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Home My WebLink AboutHarbor Commission Agenda - August 9, 2017CITY OF NEWPORT BEACH HARBOR COMMISSION AGENDA Council Chambers – 100 Civic Center Drive Wednesday, August 9, 2017 - 6:30 PM Harbor Commission Members: Bill Kenney, Chair Dave Girling, Vice Chair Ira Beer, Commissioner Paul Blank, Commissioner Scott Cunningham, Commissioner John Drayton, Commissioner Duncan McIntosh, Commissioner Staff Members: Chris Miller, Harbor Resources Manager Dennis Durgan, Harbormaster 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 July 12, 2017 Item 5 - HC Minutes July August 9, 2017 Page 2 Harbor Commission Meeting 6)CURRENT BUSINESS Harbor Commission and City Council Member Pairings1. This item was previously considered by the Harbor Commission at its July 2017 meeting. The City Manager has asked for this item to be considered again to allow for further staff explanation. In summary, the City Manager desires to establish uniformity in the way in which individual Harbor Commissioners interact with members of the City Council by asking the Harbor Commission to terminate its practice of formally pairing commissioners with City Council Members. Recommendation: 1) Terminate the practice of formerly pairing an individual Harbor Commissioner with a City Council Member. 2) Find this action exempt from 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. Item 6.1 - Abolish Council Pairings Staff Report 23 Harbor Island Dock Reconfiguration - Appeal (Continued Item from July 12, 2017) 2. 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. Recommendation: 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. Item 6.2 - Dock Appeal at 23 Harbor Island Staff Report Item 6.2 - Attachment A - Vicinity Map Item 6.2 - Attachment B - Current and Proposed Configuration Mooring Administration in Newport Harbor - Harbormaster Report3. City Harbormaster, Dennis Durgan, will provide a status update on the new mooring administration program as well as general harbor operations. Recommendation: 1) Receive and file. Item 6.3 - Mooring Administration Staff Report August 9, 2017 Page 3 Harbor Commission Meeting Harbor Commission Objectives - Update Objective No. 44. Harbor Commission Objective No. 4 describes the Commission’s goal of supporting the City’s Regional General Permit 54 for nearshore dredging as well as the City’s eelgrass program, and for identifying any available means to streamline that permitting process. At the June 2017 meeting, the Commission also expressed a desire to include the topic of deep-water channel dredging to his same Objective. Recommendation: 1) The Harbor Commission may consider adding deep-water channel dredging to the Commission’s Objective No. 4. Item 6.4 - Objectives to Include Channel Dredging Staff Report Item 6.4 - Attachment A - HC Objectives 7)COMMISSIONER ANNOUNCEMENTS (NON-DISCUSSION ITEM) 8)QUESTIONS AND ANSWERS WITH HARBOR RESOURCES MANAGER ON HARBOR RELATED ISSUES 9)PUBLIC COMMENTS ON SUBCOMMITTEE REPORTS OR QUESTIONS AND ANSWERS WITH HARBOR RESOURCES MANAGER 10)MATTERS WHICH COMMISSIONERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON-DISCUSSION ITEM) 11)DATE AND TIME FOR NEXT MEETING: Wednesday, September 13, 2017, 6:45 (Note later start time.) 12)ADJOURNMENT NEWPORT BEACH HARBOR COMMISSION REGULAR MEETING MINUTES Council Chambers – 100 Civic Center Drive Wednesday, July 12, 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 John Drayton Duncan McIntosh (absent) Scott Cunningham Ira Beer Staff Members: Chris Miller, Harbor Resources Manager Dennis Durgan, Harbormaster 3) PLEDGE OF ALLEGIANCE –Lieutenant Alsobrook Chair Blank welcomed Commissioner Beer to the Harbor Commission. 4) PUBLIC COMMENTS None. 5) APPROVAL OF MINUTES – June 14, 2017 Chair Blank replaced "a Commissioner" with "Commissioner West" in the sixth paragraph of page 3 and the sixth and tenth paragraphs of page 4. In response to Chair Blank's inquiry, Harbor Resources Manager Miller clarified "many people" in the last sentence of the second paragraph on page 3 as being both staff and members of the community. Chair Blank wished to acknowledge those who provided assistance. Harbor Resources Manager Miller suggested recognizing members of the public at the next meeting. Commissioner Kenney moved approval of the draft Minutes for the June 14, 2017, meeting as corrected. Commissioner Girling seconded the motion. The motion carried with 5 aye, 0 no and 1 abstaining (Beer) vote. 6) CURRENT BUSINESS 1. Election of Officers The Harbor Commission will elect officers for the 2017-18 year. Recommendation: 1) Elect Chairman 2) Elect Vice Chair 3) Elect Secretary Commissioner Girling nominated Commissioner Kenney for the office of Chairman. Commissioner Cunningham seconded the nomination. The nomination carried with 5 aye, 0 no, and 1 abstaining vote. 2 Commissioner Blank nominated Commissioner Girling for the office of Vice Chair. Commissioner Drayton seconded the nomination. The nomination carried with 5 aye, 0 no, and 1 abstaining vote. Commissioner Girling nominated Commissioner Cunningham for the office of Secretary. Commissioner Beer seconded the nomination. The nomination carried with 5 aye, 0 no, and 1 abstaining vote. 2. 