Loading...
HomeMy WebLinkAboutHarbor Commission Agenda - July 12, 2017CITY OF NEWPORT BEACH HARBOR COMMISSION AGENDA Council Chambers - 100 Civic Center Drive, Newport Beach Wednesday, July 12, 2017 - 6:30 PM Harbor Commission Members: Paul Blank, Chair Bill Kenney, Vice Chair Ira Beer, Commissioner Scott Cunningham, Commissioner John Drayton, Commissioner Dave Girling, Commissioner Duncan McIntosh, Commissioner Staff Members: Chris Miller, Harbor Resources Manager Dennis Durgan, Harbormaster 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 Minutes of June 14, 2017 Draft Minutes of June 14, 2017 July 12, 2017 Page 2 Harbor Commission Meeting 6)CURRENT BUSINESS Election of Officers1. The Harbor Commission will elect officers for the 2017-18 year. Recommendation: 1) Elect Chairman 2) Elect Vice Chair 3) Elect Secretary Item 6.1 - Election of Officers 23 Harbor Island Dock Reconfiguration - Appeal2. The applicant at 23 Harbor Island is appealing the Harbor Manager’s decision regarding his proposed dock reconfiguration project. Specifically relating to the distance the finger floats extend out into the bay, the applicant is requesting the floats extend the same distance as in their current configuration which is ten feet beyond the Pierhead Line. Recommendation: 1) The Harbor Commission may reverse the Harbor Manager’s decision and allow the finger floats to extend the same distance beyond the Pierhead Line as in the current configuration. Item 6.2 - Dock Appeal at 23 Harbor Island - HC Staff Report Item 6.2 - Attachment A - Vicinity Map 2121 Bayside Drive - Revised Proposal3. At the May 2017 meeting, the Harbor Commission approved a dock reconfiguration project at 2121 Bayside Drive. However, after the Harbor Commission’s approval, the applicant clarified a misunderstanding with his contractor as to the desired slip length, and requested the fingers be longer than originally approved to accommodate the applicant’s vessel and to prevent damage from the swells near the harbor entrance. Recommendation: 1) Approve the revised proposal for the dock reconfiguration at 2121 Bayside Drive. Item 6.3 - Dock Reconfiguration 2121 Bayside Drive - HC Staff Report Item 6.3 - Attachment A - Vicinity Map Item 6.3 - Attachment B - Revised Proposal for 2121 Bayside Drive July 12, 2017 Page 3 Harbor Commission Meeting Harbor Commission 2017 Objectives: Review and Assign Committee Members to the Commission’s Objectives 4. The Harbor Commission will briefly review the Harbor Commission Objectives, and will reassign committee members as needed. Recommendation: 1) Review Harbor Commission 2017 Objectives, and reassign committee responsibilities as needed. Item 6.4 - HC Objectives - HC Staff Report Item 6.4 - Attachment A - HC Objectives Harbor Commission and City Council Pairings - Abolish5. The Harbor Commission has been asked by the City Manager to abolish the current practice of pairing a Commissioner with a Council Member. Rather than have pre-assigned relationships, the City Manager will establish a standing item on the City Council’s agenda for Chairpersons to provide brief updates to the City Council on their recent activities. Recommendation: 1) The Harbor Commission will abolish their pairings program with City Council Members effective immediately. Item 6.5 - Abolish Council Pairings - HC Staff Report Dredging Status Update: RGP-54 Review and Main Channel Planning6. Staff will provide a status update on the City’s current Regional General Permit 54 (RGP-54) as well as review the long term current planning for the harbor’s main channel dredging. Recommendation: 1) Receive and file. Item 6.6 - Dredging Update - HC Staff Report Visiting Large Vessel Anchorage Fees - Discussion and Direction for the Ad Hoc Committee 7. Over the past few years, a few larger vessels have visited Newport Harbor and have successfully anchored in the Turning Basin adjacent to the temporary, trial anchorage area. Staff has charged these visiting vessels a pro-rated mooring permit fee, and the Harbor Commission has questioned whether a more proportionate fee would be appropriate. Recommendation: 1) Direct the ad hoc committee to return to the Harbor Commission with a recommended fee program by the September 2017 meeting. Item 6.7 - Large Vessel Anchorage Fees - HC Staff Report Item 6.7 - Attachment A - Trial Anchorage Area July 12, 2017 Page 4 Harbor Commission Meeting 7)COMMISSIONER ANNOUNCEMENTS (NON-DISCUSSION ITEM) 8)QUESTIONS AND ANSWERS WITH COUNCIL LIAISON ON HARBOR RELATED ISSUES 9)QUESTIONS AND ANSWERS WITH HARBOR RESOURCES MANAGER ON HARBOR RELATED ISSUES 10)PUBLIC COMMENTS ON 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, August 9, 2017 13)ADJOURNMENT NEWPORT BEACH HARBOR COMMISSION REGULAR MEETING MINUTES Council Chambers – 100 Civic Center Drive Wednesday, June 14, 2017 6:30 PM 1) CALL MEETING TO ORDER The meeting was called to order at 6:30 p.m. 2) ROLL CALL Commissioners: Paul Blank, Chair Dave Girling Bill Kenney Scott Cunningham Duncan McIntosh (absent) Doug West John Drayton Staff Members: Chris Miller, Harbor Resources Manager Debbie Elgas, Public Works Permit Technician City Council Liaison: Mayor Pro Tem Duffield 3) PLEDGE OF ALLEGIANCE –Commissioner Cunningham 4) PUBLIC COMMENTS None. 5) APPROVAL OF MINUTES – May 10, 2017 Chair Blank revised the second line of page 2 to "the Harbor is the largest recreational yacht harbor on the west coast." Commissioner West moved approval of the May 10, 2017, Minutes as corrected. Commissioner Girling seconded the motion. The motion carried with 6 aye, 0 no and 0 abstaining votes. 