth edges. (c)(d) Dissimilar material shall not be in direct contact to prevent galvanic corrosion. (d)(e) All steel members and hardware shall be galvanized, or coated with a formulated non-toxic coating system designed specifically for the marine environment. (e)(f) The gangway shall be restrained from lifting out of the support saddle during extreme high tide elevations, without interfering with rotation at the gangway hinge. (4) Gangways shall be braced in the horizontal plane to prevent lateral deformation. The bracing system can consist of diagonal supports within or under the gangway framing system, plywood sheathing, or by decking designed to act as a shear transfer membrane. b. Commercial Docks: Commercial docks servicing the public will be required to meet all applicable requirements relating to Federal ADA Compliance requirements. (1) Design live loads for gangways shall be a minimum of 50 pounds per square foot for gangways functioning strictly for access to the dock system, and a minimum of 100 pounds per square foot for gangways that can be used as a staging area for passengers boarding vessels. The maximum allowable deflection of a gangway or bridge at mid span is L/240, with L/360 suggested for walking comfort. (2) Gangway slopes shall meet current state and Federal requirements for safety and ADA compliance, where applicable. (3) All commercial gangways shall be ADA compliant. (4) Gangways shall be equipped with self-closing, self-latching gates at the bulkhead end of the gangway. Gates shall not open into intersecting walkways. (4) All walking surfaces shall be provided with a commercial grade non-skid surface. Worn or slick non-skid surfaces shall be repaired immediately upon notice. Non-skid walking surfaces 28 shall be maintained and/or re-applied at a minimum of every six (6) months. The maximum allowable gap in adjacent walking planks or surfaces shall be ½”, and the maximum vertical height differential between adjacent planks or surfaces shall be ¼”. (5) All gangways shall be equipped with transition plates at the bottom of the gangway, and if fabrication details include gaps in the hinge transition of more than ½ inch, at the top of gangway as well. These transition plates shall be of non-skid surface material and provide the transition from the gangway platform and/or dock, onto the gangways. All transition plates shall have a slope no steeper than 1:8 for non-ADA-compliant gangways, and 1:12 for ADA-compliant gangways. Transition plates shall have rounded edges along the path of travel and a height or thickness at the end of the plate of no greater than 3/8 inch. (6) Minimum clearance on the dock system around a gangway landing shall be 5’-0”. (7) For additional discretionary gangways, other than the required ADA gangway, gangway slopes for commercial docks shall not exceed 1 foot vertically for each 3.0 feet of length, when the tide is at –1.0 feet MLLW. The minimum length of commercial gangway shall be 30’-0”. (8) Guard, mid and hand railings shall meet the requirements of the latest State of California Title 24 requirements. (9) Railings shall be designed to resist a load of 50 pounds per foot applied horizontally to the rail or a 200-pound point load applied vertically at any point along the length of all horizontal rails. c. Residential Docks: (1) Design live loads for residential gangways shall be a minimum of 25 pounds per square foot for gangways functioning strictly for access to the dock system. The maximum allowable deflection of a gangway or bridge at mid span is L/240, with L/360 suggested for walking comfort. (2) Gangway slopes for residential docks shall not exceed 1 foot vertically for each 2.5 feet of length, during the full range of tidal swing elevations. The minimum length of residential gangway shall be 24’-0”. 29 (3) Minimum gangway clearance (within handrails) shall be 2’-6” wide. (4) A 3-foot long toe plate, at the base of a gangway, is encouraged for ease of use and safety and to provide a continuous sloping path of travel, from the surface of the gangway to the surface of the dock. A gangway bottom “step-off”, if the toe plate is not utilized, shall not exceed 7 inches in vertical height. (5) Worn or slick non-skid surfaces shall be repaired immediately upon notice. Non-skid walking surfaces shall be inspected and maintained periodically for safety purposes. (6) Gangway handrail heights shall be 34 to 38 inches above the gangway walking surface. Openings in rails of residential gangways shall not permit a sphere 12 inches in diameter to pass through. The gangway rail shall be designed to resist a load of 20 pounds per foot of horizontal force applied to the top of the rail. (7) If a residential dock system has 25 or more slips, an ADA- compliant gangway system must be designed with a minimum design load of 50 pounds per square foot, and a maximum deflection of L/240, with a deflection of L/360 suggested. See Federal ADA Accessibility Guidelines. 6. SPECIAL HARBOR FACILITIES a. Fuel Floats: (1) Locate boat-fueling docks near the entrance of the harbor, in an area that is protected from waves and rough water environmental conditions. (2) Fuel floats used for dispensing petroleum products shall be adequately designed and placed to provide maximum service to the boater. Adequate guide piles or dolphins shall be required to provide permanence, safety, and stability to the floating docks, and shall be designed by a California Licensed Engineer with waterfront experience. Fuel floats must be designed to support the dead loads imposed by the dispensers, hose reels, storage, pipe chase ways, etc. 30 (3) Fuel facilities shall be in conformance with County, State and Federal codes, ordinances and law. Equipment, such as containment booms and absorbent pads, shall be kept on the fuel dock to contain spills. (4) Fuel Floats shall contain all necessary firefighting equipment and systems, as deemed appropriate by the City of Newport Beach Fire Department. b. Sewage Pump Out Facilities: (1) Marinas with more than 50 boats are required to have at least one (1) sewage pump out facility. Sewage pump out facilities shall connect to the nearest City of Newport Beach sewage line system. Refer to City of Newport Beach Standard Drawings for Public Works Construction for details of these connections. (2) Sewage pump out equipment shall be products that have been designed, tested and installed for the specific purpose of vessel sewage pump out. All sewage pump-out facilities shall be inspected regularly and maintained in operable condition. c. Floating Buildings: (1) To obtain approval from the City of Newport Beach Harbor Resources Division for the installation of a floating building, the applicant must provide compelling reasons that such a facility is necessary and is precluded from location on land. (2) Only commercial facilities are allowed to consider floating buildings. Residential facilities are not allowed to have floating buildings. Potential floating building uses include restrooms, the dock master’s office, enclosures on a floating fuel dock, and boat rental office. Other uses may be considered, at the discretion of the City of Newport Beach. (3) Floating buildings are subject to the latest edition of all local, State and Federal building codes. d. Vessel Launching Facilities: (1) Vessel launching facilities may include vehicle launch ramps for trailered boats, concrete launch ramps with rails and/or tracks for special vessel carriers, elevated travel lift launches, swing hoists on davits, and forklift launching. 31 (2) All launch facilities shall be designed considering the launching and vehicle loads imposed on existing and/or planned structures. (3) Vessel launching facilities shall be designed in accordance with California Department of Boating and Waterways, Boating Facilities Division, “Layout, Design and Construction Handbook for Small Craft Boat Launching Facilities”. e. Special Mooring Devices: (1) Special vessel mooring devices may be required or desired for specific berthing conditions. Large vessels may require mooring and/or breasting dolphins (pile groupings designed to resist large impact and berthing loads), berthing walls, or other devices that facilitate vessel docking. (2) Special mooring devices shall be designed by a licensed engineer and geotechnical consultant, with experience in waterfront engineering. Special mooring devices shall be designed to resist berthing loads, wind, wave, and current loading for the localized area. f. Piers, Platforms, and Wharves (1) Piers, platforms, and wharves shall be designed by a California licensed Engineer experienced in waterfront structures. A geotechnical report, for pile design and installation, shall be provided that addresses special issues such as liquefaction potential, and the gravity and seismic support of the waterfront structure. The geotechnical report shall be prepared by a California-licensed Geotechnical Consultant. Refer to the Harbor Standard Drawings for the various geometries allowed for piers and platforms that serve and provide access to residential floating docks. (2) Commercial: Structures shall be designed for an assembly area live load of 100 pounds per square foot (psf) as well as vehicle loads that may be imposed on the structure for maintenance purposes. (3) Residential: Structures shall be designed for a minimum live load of 50 psf. g. Seawalls (Bulkheads): 32 (1) General: Several types of seawalls are common to support soils and construction on the landside of the wall. Seawall material can be composed of various types of materials, including concrete, steel and other manufactured materials. Typical wall types include freestanding or “cantilevered” seawalls and “tied-back” seawalls. Cantilevered seawalls are limited by the height of the wall above the waterside mudline and are generally effective for exposed heights of not more than 8 feet. For structural steel type seawalls, higher exposed heights are possible. Tied-back seawalls can be effective for exposed heights over 8 feet and may require continuous caps, walers (beams), steel tie rods and a foundation anchors (Deadman), or earth anchors. Tie-back anchor systems shall require protection against corrosion. Galvanic anode cathodic protection system is recommended. Tie-back anchor system shall be designed to last the life of seawall. (2) Generally, seawall sheets constructed of reinforced, prestressed concrete are desirable, although for special conditions, structural steel interlocking sheets may be necessary. Steel products in the marine environment require special non-toxic coating protection and cathodic protection, in order to provide extended life spans. (3) Seawalls shall have a top elevation of not less than 910.0 MLLW. Seawall elevations of greater than 10.0 MLLW may be required by City of Newport Beach or more, depending on location within the bay and potential for wave or wake over-topping, are recommended.. (4) The distance between seawalls and all floating dock components shall be a minimum of one foot horizontal distance. (5) Seawalls shall be designed to resist all applicable vertical and horizontal loads. (6) A minimum safety factor of 1.5 shall apply to gravity loads, and a minimum safety factor of 1.01.1 shall apply to seismic loading cases for the stability of seawalls. (7) Decking may butt to the seawall cap, or cantilever over the top of the seawall, if approved. (8) Wing Walls: Wing walls are retaining walls that project landward and are perpendicular to the seawall. Wing walls may be necessary to isolate the seawall protection system of one property to the adjacent property. Special care must be taken to 33 assure that the construction of a seawall for the subject property does not adversely impact the seawalls of the adjoining properties, either during construction or over the life of the structures. (9) Seawall design requires a soils report from a California-licensed geotechnical consultant experienced with the design of waterfront structures. Any sloping surface on the water or landside of the seawall must be accounted for in the calculations for the seawall. (10) All concrete sheets used for seawall construction shall be designed as pre-cast, pre-stressed concrete elements. Sheet design shall provide for symmetrical distribution and sizing of strands, to prevent curvature of the wall. See “Pilings & Anchorage” for concrete and reinforcing requirements. (11) All seawalls or seawall alterations shall be designed by a California-licensed Civil or Structural Engineer. 7. DREDGING a. All projects that require dredging must follow current local, State and Federal permitting requirements. b. For maintenance dredging projects involving small quantities, the City of Newport Beach, in conjunction with the Army Corps of Engineers (ACOE), has a program allowing for a simplified permitting process, as long as the amount of dredging and disposal quantities are small and meet quality requirements. The applicant is encouraged to inquire about this simplified process with the Harbor Resources Division, to verify qualifications. 8. UTILITIES a. All utility lines in a floating dock system shall maintain clearances as outlined in “Layout & Design Guidelines for Marina Berthing Facilities”. b. Electrical Power and Lighting: (1) All electrical design shall be in accordance with the latest edition of the National Electric Code (NEC) Article 555 – “Marinas and Boatyards”, California State Building Standards “Article E555 34 Title 24, and the National Fire Protection Association (NFPA) code, NFPA 303 and NFPA 70. (2) Electrical systems shall be designed by an Electrical Engineer, licensed by the State of California, and shall be in accordance with the latest requirements of the City of Newport Beach. (3) An electric service connection shall be located at a minimum of every other slip. Electrical receptacles shall be waterproof and approved for marine waterfront exposure. The following are suggested minimum receptacle requirements based on boat size: one (1) 120v, 30 amp outlet at each boat slip under 35ft, two (2) 120v, 30 amp outlets at each boat slip between the sizes of 36 to 45ft, one (1) 120v, 30amp and one (1) 120v, 50 amp receptacle at each boat slip between 46 to 55ft, and two (2) 120v, 50 amp receptacles for boats between 56 to 65ft. For vessels larger than 65ft, special power requirements may be required and the applicant should consult the vessel manufacturer. Some large vessels may require 220v or 480v, 100amp services. Sub metering of each boat slip is recommended and has proven to reduce power usage in marinas where meters have been installed. (4) Lighting shall be provided on all floating structures for pedestrian safety. All lighting shall be so designed as to provide sufficient light for safe pedestrian usage. All lighting on landside and waterside structures and buildings shall be designed to provide a minimum reflection/glare on the adjacent water areas with consideration for lighting reductions in evening hours. (5) Electrical cables and conduits shall be fastened securely to the dock system and gangways such that the system is protected from damage by boats. All electrical equipment shall be located above the harbor water level per NEC requirements at all times. If distribution cabling will be subject to water contact, cabling shall be rated for submersible use. All strapping supports for conduit shall be stainless steel. All electrical conduit and cables must be concealed within the dock system. (6) Transformers and panels located on the docks shall meet all requirements of the National Electrical Code (NEC). Several maintenance receptacles should be placed throughout the marina system to allow dock maintenance crews to use small electric tools without using metered power dedicated to slip renters. (7) Commercial Facilities: 35 (a) Commercial facilities shall provide minimum lighting levels for public safety along the path of travel from land to the berthed vessel. (b) Lighting fixtures with a capacity of 9 watts mounted at heights between 1.5 to 3 feet above the floating deck surface in dock boxes or on individual pedestals along the path of travel will generally meet this requirement. Fixtures should be located such that lighting levels on the walking surface are as uniform as possible. (c) In addition, pole-mounted lighting shall be provided to illuminate vertical access systems such a gangways, steps, and lifts, providing a higher level of illumination at vertical transitions in the path of travel. (d) Lighting systems shall be designed to provide light for the floating walking and access surfaces and not project light into neighboring properties, skyward and/or water space. Special lens and/or shields may be required to ensure that stray light is blocked and/or managed. (e) All lighting shall be controlled by photo cells and/or timers, to assure that their operation is automatic and energy conserving. c. Plumbing (1) Plumbing systems shall be designed by a Civil or Mechanical Engineer, licensed by the State of California, and shall be in accordance with the latest National Mechanical Code, State Plumbing Code, and National Fire Protection Association Code. (2) One hose bib shall be provided for every two (2) boats, as a minimum. Hose bibs for every boat slip are recommended for boater convenience and the reduction of clutter on the docks. (3) Backflow preventers shall be provided for all water supply systems into the site. Pressure reducers or booster pumps may be required to meet pressure and flow requirements. (4) Refer to Section “Sewage Pump Out Facilities” for criteria for sewage system installations. (5) Supply water and sewage piping shall accommodate the full range of tidal movement, via the installation of flexible hoses 36 and/or mechanical swivel pipe fittings. All materials shall be suited for the salt-water marine environment and be rated as “Food Grade” materials. 37 d. Fire Protection: (1) General: (a) All fire protection systems for marinas, wharves and piers shall be in accordance with NFPA Chapters 14 and 303, latest edition, and the California Fire Code Appendix II- C, latest edition. See the attached Newport Beach Fire Department “Fire Protection for Marinas, Wharves, and Piers” for system requirements. (2) Code Requirements: (a) Retroactivity of code provisions: At the option of the Newport Beach Fire Department, the authority can make the conditions and provisions of applicable current codes retroactive, if deemed necessary for public safety. Otherwise, the provisions of applicable codes that existed or were approved for construction or installation prior to the effective date of the standard shall apply. (3) Fire Department connection/s (FDC’s), backflow preventers and pressure reducing assemblies or booster pumps if required, firehose cabinets, fire standpipes and portable fire extinguishers shall be provided on the docks, as required by Code. Meet City of Newport Beach Fire Department requirements for periodic hose testing and replacement. (4) Commercial Facilities: (a) All commercial dock installations shall be provided with a fire fighting system, approved by the City of Newport Beach Fire Department. If the City water pressure is not adequate to produce pressures necessary to meet special City and Code requirements, an auxiliary booster pump system may be required. (b) All new and existing marinas and boating facilities shall meet the requirements described in “Cases” as made part of this Design Criteria. The purpose of these requirements is to facilitate safe boating navigation, as well as provide fire-fighting capability. 38 (5) Residential Facilities: (a) Fire protection systems for single-family residential docks are optional, although highly recommended. The residential owner should contact their insurance carrier for any policy requirements associated with providing a fire protection system. (b) Fire protection for multi-family or condominium residential docks, piers and floats are required to have a fire protection system meeting City and Code requirements. 