23 Harbor Island Dock Reconfiguration - Appeal 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 into the bay, the applicant is requesting the floats extend the same distance as in their current configuration which is 10 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. Harbor Resources Manager Miller reported that Council Policy H-1 defines the distance docks can extend into the water. In this case, docks are allowed to extend to the Pierhead Line between Bulkhead Station 145 and Bulkhead Station 143. For purposes of the meeting, Commissioners are considering only the request for the dock to extend beyond the Pierhead Line the same distance that it currently extends. The dock will have the same general configuration. City records do not contain any substantial proof as to how or why neighboring docks were built beyond the Pierhead Line. Commissioner Blank advised that he did not recall a situation similar to this, where the prolongation of property lines is not an issue. In this instance, the decision is whether the existing extension beyond the Pierhead Line is permissible or whether the Commission should draw a line and indicate extension beyond the line is not permissible. In response to Vice Chair Girling's question, Harbor Resources Manager Miller indicated staff has not received any feedback from the community. In years past, he has processed a small handful of similar situations. In the past, the Harbor Commission evaluated each circumstance individually, looked at how big the channel was, and the impact to the neighboring community. The Commission has allowed docks to extend past the Pierhead Line if there was good reason or existing conditions supported an extension. The Harbor Commission's decision can be appealed to the City Council, and the appeal must be filed within 2 or 3 weeks of the decision. The Commission discussed the effect of minor dock repair work versus a dock reconfiguration project. By approving this request, the Commission could be giving implicit approval for other homeowners to reconfigure docks that extend further than the Pierhead Line, or for homeowners to expect that they can extend their docks as well. This is a policy decision that the Commission needs to consider. By widening the space inside the slip, the applicant can have a larger boat. There has to be a reason that so many other docks extend beyond the line. The Coastal Commission applies the term “predominant line of development” when it considers development permits for a property or structure that extends to the predominant line of development. Pete Swift of Swift Slip Pier and Dock Builders, on behalf of the applicant, advised that the dock was rebuilt in 1985 in the current configuration. The property owner desires to widen the dock and was under the impression the dock was permitted at its current length. In reply to Commissioners' questions, Mr. Swift reported the existing dock was permitted as it currently exists. Mr. Swift was not aware of any other dock construction projects. In response to Commissioner Drayton's query, homeowner Todd Pickup stated he had a certain vessel in mind for the slip as proposed. He did not want the dock to encroach further into the Harbor. 3 In reply to Chair Kenney's inquiries, Harbor Resources Manager Miller explained that a dock repair would not require the consent of the Harbor Commission, but reconstructing the dock would require Harbor Commission consent. Vice Chair Girling wished to continue the item and seek additional information. Harbor Resources Manager Miller reported staff thoroughly reviewed the files and found nothing conclusive for any of the neighbors on either side of the proposed project. There did not appear to be any information to discover. A Commissioner stated there is a distinct difference between reconfiguring the dock at the same length it is now versus an adjacent owner wishing to extend his pier. There is a very open area behind the dock, so it appears nothing would be impeded. Harbor Resources Manager