6) CURRENT BUSINESS 1. Underwater Harbor Cleanup – Recap of June 3, 2017 Event Mr. Mark Ward of the organization Help Your Harbor will provide a recap of their inaugural underwater harbor cleanup event on June 3, 2017. Recommendation: 1) Receive and file. Harbor Resources Manager Miller introduced Mr. Ward. Mark Ward reported regarding the first underwater cleanup of Newport Harbor. About 8 million tons of plastic pollution enters the oceans each year. Micro plastics in the oceans are 1 million times more toxic than the surrounding water. As birds and fish eat the micro plastics, the toxicity advances through the food chain. He and his friends rebuilt a Duffy electric boat and toured with it from Santa Barbara to Ensenada, Mexico, to raise awareness and obtain sponsors for ocean cleanup. Through that trip, he learned that beach cleanups are effective, but there are no harbor cleanups. He and his partners started Help Your Harbor to remove surface trash from harbors. The first Saturday of each month, 30-70 2 volunteers clean up harbors. The total amount of surface trash collected to date is 21,403 pounds. Dana Point has been conducting underwater cleanups for 12 years and Avalon for 33 years. Two hundred twenty-one volunteers collected an estimated 1,100 pounds of trash during the first underwater Newport Harbor cleanup. Help Your Harbor is working with the City’s Water Quality/Coastal Tidelands Committee to build a trash collection device similar to the Baltimore Water Wheel. The turning water wheel conveys trash up a belt into a dumpster. The dumpster is located on a detachable barge so that it can be emptied. Help Your Harbor has raised some private funds for development of this device. The most interesting item found during the cleanup was a handgun in a holster. The Harbor Patrol sent a diver to retrieve the gun. In reply to Commissioner Cunningham's questions, Mr. Ward stated the City does a good job of dredging the main channels; therefore little trash will be found in the channels. The cleanup effort focused on the docks. As far as a location for the water wheel, engineers will determine where it will be located. The engineers and City staff believe a water wheel can work above stream where San Diego Creek enters the Upper Bay. A very rough estimate of the cost for the water wheel is $1.5-$2 million. Donated funds were used to prepare CEQA reports that the City can utilize in applying for Measure M funding. The Baltimore water wheel is 16 feet tall at its highest point. In response to Commissioner Drayton's inquiries, Mr. Ward advised that the Baltimore Water Wheel cost approximately $1.5 million. Because this application is more complicated, the cost estimate is closer to $2 million. Approvals will be obtained from federal, state, county, and City agencies such as the Coastal Commission, County Flood Control, Army Corps of Engineers, and Game and Fish. Commissioner Kenney commended Mr. Ward and Help Your Harbor for their efforts to clean the Harbor. He requested Mr. Ward keep the Harbor Commission apprised of their progress and ask for assistance with entitlements, if needed. In response to Chair Blank's queries, Mr. Ward indicated Harbor Marina is located at Newport Boulevard and PCH. On June 3, volunteers cleaned three fingers at Balboa Bay Club, three fingers at Harbor Marina, two fingers plus some additional area at Duffy's service yard, and the public dock at 15th Street. In order to hold more cleanups, Help Your Harbor needs more volunteers, funding, and donated prizes. Support for the water wheel would be helpful as well. Mayor Pro Tem Duffield encouraged the Harbor Commission to form a subcommittee to work with Staff on the water wheel and on outreach to support the water wheel. The conservancy for the Upper Bay pushed back regarding the water wheel. The Harbor Commission could work with Fuscoe Engineering to learn about the water wheel. Due to engineering challenges, the water wheel will not pick up all the trash during heavy rain events. However, a great deal of trash enters the Harbor during dry water flows, which occur all year. Another trash collection device, located across the Bay from San Diego Creek, will be completed shortly Chair Blank indicated the Harbor Commission would discuss forming a subcommittee. Assistant City Manager Carol Jacobs suggested Public Works staff provide the Harbor Commission with a presentation regarding the water wheel. 2. Mooring Administration in Newport Harbor – Status Update on the City's Plan to Assume Mooring Responsibilities Recommendation: 1) Provide input to staff. Receive and file. Assistant City Manager Jacobs reported she and Public Works staff have been tasked with creating a new Mooring Management Plan within the Harbor. She introduced Dennis Durgan, the City's new Harbormaster. 