9. ENVIRONMENTAL a. Commercial Facilities: (1) All commercial facilities shall prepare a Best Management Practices plan to document environmental practices to be applied to daily operations. Plans shall address in-water maintenance limitations, storage and handling of hazardous and/or waste products common to the boating community, and emergency response to chemical spills. (2) Commercial facilities shall provide a means for vessels to pump out their bilge tanks and the wastewater products taken to an approved treatment and disposal facility. b. Residential Facilities: Not applicable 10. PERMITTING Project Types and City Classifications: The purpose of project types and City classifications noted below is to establish the permit fee structure and process for submitted projects. Percentage replacement is based on the valuation of total dock system. Values of various types of construction are based on City records for average construction, and are not necessarily based on the construction cost estimates provided to the City by the Applicant. 39 a. Maintenance Projects: (Do not require State and Federal permit processing) (1) Re-decking an existing float, gangway, or pier, like for like (not more than 20% of total replacement cost). (2) Fixing dry rot or damage (not more than 20% of total replacement cost). (3) Replacing piles, like for like, in the same hole (maximum 7 piles). (4) Replacing a gangway to City standards. (5) Raising a bulkhead to City standards. (6) Replacing deteriorated tie rods with earth anchors. (7) Repairing seawall cap beams and deadman. (8) Emergency repair of structures deemed by the City to jeopardize public safety. (Follow-up permitting may be required with the Coastal Commission.) (9) Partial demolition of structures; i.e., elimination of half of a “U” shaped dock and/or respective piles. (10) New waler at sea side of an existing bulkhead, minimum of 2 feet above mudline (without encroaching property line) b. Alteration Projects: (Requires State and Federal permit processing) (1) Re-decking an existing float, gangway, or pier, like for like (between 20% and 50% of the total replacement cost). (2) Fixing dry rot or damage (20% to 50% of the total replacement cost). (3) Relocating one (1) or more piles (4) Replace float, pier and/or gangway, like for like (20% to 50% of the total replacement cost). (5) Change in orientation or configuration of an existing dock, including pile relocation. (6) Any increase in dock footprint (7) Replace seawall panels b. Alteration and New Construction Projects: (Requires State and Federal permit processing) 40 (1) Re-decking an existing float, gangway, or pier, like for like (more than 20% of total replacement cost). over 50% of total replacement cost). (2) Fixing dry rot or damage (not more than 20% of total replacement cost). (over 50% of total replacement cost). (3) Relocating one (1) or more piles (4) Replace float, pier and/or gangway, like for like (5) Change in orientation or configuration of an existing dock, including pile relocation. (6) Any increase in dock footprint (7) Total reconstruction of a float, gangway, and/or pier (8) New configuration of a float, gangway, and/or pier (9) Replace seawall panels (3) Total reconstruction of a float, gangway, and/or pier (4) New configuration of a float, gangway, and/or pier (10) New bulkhead system (11) Dredging d. Submittal Requirements: Refer to Exhibit A for a summary of the permitting process. This Flowchart is presented for general information purposes only, and is not intended to be interpreted as the definitive process for any given project. This process is subject to change based on periodic development of public and governmental agency policies. II. LANDSIDE DEVELOPMENTS (Commercial Only) A. Landside developments of waterfront projects are subject to City of Newport Beach - Community Development Department, Building Division and Planning Division City of Newport Beach Planning & Building Department requirements. B. See State of California Department of Boating and Waterways “Layout and Design Guidelines for Marina Berthing Facilities”, latest edition, for minimum requirements for landside facilities, in support of waterfront developments. C. Landside requirements for marina projects include location and design of restroom facilities, minimum parking requirements and ADA compliance. 41 CITY OF NEWPORT BEACH WATERFRONT PROJECT GUIDELINES AND STANDARDS HARBOR DESIGN CRITERIA COMMERCIAL & RESIDENTIAL FACILITIES 2017 EDITION 1 City of Newport Beach Waterfront Project Guidelines and Standards Harbor Design Criteria Commercial and Residential Facilities February 8, 2017 2 TABLE OF CONTENTS Page HARBOR DESIGN CRITERIA General .............................................................................................................................. 4 I. Waterside Development ........................................................................................ 5 A. Docks ........................................................................................................ 5 1. Alternative Berthing Geometries .................................................. 5 2. Layout and Design (Commercial & Residential) ......................... 5 General .......................................................................................... 5 Slip and Boat Overhang Into Adjacent Fairways ......................... 6 Finger and Walkway Widths ........................................................ 6 Table No. 1: Minimum Finger Widths .................................. 7 Single and Double-Wide Slips ...................................................... 7 Vessel “Rafting” ........................................................................... 7 Long Docks ................................................................................... 7 Loading Criteria ............................................................................ 8 Graph No. 1: Wind Load, Vessel Profile Heights For “Sail Area” (Recreational & Commercial Vessels) .............. 10 Flotation and Freeboards ............................................................ 11 Static Floating Tolerances .......................................................... 12 Torsional Resistance Requirements ............................................ 13 Guide Piles .................................................................................. 13 3. Dock Materials of Construction .................................................. 15 General ........................................................................................ 15 Timber ........................................................................................ 16 Metal ........................................................................................... 17 Concrete and Reinforcing ........................................................... 18 Pilings and Anchorage ................................................................ 19 Alternative and/or Hybrid Materials………...……………… .... 20 4. Appurtenances ............................................................................ 21 Locker Boxes .............................................................................. 21 Cleats ........................................................................................ 21 Bumpers ...................................................................................... 21 Boarding Steps ............................................................................ 21 Life Rings ................................................................................... 22 Dock Ladders .............................................................................. 22 5. Access/Gangways/Americans with Disabilities (ADA) Compliance ................................................................................. 22 General ........................................................................................ 22 Commercial Docks ..................................................................... 23 Residential Docks ....................................................................... 24 3 6. Special Harbor Facilities ............................................................. 25 Fuel Floats .................................................................................. 25 Sewage Pump Out Facilities ....................................................... 26 Floating Buildings ...................................................................... 26 Vessel Launching Facilities ........................................................ 26 Special Mooring Devices ............................................................ 27 Piers, Platforms and Wharves ..................................................... 27 Seawalls (Bulkheads) .................................................................. 27 7. Dredging ..................................................................................... 29 8. Utilities ....................................................................................... 29 Electrical Power and Lighting .................................................... 29 Plumbing ..................................................................................... 31 Fire Protection ............................................................................ 32 9. Environmental ............................................................................. 33 Commercial Facilities ................................................................. 33 Residential Facilities ................................................................... 33 10. Permitting ................................................................................... 33 Maintenance Projects .................................................................. 34 Alteration and New Construction Projects ................................. 34 II. Landside Developments (Commercial Only) .................................................... 35 4 HARBOR DESIGN CRITERIA GENERAL The construction of harbor facilities shall accommodate the need for safety and durability as well as convenience and appearance. Structural elements of the docks, floats, gangways, piles, etc., shall be adequate to safeguard human life, boats, and boating equipment. Boat berthing facilities shall be designed to adequately handle anticipated loads with reasonable factor of safety as deemed appropriate by the City of Newport. Materials of construction shall resist the corrosion of saltwater in order to assure low maintenance requirements and long life of the facility. Floats shall be designed to assure stability and buoyancy for safe operations. Adequate utilities meeting all requirements of the current, applicable codes, shall be provided for the convenience and safety of boaters and maintenance workers. Harbor Permits and Plan Check shall be as per the Title 17 of the City of Newport Beach Municipal Code and Council Policy H-1. Dock systems shall be designed by a civil or structural engineer, licensed by the State of California, who is experienced in the design of marine structures. Repairs and non-structural modifications to existing residential docks can be designed by a contractor experienced in dock facilities, at the discretion of the City of Newport Beach. In accordance to California Building Code [A] 104.10 Modifications. “Wherever there are practical difficulties involved in carrying out the provisions of this code, the building official shall have the authority to grant modifications for individual cases, upon application of the owner or owner’s representative, provided the building official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the department of building safety” In accordance to California Building Code [A] 104.11 Alternative materials, design and methods of construction and equipment. “The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. 5 I. WATERSIDE DEVELOPMENT The limits and constraints of construction in the harbor are defined by a series of lines that have been established over time by the Federal Government, as well as the City of Newport Beach. These lines have been defined in Chapter 17.01 of the Municipal Code. Prior to the preparation of documents to be submitted to the City of Newport Beach for review of a proposed project, the applicant should obtain a full understanding of these lines and have a qualified engineer, surveyor or contractor define these lines on any plans submitted for a proposed project. These lines include the existing or current edge of construction along the waterfront with respect to the Federal Bulkhead, Pierhead and Project Lines, Channel lines, Property lines (and their projections), Anchorage Area, and Turning Basins. A. DOCKS 1. ALTERNATIVE BERTHING GEOMETRIES Various berthing geometries are available and acceptable for the berthing of boats for a docking facility. The following figures present the generalized arrangements that are considered acceptable to the City of Newport Beach for the safe mooring of boats. The attached figures and “Case” geometries can be utilized as shown, or in combination with one another, in an overall marina dock scheme. 2. LAYOUT AND DESIGN (Commercial & Residential) a. General (1) Layout and design of harbor facilities shall be based upon the use of the facility defined as follows: (a) Single or joint residential (b) Multi-residential (c) Commercial 1) Passenger 2) Recreational boat marina (2) Harbor structures shall conform to “Layout & Design Guidelines for Marina Berthing Facilities”, (2005 edition) published by the State of California Department of Boating and Waterways, 2000 Evergreen Street, Suite 100, Sacramento, California 95814; Telephone (888) 326-2822, except as modified by the City’s harbor standard drawings within the Design Criteria. 6 (3) See the attached Harbor Standard Drawings for plans, sections and details of typical conditions for vessel moorings and docks, gangways, platforms, seawalls, and beach profiles. These Standards are to be considered minimum requirements for the cases represented and, at the City of Newport Beach discretion, may not apply to the specific project submitted. The City of Newport Beach reserves the right to mandate deviation from the Standards, if particular project conditions require special consideration. b. Slip and Boat Overhang into Adjacent Fairways: (1) Berths shall not be occupied by vessels more than 3 feet longer than the berth or slip, or in the case of fairways with a 1.75 x Lb width, not more than 10% of the length of the finger. (2) For berths either parallel or perpendicular to a main channel, vessels can extend beyond the limits of the slip by as much as the beam of the boat. c. Finger and Walkway Widths: (1) Minimum finger widths for recreational commercial and residential docks shall be per Table No. 1. (2) Fillets at the connection of walkways to fingers shall not have less than a 4-foot side. (3) Outer end (end tie) and side-tie fingers shall be a minimum of one foot wider than the minimal widths for all other adjacent finger docks. (4) Residential Headwalks and Mainwalks: (a) Minimum residential headwalk widths shall be no less than 6 feet for dock lengths up to 120 feet in total length, and 8 feet wide for dock lengths of more than 120 feet. (5) Commercial Headwalks and Mainwalks: (a) Minimum widths shall be no less than 6 feet for dock lengths up to 120 feet in total length, and 8 feet wide for dock lengths of more than 120 feet. If use of a walkway is for staging the public while waiting to board a vessel, the minimum dock width shall be 12 feet. 7 (b) At gangways, a minimum of 6 feet of walking surface shall be maintained in front of the furthermost gangway projection (including toe plate) at high tide, and have a minimum of 4 feet of clear space to walk along the side of any gangway for access to berthed vessels. Table No. 1 Minimum Finger Widths Finger float Width (Feet) Length of Berth (Feet) F = 5.0’ All ADA Accessible Finger floats F = 3.0’ Up to 35’ F = 4.0’ 36’ to 59’ F = 5.0’ 60’ to 79’ F = 6.0’ (1) 80’ to 119’ F = 8.0’ (1) 120’ and over (1) Widths of more than that shown in this Figure may be necessary for specific site conditions and/or uses of fingers over 70 feet. (2) Minimum 5’-0” widths are required for the entire path of travel for ADA access, including paths along main- and headwalks. d. Single and Double-Wide Slips: (1) Single-wide slips are those slips that have a finger on each side of the boat. Double-wide slips have only one finger adjacent to any given boat. e. Vessel “Rafting”: (1) Vessel “rafting” is the practice of connecting multiple vessels together, with only one of the vessels being tied/berthed to a walkway or finger. Rafting of vessels is not allowed, unless specifically approved by the Harbor Resources Division and/or the Fire Department for special facilities and/or events. f. Long Docks: (1) Long docks are defined as side-tie docks with more than one boat berthed. Unless specifically identified otherwise, and for the purpose of establishing the number of boats that may utilize a long dock per State of California Department of Boating and Waterways Guidelines, it will be assumed that one boat is berthed alongside a long dock every 40 feet of long dock length. This would relate to a 30-ft berthed boat, with 5 feet of clearance 8 on either end. Distance between two adjacent boats shall be minimum 10 feet. g. Loading Criteria: (1) The design of the dock system shall incorporate all anticipated dead and live loads. (a) Dead Loads: Dead loads shall include the weight of the dock system components (walers, bracing, bracket, etc.) which are permanently incorporated into the dock system, and non-dock system components (transformers, gangways, dinghy racks, trash containers, buildings, etc.) which are permanently affixed to the dock system. (b) Live Loads: Live loads are temporary, transient loads imposed in the ordinary use of the dock system, such as people, carts, mobile equipment, wave loadings, wind loads, impact loads, etc. The dock system shall be capable of supporting live loads and freeboards per “Flotation and Freeboards”. The structure shall also be capable of supporting a 400-pound moving point load anywhere on the deck surface, but no closer than 12” from any dock edge, while maintaining the level tolerances cited in this guideline. (c) Wildlife Loads: Refer to “Layout and Design Guidelines for Marina Berthing Facilities”. (2) Wind loads shall be calculated both parallel to and perpendicular to maximum length of vessels and structures in accordance to current California Building Code. (a) Wind load on the lateral area of vessels or structures shall not be less than 15 pounds per square foot acting on the projected area of the docks as well as the profile area - “sail area” of the berthed vessels above water level. (b) Lateral area of vessels for wind load calculations acting on the “sail area” of the vessel shall be as per Graph No. 1, or the actual sail area of the anticipated vessel, whichever is greater. (c) Ten percent (10%) of the full wind load for an unshielded vessel shall be applied to each vessel in the leeward side of the unshielded vessel. 9 (3) Current Loading: Floating docks in areas of the harbor may be subject to current loads. Dock shall be designed for minimum current velocity of 1 feet/sec. (4) Impact Loading: Impact Load from design vessel (maximum boat size that may be moored on the dock) striking dock at 10 degree angle (from parallel to dock) with approach speed of minimum 1 feet/sec. (5) Wave Loading: A simple wave analysis was conducted to provide general guidance of a 100-year return period wind waves and ocean swells at Newport Harbor. In general, the majority of Newport Harbor is dominated by wind waves except for the areas near the harbor entrance which are dominated by Ocean Swells. Contact the City of Newport Beach, Harbor Resources for details of reference study. A qualified civil engineer, licensed in the State of California, shall conduct site-specific engineering analysis to evaluate the appropriate design wave loading for the project. (6) Load Combinations: (a) Combined load cases for design of docks shall include the following: 1) Dead load plus uniform live load 2) Dead load plus concentrated 400-lb live load. 3) Dead load plus wind load plus current & wave loads. 