Miller remarked that there were good reasons for the policies in many areas of the Harbor, but in some areas of the Harbor the policies do not appear to be logical. Vice Chair Girling suggested the Commission consider a policy change because the policy is not fair and consistent. It appears no one will be negatively impacted if a dock extends 5-15 feet past the Pierhead Line. He would not feel comfortable extending an exception to one homeowner and not the others. Chair Kenney inquired whether the Commission wishes to form a subcommittee to study the Harbor Policies; however, the Commission needs to make a decision in this case first. Harbor Resources Manager Miller recalled that the Harbor Commission had in the past voted to allow an extension beyond the Pierhead Line and limit the amount a vessel can overhang. In reply to Commissioners' queries, Mr. Pickup indicated the boat he wanted to purchase was 92 feet, but the slip is designed for a narrower vessel. If he could move the dock 5 feet to the right, it would be within his property line limits and configured for such a vessel. Because all the docks are aligned, it would look strange if his dock is shorter than the others. Mr. Pickup advised that eelgrass on the shoreline prevented him from pulling the dock closer to the bulkhead. Commissioner Blank moved to approve the proposal. Commissioner Kenney seconded the motion. Commissioner Cunningham requested an amendment to the motion to continue the item to the next Harbor Commission meeting to allow review of the policy. Commissioner Blank did not accept the amendment. The motion failed with 6 aye, 0 no and 0 abstaining votes. Commissioner Girling moved to continue the item to the next Harbor Commission meeting. Commissioner Drayton seconded the motion. Mr. Swift asked if the applicant could provide information for the Harbor Commission to consider. Harbor Resources Manager Miller suggested he be the conduit for information between the public and Commissioners. He agreed to look into the process for changing Harbor Policies but questioned whether the Council would want the Harbor Commission to recommend policy changes. In response to a Commissioner's question, Harbor Resources Manager Miller indicated he would include any information from Swift Slip in the packet for the next meeting. Jim Mosher clarified Parliamentary procedure for voting on two motions. The motion carried with 6 aye, 0 no, and 0 abstaining votes. 4 3. 2121 Bayside Drive – Revised Proposal 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. Harbor Resources Manager Miller reported this item was brought to the Harbor Commission because Council policy states that any dock reconfiguration in this part of the Harbor should be approved by the Harbor Commission. The applicant is requesting a slight variation to make the dock a bit longer. The dock would be longer on the side parallel to the bulkhead. In the appeal, the longer side was perpendicular to the bulkhead. One could argue that this proposal has a minimal or no impact. Harbor Resources Manager Miller showed various diagrams of ingress and egress. In reply to Commissioner Blank's question, Harbor Resources Manger Miller advised that staff had not received any communication from neighbors. Pete Swift remarked that he made a mistake and did not realize the true size of the vessel. The change does not affect ingress or egress for the neighbors. Commissioner Blank moved to approve the revised proposal. Commissioner Girling seconded the motion. The motion carried with 6 aye, 0 no, and 0 abstaining votes. 4. Harbor Commission 2017 Objectives: Review and Assign Committee Members to the Commission's Objectives 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. Chair Kenney reported no change in assignments for Objectives 1, 3, and 8 subcommittees. Commissioner Beer volunteered for Objectives 2, 4, and 6 subcommittees. Vice Chair Girling volunteered to Chair the Objective 4 subcommittee. Commissioner Drayton agreed to Chair the Objective 5 subcommittee. In reply to a Commissioner's inquiry, Harbor Resources Manager Miller reported the Harbor Guide is now outdated with the implementation of the City's Harbormaster Office. Staff is currently adding the map to the website. He suggested the subcommittee for Objective 7 begin thinking about updating the guide. Commissioner Cunningham agreed to Chair the Objective 7 subcommittee. In response to a Commissioner's inquiry, Chair Kenney advised that there is a process for proposing new Objectives, but the City Council approves the Objectives. The Commission may form an ad hoc committee to study items not on the list of Objectives. Harbor Resources Manager Miller noted the Commission will review the Objectives in September and provide status updates. Staff can agendize new topics for discussion in the next few months. 