3 Harbormaster Dennis Durgan advised that he has been working closely with the Orange County Sheriff's Department, Harbor Patrol to transition the mooring management program. Staff will be patrolling the Harbor to match the moored boats to what is on the City’s records. The mooring management office will be located in Marina Park. The Sheriff's Department will continue to enforce laws in the Harbor. Harbor Resources Manager Miller provided an update of the mooring management program. Staff is negotiating contracts with TowBoatUS and Sea Tow for harbor tows and assistance. Mooring permittees will be responsible for boats going awry in the mooring field. Staff will meet with the Newport Mooring Association soon to review rules. Staff will install software to automate the mooring permit process by July 1. Staff is developing a new paper permit and updating forms and administrative tasks to meet new mooring codes, rules, and regulations. The City will have three vessels, a Boston whaler called Harbormaster I, and two low-wake pontoon vessels called Harbormaster II and III. Additional guest/visitor moorings will be installed along the H and J field. Staff is exploring the idea of a sand line-style mooring, which will be a new concept for Newport Beach. These moorings will have larger, brightly painted buoys that will be identifiable at night. Staff continues to learn about the vessel lien and impound process. Small vessels that have been impounded will be stored at the Balboa Yacht Basin and larger vessels at their current location in the mooring field, where available. Outreach has consisted of postcards, which have generated many phone calls and questions. More detailed information will be sent to mooring permittees and waterfront residents. Staff is in the process of hiring Harbor Service Workers who will be on the water. Staff is still exploring hours these workers will be on the water. Mooring customer service is currently being handled by Basin Marine staff currently located at Marina Park. Many people in the City are helping staff with development of the mooring program. Commissioner Kenney related an incident of a collision between two vessels at the Balboa Yacht Club mooring field. There were allegations of the collision being a hit and run, of alcohol being involved, and of a delay in the Harbor Patrol's response. In response to his questions, Assistant City Manager Jacobs reported staff will be trained to take accident reports. The Sheriff's Department will continue to respond to emergencies. The Police Department and Sheriff's Department will work together to resolve hit-and-run accidents and enforcement of laws as necessary. Commissioner Drayton welcomed Mr. Durgan and acknowledged the work performed by the Sheriff's Department in managing moorings. Perhaps at the end of the summer, the Harbor Commission can explore shrinking the size and footprint of mooring fields to make more open water available for recreational uses. In reply to Chair Blank's inquiries, Harbor Resources Manager Miller advised that he did not have a target date to present Harbor Code amendments to the Council, but it could occur in July. If time allows, he will present the amendments to the Harbor Commission. Feedback from the community consisted of general questions with most people wanting to know the new rules for moorings. A Commissioner hoped the speed limit exception for sail racing and human-powered craft will be included in the Harbor Code amendments. Mark Alsobrook, Harbor Patrol, clarified that the Harbor Patrol responded immediately to the incident mentioned by Commissioner Kenney and completed sobriety checks. The Sheriff's Department will continue to respond to that type of scenario. The Sheriff's Department will respond to a vessel collision, including a vessel underway because it typically involves a violation of boating law. The City will respond to a vessel that breaks free of its mooring. Jim Pickell commented regarding Sally Cooper, the Harbor Patrol's mooring administrator of moorings. Her knowledge of moorings is impeccable, and the loss of her expertise and knowledge will result in a serious cost to the mooring community. He recommended that City staff discuss ways to retain her involvement in moorings. The community is aware of and appreciates her knowledge. Jim Mosher remarked that there is a certain element of disarray to the transition of the mooring program and inquired about the agency responsible for enforcement of the harbor speed limit. 4 Chair Blank stated enforcement of the speed limit is the Sheriff's Department's responsibility. 3. West Anchorage Update – Planning for the Future Due to the anticipated lead time to secure regulatory approval for a more permanent solution to the trial West Anchorage area should the Harbor Commission decide to recommend such a program, staff is requesting this topic be discussed so that planning for the future may occur sooner rather than later, if applicable. Recommendation: 1) Review the status of the trial West Anchorage and initiate discussion on a plan going forward, if applicable. Harbor Resources Manager Miller noted this is the third trial of the West Anchorage. He requested the Harbor Commission discuss the West Anchorage in terms of forming a program for 2018. Commissioner West recalled subcommittee comments that, if the anchorage continues to be successful, the subcommittee will likely recommend the anchorage be made permanent on a