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Home My WebLink AboutHarbor Commission Agenda - October 11, 2017CITY OF NEWPORT BEACH HARBOR COMMISSION AGENDA Council Chambers – 100 Civic Center Drive Wednesday, October 11, 2017 - 6:30 PM Harbor Commission Members: William Kenney, Jr., Chair David Girling, Vice Chair Scott Cunningham, Secretary Ira Beer, Commissioner Paul Blank, Commissioner John Drayton, Commissioner Duncan McIntosh, Commissioner Staff Members: Chris Miller, Harbor Resources Manager Dennis Durgan, Harbormaster Ann Ewing, Deputy City Attorney 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 September 13, 2017 Item 5.0 - September Minutes October 11, 2017 Page 2 Harbor Commission Meeting 6)CURRENT BUSINESS Larger Boat Anchorage Fees - Ad Hoc Committee Recommendation1. The anchorage ad hoc committee will review the recommended fees for visiting larger vessels, which moor in the Turning Basin. Recommendation: 1) 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. 2) Review the ad hoc committee’s recommended fees for larger visiting vessels in the Turning Basin, then recommend staff forward the recommendation to the City Council’s Finance Committee for review. Item 6.1 - Larger Boat Anchorage Fees - Staff Report Item 6.1 - Larger Boat Anchorage Fees - Attachment A Turning Basin Anchorage - Recommended Permanent Seasonal Status2. The Harbor Commission will review the 2017 usage statistics on the trial anchorage area in the Turning Basin. The Commission will consider forwarding a recommendation to the City Council to permanently designate the anchorage as seasonal, to be deployed from May to October every year, and for Council to direct staff to seek regulatory approval. Recommendation: 1) 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. 2) Request that staff forward a recommendation to the City Council to permanently designate the anchorage in the Turning Basin as seasonal, to be deployed annually from May to October, and to also request Council direct staff to seek regulatory approval for this anchorage. Item 6.2 - Seasonal Anchorage Approval - Staff Report Item 6.2 - Seasonal Anchorage Approval - Attachment A October 11, 2017 Page 3 Harbor Commission Meeting Standup Paddleboard Commercial Operators in Newport Harbor - Review and Approve the Ad Hoc Committee’s Safety Recommendations. 3. The Standup Paddleboard Ad Hoc Committee will review their safety recommendations with the Harbor Commission. Recommendation: 1) 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. 2) Review the ad hoc committee’s safety recommendations for commercial standup paddleboard operators in the harbor, and approve. Item 6.3 - SUP Recommendations - Staff Report Central Avenue Public Pier - Vessel Size Discussion4. At the September 2017 meeting, the Harbor Commission requested that vessel size limits on the newly completed Central Avenue Public Pier be discussed at a future meeting. Recommendation: 1) 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. 2) Review the operational characteristics of the Central Avenue public pier, including time limits and vessel sizes allowed, and recommend modifications, if any. Item 6.4 - Central Avenue Vessel Sizes - Staff Report October 11, 2017 Page 4 Harbor Commission Meeting Harbor Commission 2017 Objectives - Quarterly Review5. Every quarter, the Harbor Commission reviews and provides updates to their 2017 Objectives. Recommendation: 1) 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. 2) Receive and file. Item 6.5 - HC Objectives Review - Staff Report Item 6.5 - HC Objectives Review - Attachment A Mooring Administration in Newport Harbor - Harbormaster Report6. City Harbormaster Dennis Durgan will provide a status update on the new mooring administration program as well as general harbor topics. Recommendation: 1) 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. 2) Receive and file. Item 6.6 - Mooring Update - Staff Report 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, November 8, 2017 12)ADJOURNMENT NEWPORT BEACH HARBOR COMMISSION REGULAR MEETING MINUTES Council Chambers – 100 Civic Center Drive Wednesday, September 13, 2017 6:45 PM 1) CALL MEETING TO ORDER The meeting was called to order at 6:45 p.m. 2) ROLL CALL Commissioners: Bill Kenney, Chair Dave Girling Paul Blank John Drayton (absent) Duncan McIntosh Scott Cunningham Ira Beer Staff Members: Chris Miller, Harbor Resources Manager Dennis Durgan, Harbormaster Andrew Maiorano, Deputy City Attorney David A. Webb, Public Works Director Raymund Reyes, Management Specialist 3) PLEDGE OF