5 Commissioner Blank moved to amend the assignments to subcommittees for 2017 Objectives as noted in the discussion. Commissioner Cunningham seconded the motion. The motion carried with 6 aye, 0 no, and 0 abstaining votes. 5. Harbor Commission and City Council Pairings – Abolish 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. Harbor Resources Manager Miller reported that the Harbor Commission will no longer have a City Council liaison. As an alternative, the City Manager will schedule agenda items for boards and commission to report to the City Council. Chair Kenney added that the City Manager directed Commissioners not to communicate directly with their assigned Council Members. In reply to Vice Chair Girling's inquiry, Harbor Resources Manager Miller clarified that Commissioners cannot have a formal relationship with City Council Members. Commissioners should contact the City Attorney's Office to clarify whether they can contact Council Members. Chair Kenney moved to abolish the liaison assignments with City Council Members effective immediately. Commissioner Drayton seconded the motion. The motion failed with 1 aye, 5 no, and 0 abstaining votes. Harbor Resources Manager Miller indicated he would report the vote to the City Attorney's Office. 6. Dredging Status Update: RGP-54 Review and Main Channel Planning 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. Harbor Resources Manager Miller reported that the RGP-54 program has a maximum limit of 75,000 cubic yards. RGP-54 is only for near-shore, residential or commercial dredging in front of slips. Each individual project can dredge up to 8,000 cubic yards. The depth is minus 10 plus 2 feet of over-depth which is an improvement over the past 30 years or so of this permit where the maximum depth was minus 7 plus 1 foot of over-depth. There are a few areas of the Harbor where the limit is minus 7 plus 1 foot of over depth. Every five years, staff conducts sediment testing in the Harbor, and the testing will occur in 2017. Results of the sediment testing determines where and how deep dredging can occur. The eelgrass program for the first time allows impacts to eelgrass for dredging only. In 2016, the City processed more than 47 dredging applications which is a large increase over one or two applications. To date, staff has processed more than 19 applications. The City has already reached the maximum allowable eelgrass impact. Staff needs to know the amount of eelgrass in the Harbor in order to calculate the maximum allowable impact. Next survey will occur in the summer of 2018. In 2003, the Harbor contained 24.51 acres of eelgrass. Eelgrass decreased significantly in 2006 and even more in 2008. In 2012, eelgrass made a comeback to almost 23 acres. In 2016, the Harbor contained almost 27 acres of eelgrass. There are 104 acres of eelgrass Harbor- wide, including the deep channel. Most of the eelgrass is located in the entrance channel. In reply to Commissioners' queries, Harbor Resources Manager Miller indicated the City did not have a specific number goal for eelgrass. The more eelgrass in the Harbor, the more that can be impacted. The current maximum allowable impact is 1.05 acres of eelgrass. Weather is one factor in eelgrass growth. Ownership of tidelands is not considered in calculations. Staff is working with the Corps of Engineers on a 6 plan for dredging the main channel of the Lower Bay. Harbor Resources Manager Miller will seek Council approval of sediment testing in the main channel. 7. Visiting Large Vessel Anchorage Fees – Discussion and Direction for the Ad Hoc Committee Recommendation: 1) Direct the ad hoc committee to return to the Harbor Commission with a recommended fee program by the September 2017 meeting. Chair Kenney recalled that Commissioner McIntosh and he agreed to study a fee program. Harbor Resources Manager Miller reported the Commission should give direction or guidance to the ad hoc committee so it might provide the Harbor Commission with a recommendation for a fee program. He has been charging large vessels the annual mooring permit fee prorated on a daily basis. The Finance Department recommended the Harbor Commission ad hoc subcommittee make a recommendation around September so that a fee, if approved, can be included in the Municipal Fee Schedule which the Finance Committee will consider in the fall. In response to Chair Kenney's question, Harbor Resources Manager