4) Dead load plus impact load. (b) Fabrication, handling and lifting loads shall also be checked in the calculation of the dock system. (c) A 1/3 increase in allowable stresses can be used when in combination with either wind, current, wave or impact loads. For all wood stresses, the allowable stress shall be reduced in accordance with the California Building Code for wet conditions, and then the 1/3 increase in allowable stress applied. (d) Calculations shall include the transfer of forces from the dock system into the piles. All components within this transfer mechanism shall be substantiated. 10 11 h. Flotation and Freeboards: (1) Sufficient flotation shall be provided to support dead load plus live load with freeboards as noted below. Higher live load requirements may be required by the City of Newport Beach, under special circumstances as may be deemed appropriate. Dock freeboard shall be minimum 14 inches and maximum 24 inches, under dead load. Dock freeboard shall not be less than 9 inches and there shall be minimum 1 inch of pontoon freeboard remaining, under dead plus live load. See Figure No. 13 for typical concrete dock system (where dock system itself is the pontoon) and Fig 14 for typical timber, aluminum, steel, and composite framing dock system (where framing is supported by pontoons). a) Residential docks shall be designed for a live load of 25 pounds per square foot. b) Marinas, Public Pier (also known as Public Docks) and Commercial Docks (Docks subject high volumes of pedestrian traffic and the movement of goods, material, supplies, cargo, etc. such as docks used for ferries, charter boats, fishing boats, boat shows, shuttles, water taxis, etc.) shall be designed for a live load of 40 pounds per square foot. Commercial Docks, as described above, which are also used for the staging of passengers, or heavy loads, shall be designed for live load of 65 pounds per square foot. Signage indicating maximum number of people (using occupant load factor 200 pounds/person) that may be staged (Dock Staging Capacity) shall be posted at a prominent location at staging area. Exception 1: Docks whose functionality requires dead load freeboard less than 14 inches (docks used for kayaks, rowboat, etc.) shall be designed for 25 pounds per square foot live load. These special docks shall be exempt from the freeboard requirement on “Floatation and Freeboard Section h.1”. Signage indicating maximum number of people (using occupant load factor = 200 pounds/person) that may use the dock (Dock Capacity) shall be posted at a prominent location. 12 Exception 2: Repair or Modification to less than 50% of an Existing Dock is exempt from the freeboard requirement on “Floatation and Freeboard Section h.1”. However, Engineer of Record shall perform freeboard calculation, to provide sufficient floatation under repaired or modified portion of dock section, to match freeboard of existing dock and support minimum live load of 25 pounds per square foot. c) Weight of seawater, for the purposes of flotation calculations, shall be 64 pounds per cubic foot. (2) The flotation shall use a rigid block of closed cell expanded polystyrene (EPS) cores. The use of hollow pontoons shall not be allowed. (3) Docks shall have pontoons composed of outer shells of either concrete (1” minimum thickness) or an ultra-violet stable plastic such as fiberglass or cross-linked polyethylene (1/8” minimum thickness). Other alternative materials must be submitted to the City for review and approval, per the “Request for Alternate Material or Method of Construction” appeals process. Exposed foam flotation is not allowed. (4) Residential Docks: In addition to the pontoon encapsulation types noted above, residential docks may also use spray-on elastomeric encapsulation systems for pontoons. Spray-on products must demonstrate resistance to ultra-violet rays, solvents that may be present on the water surface, and environmental conditions imposed by saltwater contact. Minimum spray-on product thickness shall be 100 mils. i. Static Floating Tolerances: (1) The dock surface of the in-place dock system, which includes finger floats and walkways, under various loading conditions, shall be level within the following tolerances: Under Dead Load Only, & Under Dead and Live Loads: ¼” per foot, 1” maximum (transverse) 1/8” per foot, 1” in 10 feet maximum (longitudinal) Under Dead and Point Live Loads: ½” per foot (4%), 2” maximum (transverse) 13 ¼” per foot, 2” in 10 feet maximum (longitudinal) On Accessible Routes, for ALL Loading Conditions: Shall not exceed 1:50 or 2% maximum (transverse) (2) Under Dead Load Only conditions, the free ends of finger floats shall always float level or higher than the finger float ends connected to the head or mainwalk, within the limits noted above. j. Torsional Resistance Requirements: (1) General: Fingers, connected walkways, and free-standing headwalks unattached to other dock elements must be designed to provide dock stability and resistance to torsional loads. Torsion bars installed in fingers, and/or dock framing construction that provides for calculated and verifiable twist resistance, is required. Free-standing headwalks need not provide independent means of torsional resistance if the width of headwalk is 8 feet or more. Alternative means of providing torsional resistance to fingers and main- or headwalks may be considered by the City of Newport Beach. Methods such as twist-controlling guide roller assemblies may be considered, if acceptable twist resistance can be proved. k. Guide Piles: (1) Dock system pilings shall be designed by an Engineer, licensed by the State of California, who shall have demonstrated expertise in the design of marine structures. Pile loading calculations shall be provided based on a soils investigation by a licensed geotechnical engineer, or based on minimum code values for soil properties. Alternatively, a pile test may be conducted by a licensed engineer after piles have been driven, to confirm that the piles can withstand the design loads anticipated. Testing procedures must be approved by the City prior to commencement. (2) Soil conditions in Newport Harbor can vary depending on the existence of rock strata near historic bluffs along the coastline. The Applicant is advised to research the soils conditions of the subject site in order to properly assess the conditions for pile stability and installation. 14 (3) Loading Conditions & Criteria: (a) Applied lateral wind and impact loads shall be calculated for not lower than a +7.5 foot MLLW water surface, and a load height acting upon the piles at no lower than +8.5 foot MLLW. (b) Loads imposed on the dock framing system as previously noted in this loading criteria, shall be imposed in-like- kind to the piles providing the lateral load resistance for the docks. (c) Pile penetration shall not be less than 15 feet. (d) Pile cutoff elevation shall not be lower than +12.0 feet, MLLW in protected areas of the Harbor. Applicant shall consider pile top elevation of +13.0 or higher for facilities in or near the Harbor Entrance, due to more severe environmental conditions. (e) Guide pile caps shall be provided to discourage birds from perching on piles. (4) Special Geological Conditions: (a) There are locations within the Newport Harbor area that contain rock-like geological conditions, exhibiting different soil resistance characteristics than standard bay mud. The applicant is encouraged to observe the type of guide piles used in the existing surrounding installations to assess the type of piles that may be required for any new project. A geotechnical consultant could be retained to provide this information and pile design and installation recommendations, as well. 15 3. DOCK MATERIALS OF CONSTRUCTION a. General: Materials used in dock systems shall have a demonstrated history of use in salt water environments of at least 10 years, or otherwise be approved by a licensed engineer practicing in waterfront engineering. Materials used in dock systems are to be new and in good condition. (1) Flotation: (a) Flotation systems shall be the products of manufacturers and contractors regularly engaged in the production of such items for marine construction. (b) Flotation units shall consist of: 1) Concrete cast around a solid, closed cell foam core, or 2) Fiberglass, polyethylene or plastic shell with a fitting, solid, closed cell foam core. (2) Plastics: All plastics used in the dock systems shall be ultra-violet light stabilized or protected. Plastics proposed for use must have a demonstrable performance history in salt water environments of at least ten years, or be the recommendation of a California licensed Engineer. Design strengths and thickness shall be appropriate for the intended purpose. (3) Foam core for floats shall be a rigid block of closed cell expanded polystyrene with a unit weight of between 0.95 to 1.2 pounds per cubic foot. Properties of foam shall conform to ASTM C578, with maximum water absorption of 3.0 percent or less as determined by ASTM C 272, Method C. The foam core shall not have more than 10 percent reground material, and reground foam pieces shall not exceed 3/8-inch diameter. 16 b. Timber: (1) All wood-construction fingers shall have framing that includes cross-members that provide rigid connection to the full-length stringers. All connections shall be made using thru-bolts. (a) Commercial Dock Framing: For independent long docks that float freely and do not have docks and/or fingers attached for stability, all primary load carrying framing members shall be fabricated from glued-laminated beam construction, to prevent warpage of the major members, contributing to dock instability. (2) Allowable Stresses: Allowable stresses for harbor structures shall not exceed those stated in the “California Building Code”. (3) Timber used for walking decks shall have a minimum net thickness of 1½ inches. (4) Timber for walking surfaces shall be Douglas Fir, Select Structural. Sawn timber for other framing members shall be Douglas Fir, No. 1, minimum. (5) Glued-laminated timber shall be Douglas Fir 24F-V8, industrial grade for application in wet environments. Fabrication shall comply with Product Standard PS 56-73, “Structural Glued Laminated Timber”. (6) Walking surfaces shall have a non-skid finish and be maintained periodically or when worn and unsafe. Treated timber decking requires no further non-skid finish. (7) Dimensional lumber is not required to be painted. However, if the applicant chooses to paint, such paint shall be maintained to good condition and appearance. (8) Plywood utilized within dock framing systems shall be exterior grade material. Plywood shall not be used as the walking surface for a dock system, unless the product can be demonstrated that it is provided with a factory-applied protective, non-skid walking surface that will be durable and has a proven process for patching and touch-up. Internal plywood members shall be provided in such a manner that water can be easily conveyed off the top surface of plywood and not pond or get trapped, leading to early deterioration and dry rot. 17 (9) Weight of treated Douglas Fir shall be assumed to be 35 pounds per cubic foot. (10) All timber used for dock construction shall be marked with the appropriate grade of material and preservative treatment, or may be subject to rejection by the City Inspector. (11) Wood Preservative for Timber: (a) All timber products shall be coated with preservative treatment to retention limits recommended by the American Wood Preservers Association Standard M4 “Standard for the Care of Preservative-Treated Wood Products” and AWPA Standard C2 “Lumber, Timber, Bridge Ties & Mine Ties – Preservative Treatment by Pressure Processes”. (b) Current State and Federal environmental requirements and guidelines for the type and application of preservative treatments will be strictly enforced. (c) All lumber must bear a stamp approved by the American Lumber Standards Committee for conformance to the American Preservers Association Standards. (d) Field cuts and bored holes shall receive field-applied preservative treatment in accordance with Best Management Practices. Preservative treatment chemicals shall not be allowed to enter harbor waters. c. Metal: (1) Any steel components used in the marine environment shall be hot-dip galvanized with a minimum of 3 mils of zinc, or epoxy coated per ASTM A 934 and manufacturers recommendations, or shall be stainless steel. (2) Structural steel shall conform to Standard Specifications for Structural Steel for Bridges and Buildings. Stainless Steel shall conform to 316 material specifications. Aluminum shall be marine grade. 18 (3) Fabrication and erection shall comply with the latest applicable codes as noted: - AISC, Latest Editions - Aluminum Structural Welding Code, Latest Edition - Aluminum Design Manual, Latest Edition - 12011 Design Manual for Structural Stainless Steel, Latest Edition (4) All bolts securing primary structural members shall be a minimum of ½ inch diameter thru bolts. Bolts shall be minimum A307 and include washers where direct contact with timber members occurs. Carriage bolts are also allowed. (5) No connecting device shall protrude beyond the fascia or waler into the berthed area, which may contact any part of the berthed vessel, or extend up into any walking surface creating a tripping hazard. d. Concrete and Reinforcing: (1) Concrete shall be designed for permeability, strength, chemical stability and abrasion resistance, appropriate for its application. Minimum compressive strength for concrete, subject to salt water splash, immersion and/or brackish water is 5,000 psi and a 0.4 water-to-cement ratio. (2) Portland cement shall conform to ASTM C 150 Type I or Type II modified, and low alkali. Chemical admixtures shall conform to ASTM C 494. Chemicals designed to limit corrosion of internal reinforcing may be used. Air entrainment admixtures shall conform to ASTM C 260. Coarse and fine aggregate shall conform to ASTM C 33, and ASTM C 330 where lightweight aggregates are used. Lightweight aggregate, if used, shall consist of expanded and coated shale or equivalent material of sufficient strength and durability to provide concrete of the required strength. (3) Concrete structures shall be designed to provide sufficient coverage of reinforcing steel, so as to prevent corrosion, per code requirements. For structures exposed to salt water splash or immersion, bar reinforcement shall conform to ASTM A 706, and shall be epoxy coated per ASTM A 934, after bending of the bars. Welded wire mesh shall conform to ASTM A 185 and shall be epoxy coated conforming to ASTM A 884, with all visible defects and cut ends repair coated. Wires used to tie reinforcing steel shall be either epoxy-coated steel, or 316 stainless steel. 19 e. Pilings and Anchorage: (1) Piles shall be the products of manufacturers and contractors regularly engaged in the production of such items for marine construction. Typical materials approved for pile materials include: 1. Pre-stressed concrete, 2. Steel, or 3. High-strength composite materials. Timber piles are not allowed. (2) Unless subsurface soil materials prevent their use, pilings shall be pre-stressed concrete. Portland cement shall be ASTM C150 Type 2. Water for mixing and curing shall be fresh, clean and potable. Aggregates shall conform to ASTM C33, Size Number 67, and be free from any substance that is deleteriously reactive with the alkalis in the cement. Admixtures, if used, shall conform to the requirements of ASTM C494 and not contain chlorides. Corrosion inhibiting concrete admixtures are encouraged. Pre-stressing steel shall be uncoated, seven-wire stress relieved strand with a minimum ultimate stress of 270,000 psi conforming to ASTM A416. Ties and spirals shall conform to ASTM A82, cold drawn. Piles shall cure and reach a strength of not less than 4,000psi before de-tensioning and cutoff of the strands. (3) Guide rollers shall be fabricated from polyethylene, UHMW, polyolefin or polyurethane roller or plate material. As an option to the use of rollers, UHMW rub blocks may be used. Minimum thickness of a rub block shall be 2 inches, with attachment bolts countersunk into the UHMW material. (4) Any structural steel components used in the marine environment shall be hot-dip galvanized or epoxy coated per manufacturers recommendations, or 316 stainless steel. (5) Steel piles must be painted with a non-toxic coating that prevents or inhibits the corrosion of the pile base material. Design of steel piles shall include a 1/8-inch additional corrosion allowance. Coatings must be maintained to prevent growth and wear from the guide roller assemblies. Rollers should be cleaned periodically to prevent shell fragment build-up from further deteriorating the coatings protecting the steel piles. For added steel pile protection, sacrificial anodes may also be designed and installed to limit corrosion, and UHMW plastic pile wraps can be installed to limit wear of the steel surface from guide roller friction. 20 (6) Installation Criteria: (a) Piling shall be installed by a licensed contractor regularly engaged in the business of pile driving. Care shall be taken in the handling and driving of piling, to prevent spalling, cracking or other damage. Contractor shall install piles per approved local, state and federal requirements. Jetting may be permitted with Local approval. (b) Tolerances: 1) The elevation of the head of piles shall be within one inch of designer top of pile elevation. Minimum pile top elevation for dock systems shall be +12.0 MLLW. 2) Piling shall be installed vertically plumb within tolerances defined in the construction documents, but in no cases more than 2.5% out of vertical plumb, and 4 inches out of horizontal location. (c) Records, Certifications, and Inspection: 1) Records of pile driving operations shall be maintained under the supervision of the Engineer of Record, and made available to the City upon request. 2) Contractor shall make the pilings available for City inspection prior to installation; 3) Upon completion of the pile driving operation, subject to the requirements of the permit, the engineer may certify that the pilings were installed in accordance with the design and these guidelines. Such certification shall be on the Engineer’s letterhead and bear the Engineer’s stamp, and shall be submitted to the City prior to issuance of the certificate of occupancy. f. Alternative and/or Hybrid Materials Alternative materials such as recycled plastic, PVC, composite and others, which can show a demonstrated experience and useful lifespan in the marine environment and usage, can be proposed to the City of 21 Newport Beach for consideration. The decision of the City of Newport Beach regarding the use of alternative or hybrid materials will be final. 