seasonal basis. One of the features of the anchorage has been to prohibit large-scale raft-ups. Harbor Patrol has been helpful in tabulating the utilization of the anchorage and tracking complaints. The subcommittee based its recommendation to proceed with a third season on the lack of complaints and increasing utilization. Continuing to tabulate utilization and to record complaints will be important. Harbor Resources Manager Miller explained that he requested a discussion of the West Anchorage at the current time because of the lengthy Coast Guard application process. Currently, vessels over 125 feet are charged a prorated mooring fee. The Commission can discuss fees for these large vessels. In reply to Commissioner Girling's question, Harbor Resources Manager Miller indicated the Commission can place the discussion on a future agenda. A Commissioner suggested staff submit an application to the Coast Guard soon and make the application subject to a Council decision in the fall. Chair Blank heard no overt objection to staff proceeding with an application to the Coast Guard. After determining utilization of the anchorage in 2017, the Commission will agendize a discussion in the fall as to whether to recommend the anchorage be made seasonally permanent. There will likely be an agenda item regarding fees for extraordinary vessels seeking temporary mooring permits. Commissioner West advised that, after evaluation of the first two seasons, visits by extraordinary vessels were trouble-free. 7) COMMISSIONER ANNOUNCEMENTS (NON-DISCUSSION ITEMS) Chair Blank reported he and Commissioner Kenney attended the Harbor Summit for charter boat operators, sailing schools, and yacht clubs. Unfortunately, it was not well attended. Attendees suggested ways to increase participation including holding the summit at a different time and on a different day of the week. A Commissioner advised that the Wooden Boat Festival was a success with more than 3,000 people in attendance. 8) QUESTIONS AND ANSWERS WITH COUNCIL LIAISON ON HARBOR RELATED ISSUES Mayor Pro Tem Duffield encouraged the Harbor Commission to form a subcommittee to help him and staff explore creative dredging methods and budgeting for dredging. 5 Commissioner West noted a communication from Harbor Resources Manager Miller that the Commission is to suspend its communications with the Council via established liaison system. He hoped staff will investigate concerns and help the Commission develop a good communication method for the future. 9) QUESTIONS AND ANSWERS WITH HARBOR RESOURCES MANAGER ON HARBOR RELATED ISSUES Harbor Resources Manager Miller expressed appreciation for Commissioner West's work on the Harbor Commission. Commissioner West has been a tremendous asset to the Harbor Commission. Commissioner West thanked the Commission and staff for the opportunity to work with them. It has been a rewarding and remarkable experience. In reply to Commissioner Cunningham's inquiry, Harbor Resources Manager Miller reported all grant funds for the derelict boat program have been expended. The application for a new grant was submitted on time and is under review. In response to Commissioner Kenney's question, Harbor Resources Manager Miller advised that there was nothing to report concerning the City purchasing a dredging scow. The current dredging contractor has quite a few jobs coming up and should be in the Harbor for a number of months. 10) PUBLIC COMMENTS ON SUBCOMMITTEE REPORTS OR QUESTIONS AND ANSWERS WITH COUNCIL LIAISON OR HARBOR RESOURCES MANAGER Jim Mosher remarked that there had been a noticeable change in respect for the Harbor Commission under Commissioner West's tenure as Chair. Mr. Mosher did not make the complaint about the liaison system, and he was baffled by both the complaint and the lack of an explanation for the complaint. Chair Blank concurred with Mr. Mosher's comment regarding Commissioner West. Someone raised a concern about the Commission's liaison system, not a complaint. He did not know what the concern is. 11) MATTERS WHICH COMMISSIONERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON-DISCUSSION ITEM) Chair Blank noted future agenda items of forming a subcommittee for application for Measure M funding for water wheel; a Public Works presentation on the water wheel; forming a subcommittee for dredging; and mooring permit fees for extraordinary vessels. In reply to Commissioner Kenney's query, Chair Blank reported subcommittee assignments will be included on the agenda when the new Commissioner is appointed. Mayor Pro Tem Duffield appreciated Commissioner West making the Harbor Guide both professional and informative. 12) DATE AND TIME FOR NEXT MEETING: Wednesday, July 12, 2017 13) ADJOURNMENT There being no further business to come before the Harbor Commission, the meeting was adjourned at 7:50 p.m.  NEWPORT BEACH   Harbor Commission Staff Report  CITY OF  July 12, 2017 Agenda Item No. _1_ TO: HARBOR COMMISSION FROM: Chris Miller, Harbor Manager - 949-644-3043, cmiller@newportbeachca.gov TITLE: Election of Officers ______________________________________________________________________ ABSTRACT: The Harbor Commission will elect officers for the 2017-18 year. RECOMMENDATION: 1. Elect Chairman. 2. Elect Vice Chair. 3. Elect Secretary. 