Miller indicated the mooring fee for offshore moorings is $35.43 per foot per year. The mooring fee for the Invictus was approximately $17 per day. Vice Chair Girling suggested the ad hoc committee look at fees charged in other harbors as well as the amenities provided. Other harbors would charge much more than $21 a day for the Invictus. Commissioner Drayton felt the City receives a positive benefit from allowing large visiting vessels in the Harbor, but a finite number of 200-foot vessels can fit in the Harbor. Commissioner Blank suggested the subcommittee look at Avalon Harbor. If the City is going to charge a fee, then the fee has to be associated with a cost basis. The fee cannot be excessive to the cost. Large vessels do pose an administrative challenge. In reply to Chair Kenney's questions, Harbor Resources Manager Miller remarked that fee studies do not occur overnight. A fee study could be conducted by staff or staff can approximate costs. He suggested the subcommittee look at facilities up and down the coast of California. He urged the subcommittee to return in September with a recommendation for the Harbor Commission to consider. 7) COMMISSIONER ANNOUNCEMENTS (NON-DISCUSSION ITEMS) Commissioner Blank announced that the 51st annual Governor's Cup is scheduled for Newport Harbor the following week. The World Youth Match Racing Championships will be held in Newport Harbor on September 27. Vice Chair Girling noted Little Island Bridge will open on July 25 with a ceremony at 4:00. 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 noted the City accepted the Harbormaster role on July 1. Harbormaster Durgan reported a very busy 4th of July weekend. Over 3,000 boats were in the Harbor on July 4th. Clean up began on July 5th. Because the speed limit seems to have increased over the years, staff is trying to enforce the markings on buoys. He is concerned about standup paddle boarders in the 7 Harbor and suggested an educational program for both individuals and rental companies. Lido Isle Bridge was a major problem with bridge jumpers over the holiday. He wanted to post someone at bridges on busy weekends. Sixty moorings had been rented to date. Staff completed a physical review of Mooring Fields A, B and C and will compare the physical review with data from the County to have an accurate record of all moorings. Staff is working with Chuck South to develop a visitor mooring containing six 60-foot moorings and one 80-foot mooring. The nightly fee will be $27. He invited Commissioners to tour the mooring fields in the City's Whaler. In response to Commissioner Blank's inquiry, Harbor Resources Manager Miller advised that the City Council approved the contract for the Central Avenue Pier project. Construction should begin in late July or early August and be finished in about two months. The Central Avenue street project is at the 95 percent design stage, and hopefully construction will begin once the pier is complete. 10) PUBLIC COMMENTS ON SUBCOMMITTEE REPORTS OR QUESTIONS AND ANSWERS WITH COUNCIL LIAISON OR HARBOR RESOURCES MANAGER Jim Mosher reminded the Commission that administrative costs are not the only component of large boat fees. Commissioners appear to believe the Harbor is more valuable than the amount being charged. He suggested the Commission request the party who instigated Item Number 5 explain his concern at a Commission meeting. 11) MATTERS WHICH COMMISSIONERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON-DISCUSSION ITEM) After discussion of an ad hoc subcommittee in relation to the RGP-54 program, dredging the Harbor as a whole, exploring creative dredging methods and budgeting, and the water wheel, Commissioners requested an agenda item to consider one or more subcommittees for these topics. In reply to Chair Kenney's query, Harbor Resources Manager Miller advised that the presentation by City staff on the water wheel is scheduled for September. 12) DATE AND TIME FOR NEXT MEETING: Wednesday, August 9, 2017 13) ADJOURNMENT There being no further business to come before the Harbor Commission, the meeting was adjourned at 8:28 p.m. NEWPORT BEACH Harbor Commission Staff Report CITY OF August 9, 2017 Agenda Item No. _1_ TO: HARBOR COMMISSION FROM: Chris Miller, Harbor Resources Manager - 949-644-3043, cmiller@newportbeachca.gov TITLE: Harbor Commission and City Council Member Pairings ______________________________________________________________________ ABSTRACT: This item was previously considered by the Harbor Commission at its July 2017 meeting. The City Manager has asked for this item to be considered again to allow for further staff explanation. In summary, the City Manager desires to establish uniformity in the way in which individual Harbor Commissioners interact with members of the City Council by asking the Harbor Commission to terminate its practice of formally pairing commissioners with City Council Members. RECOMMENDATION: 1) Terminate the practice of formally pairing an individual Harbor Commissioner with a City Council Member. 