4. APPURTENANCES a. Locker Boxes: Individual locker “dock” boxes may be provided for slips, and may provide housing for electrical and mechanical services. Locker boxes shall be securely attached to the dock surface. All dock boxes should be located on finger fillets; i.e., the intersection of the finger and the main or headwalk, on the triangular dock surface. Locations other than on a finger fillet require the approval of the City. Locker boxes installed in the path of travel that limits safe pedestrian access will not be allowed. Minimum clearances for safe pathways are as follows: 2 feet clear on fingers, 3 feet clear path on main and headwalks. Lockers boxes shall be made of 1/8 inch minimum thick fiberglass or cross-linked polyethylene. Flammable materials shall not be kept in locker boxes. b. Cleats: Cleats shall be designed to accommodate boats and loads appropriate for their location. A minimum of two cleats on each side of a finger is required. Cleats shall be attached to the dock system by means of through-bolts of adequate size to transmit loads between boats and the dock system. c. Bumpers: Bumpers shall be installed on dock surfaces that will come into contact with boats. Outer corners of fingers should be protected with corner bumpers or dock wheels. Bumper material shall be vinyl products, or those that have been approved by an Engineer, licensed to practice in the State of California. Water retentive material such as rugs, or salvage materials such as tires, shall not be used. Install bumpers with aluminum or stainless steel nails or screws. d. Boarding Steps: Boarding steps shall not be kept on main walks. Boarding steps may be kept on, or attached to, finger floats, but in no case shall boarding steps on finger floats occupy more than one-half of the width of the finger float. Boarding steps shall be light-weight and not used for storage, unless the supporting dock section has been specifically designed for the additional dead and live load. Boarding steps shall not be permanently attached to the outermost 5 feet of any finger float. 22 e. Life Rings: Life rings shall be installed in strategic locations on commercial docks. Life rings for residential docks are encouraged, but not required. f. Dock Ladders: Dock ladders shall be installed in strategic locations on commercial docks for safety purposes. Ladders shall extend into the water by at least 3 feet, and be constructed of materials that resist corrosion and prolong ladder life. Ladders may be provided with the ability to swing out of the water in order to allow for special recreational uses of the docks. Ladders for residential docks are encouraged, but not required. 5. ACCESS/GANGWAYS/AMERICANS WITH DISABILITIES (ADA) COMPLIANCE a. General (1) Landside facilities of commercial docks and of docks serving new multi-family developments shall meet all ADA requirements for the path of travel from the street and parking lot, to the gangway and down to the docks. (2) Walking surfaces of gangways shall have a non-skid finish, such as punched metal, unpainted timber, or grit impregnated metal, painted non-skid coatings, etc. (3) Gangway Support: Connections between gangways and the adjacent bulkheads or platforms shall be designed by a licensed engineer, and comply with the following minimum requirements: (a) Gangways shall be supported by the bulkhead or platform through a mechanical connection system, such as face- mounted plates or clip angle hangers with saddles, shackles or pins, attached to the bulkhead or platform with poured-in-place anchor bolts or epoxy-anchored threaded studs. Minimum diameter of bolts shall be 5/8 inch, and material for bolts in contact with concrete or treated lumber shall be Type 304 or 316 stainless steel. (b) The hinge and supports shall be capable of transferring full dead and live loads generated by the gangway to the mechanical connection system. (c) Steel angles, plates and other sections utilized in these connections shall be minimum A36 grade and have a 23 minimum thickness of 3/8 inches. Any exposed edges of plates that may potentially be in the path of travel or in contact with foot traffic shall have beveled or rounded smooth edges. (d) Dissimilar material shall not be in direct contact to prevent galvanic corrosion. (e) All steel members and hardware shall be galvanized, or coated with a formulated non-toxic coating system designed specifically for the marine environment. (f) The gangway shall be restrained from lifting out of the support saddle during extreme high tide elevations, without interfering with rotation at the gangway hinge. (4) Gangways shall be braced in the horizontal plane to prevent lateral deformation. The bracing system can consist of diagonal supports within or under the gangway framing system, plywood sheathing, or by decking designed to act as a shear transfer membrane. b. Commercial Docks: Commercial docks servicing the public will be required to meet all applicable requirements relating to Federal ADA Compliance requirements. (1) Design live loads for gangways shall be a minimum of 50 pounds per square foot for gangways functioning strictly for access to the dock system, and a minimum of 100 pounds per square foot for gangways that can be used as a staging area for passengers boarding vessels. The maximum allowable deflection of a gangway or bridge at mid span is L/240, with L/360 suggested for walking comfort. (2) Gangway slopes shall meet current state and Federal requirements for safety and ADA compliance, where applicable. (3) All commercial gangways shall be ADA compliant. (4) All walking surfaces shall be provided with a commercial grade non-skid surface. Worn or slick non-skid surfaces shall be repaired immediately upon notice. Non-skid walking surfaces shall be maintained and/or re-applied at a minimum of every six (6) months. The maximum allowable gap in adjacent walking planks or surfaces shall be ½”, and the maximum vertical height differential between adjacent planks or surfaces shall be ¼”. 24 (5) All gangways shall be equipped with transition plates at the bottom of the gangway, and if fabrication details include gaps in the hinge transition of more than ½ inch, at the top of gangway as well. These transition plates shall be of non-skid surface material and provide the transition from the gangway platform and/or dock, onto the gangways. All transition plates shall have a slope no steeper than 1:8 for non-ADA-compliant gangways, and 1:12 for ADA-compliant gangways. Transition plates shall have rounded edges along the path of travel and a height or thickness at the end of the plate of no greater than 3/8 inch. (6) Minimum clearance on the dock system around a gangway landing shall be 5’-0”. (7) For additional discretionary gangways, other than the required ADA gangway, gangway slopes for commercial docks shall not exceed 1 foot vertically for each 3.0 feet of length, when the tide is at –1.0 feet MLLW. The minimum length of commercial gangway shall be 30’-0”. (8) Guard, mid and hand railings shall meet the requirements of the latest State of California Title 24 requirements. (9) Railings shall be designed to resist a load of 50 pounds per foot applied horizontally to the rail or a 200-pound point load applied vertically at any point along the length of all horizontal rails. c. Residential Docks: (1) Design live loads for residential gangways shall be a minimum of 25 pounds per square foot for gangways functioning strictly for access to the dock system. The maximum allowable deflection of a gangway or bridge at mid span is L/240, with L/360 suggested for walking comfort. (2) Gangway slopes for residential docks shall not exceed 1 foot vertically for each 2.5 feet of length, during the full range of tidal swing elevations. The minimum length of residential gangway shall be 24’-0”. (3) Minimum gangway clearance (within handrails) shall be 2’-6” wide. (4) A 3-foot long toe plate, at the base of a gangway, is encouraged for ease of use and safety and to provide a continuous sloping 25 path of travel, from the surface of the gangway to the surface of the dock. A gangway bottom “step-off”, if the toe plate is not utilized, shall not exceed 7 inches in vertical height. (5) Worn or slick non-skid surfaces shall be repaired immediately upon notice. Non-skid walking surfaces shall be inspected and maintained periodically for safety purposes. (6) Gangway handrail heights shall be 34 to 38 inches above the gangway walking surface. Openings in rails of residential gangways shall not permit a sphere 12 inches in diameter to pass through. The gangway rail shall be designed to resist a load of 20 pounds per foot of horizontal force applied to the top of the rail. (7) If a residential dock system has 25 or more slips, an ADA- compliant gangway system must be designed with a minimum design load of 50 pounds per square foot, and a maximum deflection of L/240, with a deflection of L/360 suggested. See Federal ADA Accessibility Guidelines. 6. SPECIAL HARBOR FACILITIES a. Fuel Floats: (1) Locate boat-fueling docks near the entrance of the harbor, in an area that is protected from waves and rough water environmental conditions. (2) Fuel floats used for dispensing petroleum products shall be adequately designed and placed to provide maximum service to the boater. Adequate guide piles or dolphins shall be required to provide permanence, safety, and stability to the floating docks, and shall be designed by a California Licensed Engineer with waterfront experience. Fuel floats must be designed to support the dead loads imposed by the dispensers, hose reels, storage, pipe chase ways, etc. (3) Fuel facilities shall be in conformance with County, State and Federal codes, ordinances and law. Equipment, such as containment booms and absorbent pads, shall be kept on the fuel dock to contain spills. 26 (4) Fuel Floats shall contain all necessary firefighting equipment and systems, as deemed appropriate by the City of Newport Beach Fire Department. b. Sewage Pump Out Facilities: (1) Marinas with more than 50 boats are required to have at least one (1) sewage pump out facility. Sewage pump out facilities shall connect to the nearest City of Newport Beach sewage line system. Refer to City of Newport Beach Standard Drawings for Public Works Construction for details of these connections. (2) Sewage pump out equipment shall be products that have been designed, tested and installed for the specific purpose of vessel sewage pump out. All sewage pump-out facilities shall be inspected regularly and maintained in operable condition. c. Floating Buildings: (1) To obtain approval from the City of Newport Beach Harbor Resources Division for the installation of a floating building, the applicant must provide compelling reasons that such a facility is necessary and is precluded from location on land. (2) Only commercial facilities are allowed to consider floating buildings. Residential facilities are not allowed to have floating buildings. Potential floating building uses include restrooms, the dock master’s office, enclosures on a floating fuel dock, and boat rental office. Other uses may be considered, at the discretion of the City of Newport Beach. (3) Floating buildings are subject to the latest edition of all local, State and Federal building codes. d. Vessel Launching Facilities: (1) Vessel launching facilities may include vehicle launch ramps for trailered boats, concrete launch ramps with rails and/or tracks for special vessel carriers, elevated travel lift launches, swing hoists on davits, and forklift launching. (2) All launch facilities shall be designed considering the launching and vehicle loads imposed on existing and/or planned structures. (3) Vessel launching facilities shall be designed in accordance with California Department of Boating and Waterways, Boating 27 Facilities Division, “Layout, Design and Construction Handbook for Small Craft Boat Launching Facilities”. e. Special Mooring Devices: (1) Special vessel mooring devices may be required or desired for specific berthing conditions. Large vessels may require mooring and/or breasting dolphins (pile groupings designed to resist large impact and berthing loads), berthing walls, or other devices that facilitate vessel docking. (2) Special mooring devices shall be designed by a licensed engineer and geotechnical consultant, with experience in waterfront engineering. Special mooring devices shall be designed to resist berthing loads, wind, wave, and current loading for the localized area. f. Piers, Platforms, and Wharves (1) Piers, platforms, and wharves shall be designed by a California licensed Engineer experienced in waterfront structures. A geotechnical report, for pile design and installation, shall be provided that addresses special issues such as liquefaction potential, and the gravity and seismic support of the waterfront structure. The geotechnical report shall be prepared by a California-licensed Geotechnical Consultant. Refer to the Harbor Standard Drawings for the various geometries allowed for piers and platforms that serve and provide access to residential floating docks. (2) Commercial: Structures shall be designed for an assembly area live load of 100 pounds per square foot (psf) as well as vehicle loads that may be imposed on the structure for maintenance purposes. (3) Residential: Structures shall be designed for a minimum live load of 50 psf. g. Seawalls (Bulkheads): (1) General: Several types of seawalls are common to support soils and construction on the landside of the wall. Seawall material can be composed of various types of materials, including concrete, steel and other manufactured materials. Typical wall types include freestanding or “cantilevered” seawalls and “tied-back” 28 seawalls. Cantilevered seawalls are limited by the height of the wall above the waterside mudline and are generally effective for exposed heights of not more than 8 feet. For structural steel type seawalls, higher exposed heights are possible. Tied-back seawalls can be effective for exposed heights over 8 feet and may require continuous caps, walers (beams), steel tie rods and a foundation anchors (Deadman), or earth anchors. Tie-back anchor systems shall require protection against corrosion. Galvanic anode cathodic protection system is recommended. Tie-back anchor system shall be designed to last the life of seawall. (2) Generally, seawall sheets constructed of reinforced, prestressed concrete are desirable, although for special conditions, structural steel interlocking sheets may be necessary. Steel products in the marine environment require special non-toxic coating protection and cathodic protection, in order to provide extended life spans. (3) Seawalls shall have a top elevation of not less than 10.0 MLLW. Seawall elevations of greater than 10.0 MLLW may be required by City of Newport Beach, depending on location within the bay and potential for wave or wake over-topping. (4) The distance between seawalls and all floating dock components shall be a minimum of one foot horizontal distance. (5) Seawalls shall be designed to resist all applicable vertical and horizontal loads. (6) A minimum safety factor of 1.5 shall apply to gravity loads, and a minimum safety factor of 1.1 shall apply to seismic loading cases for the stability of seawalls. (7) Decking may butt to the seawall cap, or cantilever over the top of the seawall, if approved. (8) Wing Walls: Wing walls are retaining walls that project landward and are perpendicular to the seawall. Wing walls may be necessary to isolate the seawall protection system of one property to the adjacent property. Special care must be taken to assure that the construction of a seawall for the subject property does not adversely impact the seawalls of the adjoining properties, either during construction or over the life of the structures. (9) Seawall design requires a soils report from a California-licensed geotechnical consultant experienced with the design of waterfront 29 structures. Any sloping surface on the water or landside of the seawall must be accounted for in the calculations for the seawall. (10) All concrete sheets used for seawall construction shall be designed as pre-cast, pre-stressed concrete elements. Sheet design shall provide for symmetrical distribution and sizing of strands, to prevent curvature of the wall. See “Pilings & Anchorage” for concrete and reinforcing requirements. (11) All seawalls or seawall alterations shall be designed by a California-licensed Civil or Structural Engineer. 7. DREDGING a. All projects that require dredging must follow current local, State and Federal permitting requirements. b. For maintenance dredging projects involving small quantities, the City of Newport Beach, in conjunction with the Army Corps of Engineers (ACOE), has a program allowing for a simplified permitting process, as long as the amount of dredging and disposal quantities are small and meet quality requirements. The applicant is encouraged to inquire about this simplified process with the Harbor Resources Division, to verify qualifications. 8. UTILITIES a. All utility lines in a floating dock system shall maintain clearances as outlined in “Layout & Design Guidelines for Marina Berthing Facilities”. b. Electrical Power and Lighting: (1) All electrical design shall be in accordance with the latest edition of the National Electric Code (NEC) Article 555 – “Marinas and Boatyards”, California State Building Standards “Article E555 Title 24, and the National Fire Protection Association (NFPA) code, NFPA 303 and NFPA 70. (2) Electrical systems shall be designed by an Electrical Engineer, licensed by the State of California, and shall be in accordance with the latest requirements of the City of Newport Beach. 30 (3) An electric service connection shall be located at a minimum of every other slip. Electrical receptacles shall be waterproof and approved for marine waterfront exposure. The following are suggested minimum receptacle requirements based on boat size: one (1) 120v, 30 amp outlet at each boat slip under 35ft, two (2) 120v, 30 amp outlets at each boat slip between the sizes of 36 to 45ft, one (1) 120v, 30amp and one (1) 120v, 50 amp receptacle at each boat slip between 46 to 55ft, and two (2) 120v, 50 amp receptacles for boats between 56 to 65ft. For vessels larger than 65ft, special power requirements may be required and the applicant should consult the vessel manufacturer. Some large vessels may require 220v or 480v, 100amp services. Sub metering of each boat slip is recommended and has proven to reduce power usage in marinas where meters have been installed. (4) Lighting shall be provided on all floating structures for pedestrian safety. All lighting shall be so designed as to provide sufficient light for safe pedestrian usage. All lighting on landside and waterside structures and buildings shall be designed to provide a minimum reflection/glare on the adjacent water areas with consideration for lighting reductions in evening hours. (5) Electrical cables and conduits shall be fastened securely to the dock system and gangways such that the system is protected from damage by boats. All electrical equipment shall be located above the harbor water level per NEC requirements at all times. If distribution cabling will be subject to water contact, cabling shall be rated for submersible use. All strapping supports for conduit shall be stainless steel. All electrical conduit and cables must be concealed within the dock system. (6) Transformers and panels located on the docks shall meet all requirements of the National Electrical Code (NEC). Several maintenance receptacles should be placed throughout the marina system to allow dock maintenance crews to use small electric tools without using metered power dedicated to slip renters. (7) Commercial Facilities: (a) Commercial facilities shall provide minimum lighting levels for public safety along the path of travel from land to the berthed vessel. (b) Lighting fixtures with a capacity of 9 watts mounted at heights between 1.5 to 3 feet above the floating deck surface in dock boxes or on individual pedestals along the 31 path of travel will generally meet this requirement. Fixtures should be located such that lighting levels on the walking surface are as uniform as possible. (c) In addition, pole-mounted lighting shall be provided to illuminate vertical access systems such a gangways, steps, and lifts, providing a higher level of illumination at vertical transitions in the path of travel. (d) Lighting systems shall be designed to provide light for the floating walking and access surfaces and not project light into neighboring properties, skyward and/or water space. Special lens and/or shields may be required to ensure that stray light is blocked and/or managed. (e) All lighting shall be controlled by photo cells and/or timers, to assure that their operation is automatic and energy conserving. c. Plumbing (1) Plumbing systems shall be designed by a Civil or Mechanical Engineer, licensed by the State of California, and shall be in accordance with the latest National Mechanical Code, State Plumbing Code, and National Fire Protection Association Code. (2) One hose bib shall be provided for every two (2) boats, as a minimum. Hose bibs for every boat slip are recommended for boater convenience and the reduction of clutter on the docks. (3) Backflow preventers shall be provided for all water supply systems into the site. Pressure reducers or booster pumps may be required to meet pressure and flow requirements. (4) Refer to Section “Sewage Pump Out Facilities” for criteria for sewage system installations. (5) Supply water and sewage piping shall accommodate the full range of tidal movement, via the installation of flexible hoses and/or mechanical swivel pipe fittings. All materials shall be suited for the salt-water marine environment and be rated as “Food Grade” materials. 