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).  NEWPORT BEACH   Harbor Commission Staff Report  CITY OF  July 12, 2017 Agenda Item No. _2_ TO: HARBOR COMMISSION FROM: Chris Miller, Harbor Manager - 949-644-3043, cmiller@newportbeachca.gov TITLE: 23 Harbor Island Dock Reconfiguration - Appeal ______________________________________________________________________ ABSTRACT: The applicant at 23 Harbor Island is appealing the Harbor Manager’s decision regarding his proposed dock reconfiguration project. Specifically relating to the distance the finger floats extend out into the bay, the applicant is requesting the floats extend the same distance as in their current configuration which is ten feet beyond the Pierhead Line. RECOMMENDATION: 1. The Harbor Commission may reverse the Harbor Manager’s decision and allow the finger floats to extend the same distance beyond the Pierhead Line as in the current configuration. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: The applicant at 23 Harbor Island is proposing to replace his dock system (pier, gangway and float) in a configuration very similar to existing. Specifically, the applicant proposes to:  Remove the existing 978 square foot U-shaped float.  Replace with a 974 square foot U-shaped float, but enlarging the inside slip space by relocating the west finger.  Removing and replacing the pier, like-for-like. 23 Harbor Island Dock Reconfiguration - Appeal July 12, 2017 Page 2  Removing the gangway from the east finger, and replacing/relocating the gangway to the west finger.  Removing and relocating three guide piles to allow for the wider slip. At issue for the Harbor Commission is the distance the finger floats extend beyond the Pierhead Line. Council Policy H-1 states that piers on Harbor Island will be permitted to extend to the U.S. Pierhead Line, but no further. In this proposal, the applicant desires to extend the floats ten feet beyond the Pierhead Line which is where his current finger floats extend. (See attached Vicinity Map.) To help support the applicant’s case, many other finger floats along this side of Harbor Island extend beyond the Pierhead Line for unknown reasons. Therefore, his request would not be unusual in this part of the harbor. The applicant is appealing the Harbor Manager’s denial which was solely based on Council Policy H-1. 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 – Vicinity Map Attachment B – Current and Proposed Dock Configuration Feet Imagery:2009-2013 photos provided by Eagle Imaging www.eagleaerial.com Every reasonable effort has been made to assure the accuracy of the data provided, however, The City of Newport Beach and its employees and agents disclaim any and all responsibility from or relating to any results obtained in its use. Disclaimer: 7/5/2017 0 833417Newport Beach GIS Feet Imagery:2009-2013 photos provided by Eagle Imaging www.eagleaerial.com Every reasonable effort has been made to assure the accuracy of the data provided, however, The City of Newport Beach and its employees and agents disclaim any and all responsibility from or relating to any results obtained in its use. Disclaimer: 7/5/2017 0 200100Newport Beach GIS  NEWPORT BEACH   Harbor Commission Staff Report  CITY OF  July 12, 2017 Agenda Item No. _3_ TO: HARBOR COMMISSION FROM: Chris Miller, Harbor Manager - 949-644-3043, cmiller@newportbeachca.gov TITLE: 2121 Bayside Drive – Revised Proposal ______________________________________________________________________ ABSTRACT: At the May 2017 meeting, the Harbor Commission approved a dock reconfiguration project at 2121 Bayside Drive. However, after the Harbor Commission’s approval, the applicant clarified a misunderstanding with his contractor as to the desired slip length, and requested the fingers be longer than originally approved to accommodate the applicant’s vessel and to prevent damage from the swells near the harbor entrance. RECOMMENDATION: 1. Approve the revised proposal for the dock reconfiguration at 2121 Bayside Drive. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: The Harbor Commission’s previous approval in May 2017 allowed the applicant to reconfigure his U-shaped float so that the approach into the slip is from the east rather than the west. The permitted finger lengths were 75’ each. However, after the Harbor Commission’s approval, the applicant clarified a misunderstanding with his contractor, and is now requesting a minor variation to the previous approval for 90’ fingers. (See Attachment B.) Because the configuration is not drastically changing, and because the float is parallel to the bulkhead and not encroaching any further out into the channel, staff supports this request. There will still be ample space for ingress and egress for his slip and his neighbors’. Council Policy H-1 requires the Harbor Commission to review and approve permits in this area. 2121 Bayside Drive – Revised Proposal July 12, 2017 Page 2 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 – Vicinity Map Attachment B – Current and Proposed Dock Configuration Feet Imagery:2009-2013 photos provided by Eagle Imaging www.eagleaerial.com Every reasonable effort has been made to assure the accuracy of the data provided, however, The City of Newport Beach and its employees and agents disclaim any and all responsibility