2) Find this action exempt from 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. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: Currently, members of the Harbor Commission are formally paired with individual City Council Members. The purpose of these pairings is to allow Harbor Commissioners to update City Council Members on the Harbor Commission’s activities. The Harbor Commission is the only City board, commission, or committee that formally pairs a commissioner with a City Council Member. The City Manager desires to establish uniformity in the way in which individual board members, commissioners, and committee members interact with the City Council. The City Manager envisions a formal process by which the various boards, commissions, and committees may regularly update the City Council at a regularly scheduled City Council meeting. Thus, the City Harbor Commission and City Council Member Pairings August 9, 2017 Page 2 Manager recommends the Harbor Commission end its process of the formal pairings. If the Harbor Commission accepts the City Manager’s recommendation, the commissioners will still be able to meet informally on a one-on-one basis with any member of the City Council (and not just the City Council Member with whom they are currently paired). ENVIRONMENTAL REVIEW: This action is not subject to 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. NOTICING: This 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 642 Baker St, Costa Mesa, CA 92626 ==_1111!1-Swift Slip Dock & Pier Builders, Inc Phone: (949) 631-3121 Fax: (714) 509-0618 CLIENT: AMENDMENTS: SITE: Pickup EN PS 6/9/17 DRAWN. CHECKED. REVISION. DATE. 23 Harbor Island Newport Beach, CA Existing Typical Pile: 14" x 14" Floating Dock: 978 sq ft (2)80' X 5' = 800 sq ft 19' X 6'= 114 sq ft (2) 8' x 8' knee = 64 sq ft Gangway: 72 sq ft 24' X 3' = 72 sq ft Pier: 120 sq ft 12' X 10' = 120 sq ft Total Area: 1170 sq ft r - - - - - - - - --Project Line-- - - - -1 1----------50'----------< I r-10'--'-5' I I 80' Pier I.1----19'----1-5'-1--11'-' -Pierhea Line -- 74' -Bulkhead Line- r J_ I - I Reset 3 Piles I r l-'---'---'------'---'----Seawall-------� .-10·--1 REV: 100' 104' 80' DESCRIPTION: BY: DATE: The 1nformat1on containe,ct m this d1aw,ng 115, confidential and proprietary to Swift Slip Dock & Pier Bu1k:1ers, Inc. No part of this drawing may be distributed. disclosed or reproduced many form to any third party without consent from Swift Shp Dock & P1er Builders. Inc. 23 H a r b o r I s l a n d D o c k R e c o n f i g u r a t i o n - Ap p e a l ( C o n t i n u e d ) 1 Ha r b o r C o m m i s s i o n Au g u s t 9 , 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 - A u g u s t 9 , 2 0 1 7 It e m # 6 . 2 3 4 5 6 7 8 23 H a r b o r I s l a n d Ne w p o r t B e a c h , C A . Au g u s t 9 t h , 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 - A u g u s t 9 , 2 0 1 7 It e m # 6 . 2 Ta b l e o f C o n t e n t s • P r o j e c t D e s c r i p t i o n • H a r b o r I s l a n d A e r i a l I m a g e r y • 2 0 0 - 3 0 0 V i a L i d o S o u d A e r i a l • 9 0 0 - 1 3 0 0 E B a l b o a B l v d A e r i a l • 1 2 4 0 W B a y A v e A e r i a l • H a r b o r I s l a n d C o n c l u s i o n 1 • N e w p o r t H a r b o r C o n c l u s i o n 2 Pr o j e c t D e s c r i p t i o n Lo c a t i o n : 2 3 H a r b o r I s l a n d , N e w p o r t B e a c h 20 0 - 3 0 0 V i a L i d o S o u d 90 0 - 1 3 0 0 E B a l b o a B l v d • On l y 1 3 / 6 1 d o c k s t o t a l e x t e n d t o t h e P i e r h e a d L i n e • 48 / 6 1 d o c k s t o t a l a r e s h o r t o f t h e P i e r h e a d L i n e 12 4 0 W B a y A v e Co n c l u s i o n 1 Co n c l u s i o n 2 • 8 6 0 f e e t t o n e a r e s t p o i n t o n B a y I s l a n d 10 8 0 f e e t t o n e a r e s t p o i n t o n C o l l i n s I s l a n d 15 0 6 f e e t t o n e a r e s t p o i n t o n L i d o I s l a n d = 3 0 5 f e e t NEWPORT BEACH Harbor Commission Staff Report CITY OF August 9, 2017 Agenda Item No. _3_ TO: HARBOR COMMISSION FROM: Chris Miller, Harbor Manager - 949-644-3043, cmiller@newportbeachca.gov TITLE: Mooring Administration in Newport Harbor – Harbormaster Report ______________________________________________________________________ ABSTRACT: City Harbormaster Dennis Durgan will provide a status update on the new mooring administration program as well as general harbor operations. 