32 d. Fire Protection: (1) General: (a) All fire protection systems for marinas, wharves and piers shall be in accordance with NFPA Chapters 14 and 303, latest edition, and the California Fire Code Appendix II- C, latest edition. See the attached Newport Beach Fire Department “Fire Protection for Marinas, Wharves, and Piers” for system requirements. (2) Code Requirements: (a) Retroactivity of code provisions: At the option of the Newport Beach Fire Department, the authority can make the conditions and provisions of applicable current codes retroactive, if deemed necessary for public safety. Otherwise, the provisions of applicable codes that existed or were approved for construction or installation prior to the effective date of the standard shall apply. (3) Fire Department connection/s (FDC’s), backflow preventers and pressure reducing assemblies or booster pumps if required, firehose cabinets, fire standpipes and portable fire extinguishers shall be provided on the docks, as required by Code. Meet City of Newport Beach Fire Department requirements for periodic hose testing and replacement. (4) Commercial Facilities: (a) All commercial dock installations shall be provided with a fire fighting system, approved by the City of Newport Beach Fire Department. If the City water pressure is not adequate to produce pressures necessary to meet special City and Code requirements, an auxiliary booster pump system may be required. (b) All new and existing marinas and boating facilities shall meet the requirements described in “Cases” as made part of this Design Criteria. The purpose of these requirements is to facilitate safe boating navigation, as well as provide fire-fighting capability. 33 (5) Residential Facilities: (a) Fire protection systems for single-family residential docks are optional, although highly recommended. The residential owner should contact their insurance carrier for any policy requirements associated with providing a fire protection system. (b) Fire protection for multi-family or condominium residential docks, piers and floats are required to have a fire protection system meeting City and Code requirements. 9. ENVIRONMENTAL a. Commercial Facilities: (1) All commercial facilities shall prepare a Best Management Practices plan to document environmental practices to be applied to daily operations. Plans shall address in-water maintenance limitations, storage and handling of hazardous and/or waste products common to the boating community, and emergency response to chemical spills. (2) Commercial facilities shall provide a means for vessels to pump out their bilge tanks and the wastewater products taken to an approved treatment and disposal facility. b. Residential Facilities: Not applicable 10. PERMITTING Project Types and City Classifications: The purpose of project types and City classifications noted below is to establish the permit fee structure and process for submitted projects. Percentage replacement is based on the valuation of total dock system. Values of various types of construction are based on City records for average construction, and are not necessarily based on the construction cost estimates provided to the City by the Applicant. 34 a. Maintenance Projects: (Do not require State and Federal permit processing) (1) Re-decking an existing float, gangway, or pier, like for like (not more than 20% of total replacement cost). (2) Fixing dry rot or damage (not more than 20% of total replacement cost). (3) Replacing piles, like for like, in the same hole (maximum 7 piles). (4) Replacing a gangway to City standards. (5) Raising a bulkhead to City standards. (6) Replacing deteriorated tie rods with earth anchors. (7) Repairing seawall cap beams and deadman. (8) Emergency repair of structures deemed by the City to jeopardize public safety. (Follow-up permitting may be required with the Coastal Commission.) (9) Partial demolition of structures; i.e., elimination of half of a “U” shaped dock and/or respective piles. (10) New waler at sea side of an existing bulkhead, minimum of 2 feet above mudline (without encroaching property line) b. Alteration and New Construction Projects: (Requires State and Federal permit processing) (1) Re-decking an existing float, gangway, or pier, like for like (more than 20% of total replacement cost). (2) Fixing dry rot or damage (not more than 20% of total replacement cost). (3) Relocating one (1) or more piles (4) Replace float, pier and/or gangway, like for like (5) Change in orientation or configuration of an existing dock, including pile relocation. (6) Any increase in dock footprint (7) Total reconstruction of a float, gangway, and/or pier (8) New configuration of a float, gangway, and/or pier (9) Replace seawall panels (10) New bulkhead system 35 II. LANDSIDE DEVELOPMENTS (Commercial Only) A. Landside developments of waterfront projects are subject to City of Newport Beach - Community Development Department, Building Division and Planning Division requirements. B. See State of California Department of Boating and Waterways “Layout and Design Guidelines for Marina Berthing Facilities”, for minimum requirements for landside facilities, in support of waterfront developments. C. Landside requirements for marina projects include location and design of restroom facilities, minimum parking requirements and ADA compliance. DOCK ARRANGEMENT CASE 9A Fig. No. 10 DOCK ARRANGEMENT CASE 9B Fig. No. 10A WATERFRONT PROJECT GUIDELINES AND STANDARDS – HARBOR DESIGN CRITERIA,  COMMERCIAL & RESIDENTIAL FACILITIES: APPROVAL Harbor Commission February 8, 2017 Recommendation •Review and approve; and •Forward to City Council for final approval. Discussion •Current version updated 2008. •Minor errors and inconsistencies noted by community. •Site-specific requirements (e.g. docks in West Newport vs. entrance channel). Outcome •Harbor Design Standards will: •Be less stringent. •Make permit process streamlined. •Provide latitude for alternative designs, materials, structural analysis. Major Updates 1.California Building Code language allowing alternative design consideration: a.CBC [A] 104.10 Modifications:“…building official shall have the authority to grant modifications for individual cases, upon application of the owner or owner’s representative…” b.CBC [A] 104.11 Alternative Materials & Design: “…An alternative material, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent…” Major Updates (cont.) 2.Revised dock widths to reflect California Guidelines: Major Updates (cont.) 3.Revised load combination for float design. 4.Decreased dock live-load to match California Guidelines. 5.Clarified dock freeboard requirements (Added Figures 13 & 14). Major Updates (cont.) 6.Decreased pile cutoff from +13 MLLW to +12 MLLW. 7.Standardized pile penetration to a minimum of 15 feet. 8.Increased seawall height from +9 MLLW to +10 MLLW. 9.Updated Figure 11, Case 12: No shared fairway between properties. For More Information:  Chris Miller Harbor Manager (949) 644‐3043 cmiller@newportbeachca.gov  NEWPORT BEACH Harbor Commission Staff Report  CITY OF  February 8, 2017 Agenda Item No. _2_ TO: HARBOR COMMISSION FROM: Chris Miller, Harbor Manager - 949-644-3043, cmiller@newportbeachca.gov TITLE: Mooring Permits and Other Provisions: Final Harbor Commission Review to Title 17 Revisions ______________________________________________________________________ ABSTRACT: At a special meeting on June 16, 2015, the City Council directed staff to return with a Resolution setting the fair market value rent for onshore and offshore moorings (completed in January 2016), and also return with various Municipal Code amendments and administrative changes as recommended by the Harbor Commission. Staff has completed these administrative changes for final Harbor Commission review before they are forwarded to the City Council for final approval. RECOMMENDATION: 1. Review the administrative changes to the Municipal Code as previously directed by the City Council and Harbor Commission, and recommend they be forwarded to the City Council for adoption. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: The following changes to the Municipal Code represent City Council’s direction to staff based on the Harbor Commission’s previous recommendations. (Attachment A redline.) A brief summary of the major changes to the Municipal Code are listed below: 1. Annual Mooring Permit Rate: Completed January 2016. 2. Mooring Transfers: Unlimited transfers between private parties with a maximum of one transfer per year. 3. Mooring Transfer Fee: 10% of the fair market value mooring permit transfer price. Mooring Permits and Other Provisions: Final Harbor Commission Review to Title 17 Revisions February 8, 2017 Page 2 4. Up to Two Names on a Mooring Permit 5. Centralized Location for Posting Moorings for Sale 6. Mooring Transfer Between Family or Trust: Allowed – no fee. 7. Maximum Number of Mooring Permits Allowed: Two going forward, post adoption. 8. City Practice of Renting Moorings: Allowed. 9. Rental Fees: No change to current program. 10. Frequency of Billing Annual Mooring Permits: Staff will refine internal procedure as needed. No need to codify. 11. Wait List: Abolish. 12. Mooring Revocation: If revoked, City may auction. 13. Insurance Required: Yes. 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). ATTACHMENTS: Attachment A – Title 17 Moorings (redline) 1 NBMC Title 17 Redline NBMC Subsection 17.01.030(L) 1. Offshore Mooring. The term “offshore mooring” shall refer to a mooring that is located bayward of the pierhead line and The term “offshore mooring” shall is comprised of mean a single or double buoy, weight and chain installed for the purpose of berthing a vessel as provided by Chapter 17.25 of the Newport Beach Municipal Code, or any successor statute. 2. Onshore Mooring. The term “onshore mooring” or “shore mooring” shall refer to a mooring for vessels which are located in the nearshore perimeter of the harbor and its islands, perpendicular to the shoreline. One end of the mooring line is attached to a point on or adjacent to the bulkhead, and the other end is attached to a single buoy, weight and chain installed for the purpose of berthing a vessel as provided by Chapter 17.25 of the Newport Beach Municipal Code, or any successor statute. 32. Open Coastal Waters. The term “open coastal waters” shall mean the area composed of submerged lands at extreme low water of spring tide extending seaward to the boundaries of the Exclusive Economic Zone (12-200 miles). This includes navigation channels, turning basins, vessel berthing, anchorage and mooring areas of Newport Bay. 43. Operable. The term “operable” shall mean capable of maneuvering under the vessel’s own power from the mooring to a demarcation line designated by the appropriate authority and generally to be defined as the line between the seaward ends of the harbor entrance jetties and back to the mooring. 54. Operator. The term “operator” shall mean the person who operates or who has charge of the navigation or use of the vessel. NBMC Subsection 17.01.030(O)(6) 6. Reserved.Shore Mooring. The term “shore mooring” shall mean a mooring for vessels which are located in the nearshore perimeter of the harbor and its islands, perpendicular to the shoreline. One end of the mooring line is attached to a point on or adjacent to the bulkhead, and the other end is attached to a mooring buoy located in the water, inside or at the pierhead line. NBMC Section 17.60.040 A. Permit Required. No person shall place, erect, construct, maintain, use or tie to a mooring in the waters of Newport Harbor over City-owned or controlled tidelands without first having obtained a mooring permit from the Harbor Resources Manager or having otherwise complied with this section. A mooring permit is in the nature of license for the temporary use of a specific location within the Newport Harbor. Any work described and authorized in the permit must be completed within the time designated in the permit. 2 B. Issuance of Permit—Conditions. The Harbor Resources Manager, in furtherance of the tideland grants to the City, may issue a mooring permit or mooring sub- permit to allow the mooring permittee or mooring sub-permittee to temporarily use a portion of the waters of Newport Harbor for the mooring of a vessel. Upon the effective date of this chapter, a mooring permittee may hold up to two (2) mooring permits at any time. A mooring permittee that holds more than two (2) mooring permits prior to the effective date of this chapter may continue to hold the mooring permits until the permits are sold, revoked, or otherwise transferred under this chapter. 1. Exceptions. a. The Balboa Yacht Club and the Newport Harbor Yacht Club (collectively, “yacht clubs”) currently hold permits for single point moorings placed within certain mooring area boundaries established by the City, except as noted in subsection (B)(3)(f) of this section. In addition, the Lido Isle Community Association (“LICA”) has permits for on-shore moorings on Lido Isle. These organizations shall hold their respective permits under the yacht club, or respective organization name, for the moorings identified by Harbor Resources as under their respective control at the time of enactment of the ordinance codified in this section. The yacht clubs and LICA shall be solely responsible for managing moorings under their control and shall be permitted to assign moorings under their control to yacht club members and members of LICA, respectively. The yacht clubs and LICA shall keep accurate records of the name and address of the club members and community association members to which each mooring has been assigned. Mooring records shall be made available for audit by the Harbor Resources Manager during regular business hours upon request. b. Mooring of a Tender. A single vessel no longer than fourteen (14) feet in overall length to serve as access to and from the assigned vessel, may be secured to the assigned vessel or may be secured to the offshore mooring in the absence of the assigned vessel. Notwithstanding the single vessel restriction, permitted live aboards may secure up to two (2) vessels no longer than fourteen (14) feet in overall length to the assigned vessel, to serve as access to and from the assigned live aboard vessel. c. Multiple Vessel Mooring System Program. The Harbor Resources Manager may approve a multiple vessel mooring system in the mooring areas of Newport Harbor Yacht Club and the Balboa Yacht Club. An application for a multiple vessel mooring system shall be submitted in writing to the Harbor Resources Manager, who shall evaluate the application based upon standards he or she shall have established. 2. Permit Requirements. Each mooring permit mayshall be issued for up to two (2)one natural persons (“mooring permittee(s)”) who shall be individually and collectively responsible for all activities related to the mooring permit. To the satisfaction of the Harbor Resources Manager, the mooring permittee(s) shall: a. Identify on the permit the full legal name(s), current address(es), current telephone number(s) and current e-mail address(es), if one exists, of the mooring permittee(s); 3 b. Agree to be responsible for permit fees, maintenance and repair of mooring equipment; c. The permit for joint ownership moorings shall provide that all parties shall have equal rights under the permit and shall be held jointly responsible for compliance with all rules, regulations, and conditions set forth in the mooring permit. dc. Grant permission to the City of Newport Beach to temporarily assign the mooring to another vessel when it is unoccupied through the issuance of a mooring sub- permit; de. Agree to defend and indemnify the City of Newport Beach and any other government entity with jurisdiction against any claims or losses arising out of, or related to the use of, the mooring permit except where the claim or loss arises from the sub- permittee’s damage of the mooring, or out of the sole negligence and/or sole misconduct of a person assigned the mooring as a mooring sub-permittee under subsections (G) and/or (H) of this section; fe. Provide proof of liability insurance on a vessel as may be determined by the City’s Risk Manager; and gf. Provide registration or other proof of controlling possessory right in the assigned vessel, all to the satisfaction of the Harbor Resources Manager;. hg. Agree to pay fair market value rent, as established by resolution of the City Council, on a rent schedule established by the Harbor Resources Manager, which shall be similar to the schedule used to collect rent from other tidelands users in Newport Harbor; and ih. Agree that the mooring permit does not provide any ownership interest in the underlying tidelands, which are held in trust by the City and owned by the people of the State of California. 3. Permittee/Transferee Qualifications. A mooring permit may be held by, or transferred to, only the following persons: a. A natural person(s) holding title to an assigned vessel; b. An executor or administrator carrying out the terms of a will or administering a probated estate that holds a mooring permit, title to an assigned vessel, but only for the period of time prior to distribution of the estate; c. An inter vivos trust, family trust, or other similar type of trust estate holding a mooring permit, title to an assigned vessel so long as all trustors are natural persons and the primary mooring permittee shall be the trustee of the trust; d. An approved transferee whose vessel and/or mooring permit are subject to any of the terms and conditions stated in subsection (E) of this section; 4 e. A marine contractor or marine support service provider, holding a mooring permit title to an assigned vessel used to provide current or ongoing harbor infrastructure and marine or fishing services (such as maintenance and dredging); as authorized under the provisions of a marine activities permit; f. Balboa Island Yacht Club for the purposes of youth education in boating and marine activities; Kerckhoff Marine Laboratories for the purpose of marine and oceanographic research; and American Legion Post 291 for the purpose of serving veterans and their families and supplying them with affordable access to boating and harbor activities; g. The Balboa Yacht Club, Newport Harbor Yacht Club and LICA (collectively “yacht clubs”) and the Lido Isle Community Association—only for those moorings assigned by the City of Newport Beach within certain established mooring areas or locations, prior to the enactment of this amended ordinance codified in this section. These designated mooring areas may not be expanded. The boundaries of these mooring areas are graphically depicted by National Oceanographic and Atmospheric Administration (“NOAA”) Chart Number 18754. Yacht clubs shall be entitled to a maximum number of moorings as can be accommodated in the mooring fields designated in NOAA Chart Number 18754 and at a minimum the current number of moorings assigned to them as of the effective date of the ordinance codified in this section. C. Plans and Specifications Required. No mooring permit shall be issued for placing, erecting, constructing or maintaining a mooring or buoy unless such mooring or buoy is constructed: 1. In accordance with standard plans and specifications approved by the Harbor Resources Manager and at a location approved by the Harbor Resources Manager; or 2. In accordance with other plans and specifications for such mooring or buoy which have been submitted by the applicant, showing the construction of such proposed mooring or buoy together with the location thereof, and which meet the requirements established in this chapter and which have been approved by the Harbor Resources Manager. D. Late Fees. A ten percent (10%) monthly late charge, or the maximum rate allowable under State law, shall be added to all payments due but not received by City by the due date. Unpaid Fees. When the permittee is in arrears for a period of ninety (90) days or more, the Harbor Resources Manager may, at his or her discretion, revoke the permit upon five days’ written notice to the permittee by first class mail to the address shown on the permit. If the mooring is not removed by the permittee within thirty (30) days after cancellation of the permit, then it shall be deemed abandoned and the title thereto shall vest in the City. Mooring permittee may apply for reimbursement for the value of the mooring equipment pursuant to subsection (M) of this section. Commented [TM1]: This is the same late fee as residential piers, see Resolution No. 2015-10. 