ALLEGIANCE – Commissioner Cunningham 4) PUBLIC COMMENTS 5) APPROVAL OF MINUTES – August 9, 2017 Commissioner Cunningham requested a small change to the minutes. Commissioner Girling corrected his comments at the top of page 4 to "[T]he Commission has no records on the dock to determine if it was granted a variance to extend past the pierhead line. If the current applicant had chosen to renovate rather than reconfigure, the project should have been grandfathered. There may be a variance of 2-3 feet in superimposing the pierhead line on the map, but the dock is still over the pierhead line by another 7-8 feet." Jim Mosher suggested paragraph 4 on page 4 should be "Commissioner McIntosh clarified that the boat could stick out by an amount equal to the width of the beam." Commissioner McIntosh moved approval of the draft Minutes for the August 9, 2017, meeting as corrected. Commissioner Beer seconded the motion. The motion carried by the following roll call vote: Ayes: Chair Kenney, Commissioner Girling, Commissioner Blank, Commissioner McIntosh, Commissioner Cunningham, Commissioner Beer Absent: Commissioner Drayton 6) CURRENT BUSINESS 1. Potential Regional Trash/Debris Waterwheel Collection System for Lower San Diego Creek Public Works Director Dave Webb will present the potential waterwheel concept project to the Commission. 2 Recommendation: 1) Receive and file. Public Works Director Webb reported staff is working on a project to install a waterwheel trash collection device in San Diego Creek between Freeway 73 and Jamboree Road. About 80 percent of material entering the Bay comes from San Diego Creek. Currently, a log boom at the Newport Aquatic Center collects trash from the Bay, and over the past winter it removed 77 tons of material. A waterwheel used in Boston collects about 38,000 pounds of trash a day and, since its inception, has removed about 1.3 million pounds of trash. He explained the operation of the waterwheel. Staff is conducting an engineering study at a concept level to determine if a waterwheel is feasible. Estimated costs for the project are $350,000 for design and permitting, $1.4 million for construction, and $50,000 for annual maintenance. Director Webb hopes to obtain grant funding for the project. In addition, the City has received donations towards development of the project and wants to cost share with upstream partners because much of the trash is generated upstream. Staff has visited the proposed site with stakeholders, conservation groups, and regulatory agencies, is beginning preliminary discussions with resource agencies, and will continue talks with stakeholders. Director Webb hopes to complete the concept by the winter of 2018 and to have a waterwheel constructed and operational by early 2020. Commissioner Duncan and others asked how small of an object could the waterwheel collect; Director Webb stated he did not know the smallest item a waterwheel could pick up, but a cigarette butt is possible. The waterwheel would collect reeds as well as trash. Commissioner Blank inquired about the $50,000 annual maintenance cost; Director Webb confirmed that the amount included the cost to remove and dispose of material collected by the waterwheel. Partner cities would share maintenance costs with Newport Beach. This project qualifies as a regional project and could be funded with regional monies. Jim Mosher advised that a waterwheel is located in Baltimore rather than in Boston. 2. Larger Boat Anchorage Fees – Ad Hoc Committee Recommendation The Harbor Commission's anchorage ad hoc committee will review recommended fees for visiting larger vessels, which moor in the Turning Basin. Recommendation: 1) Review the ad hoc committee's recommended fees for larger visiting vessels in the Turning Basin, then recommend staff forward to the Finance Committee for review. 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 in the environment, directly or indirectly. Chair Kenney reported that the ad hoc subcommittee's task was to study transient mooring fees for larger vessels. The subcommittee has collected information from almost all harbors in Southern California and continues to collect data. At this time, the subcommittee is not ready to make a formal presentation. The subcommittee requests this item be continued to October 2017, at which time it will make formal recommendations to the Harbor Commission for consideration and action. 