from or relating to any results obtained in its use. Disclaimer: 5/4/2017 0 833417 Newport Beach GIS E-MAILED JUN 1S ?ofl MAI\TOUCH MOSHAY.EDI 2L2T BAYSIDE DRIVE (.pil'Tr,tr.'trorl Lrc.f ?llilrlla CORONA DEL MAR, CALIFORNIA SCOPE OFWORK: Increase approved 7o x 30 dock slip to an 85 x 30 dock slip Remove (9) existing steel pipe pile. Install (rr) new steel pipe pile. Reuse ro foot wide gangway landing finger and (3) existing steel pipe pile No work to gangwfly, pier, or approach Page z Manouch Moshayedi zrzr Bayside Drive Corona del Mar. California We were thankful to have received approval from the Harbor Commission at the May zotT meeting for the requested 70 x 30 dock slip at 212r Bayside Drive. In relaying this approval to our client it was brought to our attention his concern for the safety of the dock structure and vessel to be berthed at this location during the weathered months. It appears there was a misunderstanding at the time of our initial communications. Our original proposal of a7o x 3o dock slip was not what Mr. Moshayedi initiallyhad in mind. He is in need of a larger slip to accommodate the vessel intended to be berthed at this location. During the weathered months the south swells, which have direct access to the opening of the harbor, have created much damage to both dock and vessel in this area of Newport Harbor. A means to alleviate any damage is to secure the vessel through ropes in the center of the slip. This reduces the possibility of the vessel rolling with the swells and hitting the dock. The idea is to suspend the vessel in the middle of the dock. Mr. Moshayedi has the intention to berth his boat at 2L2r Bayside Drive year round and so is proposing to make the necessary changes to the existing dock to accommodate the vessel through the harsh winter months. The vessel to be berthed at this location is a 75 foot Jabberwocky motor boat. The beam of this vessel measures zr.5 feet. Our client is requesting a slip size of 85 x 3o. This will allow the vessel to be securely anchored on all sides to alleviate any damage to the structure and to the vessel during the weathered months. Our design to accommodate these needs continues to allow for adequate space between the neighboring docks. And allows for ample egress, ingress, and vessel maneuvering for ztgT Bayside Drive. Please find+lre4ollewingdrawings and information in support of this project appli catio n l{T PCtItr-D issior- 3: Overlat- of appror-ed 7o x Se dsek slip ard proposed doek; is- EXISTINGDOCK Swift Slip Dock & Pier Builders, lnc 642BokerSt, Costo Meso, CA,9262< Phone: {949) 631-3121 Fox: {714) 509-0618 CLIENT: Moshoyedi EN ORAWN.CHECKED.REVISION. 6/19 /17 DATE. AMENDMENTS: IEV:DESCRIPTION:FIY.DATE: SITE: 2121 Boyside Drive, NewPort Beoch The infomation mntained in this dwing is @nfid€nti and proprietary to Swift Slip Dock & Pier BuildeE, lrc- No part of ihis driling may be distdbuted, disdosd ( reprcdu@d in any fom to any third party withod Gr,fr Cri^ n^^L t d6' o'iliaF l^- DOCKAPPRO\IEI) BY OR COMMISSION AT I\{AY zoaT MEETING Swift Slip Dock & Pier Builders, lnc 642 Boker St, Costo Meso, CA,92626 Phone: (949) 631-3121 Fox: (Z'14) 509-06.|8 CLIENT: Moshoyedi EN DRAWN.CHECKED.REVtStON. 3/22/17 DATE. AMENDMENTS: REV:DESCRIPIION:BY:DATE: I Neor Finger Moved 5'Closer csE 716117 S]TE: 2121 Boyside Drive, Newport Beoch Approved Dock t----- II Floating Dock: 1897.5 sq ft. (2) 75 x 8= 1200 sq ft 30 x 5= 150 sq ft, 54.75 x 10 = 547.5 sq fi. Gangway: 84 sq ft. 28'x 3'= 84 sq ft. Pier: 500 sq ff. 14'x 10'= 140 sq ft. 90'x 4'= 360 sq ft. Total Area: 2481.5 sq ft. o o o o u I The infomtion ontained in this dwing is and prcpri€tary to Silift Slip Dck & Pid BuildeE, |rc. of this dEwing may b€ distributed, disclced q Ed in any fom to any third party withod frcm Silift Slip Dock & Pis Builds, lm. PROPOSEDDOCK Swift Slip Dock & Pier Builders, In 642 Boker St, Costo Meso, CA,92626 Phone: (949) 631-3121 Fox: (714) 509-0618 CLIENT: Moshoyedi EN DRAWN.CHECKED.REV|StON. 6/19 /17 DATE. AMENDMENTS: IEV:DESCRIPTION:BY:DATE: SIIE: 21 21 Boyside Drive, Newport Beoch Proposal r------ II I I +ierhead Line.-----a I I I I II I I I I I I Io) 6 o ouI I tI I I I I I I Floating Dock: 2135 sq ft. (2) 90 x 8= 1440 sq ft 30x5=150sqft. 54.5 x 10 = 545 so ft. Gangway:84 sq ft. 28x3=84sqft. Pier: 500 sq ft. 14 x'10 = 140 sq ft. 90x4=360sqft. Total Area: 2714 sqft. o o* ou I It I I Itne infomation ontained in this dwi]€ is mfidentid I and proprietary to switt slip Dock & Pier BuiE€F, Inc. I No part of this drawing may b6 distribubd, disdos€d d I reproduced in any fom to any third party wiuux l@nsent ftom Silift Slip Dock & Pis BuildeE, Inc O\IEMY OF DOCKAPPROVEI) BY OR COMMISSION AI\ID PROPOSED DOCK Swift Slip Dock & Pier Builders, Inc 642 Boker St, Costo Meso, CA, 92626 Phone: (949) 63,|-312,| Fox: (714) 509-06,|8 CUENT: Moshoyedi CSE DRAWN.CHECKED.REVTStON. 7 /6/17 DATE. AMENDMENTS: tEv DESCRIPTION:BY:DATE: Neor Finger Moved 5' Closer csE 7l6lti SlTE: 2121 Boyside Drive, Newport Beoch The infomatim onlained in lhis dEwino is and prcprietary to Svift Slip Dock & Pier Buiue6, Inq No part qf this dEwing may be dist.ibut€d, disdo$d or reprcdu€d in any lom to any third partywilhout @nsenl frcm Swifl Slip Dock & Pier BuildeF. Inq II t6 o @ ApprovedDock ffi Hew Proposal TNGRESS/EGRESS MEASUREMENTS WITIT PROPOSED \TE,SSELTO BE BERTI{ET) ffi U6 azUJozLrJdi"-- -- ---iili//i ////lvi/i 1/i/\itiIil 'lIoi /:iltlilililr--------- T ll lrr/A\ll'lk/i/l\\il t /vt\ \at.t/|\l I llllll|.t\ilt/ilI\\7,frt;r_i, i\; i\r :\i i\i 4 \i r)i\ii\ ii\ ii\:i \ir\l >,,/,/ ,,/,//;;// ,'. ,/ ///.