5 E. Transfer of Permit. No mooring permittee shall transfer a permit for a mooring or buoy granted under the provisions of this chapter, except: 1. When transferred from a natural person to another member of his or her immediate family along with the assigned vessel, which shall be defined for the purposes of this section as the mooring permittee’s spouse and heirs at law to the second degree of consanguinity; or 2. When a natural person has taken title to an assigned vessel already on a mooring, the mooring will be surrendered to the City for auctionassignment pursuant to the interest list under subsection (M) of this section, or that transferee may, upon request and payment of relevant fees, have up to six (6) months from the date of taking title to remain on the mooring while searching for other accommodations for the vessel. The Harbor Resources Department may accommodate the vessel on another mooring subject to availability for up to the six (6) months. After six (6) months, the Harbor Resources Manager or his or her designee shall direct that the vessel be moved off the mooring and that the mooring be auctionedassigned through on the mooring interest list; or 2.3. When transferred to a natural person(s) for the fair market value of the mooring permit, . Aa mooring permit may be transferred under this subsection up to one (1) time in any twelve (12) month period. 3. In cases not reflected in subsections (E)(1) and (2) of this section, a mooring permit may be transferred prior to January 1, 2021, up to two times if the mooring permittee intends to sell or otherwise transfer, or has sold or transferred, ownership of the assigned vessel and does not intend to replace the assigned vessel with another vessel owned by mooring permittee. F. Procedures for Transfers. Permits shall not be transferred without the prior written approval of the Harbor Resources Manager. The Harbor Resources Manager shall approve the transfer of a mooring permit under the procedures set out below: 1. The mooring permittee(s) (or, if the permittee is deceased or incapacitated, the transferee) shall submit to the Harbor Resources Manager: a. A completed mooring transfer form (on the form provided by the Harbor Resources Manager); and b. Documentation that the proposed new mooring permittee (transferee) qualifies as a mooring permittee under subsection (B)(3) of this section. 2. If transferee intends to purchase an assigned vessel but does not have title on the assigned vessel owned by the mooring permittee and transferor at the time of transfer, then: a. Within sixty (60) days of a transfer, transferee shall submit to Harbor Resources Manager a copy of a California Department of Motor Vehicles registration or other current registration (or in lieu thereof, U.S. Coast Guard documentation of 6 ownership) documenting transferee’s ownership of the assigned vessel or, in the case of an on shore mooring, a photograph of the assigned vessel if it is not subject to vessel registration laws; or b. If such documentation is not received by the Harbor Resources Manager within the sixty (60) day period, then the vessel onr the mooring may be impounded, the mooring may be deemed vacant and may be assigned pursuant to subsections (G) and (H) of this section. If the documentation is not received within an additional sixty (60) days, the mooring shall revert back to the City for auctionassignment through the interest list as set out in subsection (M) of this section. 3. If transferee intends to moor a vessel other than the assigned vessel and does not have title to the vessel that will be moored at the time of transfer, then: a. Within sixty (60) days of an approved transfer, the transferee shall notify Harbor Resources Manager that the assigned vessel has been removed from the mooring and before a new vessel may be placed on the mooring shall submit to Harbor Resources Manager a copy of a California Department of Motor Vehicles registration or other current registration (or in lieu thereof, U.S. Coast Guard documentation of ownership) documenting transferee’s ownership of the new assigned vessel, or in the case of a shore mooring, a photograph of the new assigned vessel if it is not subject to vessel registration laws; or b. If the documentation is not received within sixty (60) days of a transfer, the mooring may be deemed vacant and may be assigned pursuant to subsections (G) and (H) of this section. The mooring may remain vacant until such time the permittee notifies the Harbor Resources Manager of their intent to assign their vessel to the mooring.If the documentation is not received within an additional sixty (60) days, the mooring shall revert back to the City for auctionassignment through the interest list as set out in subsection (M) of this section. 4. The transfer request shall be denied unless mooring permit rent, including late payment fees, are isfees are paid current; required mooring inspections are current; required maintenance and repairs are complete and there are no derelict or unauthorized vessel(s) on the mooring. 5. The mooring permittee and transferee shall provide a written agreement to defend and indemnify the City of Newport Beach in any dispute with a third party over transferee’s right to be the mooring permittee or in any dispute with a third party over the mooring permittee’s right to transfer the permit. 6. Transfer Approval. Upon confirmation of compliance with this subsection, the Harbor Resources Manager must find all of the following conditions to approve the transfer of a mooring permit: a. The mooring permittee no longer owns the assigned vessel or has retained ownership of the assigned vessel and has permanently vacated the mooring; 7 b. The specific mooring location has not been previously transferred more than one time between the effective date of the ordinance codified in this section and December 31, 2020; b.c. The transferee has met all the qualifications and conditions for issuance of a permit in subsection (B) of this section; and. c. The transferor has accurately listed the transfer price of the mooring permit on a publicly available website hosted by the City, or on a third-party’s website under contract with the City to host information regarding mooring permit transfers; and d. The transferor or transferee has paid to the City the required transfer fee. 7. The Harbor Resources Manager may approve a one-for-one exchange of moorings between two (2) mooring permittees, subject to compliance with this subsection without any transfer fee imposed by the City. 8. The Harbor Resources Manager may approve the changing of an assigned vessel on the permit, subject to the requirements of subsection (B) of this section, without any transfer fee imposed by the City. G. City’s Authority to Assign Moorings through Use of Sub-Permits. With the exception of the Balboa Yacht Club, the Newport Harbor Yacht Club, and the Lido Isle Community Association’s designated moorings, mooring permittee may not rent, assign, or transfer the use of the mooring to any other person. With the exception of moorings issued to mooring permittees described in subsection (B)(3)(e) of this section, City shall have the authority to assign vacant moorings to sub-permittees pursuant to the following provisions: 1. Deemed Vacant Moorings. City may assign deemed vacant moorings through the issuance of long-term sub-permits at its own discretion. for any period of time up to one (1) year. Long-term sSub-permits may be renewed upon availability. The mooring permittee may reclaim its mooring upon three (3)thirty (30) days prior written notice to City of its intent to return the assigned vessel to the mooring. A “deemed vacant mooring” shall be defined as a mooring upon which: a. An assigned vessel has not been attached for thirty (30) consecutive days or more; or b. A vessel, other than an assigned vessel, has been attached for thirty (30) days or more; or c. Required documentation for an assigned vessel has not been provided for a transfer request pursuant to subsection (E) of this section. 2. Noticed Vacant Moorings. City may assign noticed vacant moorings at its own discretion through the issuance of a mooring sub-permit for any period of time, either 8 long- or short-term, up to the reoccupation date on mooring permittee’s written notice, or the twenty-four (24) hour written notice per subsection (G)(2)(b) of this section. If the mooring continues to be vacant for thirty (30) days past the reoccupation date indicated on mooring permittee’s notice, and there is no further written notice from mooring permittee, the mooring shall become a deemed vacant mooring. a. Mooring permittee may provide written notice to City of its intent to vacate its mooring for fifteen (15) days or more. These moorings shall be “noticed vacant moorings.” Written notice shall include the date the mooring permittee intends to vacate his/her mooring, and the date he/she intends to reoccupy the mooring with the assigned vessel. b. If mooring permittee provides written notice, the mooring permittee may reclaim the assigned mooring on the reoccupation date indicated in his/her written notice or, if the mooring permittee returns prior to or after the reoccupation date, upon twenty- four (24) hours’ written notice to the City. H. Procedures for Mooring Sub-Permit Issuance. Any natural person wishing to use a mooring pursuant to the issuance of a sub-permit must enter into a written mooring sub-permit agreement with the Harbor Resources Department that includes the following: 1. A written representation of the current gross vessel lengthweight which shall be satisfactory to the Harbor Resources Manager. 2. An agreement to be responsible for any damage to mooring equipment;, to defend and indemnify the City of Newport Beach and the mooring permittee against any claims or losses arising out of, or related to, the mooring rental;, and that to requires the mooring sub-permittee to provide proof of insurance as may be determined by the City’s Risk Manager; liability and marine pollution insurance, to require registration or other proof of ownership;, and to require an equipment damage deposit, all to the satisfaction of the Harbor Resources Manager. 3. The repair of any damage to the mooring equipment shall be paid by the mooring sub-permittee. If the mooring is damaged by a vessel assigned by the City, or the City’s agent, the City will arrange for the repair of the mooring with a qualified vendor and provide notice to the permittee of the occurrence and the arranged repair date. Should the sub-permittee fail to pay for the damage for any reason, the City will pay for the required repairs to the mooring, and then seek reimbursement from the sub-permittee. Also, the City will make available a mooring without charge for the returning vessel of the mooring permittee until such time their permitted mooring is repaired. 4. Mooring sub-permittees shall provide approved mooring lines which shall be removed at the end of the rental period. 5. A mooring sub-permit agreement may be up to fifteen (15) days and may terminate at any time for any reason, and may beis renewedable based on availability. Upon return of the assigned vessel to the mooring, the Harbor Resources Department 9 will attempt to reassign the sub-permittee to another mooring. Mooring sub-permittees have no right of renewal or substitute moorings upon return of the assigned vessel, or upon termination of a mooring sub-permit agreement for any reason. Mooring sub- permittees accept an indefinite term at their own risk. 6. The mooring sub-permit rentfee will be based on a rate established by the Newport Beach City Council. and delineated in the master fee schedule resolution. 7. Live-aboards are not permitted on moorings subject to long-term mooring sub-permits. Live-aboards may be temporarily permitted to sub-permittees on moorings subject to short-term sub-permits pending vessel inspection, for a period not to exceed fifteen (15) days in any twelve (12) month period. and subsequent re-inspection per each short-term sub-permit renewal. 8. Short-term sub-permit renewals are not guaranteed and are subject to availability. 9. Mooring sub-permits that are available for thirty (30) days or more shall be first offered to persons on the interest list, as defined below, as a priority. Nonacceptance of such mooring assignments shall not cause such persons to lose their position on the interest list. 89.10. Mooring sub-permits that are available for less than a thirty (30) day period shall be offered to the public on a first-come, first-serve basis. 910.11. Subject to the Harbor Resources Manager’s approval, Aa mooring may be loaned free of charge by the mooring permittee to a vessel other than the assigned vessel for no more than thirty (30) consecutive days; provided, that: a. The mooring permittee provides the Harbor Resources Manager with written notice identifying the vessel that will use the mooring; b. The mooring permittee has not loaned the mooring for more than sixty (60) days in the twelve (12) month period that immediately precedes the commencement of the current mooring loan; and c. The vessel owner requesting a loan has not previously been the recipient of loans for more than ninety (90) days in the previous twelve (12) months. I. Mooring Interest List. 1. The mooring interest list (“interest list”) is the list or lists of natural persons as of the date of the adoption of the ordinance codified in this section, who wish to obtain a mooring permit as permits revert to the City or who wish to be assigned a mooring on a long-term basis from the City through the issuance of a mooring permit or mooring sub- permit. On and after the effective date of the ordinance codified in this section, the interest list(s) shall be maintained for natural persons interested in securing a mooring permit, or being temporarily assigned the use of a deemed vacant or a noticed vacant mooring. 10 2. Any person wishing to be added to the interest list must do so by completing a written application and paying a fee to be established by resolution of the City Council. Any person may be removed from the interest list by producing a written signed notice to the Harbor Resources Manager at any time, requesting to be removed from the interest list. 3. Each even-numbered calendar year, the City shall send one notice to all persons on the interest list requesting confirmation of continued interest and/or updating of contact information. If there is no response to the thirty (30) day notice along with payment of the administrative fee referenced in subsection (I)(4) of this section, then the person shall be removed from the interest list. 4. Each person on the interest list is responsible to keep the City informed of any changes to his or her mailing address or other contact information and must pay a fee for the administrative costs to maintain the interest list to be established by resolution of the City Council. Nonpayment of such fee shall cause the person to be removed from the interest list. 5. Persons on the interest list will be notified of revoked mooring permit or mooring sub-permit or surrendered or abandoned moorings and given the opportunity to receive a mooring permit or sub-permit. IJ. Mooring Permit Transfer Charge. The City shall charge the mooring permittee for the right to transfer a mooring permit under subsection (E) of this section in an amount equal to ten (10)fifty (50) percent of the fair market value mooring permit transfer price.annual permit fee as determined by the master fee schedule. A mooring permit transfer charge shall not be required if: 1. The transfer is from the mooring permittee to the same mooring permittee as trustor of an inter vivos trust, living trust or other similar estate planning tool; or 2. The transfer is made under subsections (F)(7) and (8) of this section. 3. The transfer is made pursuant to Subsection (E)(1) of this section. K. Surrendered Mooring Equipment. If the mooring permittee sells, transfers, or otherwise no longer owns the assigned vessel and does not intend to apply for, or does not receive, approval to transfer the permit to another, the permittee may provide written notice to the Harbor Resources Department of his or her intent to surrender the mooring permit; otherwise the provisions of subsection (G) of this section regarding a vacant mooring shall apply. Once a mooring permit is surrendered, the mooring permittee shall remove the assigned vessel and/or the mooring equipment thirty (30) days after written notice of surrender of the permit, or, upon failure to remove the mooring equipment, title shall vest in the City and the City shall compensate mooring permittee the fair value for the mooring equipment, less fees owed, as provided in subsection (M) of this section. 11 L. Revocation of Permit. 1. Grounds for Revocation. A mooring permit or sub-permit may be revoked upon any of the following grounds set forth in Section 17.70.020 or for any of the following: a. The moored vessel or the mooring equipment has been determined to violate the applicable mooring regulations in Section 17.25.020, and the mooring permittee or sub-permittee has not made the necessary corrections or repairs within the time required; b. The mooring permittee or sub-permittee has failed or refused to allow an inspection of the vessel to determine if it is seaworthy and operable, a public nuisance or in compliance with applicable marine sanitation device requirements; c. Living aboard a vessel assigned to a mooring without a live-aboard permit unless otherwise noted in subsection (G) of this section;. d. When the mooring permittee or sub-permittee fails to pay any mooring rent or fee when due and is in arrears for a period of ninety (90) days or more;. or e. When the mooring permittee has sublet their mooring in violation of this Title 17. 2. Notice and Hearing. In the event the Harbor Resources Manager determines there are grounds to revoke a permit issued pursuant to this chapter, the Harbor Resources Manager shall proceed in the manner described by Section 17.70.020. 