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). Mo o r i n g A d m i n i s t r a t i o n i n Ne w p o r t H a r b o r In i t i a l Ov e r v i e w Ha r b o r Co m m i s s i o n , Au g u s t 9, 20 1 7 A d 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 H a r b o r C o m m i s s i o n - A u g u s t 9 , 2 0 1 7 I t e m # 6 . 3 On Ju l y 1, 20 1 7 th e Ci t y to o k ov e r ad m i n i s t r a t i o n of th e ap p r o x i m a t e l y 12 2 0 on ‐ an d of f ‐sh o r e mo o r i n g s in Ne w p o r t Ha r b o r Ha r b o r Op e r a t i o n s Ho m e Ba s e Ha r b o r Op e r a t i o n s op e r a t e s ou t of Marina Park, Lo c a t e d at 16 0 0 W. Ba l b o a Bl v d VH F : Ch a n n e l 19 a Of f i c e : 94 9 ‐27 0 ‐8159 Of f i c e Ho u r s : Sa t ‐Su n 08 0 0 h r s to 17 0 0 h r s Ne w p o r t h a r b o r . o r g Ha r b o r m a s t e r Ve s s e l s Ha r b o r m a s t e r 1 –B o s t o n Wh a l e r Ha r b o r m a s t e r 2 –W h i t c a t Ha r b o r m a s t e r 3 –W h i t c a t Am b a s s a d o r s h i p an d As s i s t a n c e  Ha r b o r Wo r k e r s pe r f o r m du t i e s su c h as :  Fi e l d ch e c k s of an c h o r a g e s , sw i m li n e s , an d pu m p o u t s  Tr a s h an d de b r i s co l l e c t i o n  Ge n e r a l as s i s t a n c e on th e wa t e r  En c o u r a g i n g se a li o n s to re m a i n in th e wa t e r  Ad v i s i n g bo a t e r s to be sa f e , sl o w do w n an d ha v e fu n Co o r d i n a t i o n wi t h Or a n g e Co u n t y Sh e r r i f f ’ s De p a r t m e n t Mo o r i n g Re n t a l s & Tr a n s f e r s Se a Li o n Ab a t e m e n t ST A T I S T I C S Ot h e r St a t i s t i c s : Nu m b e r of Pa r t ‐Ti m e Ha r b o r Se r v i c e Wo r k e r s : 13 Mo o r i n g Tr a n s f e r s to da t e : 7 Mo o r i n g Su b ‐Pe r m i t s (R e n t a l s ) Is s u e d : ap p r o x i m a t e l y 16 0 , in c l u d i n g re n e w a l s Nu m b e r of Bo a t s an c h o r e d in Ea s t an d We s t An c h o r a g e be t w e e n Ju l y 16 ‐31 : 97 JU L Y SU M M A R Y ‐ BY DA I L Y LO G CO U N T (a p p r o x i m a t e ) Ve s s e l : Ty p e : H a r b o r m a s t e r 1H a r b o r m a s t e r 2 H a r b o r m a s t e r 3Totals: Ge n e r a l As s i s t 96 1 3 0 9 0 316 Se a Li o n s 16 6 0 5 6 132 Sp e e d i n g / W a k e Ad v i s e m e n t 65 1 0 6 8 4 255 Mo o r i n g Ch e c k / I s s u e / A s s i s t 76 5 2 4 2 170 Po l l u t i o n / F u e l / D i s c h a r g e 23 1 6 Ha z a r d / D e b r i s / T r a s h 26 5 6 4 3 125 No i s e 21 0 3 Pi e r / D o c k / B r i d g e Is s u e 35 1 9 2 7 81 Em e r g e n c y 53 5 13 NEWPORT BEACH Harbor Commission Staff Report CITY OF August 9, 2017 Agenda Item No. _4_ TO: HARBOR COMMISSION FROM: Chris Miller, Harbor Manager - 949-644-3043, cmiller@newportbeachca.gov TITLE: Harbor Commission Objectives – Update Objective No. 4 ______________________________________________________________________ ABSTRACT: Harbor Commission Objective No. 4 describes the Commission’s goal of supporting the City’s Regional General Permit 54 for nearshore dredging as well as the City’s eelgrass program, and for identifying any available means to streamline that permitting process. At the June 2017 meeting, the Commission also expressed a desire to include the topic of deep-water channel dredging to his same Objective. RECOMMENDATION: 1. The Harbor Commission may consider adding deep-water channel dredging to the Commission’s Objective No. 4. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: The Harbor Commission’s Objective No. 4 states: “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.” The Commission may consider additional language such as: In addition, support staff in identifying feasible solutions to permit and dredge the deep-water channels throughout the harbor. Harbor Commission Objectives – Update Objective No. 4 August 9, 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 Harbor Commission Objectives Newport Harbor Commission Objectives (As Approved by the City Council on January 24, 2017) Calendar Year 2017 (Updated Assignments July 12, 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, Beer) 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. (Girling, Beer, Kenney) 5) Continued support for staff in their efforts to identify and resolve the ongoing derelict vessels in the harbor. (Drayton, Cunningham) 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. (Kenney, Beer, 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. (Cunningham, Blank) 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)