// / \l |Eeii*IEEiEg_ - _ -qO ,fuedord Fpuea!_i-""-'--2oEGo6Uo5€Est o '6 N '6e6 N o o '6 o '6 5U _cOoomtoo)oz C) Lo C)o t/t oco N F-fic\ aEo. N o. -bi;.8 2Io E 6UYoU o zzi,,-a E C) o_ct/lo 14 \oN-NIG Ctt COj- G,\(f) oY- 4a g$ tsbPe+-Y 1 -. -3.s I \ crtRo X$df ,P TNGRESS/EGRESS MEASUREMENTS KGEST\IESSEL PERMITTABLE BASED ON EXISTING ORPOLICY l€ cilE;tcs fiFa aFzLJozbJ#|EAiisIEEF;F-- - _ -q,fu€dord bplqr3_ -i---'--'--\:^ \-2oIEooUo€ EEE;tr iZ E E o '6 '6h@ 9 o'6 @ .Eo '6 o tU _c()oo6Eoo- 3oz C) Lo oo arl o6 N |:Fsc\g N o. -Li>kvo 2 6 EE UY U o G1 Eo o -cat,o u Fts \oN-NSGCtf @ re ia e'SBeg=s3s P sorXo X$uf p  NEWPORT BEACH   Harbor Commission Staff Report  CITY OF  July 12, 2017 Agenda Item No. _4_ TO: HARBOR COMMISSION FROM: Chris Miller, Harbor Manager - 949-644-3043, cmiller@newportbeachca.gov TITLE: Harbor Commission 2017 Objectives: Review and Assign Committee Members to the Commission’s Objectives. ______________________________________________________________________ ABSTRACT: The Harbor Commission will briefly review the Harbor Commission Objectives, and will reassign committee members as needed. RECOMMENDATION: 1. Review Harbor Commission 2017 Objectives, and reassign committee responsibilities as needed. 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). ATTACHMENTS: Attachment A – 2017 Harbor Commission Objectives Newport Harbor Commission Objectives (As Approved by the City Council on January 24, 2017) Calendar Year 2017 (Updated Assignments May 10, 2017) These objectives are intended to support the mission of the Harbor Area Management Plan and the two most essential responsibilities of the Harbor Commission: (1) ensuring the long‐term welfare of Newport Harbor for all residential, recreational, and commercial users; (2) promoting Newport Harbor as a preferred and welcoming destination for visitors and residents alike. These calendar year 2017 objectives are subject to the review and approval of the Commission, and final approval by the Newport Beach City Council. Harbor Commission subcommittees, as established by the Commission, bear principal responsibility for coordinating the Commission’s efforts with Harbor Resources Staff support in achieving these objectives. Ensuring the Long Term Welfare of Newport Harbor 1) Develop standard safety briefing materials and guidelines regarding stand up paddleboards and other human powered craft to be distributed to all public rental outlets in Newport Harbor for their required use in informing all rental customers of the rules and best practices for safe navigation in the harbor. The briefing materials will be reviewed by the Commission before presentation to the City Council for its authorization and any direction regarding the distribution and use of such materials. (Kenney, Blank, Girling,) 2) Secure California Department of Recreation approval for an amendment to the Harbor Code granting an exception to the harbor speed limit for sanctioned sail racing and human powered racing events. With such authorization recommend a Harbor Code amendment to the City Council. (Blank, Drayton, West) 3) Establish a dialogue with representatives of the Harbor Charter Fleet industry to promote best practices for charter boat operations in Newport Harbor with particular attention to vessel specifications, noise 2 and pollution control compliance and long range plans for berthing. (McIntosh, Drayton, Kenney) 4) Support Harbor Resources Division Staff’s presentation of public information on the Regional General Permit 54 and related Newport Harbor Eelgrass Protection and Mitigation Plan. Support Staff in identifying any available means to streamline the permitting process for applicants. (West, Girling, Kenney) 5) Continued support for Harbor Resources Division staff and the Harbor Patrol in their efforts to identify and resolve the ongoing derelict vessels in the harbor. (Cunningham, Drayton) Promoting Newport Harbor as a Preferred and Welcoming Destination 6) Complete the Commission’s evaluation of two seasonal trials of the Turning Basin anchorage and develop a recommendation to the City Council regarding same. Evaluate the public’s suggestion of establishing day moorings off Big Corona beach. (West, Kenney, McIntosh) 7) Collaborate with City Staff in creating a principally web‐based update of The Complete Cruising Guide to Newport Harbor, first published by the Harbor Commission in 2010. (West, Cunningham) 8) Investigate the availability and sufficiency of public launch ramp facilities in the harbor and report findings to the Commission. Present a specific recommendation to the City Council, if appropriate. (Kenney, Girling, Cunningham)  NEWPORT BEACH   Harbor Commission Staff Report  CITY OF  July 12, 2017 Agenda Item No. _5_ TO: HARBOR COMMISSION FROM: Chris Miller, Harbor Manager - 949-644-3043, cmiller@newportbeachca.gov TITLE: Harbor Commission and City Council Pairings – Abolish ______________________________________________________________________ ABSTRACT: The Harbor Commission has been asked by the City Manager to abolish the current practice of pairing a Commissioner with a Council Member. Rather than have pre-assigned relationships, the City Manager will establish a standing item on the City Council’s agenda for Chairpersons to provide brief updates to the City Council on their recent activities. RECOMMENDATION: 1. The Harbor Commission will abolish their pairings program with City Council Members effective immediately. 