3. Upon revocation, it shall be the duty of the mooring permittee to immediately remove the mooring equipment and any moored vessel. If not removed within thirty (30) days of revocation of the permit, the mooring equipment shall vest in the City and may be auctioned by the City to another person or may be removed by the Harbor Resources Manager and the cost of mooring equipment removal shall be paid by the mooring permittee. Any moored vessel or equipment not removed within thirty (30) days may be impounded by the City and disposed of in the manner provided by law. City incurred costs of removal of mooring equipment or any vessel moored thereto may be charged against the permittee and collected in any court of competent jurisdiction or recovered by the City from the proceeds of sale of the vessel or mooring equipment. 4. During any revocation proceeding under this subsection (L), if the mooring is unoccupied, it may be temporarily assigned as a mooring for guest vessels by the Harbor Resources Manager. M. Moorings Reverting Back to City. Should a mooring revert back to the City for any reason, whether through abandonment, surrender, failure to provide documents pursuant to subsection (FE) of this section, or for any other reason, the following shall apply: 12 1. The mooring permittee shall be entitled to recover all of mooring permittee’s mooring equipment within thirty (30) days of reversion. 2. If mooring permittee does not recover his or her mooring equipment, mooring permittee shall be entitled to payment from the City of the fair value of the mooring equipment as depreciated by use in an amount to be determined by the Harbor Resources Manager and as set in the City’s master fee resolution, after any and all past due rent and fee, if applicable, have been satisfied. 3. The mooring mayshall be publicly auctioned by the City, or the City’s designated representative.assigned to an individual from the interest list pursuant to subsection (I) of this section, or the mooring may be used for other City purposes. 4. No mooring that reverts to the City for assignment off of the interest list, or by any other appropriate procedure, shall have any right to a later assignment by a mooring permittee whatsoever. MOORING PERMITS AND OTHER PROVISIONS: FINAL HARBOR COMMISSION REVIEW TO TITLE 17 REVISIONS Harbor Commission February 8, 2017 Abstract •June 16, 2015: City Council directed staff to return with revised rates and Code revisions. •January 2016: City Council approved mooring rates. •February 2017: Commission to review administrative changes and forward to City Council for adoption. Summary of Changes 1.Annual Mooring Permit Rate (completed January 2016) •2016 offshore: $35.00 per foot, per year •2016 onshore: $17.50 per foot, per year •Adjusted annually by CPI •2017 Rate: $17.71 & $35.43 Summary of Changes (cont.) 2.Mooring Transfers Unlimited transfers between private parties. Maximum one transfer per year. 3.Mooring Transfer Fee Council recommended: 10% of fair market value mooring permit transfer price. Note: Verification may be challenging. Harbor Commission previously recommended 100% of annual mooring fee (assuming fee was reduced to $25 which it wasn’t.) Current fee is 50% of annual permit fee. Summary of Changes (cont.) 4.Up to Two Names on Mooring Permit 5.Centralized Location for Posting Sold Moorings During permit transfer process, price will be posted to web listing mooring location, size and price. (NMA maintained website.) Reason? Educates public on market rates for moorings Note: The transfer fee calculation noted in No. 3 above will conflict with intent of this provision. Summary of Changes (cont.) 6.Mooring Transfer Between Family or Trust Allowed – no fee 7.Maximum Number of Mooring Permits Allowed Two permits maximum If more than two permits held before adoption: allowed. Summary of Changes (cont.) 8.City Practice of Renting Moorings to 3rd Parties Allowed 9.Rental Fees No change to current program Summary of Changes (cont.) 10.Frequency of Billing Annual Mooring Permits Staff to refine internal procedure as needed. (No need to codify.) 11.Wait List Abolish. Summary of Changes (cont.) 12.Mooring Revocation If mooring revoked, then City may auction. 13.Insurance Required Yes. For More Information Chris Miller Harbor Manager (949) 644-3043 cmiller@newportbeachca.gov  NEWPORT BEACH Harbor Commission Staff Report  CITY OF  February 8, 2017 Agenda Item No. _3_ TO: HARBOR COMMISSION FROM: Chris Miller, Harbor Manager - 949-644-3043, cmiller@newportbeachca.gov TITLE: Proposed Tidelands Capital Plan and Capital Improvement Program (FY 2017-18): Review ______________________________________________________________________ ABSTRACT: Staff will review the proposed Tidelands Capital Plan and the Capital Improvement Program (FY 2017-18) as it relates to harbor projects. RECOMMENDATION: 1. Receive and File. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. The funding for the individual projects will be evaluated separately by the City Council at later dates. DISCUSSION: Planning for the upcoming fiscal year budget 2017-18 (beginning July 1) is currently underway. The two documents relevant to the Harbor Commission to be discussed this evening are: 1. Tidelands Capital Plan (Attachment A): This plan primarily focuses on harbor infrastructure projects, and outlines the future costs and timelines associated with their maintenance and replacement. The plan mostly consists of public piers, bulkheads and dredging related projects. 2. Capital Improvement Program: The CIP serves as a plan for the provision of public improvements, special projects, on-going maintenance programs, and the implementation of the City’s master plans. The CIP includes several categories of projects including facilities, streets and drainage, transportation, water quality, water, parks and a harbor section which is detailed below. Proposed Tidelands Capital Plan and Capital Improvement Program (FY 2017-18): Review February 8, 2017 Page 2 HARBORS American Legion Bulkhead (construction) $1,000,000 Balboa Island Seawall Cap (North & South Sides) $2,000,000 Balboa Island West End Seawall Replacement (Construction) $4,971,225 Central Avenue Plaza and Street End Improvement $300,000 Central Avenue Public Pier $350,000 Grand Canal Dredging $700,000 Harbor Tide Gauge (Construction) $50,000 Newport Pier Building Platform and Piles $990,000 Abandoned Watercraft Abatement $150,000 Harborwide Dredging (Design Development and Permitting) $500,000 Seawall Extensions at Boat Yards (ordinance) and Street Ends $150,000 Bilge Pump-out Dock (Design & Permitting) $150,000 TOTAL PARKS, HARBORS & BEACHES $13,124,100 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). ATTACHMENTS: Attachment A – Tidelands Capital Plan HA R B O R  CA P I T A L  PR O J E C T  PL A N N I N G 20 1 6 Pr o j N o P r o j e c t C a t e g o r y YR  Bu i l t L a s t  Re f u r b .  Un i t s   Me a s u r e m e n t    To t a l  Un i t s    Un i t  Co s t    Cu r r e n t   Ag e :   Us e f u l   Li f e Ye a r s  to   St a r t Cost  Est. Date  Project  Estimate  FY  Design  Start  YearFY Const  Start  YearFV Cost  Est  @2.5% GrowthNet Proposed  Cost 1A r c h e s  Dr a i n :  Dr y  We a t h e r  Di v e r s i o n D r a i n 2 0 1 6 0 L S 1                                      $2 5 0 , 0 0 0 0 8 0 8 0 M a r ‐16 $ 2 5 0 , 0 0 0 2 0 9 3 2 0 9 6 $ 0 $ 2 5 0 , 0 0 0 2B a l b o a  Ya c h t  Ba s i n  Ma r i n a  (S l i p s ) :  Re p l a c e S l i p s 1 9 8 5 0 S l i p s 1 7 2                            $3 5 , 0 0 0 3 1 4 0 9 M a r ‐16 $ 6 , 0 2 0 , 0 0 0 2 0 2 2 2 0 2 5 $7,518,155 $ 7 , 5 1 8 , 1 5 5 3B u l k h e a d  (A m e r i c a n  Le g i o n ) :  Re p l a c e B u l k h e a d 1 9 5 7 0 L F 3 3 6                            $3 , 8 0 0 5 9 8 0 2 1 M a r ‐16 $ 1 , 2 7 6 , 8 0 0 2 0 3 4 2 0 3 7 $2,144,490 $ 2 , 1 4 4 , 4 9 0 4B u l k h e a d  (B a l b o a  Is l a n d ,  N,  S,  E  & GC ) :   Bo a r d w a l k  & Pe r i m e t e r  Dr a i n a g e  Sy s t e m  on l y   (L i t t l e  Is l a n d  no t  in c l u d e  ~4 2 k  SF ) Bu l k h e a d 0 0 S F 9 2 , 0 0 0                  $2 0 * * 8 0 1 M a r ‐16 $ 1 , 8 4 0 , 0 0 0 2 0 1 4 2 0 1 7 $1,886,000 $ 1 , 8 8 6 , 0 0 0 5B u l k h e a d  (B a l b o a  Is l a n d ,  N,  S,  E  & GC ) :   Re p l a c e  Bu l k h e a d Bu l k h e a d 1 9 3 0 0 L F 7 , 9 0 0                      $3 , 8 0 0 8 6 8 0 9 M a r ‐16 $ 3 0 , 0 2 0 , 0 0 0 2 0 2 2 2 0 2 5 $37,490,866 $ 3 7 , 4 9 0 , 8 6 6 6B u l k h e a d  (B a l b o a  Is l a n d ,  We s t  En d ) :  Re p l a c e   Bu l k h e a d 1 9 3 0 0 L F 1 , 3 0 0                      $3 , 8 0 0 8 6 8 0 1 M a r ‐16 $ 4 , 9 4 0 , 0 0 0 2 0 1 4 2 0 1 7 $5,063,500 $ 5 , 0 6 3 , 5 0 0 7B u l k h e a d  (B a l b o a  Ya c h t  Ba s i n ) :  Re p l a c e B u l k h e a d 1 9 8 5 0 L F 1 , 3 7 0                      $3 , 8 0 0 3 1 8 0 4 9 M a r ‐16 $ 5 , 2 0 6 , 0 0 0 2 0 6 2 2 0 6 5 $17,457,159 $ 1 7 , 4 5 7 , 1 5 9 8B u l k h e a d  (C o r o n a  De l  Ma r ) :  Re p l a c e B u l k h e a d 0 0 L F 1 7 5                            $3 , 8 0 0 * * 8 0 2 9 M a r ‐16 $ 6 6 5 , 0 0 0 2 0 4 2 2 0 4 5 $ 1 , 3 6 0 , 8 6 1 $ 1 , 3 6 0 , 8 6 1 9B u l k h e a d  (M a r i n a  Pa r k ) :  Re p l a c e B u l k h e a d 2 0 1 5 0 L F 8 5 7                            $3 , 8 0 0 1 8 0 7 9 M a r ‐16 $ 3 , 2 5 6 , 6 0 0 2 0 9 2 2 0 9 5 $ 0 $ 3 , 2 5 6 , 6 0 0 10 B u l k h e a d  (P r o m o n t o r y  Ba y ) :  Re p l a c e B u l k h e a d 1 9 6 5 0 L F 1 , 1 5 8                      $3 , 8 0 0 5 1 8 0 2 9 M a r ‐16 $ 4 , 4 0 0 , 4 0 0 2 0 4 2 2 0 4 5 $9,005,011 $ 9 , 0 0 5 , 0 1 1 11 B u l k h e a d  (R h i n e  Ch a n n e l ) :  Re p l a c e B u l k h e a d 1 9 6 0 0 L F 3 7 5                            $3 , 8 0 0 5 6 8 0 2 4 M a r ‐16 $ 1 , 4 2 5 , 0 0 0 2 0 3 7 2 0 4 0 $2,577,434 $ 2 , 5 7 7 , 4 3 4 12 B u l k h e a d  (R h i n e  Wh a r f ) :  Re p l a c e B u l k h e a d 0 0 L F 3 4 3                            $3 , 8 0 0 * * 8 0 3 3 M a r ‐16 $ 1 , 3 0 3 , 4 0 0 2 0 4 6 2 0 4 9 $2,944,186 $ 2 , 9 4 4 , 1 8 6 13 B u l k h e a d  (S t r e e t  En d s  ‐   Pe n i n s u l a ) :  Re p l a c e B u l k h e a d 0 0 L F 2 , 2 1 7                      $3 , 8 0 0 * * 8 0 4 0 M a r ‐16 $ 8 , 4 2 4 , 6 0 0 2 0 5 3 2 0 5 6 $22,620,589 $ 2 2 , 6 2 0 , 5 8 9 14 B u l k h e a d  (W e s t  Ne w p o r t ) :  Re p l a c e B u l k h e a d 0 0 L F 1 , 7 2 2                      $3 , 8 0 0 * * 8 0 2 5 M a r ‐16 $ 6 , 5 4 3 , 6 0 0 2 0 3 8 2 0 4 1 $12,131,469 $ 1 2 , 1 3 1 , 4 6 9 15 B u l k h e a d  Ca p  (A m e r i c a n  Le g i o n ) :  Re p a i r B u l k h e a d 1 9 5 7 0 L F 3 2 8                            $9 0 0 5 9 4 0 1 M a r ‐16 $ 2 9 5 , 2 0 0 2 0 1 4 2 0 1 7 $ 3 0 2 , 5 8 0 $ 3 0 2 , 5 8 0 16 B u l k h e a d  Ca p  (B a l b o a  Is l a n d  N  & S) :  Ex t e n d B u l k h e a d 1 9 3 0 0 L F 7 , 0 0 0                      $9 0 0 8 6 5 0 1 M a r ‐16 $ 6 , 3 0 0 , 0 0 0 2 0 1 4 2 0 1 7 $6,457,500 $ 6 , 4 5 7 , 5 0 0 17 D r e d g i n g  (B a l b o a  Ya c h t  Ba s i n ) : D r e d g i n g 1 9 8 5 0 C Y 2 5 , 6 0 0                  $5 0 3 1 4 0 9 M a r ‐16 $ 1 , 2 8 0 , 0 0 0 2 0 2 2 2 0 2 5 $1,598,545 $ 1 , 5 9 8 , 5 4 5 18 D r e d g i n g  (G r a n d  Ca n a l ) : D r e d g i n g 0 0 C Y 5 , 0 0 0                      $5 0 * * 5 1 M a r ‐16 $ 3 6 1 , 0 0 0 2 0 1 4 2 0 1 7 $ 3 7 0 , 0 2 5 $ 3 7 0 , 0 2 5 19 D r e d g i n g  Eq u i p m e n t :  Di s p o s a l  Sc o w  Pu r c h a s e   (P r o p o s e d ? ) Dr e d g i n g 0 0 E A 2                                      $1 , 0 0 0 , 0 0 0 * * 3 0 2 M a r ‐16 $ 2 , 0 0 0 , 0 0 0 2 0 1 8 2 0 1 8 $2,000,000 $ 2 , 0 0 0 , 0 0 0 20 D r e d g i n g :  Lo w e r  Ba y  (C h a n n e l s  ‐   On g o i n g   Ma i n t e n a n c e ) Dr e d g i n g 0 0 C Y 1 5 0 , 0 0 0              $3 0 * * 7 3 M a r ‐16 $ 4 , 5 0 0 , 0 0 0 2 0 1 6 2 0 1 9 $4,846,008 $ 4 , 8 4 6 , 0 0 8 21 D r e d g i n g :  Ne w p o r t  Is l a n d  Ar e a  (C h a n n e l s ) D r e d g i n g 0 0 C Y 1 5 , 0 0 0                  $5 0 * * 5 0 6 M a r ‐16 $ 7 5 0 , 0 0 0 2 0 1 9 2 0 2 2 $ 8 6 9 , 7 7 0 $ 8 6 9 , 7 7 0 22 D r e d g i n g :  Up p e r  Ba y  (C h a n n e l s  & Ca t c h   Ba s i n s ) Dr e d g i n g 0 0 C Y 6 5 0 , 0 0 0              $3 0 * * 2 0 1 4 M a r ‐16 $ 1 9 , 5 0 0 , 0 0 0 2 0 2 7 2 0 3 0 $27,552,990 $ 2 7 , 5 5 2 , 9 9 0 23 E n t r a n c e  Je t t y :  Ma i n t e n a n c e O t h e r 1 9 3 6 0 L F 3 , 0 0 0                      $1 , 0 0 0 8 0 5 0 2 0 M a r ‐16 $ 3 , 0 0 0 , 0 0 0 2 0 3 3 2 0 3 6 $4,915,849 $ 4 , 9 1 5 , 8 4 9 24 F e r r y  La n d i n g s  (A g a t e  Av e  & Pa l m  St ) :   Re p l a c e ? Ot h e r 0 0 E A 1                                      $0 * * ? M a r ‐16 $ 0 0 0 $ 0 $ 0 25 L o w e r  Ca s t a w a y s :    Bu l k h e a d  On l y B u l k h e a d 0 0 L F 2 6 5                            $3 , 8 0 0 * * 8 0 4 M a r ‐16 $ 1 , 0 0 7 , 0 0 0 2 0 1 7 2 0 2 0 $1,111,540 $ 1 , 1 1 1 , 5 4 0 26 L o w e r  Ca s t a w a y s :  Pa r k  On l y O t h e r 0 0 E A 1                                      $4 , 0 0 0 , 0 0 0 * * ∞ 6Mar ‐16 $ 4 , 0 0 0 , 0 0 0 2 0 1 9 2 0 2 2 $4,638,774 $ 4 , 6 3 8 , 7 7 4 27 M a r i n a  Pa r k  Sl i p s :  Re p l a c e S l i p s 2 0 1 5 0 E A 2 3                                $4 0 , 0 0 0 1 4 0 3 9 M a r ‐16 $ 9 2 0 , 0 0 0 2 0 5 2 2 0 5 5 $ 2 , 4 1 0 , 0 0 9 $ 2 , 4 1 0 , 0 0 9 28 N a v i g a t i o n  Ma r k e r s :  Co n v e r t  Fe d e r a l   St a t i o n a r y  Ma r k e r s  to  Fl o a t s Ot h e r 0 0 L S 1                                      $5 0 , 0 0 0 * * 0 4 M a r ‐16 $ 5 0 , 0 0 0 2 0 1 7 2 0 2 0 $ 5 5 , 1 9 1 $ 5 5 , 1 9 1 29 P u b l i c  Be a c h e s  (L i d o  Is l e  Br i d g e ) :  In s t a l l   Wa l k w a y  to  Be a c h Ot h e r 0 0 E A 1                                      $1 5 0 , 0 0 0 * * ∞ Mar ‐16 $ 1 5 0 , 0 0 0 0 0 $ 0 $ 1 5 0 , 0 0 0 30 P u b l i c  Be a c h e s :  Sa n d  No u r i s h m e n t  (2 5 k   ya r d s ) Ot h e r 2 0 1 6 0 C Y 2 5 , 0 0 0                  $5 0 0 2 5 1 5 M a r ‐16 $ 1 , 2 5 0 , 0 0 0 2 0 2 8 2 0 3 1 $1,810,373 $ 1 , 8 1 0 , 3 7 3 31 P u b l i c  Pi e r  (1 5 t h  St ) :  Fl o a t  on l y P i e r s 0 0 E A 1                                      $5 0 , 0 0 0 * * 2 0 4 M a r ‐16 $ 5 0 , 0 0 0 2 0 1 7 2 0 2 0 $ 5 5 , 1 9 1 $ 5 5 , 1 9 1 32 P u b l i c  Pi e r  (1 5 t h  St ) :  Pi e r  & Ga n g w a y P i e r s 0 0 E A 1                                      $1 1 5 , 0 0 0 * * 2 0 1 8 A p r ‐16 $ 1 1 5 , 0 0 0 2 0 3 1 2 0 3 4 $ 1 7 9 , 3 6 1 $ 1 7 9 , 3 6 1 33 P u b l i c  Pi e r  (1 9 t h  St ) :  Ga n g w a y  & Fl o a t P i e r s 0 0 E A 1                                      $7 5 , 0 0 0 * * 2 0 4 A p r ‐16 $ 7 5 , 0 0 0 2 0 1 7 2 0 2 0 $ 8 2 , 7 8 6 $ 8 2 , 7 8 6 C: \ U s e r s \ c m i l l e r \ D e s k t o p \ H a r b o r  Ca p i t a i l  Pl a n \ 1 7 ‐02 ‐01  Ha r b o r  Ca p i t a l  Pl a n  ‐   DR A F T 1  of  2 Pr o j N o P r o j e c t C a t e g o r y YR  Bu i l t L a s t  Re f u r b .  Un i t s   Me a s u r e m e n t    To t a l  Un i t s    Un i t  Co s t    Cu r r e n t   Ag e :   Us e f u l   Li f e Ye a r s  to   St a r t Cost  Est. Date  Project  Estimate  FY  Design  Start  YearFY Const  Start  YearFV Cost  Est  @2.5% GrowthNet Proposed  Cost 34 P u b l i c  Pi e r  (2 9 t h  St ) :  Ga n g w a y  & Fl o a t P i e r s 0 0 E A 1                                      $1 0 0 , 0 0 0 * * 2 0 1 A p r ‐16 $ 1 0 0 , 0 0 0 2 0 1 4 2 0 1 7 $ 1 0 2 , 5 0 0 $ 1 0 2 , 5 0 0 35 P u b l i c  Pi e r  (B a l b o a  Ma r i n a  We s t ) :  Fl o a t  on l y P i e r s 2 0 1 7 0 E A 1                                      $2 0 0 , 0 0 0 ‐14 0 4 1 A p r ‐16 $ 2 0 0 , 0 0 0 2 0 5 4 2 0 5 7 $ 5 5 0 , 4 3 8 $ 5 5 0 , 4 3 8 36 P u b l i c  Pi e r  (B a l b o a  Ma r i n a  We s t ) :  Ga n g w a y P i e r s 2 0 1 7 0 E A 1                                      $5 0 , 0 0 0 ‐14 0 4 1 A p r ‐16 $ 5 0 , 0 0 0 2 0 5 4 2 0 5 7 $ 1 3 7 , 6 1 0 $ 1 3 7 , 6 1 0 37 P u b l i c  Pi e r  (C e n t r a l  Av e ) :  Fl o a t  on l y   Pi e r s 2 0 1 7 0 E A 1                                      $1 0 0 , 0 0 0 ‐12 0 2 1 A p r ‐16 $ 1 0 0 , 0 0 0 2 0 3 4 2 0 3 7 $ 1 6 7 , 9 5 8 $ 1 6 7 , 9 5 8 38 P u b l i c  Pi e r  (C e n t r a l  Av e ) :  Ga n g w a y P i e r s 2 0 1 7 0 E A 1                                      $4 0 , 0 0 0 ‐14 0 4 1 A p r ‐16 $ 4 0 , 0 0 0 2 0 5 4 2 0 5 7 $ 1 1 0 , 0 8 8 $ 1 1 0 , 0 8 8 39 P u b l i c  Pi e r  (C o r a l  Av e ) :  Ga n g w a y  & Fl o a t P i e r s 1 9 8 5 1 9 8 5 E A 1                                      $7 5 , 0 0 0 3 1 2 0 4 A p r ‐16 $ 7 5 , 0 0 0 2 0 1 7 2 0 2 0 $ 8 2 , 7 8 6 $ 8 2 , 7 8 6 40 P u b l i c  Pi e r  (C o r a l  Av e ) :  Pi e r  on l y P i e r s 1 9 8 5 1 9 8 5 E A 1                                      $7 5 , 0 0 0 3 1 2 0 1 8 A p r ‐16 $ 7 5 , 0 0 0 2 0 3 1 2 0 3 4 $ 1 1 6 , 9 7 4 $ 1 1 6 , 9 7 4 41 P u b l i c  Pi e r  (E m e r a l d  Av e ) :  Ga n g w a y  & Fl o a t P i e r s 1 9 8 6 1 9 8 6 E A 1                                      $7 5 , 0 0 0 3 0 2 0 4 A p r ‐16 $ 7 5 , 0 0 0 2 0 1 7 2 0 2 0 $ 8 2 , 7 8 6 $ 8 2 , 7 8 6 42 P u b l i c  Pi e r  (E m e r a l d  Av e ) :  Pi e r  on l y P i e r s 1 9 8 6 1 9 8 6 E A 1                                      $7 5 , 0 0 0 3 0 2 0 1 8 A p r ‐16 $ 7 5 , 0 0 0 2 0 3 1 2 0 3 4 $ 1 1 6 , 9 7 4 $ 1 1 6 , 9 7 4 43 P u b l i c  Pi e r  (F e r n a n d o  St ) :  Ga n g w a y  & Fl o a t P i e r s 0 0 E A 1                                      $7 5 , 0 0 0 * * 2 0 4 A p r ‐16 $ 7 5 , 0 0 0 2 0 1 7 2 0 2 0 $ 8 2 , 7 8 6 $ 8 2 , 7 8 6 44 P u b l i c  Pi e r  (F e r n a n d o  St ) :  Pi e r  on l y P i e r s 0 0 E A 1                                      $7 5 , 0 0 0 * * 2 0 1 8 A p r ‐16 $ 7 5 , 0 0 0 2 0 3 1 2 0 3 4 $ 1 1 6 , 9 7 4 $ 1 1 6 , 9 7 4 45 P u b l i c  Pi e r  (G r a n d  Ca n a l ,  Ba l b o a  Av e ) :  Pi e r   Pl a t f o r m Pi e r s 2 0 1 2 2 0 1 2 E A 1                                      $1 0 , 0 0 0 4 2 0 2 1 A p r ‐16 $ 1 0 , 0 0 0 2 0 3 4 2 0 3 7 $ 1 6 , 7 9 6 $ 1 6 , 7 9 6 46 P u b l i c  Pi e r  (M  St ) :  Ga n g w a y  & Fl o a t P i e r s 0 0 E A 1                                      $1 0 0 , 0 0 0 * * 2 0 4 A p r ‐16 $ 1 0 0 , 0 0 0 2 0 1 7 2 0 2 0 $ 1 1 0 , 3 8 1 $ 1 1 0 , 3 8 1 47 P u b l i c  Pi e r  (M  St ) :  Pi e r  on l y P i e r s 1 9 8 5 1 9 8 5 E A 1                                      $1 0 0 , 0 0 0 3 1 2 0 1 8 A p r ‐16 $ 1 0 0 , 0 0 0 2 0 3 1 2 0 3 4 $ 1 5 5 , 9 6 6 $ 1 5 5 , 9 6 6 48 P u b l i c  Pi e r  (O p a l  Av e ) :  Ga n g w a y  & Fl o a t P i e r s 0 0 E A 1                                      $7 5 , 0 0 0 * * 2 0 4 A p r ‐16 $ 7 5 , 0 0 0 2 0 1 7 2 0 2 0 $ 8 2 , 7 8 6 $ 8 2 , 7 8 6 49 P u b l i c  Pi e r  (O p a l  Av e ) :  Pi e r  on l y P i e r s 0 0 E A 1                                      $7 5 , 0 0 0 * * 2 0 1 8 A p r ‐16 $ 7 5 , 0 0 0 2 0 3 1 2 0 3 4 $ 1 1 6 , 9 7 4 $ 1 1 6 , 9 7 4 50 P u b l i c  Pi e r  (P a r k  Av e ) :  Ga n g w a y  & Fl o a t P i e r s 0 0 E A 1                                      $7 5 , 0 0 0 * * 2 0 4 A p r ‐16 $ 7 5 , 0 0 0 2 0 1 7 2 0 2 0 $ 8 2 , 7 8 6 $ 8 2 , 7 8 6 51 P u b l i c  Pi e r  (P a r k  Av e ) :  Pi e r  on l y P i e r s 0 0 E A 1                                      $7 5 , 0 0 0 * * 2 0 1 8 A p r ‐16 $ 7 5 , 0 0 0 2 0 3 1 2 0 3 4 $ 1 1 6 , 9 7 4 $ 1 1 6 , 9 7 4 52 P u b l i c  Pi e r  (R h i n e  Ch a n n e l ) :  Fl o a t  on l y P i e r s 2 0 0 7 2 0 0 7 E A 1                                      $1 7 5 , 0 0 0 9 3 0 2 1 A p r ‐16 $ 1 7 5 , 0 0 0 2 0 3 4 2 0 3 7 $ 2 9 3 , 9 2 7 $ 2 9 3 , 9 2 7 53 P u b l i c  Pi e r  (R h i n e  Ch a n n e l ) :  Ga n g w a y  on l y P i e r s 0 0 E A 1                                      $6 0 , 0 0 0 * * 4 0 3 1 A p r ‐16 $ 6 0 , 0 0 0 2 0 4 4 2 0 4 7 $ 1 2 9 , 0 0 0 $ 1 2 9 , 0 0 0 54 P u b l i c  Pi e r  (S a p p h i r e  Av e ) :  Ga n g w a y  & Fl o a t P i e r s 0 0 E A 1                                      $7 5 , 0 0 0 * * 2 0 4 A p r ‐16 $ 7 5 , 0 0 0 2 0 1 7 2 0 2 0 $ 8 2 , 7 8 6 $ 8 2 , 7 8 6 55 P u b l i c  Pi e r  (S a p p h i r e  Av e ) :  Pi e r  on l y P i e r s 0 0 E A 1                                      $7 5 , 0 0 0 * * 2 0 1 8 A p r ‐16 $ 7 5 , 0 0 0 2 0 3 1 2 0 3 4 $ 1 1 6 , 9 7 4 $ 1 1 6 , 9 7 4 56 P u b l i c  Pi e r  (W a s h i n g t o n  St ) :  Ga n g w a y  & Fl o a t P i e r s 0 0 E A 1                                      $7 5 , 0 0 0 * * 2 0 4 A p r ‐16 $ 7 5 , 0 0 0 2 0 1 7 2 0 2 0 $ 8 2 , 7 8 6 $ 8 2 , 7 8 6 57 P u b l i c  Pi e r  (W a s h i n g t o n  St ) :  Pi e r  on l y P i e r s 0 0 E A 1                                      $7 5 , 0 0 0 * * 2 0 1 8 A p r ‐16 $ 7 5 , 0 0 0 2 0 3 1 2 0 3 4 $ 1 1 6 , 9 7 4 $ 1 1 6 , 9 7 4 58 P u b l i c  Sw i m  Fl o a t  (1 0 t h  St ) O t h e r 0 0 E A 1                                      $3 5 , 0 0 0 * * 2 0 4 A p r ‐16 $ 3 5 , 0 0 0 2 0 1 7 2 0 2 0 $ 3 8 , 6 3 3 $ 3 8 , 6 3 3 59 R h i n e  Wh a r f  Bo a r d w a l k :  Ma j o r  Re p a i r O t h e r 0 0 L F 1                                      $1 5 0 , 0 0 0 * * 2 0 1 3 A p r ‐16 $ 1 5 0 , 0 0 0 2 0 2 6 2 0 2 9 $ 2 0 6 , 7 7 7 $ 2 0 6 , 7 7 7 60 T i d e  Ga t e  Va l v e s  (B a l b o a  Is l a n d ) :  Re p l a c e   Ga t e  Va l v e s 0 0 E A 3 4                                $5 0 , 0 0 0 * * 2 5 A p r ‐16 $ 1 , 7 0 0 , 0 0 0 0 0 $ 0 $ 1 , 7 0 0 , 0 0 0 61 T i d e  Ga t e  Va l v e s  (P e n i n s u l a ) :  Re p l a c e G a t e  Va l v e s 0 0 E A 3 9                                $5 0 , 0 0 0 * * 2 5 A p r ‐16 $ 1 , 9 5 0 , 0 0 0 0 0 $ 0 $ 1 , 9 5 0 , 0 0 0 62 V e s s e l  Se w a g e  Pu m p o u t  Fa c i l i t i e s :  Re p l a c e W a t e r  Qu a l i t y 0 0 E A 5                                      $3 0 , 0 0 0 * * 1 0 7 M a y ‐16 $ 1 5 0 , 0 0 0 2 0 2 0 2 0 2 3 $ 1 7 8 , 3 0 3 $ 1 7 8 , 3 0 3 63 W a t e r  Qu a l i t y :  Ci r c u l a t i o n  (N e w p o r t  Is l a n d   Ar e a ) : Wa t e r  Qu a l i t y 0 0 E A 1                                      $0 * * 0 M a y ‐16 $ 0 0 0 $ 0 $ 0 64 W a t e r  Qu a l i t y :  TM D L  Co m p l i a n c e : W a t e r  Qu a l i t y 0 0 L S 1                                      $3 5 0 , 0 0 0 * * O n g o i n g M a y ‐16 $ 3 5 0 , 0 0 0 0 0 $ 0 $ 3 5 0 , 0 0 0 TO T A L $127,494,600 $ 1 8 5 , 0 5 2 , 9 0 9 $ 1 9 2 , 7 0 9 , 5 0 9 C: \ U s e r s \ c m i l l e r \ D e s k t o p \ H a r b o r  Ca p i t a i l  Pl a n \ 1 7 ‐02 ‐01  Ha r b o r  Ca p i t a l  Pl a n  ‐   DR A F T 2  of  2  NEWPORT BEACH Harbor Commission Staff Report  CITY OF  February 8, 2017 Agenda Item No. _4_ TO: HARBOR COMMISSION FROM: Shannon Levin, Harbor Supervisor- 949-644-3041 shannon@newportbeachca.gov TITLE: United States Coast Guard Marker Buoy Repair/Replacement ______________________________________________________________________ ABSTRACT: The U.S. Coast Guard maintains six pile markers in Newport Harbor. However, several of the markers are dilapidated and have become navigational and safety hazards to boaters. In October 2016 City staff toured the harbor with USCG representatives to inspect the existing pile markers and to discuss repair or replacement options that could be either administered by the City, the USCG, or as part of a joint program. Harbor Resources staff solicited bids to implement the program and conduct routine maintenance. In an effort to improve safety and navigation staff requests the Harbor Commission’s input and recommendation on the following: 1) Review the proposed repair/improvement options; and 2) Evaluate funding and maintenance programs to manage the replacement/repair and long-term maintenance of the pile markers. RECOMMENDATION: 1. Provide input to staff. Receive and file. FUNDING REQUIREMENTS: There is no immediate fiscal impact related to this item. Staff solicited bids from local contractors to complete this work. Anticipated construction and materials cost ranges between $40-50,000, and then annual maintenance of $2,500/year. Ultimate costs would be dependent on final negotiation for cost sharing with the USCG. DISCUSSION: The location of the six pile markers is depicted in Attachment 1. The existing pile markers are dilapidated and have become navigational and safety hazards to boaters. In coordination with the USCG in 2010, pile marker #8 was removed and replaced with United States Coast Guard Marker Buoy Repair/Replacement February 8, 2016 Page 2 a new floating buoy after a vessel inadvertently hit the pile marker causing damage to the marker and vessel. Subsequently, in December 2015 a similar accident occurred where a vessel hit pile marker #11 causing damage to the marker and the vessel. In 2016 a floating buoy was installed by the Coast Guard. The pile was struck again in November 2016. The City paid to have the pile removed. Replacing the stationary markers with floating buoys would improve navigation in the harbor by eliminating hazards, would be much more forgiving in the event that a vessel comes into contact with a buoy, and require minimal costs to maintain. The City discussed replacement options with the USCG during a harbor tour in October 2016. There may be an opportunity for the City to take an ownership/responsibility to maintain the buoys once installed, known as PATON (private aids to navigation). The program would include near-term repair/replacement and long-term maintenance, including:  Replace Pile Marker #5 with a floating buoy, and relocate floating buoy to the northwest.  Replace Pile Marker #10 with a floating buoy, and relocate floating buoy closer to the channel.  Replace Pile Marker #6 with a new pile – the pile is in a safe place and is not recommended to be replaced with a floating buoy.  Replace Pile Marker #12 with a floating buoy, and relocate floating buoy closer to the main channel. Pile Marker #11 Marker pile and new floating buoy (pile was damaged in November 2015. Pile Marker #10 United States Coast Guard Marker Buoy Repair/Replacement February 8, 2016 Page 3 Replace with a floating buoy closer to the main channel, avoid disturbance to Pile Marker #8 Pile previously removed and replaced with a floating buoy. Good location, no change. Pile Marker #5 Replace marker pile with floating buoy, and move slightly to the northwest to limit navigational constraints/access to the beach and to the large side-tied vessel to the west. United States Coast Guard Marker Buoy Repair/Replacement February 8, 2016 Page 4 Pile Marker #6 Existing pile is corroded. Location is acceptable and more appropriate for a pile versus a buoy. Pile Marker #12 Pile in ok condition. City preference is to replace with a floating buoy. Next Steps Staff will receive comment from the Commission and develop develop a proposal to the USCG that would request responsibility be granted to the City to implement the program and maintain the pile markers. Agreement with the USCG requires approval from Washington DC headquarters and can take several months – if not longer – and therefore staff recommends proceeding with the program as it can take significant time to obtain regulatory approval, contracting, and construction. Staff will continue to update the Harbor Commission with more detailed costs and schedules as progress is made. ENVIRONMENTAL REVIEW: United States Coast Guard Marker Buoy Repair/Replacement February 8, 2016 Page 5 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). ATTACHMENTS: Attachment A – Navigational and Race Course Markers in the Harbor XW XW XW XW XW XW XW XW XW XW XW XW XW XW XW XW XW XW XW XW XW XW XW XW IS L ELIDO BALBOA ISLA N D PENINSULALIDO NEWP ORTDUNES LINDAISLE ISLANDHARBOR COLLINSISLAND BAYISLAND BALBOAPIER NEWPORT BALBOA BLVD COAST HWY J A M B O R E E R DNEWPORT B L V D BAYSIDE DR A J H C BYCB NHYC D F HP K G Anchorage B Y C B C Y C UCI/OCC P J KM N O Q R W TU V X Y Z 5 4 3 6 8 12 11 10 5 NSB LIYC ALYC NBYC NHYC µ0 0.25 0.5 Miles 8/15/2016 - RaceCourseMarkers.mxd Newport HarborRacecourse Markers XW 5 mph Speed Limit Buoy XW Yellow Spar Buoy XW Navigational Aide Typical Start/Finish Locations Mooring Areas Note: The themes represented on this map are approximate locations and should be treated as such.  NEWPORT BEACH Harbor Commission Staff Report  CITY OF  February 8, 2017 Agenda Item No. _5_ TO: HARBOR COMMISSION FROM: Shannon Levin, Harbor Supervisor- 949-644-3041 shannon@newportbeachca.gov TITLE: Prohibition of Water Propelled Vessels Above the Water Surface in Newport Harbor ______________________________________________________________________ ABSTRACT: Water-propelled vessel activity in Newport Beach (City) peaked in 2014 with multiple commercial operators in Newport Harbor. Only one operator was officially permitted, Jetpack America, which operated from 2009 through 2016. In 2016, Jetpack America closed its Newport Beach business. Now that there are no commercial or private recreational operators in Newport Harbor, staff and the Harbor Commission recommend prohibiting all water-propelled vessels that operate above the water surface in Newport Harbor. RECOMMENDATION: 1. Recommend City Council approve ordinance prohibiting water propelled vessels in Newport Harbor. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: In 2014, the Harbor Commission studied the impacts of vessels propelled above the water surface (Jetpacks) in Newport Harbor. Concerns for safety, noise, and speed of these types of vessels were noted and the City Council met in a Study Session in February 2015. City staff was asked to bring back an Ordinance and Policy that would prohibit all private operations of vessels propelled above the water surface in Newport Harbor but would allow only one operator within the Harbor, as selected by a competitive process. On June 23, 2015, the City Council adopted Ordinance No. 2015-13, which prohibits the operation of vessels propelled by water above the surface of Newport Harbor, unless Prohibition of Water Propelled Vessels Above the Water Surface in Newport Harbor February 8, 2016 Page 2 authorized by City permit. At this meeting, the City Council also adopted City Council Policy H-6, which prohibits personal operation of these vessels and limits commercial operations to a single operator. Council Policy H-6 authorizes the Harbor Resources Manager to issue a single, commercial operator’s permit. In September 2015, staff issued a request for proposals for commercial operation of vessels propelled above the water surface in Newport Harbor as authorized by City Council Policy H-6. The license agreement was awarded to Jetpack America as a condition of the Marine Activities Permit (MAP). Jetpack America’s MAP expired in November 2016, and they subsequently closed Newport Beach operations. During the past year, the Harbor Commission has further review and noted the incompatibility of these operations with the competing uses in Newport Harbor. Staff will present an ordinance for adoption at the February 14, 2017 City Council meeting prohibiting the operation of all vessels propelled above the water surface in Newport Harbor and repealing City Council Policy H-6. 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). ATTACHMENTS: Attachment A – NBMC Redline  NEWPORT BEACH Harbor Commission Staff Report  CITY OF  February 8, 2017 Agenda Item No. _6_ TO: HARBOR COMMISSION FROM: Shannon Levin, Harbor Supervisor- 949-644-3041, shannon@newportbeachca.gov TITLE: Marina Park Update ______________________________________________________________________ ABSTRACT: Staff will provide an update on Marina Park. RECOMMENDATION: 1. Receive and file. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. 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). Ma r i n a P a r k Vi s i t o r ‐ S e r v i n g M a r i n a 12 ‐ M o n t h R e v i e w Sh a n n o n L e v i n Ha r b o r A n a l y s t Ha r b o r R e s o u r c e s D i v i s i o n Ha r b o r C o m m i s s i o n Fe b r u a r y 8 , 2 0 1 7 • Cl a s s e s • Pr e s c h o o l • Sa i l i n g ,  SU P ,  ka y a k s • Li g h t h o u s e  Ba y v i e w  Ca f é • Fa c i l i t y  Re n t a l s • Pa r k  Sh e l t e r  Re n t a l s • Sp e c i a l  Ev e n t s • Ba s k e t b a l l  Co u r t s • Fi t n e s s  Ci r c u i t Oc c u p a n c y 0 10 0 20 0 30 0 40 0 Fe b ‐16 M a r ‐16 A p r ‐16 M a y ‐16 J u n ‐16 J u l ‐16 A u g ‐16 S e p ‐16 O c t ‐16 N o v ‐16 D e c ‐16 J a n ‐17 O C C U P A N C Y 12 ‐Mo n t h  Oc c u p a n c y Fe b r u a r y  20 1 6 ‐Ja n u a r y  20 1 7 Re v e n u e $0 $5 , 0 0 0 $1 0 , 0 0 0 $1 5 , 0 0 0 $2 0 , 0 0 0 M O N T H L Y   S A L E S   12 ‐Mo n t h  Sa l e s  Hi s t o r y Fe b r u a r y  20 1 6 ‐Ja n u a r y  20 1 7 Ad v e r t i s i n g & M a r k e t i n g Pr i n t  an d  di g i t a l  me d i a • In s t a g r a m • Se a  Ma g a z i n e   • Mo n t h l y  ad s • We b • Ne w s l e t t e r • La t i t u d e  38   • Mo n t h l y  ad s • Sp e c i a l  ev e n t s • Th e  Lo g • Ne w s p a p e r ‐ bi w e e k l y   • Sl i p s  Gu i d e • Ha r b o r  Gu i d e Sa i l i n g a n d C r u i s i n g E v e n t s • Sp o n s o r s h i p s • Pr o g r a m  Ad v e r t i s i n g • Ba l b o a  Ya c h t  Cl u b • Co r o n a d o  Ya c h t  Cl u b • N2 E • Ba j a  Ha ‐Ha baja ‐haha.com Ye a r T w o G o a l s & P r i o r i t i e s 1. C u s t o m e r  se r v i c e 2. M a r k e t  to  cr u i s i n g  cl u b s 3. A d v e r t i s e  in  bo a t i n g  pu b l i c a t i o n s 4. A r t i c l e s  in  pa p e r s  an d  ma g a z i n e s 5. I m p r o v e  on ‐li n e  ex p o s u r e 6. S u r v e y s ‐ Ho w  ca n  we  im p r o v e ? Sh a n n o n L e v i n sh a n n o n @ n e w p o r t b e a c h c a . g o v Ha r b o r A n a l y s t Pu b l i c W o r k s D e p a r t m e n t  NEWPORT BEACH Harbor Commission Staff Report  CITY OF  February 8, 2017 Agenda Item No. _7_ TO: HARBOR COMMISSION FROM: Shannon Levin, Harbor Supervisor- 949-644-3041, shannon@newportbeachca.gov TITLE: Stand Up Paddle Boarding Update ______________________________________________________________________ ABSTRACT: Stand up paddling is a popular activity in Newport Harbor. Many companies offer rentals to the public and the sport is equally as popular as a personal watersport. The growing population of paddlers on the water has garnered concern for safety. RECOMMENDATION: 1. Receive and file. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: The Stand Up Paddle Boarding (“SUP”) Ad Hoc Committee invited local businesses and private paddlers to discuss safety and activity in Newport Harbor. Local entrepreneurs and private paddlers attended and provided input on training, safety, and suggestions for educating more users. Staff will work on educational materials to distribute to the SUP rental businesses prior to Summer 2017. 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). 2/8/2017 1 NEWPORT BEACH HARBOR COMMISSION SUP SAFETY AD HOC COMMITTEE PRESENTATION February 8, 2017 Issue •What should the City of Newport Beach do to insure greater safety for the users of stand up paddleboards, (SUP’s), and other human powered vessels? 2/8/2017 2 Approach •Identify the companies renting SUP’s and other human powered vessels in Newport Harbor. •Interview the rental company operators to determine what safety instruction they provide. •Collect anecdotal information from private SUP operators with respect to whether restrictions are needed. •Obtain from industry experts their opinions on SUP safety. Background Information •Navigable waterways in Newport Harbor are under Federal jurisdiction. •Federal Boat Safety Act of 1971 defines a “vessel” as a watercraft that can be used as transportation on the water. •Except when operated within the surf line, SUP‘s, canoes, kayaks, and other human powered craft are legally “vessels” and the operators of these vessels must conform to the Federal laws. •Inland Navigation Rules govern operators of human powered vessels in Newport Harbor. •Those operating SUP’s, canoes, kayaks and other human powered vessels should know the basic rules. 2/8/2017 3 Activities •Ad Hoc Committee was created to study SUP safety in Newport Harbor. •Committee identified twenty (20) rental companies operating in Newport Harbor with permanent addresses. •Committee attempted to survey each of the rental company operators to determine how SUP safety was addressed. While the focus was on SUP rentals, the operators interviewed in many cases also rented motor boats, sail boats, electric boats, kayaks, and other types of boats and vessels. •Committee obtained anecdotal information from private SUP users. Activities •Committee contacted the American Canoe Association which appears to best represent the interest of paddle boarders and other human powered vessels. •Committee contacted industry experts Rob Casey of Salmon Bay Paddle in Seattle, Washington and Ken Williams of Stand Up Rentals in Long Beach, California, to obtain their opinions on SUP safety. Mr. Williams designed the SUP program in Alamitos Bay at the request of the City of Long Beach and operates Stand Up Rentals. •Committee conducted an “interested party” meeting attended by rental company operators, private parties and Mr. Williams. 2/8/2017 4 Rental Company Operators Survey Areas Covered •What is included in the standard rental form? •What, if any, training or instruction is provided? •What verbal, written or video safety information is provided? Findings •Each of the rental company operators interviewed only require a waiver of liability. •Most of the rental company operators interviewed do not offer basic instruction to first time renters or those requiring instruction. •Most of the rental company operators interviewed offer only basic operational and safety tips, the most common of which are “stay to the right of the channel” and “paddle into the wind so that it will be easier to paddle back on your return”. •Only one rental company operator, Newport Fun Tours, presents renters with written safety tips. 2/8/2017 5 Findings •The American Canoe Association publishes a pamphlet titled Rules of the Road What Paddlers Need to Know •Pamphlet contains the type of basic information that vessel operators should know before venturing out onto the water. Findings •Only one rental company operator, Southwind SUP Rentals, has the pamphlet available, however, it is not required reading. •Stand Up Rentals in Alamitos Bay has an instruction and safety program that all prospective renters must complete, including an instructional video about SUP operation and safety and an on-water proficiency test. •Stand Up Rentals has created on-land simulators that are used for instruction. 2/8/2017 6 Conclusions •Stand Up Rentals instruction and safety program is the model of the industry in Southern California. •With the exception of Stand Up Rentals, the rental company operators do not do an adequate job of instructing prospective renters on basic operation and safety of SUP’s and other human powered vessels. Recommendations for Consideration •Update, print and distribute the safety pamphlet prepared by the Harbor Commission in 2013. •Make the safety pamphlet available on the City of Newport Beach website and social media platforms (Facebook and Instagram). •Prepare a SUP safety video and make the same available to rental company operators. •Make the safety video available on the City of Newport Beach website and social media platforms. •Prepare a safety operation sticker that can be affixed to SUPs and make the sticker available to the rental company operators and the general public. 2/8/2017 7 Recommendations for Consideration •Obtain on-land SUP simulators and have the same available at Marina Park. •Create and conduct on a regular basis a SUP safety class at Marina Park. •Create a safety certification program that can be recognized by the rental company operators. •Consider whether some or all of these recommendations should be extended to non-human powered rentals. Recommendations for Consideration •Host an annual meeting for rental company operators at the beginning of the season to discuss safety tips and issues pertinent to the harbor and the rental company industry. •Draft, train and deploy a population of volunteers to act as “harbor marshals” at points of congestion on busy days. 2/8/2017 8 SUP Brochure Outside Cover SUP Brochure Inside Panels 2/8/2017 9 SUP Safety Ad Hoc Committee Presentation