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).  NEWPORT BEACH   Harbor Commission Staff Report  CITY OF  July 12, 2017 Agenda Item No. _6_ TO: HARBOR COMMISSION FROM: Chris Miller, Harbor Manager - 949-644-3043, cmiller@newportbeachca.gov TITLE: Dredging Status Update: RGP-54 Review and Main Channel Planning ______________________________________________________________________ ABSTRACT: Staff will provide a status update on the City’s current Regional General Permit 54 (RGP-54) as well as review the long term current planning for the harbor’s main channel dredging. 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). 1 Re g i o n a l G e n e r a l P e r m i t 5 4 Ma i n t e n a n c e D r e d g i n g P e r m i t Ha r b o r C o m m i s s i o n Ju l y 1 2 , 2 0 1 7 Ad d i t i o n a l M a t e r i a l s P r e s e n t e d A t M e e t i n g Ha r b o r C o m m i s s i o n - J u l y 1 2 , 2 0 1 7 It e m # 6 . 6 2 RG P 5 4 E l e m e n t s R e v i e w An n u a l m a x i m u m vo l u m e 75 , 0 0 0 c u b i c y a r d s ( c y ) In d i v i d u a l p r o j e c t vo l u m e l i m i t 8, 0 0 0 c y Ma x i m u m d r e d g e d e p t h M a x i m u m o f - 1 0 f t M L L W p l u s 2 f t o v e r d e p t h (1 f t p a i d a n d 1 f t u n p a i d ; b a s e d o n a u t h o r i z e d de p t h o f t h e h a r b o r ) Se d i m e n t t e s t i n g P e r i o d i c h a r b o r - w i d e c h a r a c t e r i z a t i o n (5 y e a r s ) Ee l g r a s s I m p a c t s p e r m i t t e d a n d w i l l b e m i t i g a t e d pu r s u a n t t o t h e C E M P o r N e w p o r t - s p e c i f i c Ee l g r a s s P l a n 3 RG P 5 4 A p p l i c a t i o n P r o c e s s i n g T i m e l i n e 4 • 20 1 6 : C i t y p r o c e s s e d m o r e t h a n 4 7 a p p l i c a t i o n s – 24 o p e n - o c e a n d i s p o s a l – 23 b e a c h n o u r i s h m e n t – Ee l g r a s s i m p a c t a l l o w a n c e r e a c h e d ( < 1 a c r e ) • 20 1 7 : C i t y p r o c e s s e d m o r e t h a n 1 9 a p p l i c a t i o n s – 14 o p e n o c e a n - d i s p o s a l – 5 b e a c h n o u r i s h m e n t – Ee l g r a s s i m p a c t a l l o w a n c e r e a c h e d ( a p p r o x . 1 a c r e ) RG P 5 4 P r o g r a m t o D a t e 5 • Bi - a n n u a l E e l g r a s s S u r v e y c o m p l e t e d s u m m e r 2 0 1 6 (n e x t s u r v e y s u m m e r 2 0 1 8 ) • Re c e n t a g e n c y a p p r o v a l f o r h a r b o r w i d e s e d i m e n t sa m p l i n g – Re q u i r e d e v e r y 5 y e a r s – Fi e l d w o r k t o c o m m e n c e l a t e s u m m e r 2 0 1 7 RG P 5 4 P r o g r a m t o D a t e ( c o n t i n u e d ) 6 Bi a n n u a l S u r v e y s Su r v e y Y e a r s R G P - 5 4 A r e a H a r b o r w i d e 20 0 3 – 2 0 0 4 2 4 . 5 1 a c r e s O n l y R G P 5 4 a r e a s u r v e y e d 20 0 6 – 2 0 0 7 1 8 . 8 7 a c r e s O n l y R G P 5 4 a r e a s u r v e y e d 20 0 8 – 2 0 1 0 1 6 . 2 a c r e s 6 5 . 6 a c r e s 20 1 2 – 2 0 1 4 2 2 . 7 6 a c r e s 8 8 . 3 a c r e s 20 1 6 2 6 . 9 6 a c r e s 1 0 4 . 5 a c r e s 7 Ma i n F e d e r a l C h a n n e l D r e d g i n g St r a t e g y a n d S t a t u s U p d a t e 8 20 1 6 U S A C E H a r b o r w i d e B a t h y m e t r y S u r v e y 9 Ha r b o r W i d e D r e d g i n g O b j e c t i v e s a n d T i m e l i n e 10 Qu e s t i o n s ?  NEWPORT BEACH   Harbor Commission Staff Report  CITY OF  July 12, 2017 Agenda Item No. _7_ TO: HARBOR COMMISSION FROM: Chris Miller, Harbor Manager - 949-644-3043, cmiller@newportbeachca.gov TITLE: Visiting Large Vessel Anchorage Fees – Discussion and Direction for the Ad Hoc Committee ______________________________________________________________________ ABSTRACT: Over the past few years, a few larger vessels have visited Newport Harbor and have successfully anchored in the Turning Basin adjacent to the temporary, trial anchorage area. Staff has charged these visiting vessels a pro-rated mooring permit fee, and the Harbor Commission has questioned whether a more proportionate fee would be appropriate. RECOMMENDATION: 1. Direct the ad hoc committee to return to the Harbor Commission with a recommended fee program by the September 2017 meeting. 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). ATTACHMENTS: Attachment A – Approved Trial Anchorage and Visiting Large Boat Area 58 ft. 90 ft. L a r g e V e s s e l A r e a 3 2 5 f t . 3 0 0 f t . 2 5 5 f t . 250 ft. D C A B Z Marker I 0 200100Feet Trial Anchorage Council Approved May 2016 Trial_Anchorage_May2016.mxd Anchorage Buoys A: 33.6188, -117.9266 B: 33.6191, -117.9262 C: 33.6184, -117.9247 D: 33.6174, -117.9257 Z Marker: 33.6177, -117.9247 T U R N I N G B A S I N Ha r b o r M a n a g e r ’ s U p d a t e 1 Ha r b o r C o m m i s s i o n Ju l y 1 2 , 2 0 1 7 Ad d i t i o n a l M a t e r i a l s P r e s e n t e d A t M e e t i n g Ha r b o r C o m m i s s i o n - J u l y 1 2 , 2 0 1 7 It e m # 9 2 3 4 5