3. Standup Paddleboard – Ad Hoc Committee The Harbor Commission's Standup Paddleboard Ad Hoc Committee will present their latest update to the Commission. Recommendation: 1) Receive and file. Commissioner Girling advised that the subcommittee crafted additional recommendations for the Harbor Commission's consideration. The term standup paddleboard includes all human-powered craft. The City's 3 Harbormaster should coordinate with Code enforcement to identify and regulate operators in the Harbor who are operating without a permit. The Harbor Commission should revise the standup paddleboard safety pamphlet and make the pamphlet available to Harbor operators and the general public. Each Harbor operator should distribute the safety brochure and require users to acknowledge they have read it. Each operator should acknowledge in writing with each user that users can swim. If users cannot swim, the operator should require the user to wear a life vest. For future consideration is a recommendation that operators require users to watch a safety video. However, the City may need to create the video and provide equipment for its viewing. Commissioner Girling concurred with a suggestion for the Harbor Commission to take action and recommend the City Council adopt the subcommittee's recommendations. Deputy City Attorney Maiorano advised that Commission action should be agendized for a future meeting. Harbormaster Durgan requested the subcommittee develop a recommendation to require a leash for paddleboards. Commissioner Girling explained that the subcommittee focused on operators in developing its recommendations. The objective of the recommendations is to force operators to educate users regarding safety. A Commissioner suggested users who cannot swim be required to wear a life vest and a leash. Harbormaster Durgan suggested staff host a mandatory operator meeting to share the safety presentation. Lieutenant Alsobrook remarked that the user attestation regarding ability to swim is insufficient. Federal regulations require a personal flotation device (PFD) for each person onboard. Perhaps the Harbor Commission can require each user or operator to provide a PFD. Commissioner Girling explained that the subcommittee did not mention having a PFD because regulations require them. The subcommittee contends that operators are providing PFDs, but users are not required to wear them. The subcommittee may reiterate the federal requirement for a PFD. Chair Kenney reported the pamphlet cites the inland rules for a PFD and sounding device. Lieutenant Alsobrook stated the City could require licensed operators to provide PFDs. 4. Ad Hoc Committee Formation to Review Harbor and Beaches "H" Policies Pursuant to City Council Direction The City Council directed the Harbor Commission to review the Harbor and Beaches "H" Policies of the City Council, and to report back to the Commission with recommendations for revision. The Harbor Commission will form an ad hoc committee to review these policies. Recommendation: 1) Form an ad hoc committee to review the City Council’s “H” Policies and then report back to the Commission with specific recommendations. Upon completing this specific task, the ad hoc committee will disband. 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. Harbor Resources Manager Miller reported the City Council directed the Harbor Commission to evaluate all "H" Policies. The Harbor Commission should provide recommendations to the City Council within the next two to three months. He is preparing a map to facilitate subcommittee review of "H" Policies. Commissioner Blank suggested the Harbor Commission form three subcommittees, one for Policy H-1, one for Policy H-5, and one for Policies H-2, H-3, and H-4. Further, the subcommittee for the Harbor Commission's dredging Objective should review Policy H-5. Commissioners Girling and McIntosh volunteered for a subcommittee regarding Policies H-2, H-3, and H- 4 with Commissioner Girling as Chair. 4 Commissioner Cunningham volunteered himself as Chair and Commissioners Beer and Kenney for a subcommittee to review Policy H-5. Commissioner Blank volunteered himself and Commissioner Drayton as Chair for a subcommittee regarding Policy H-1. Deputy City Attorney Maiorano confirmed that the subcommittees are not subject to the Brown Act. Jim Mosher noted the amendment dates found at the end of each Policy correspond to City Council meetings. The minutes and/or staff reports for the City Council meetings can provide context for subcommittee discussions. The Water Quality/Coastal Tidelands Committee, the Parks, Beaches and Recreation Commission, and the Finance Committee may be the appropriate bodies to review Policies H- 2, H-3, and H-5 respectively. Harbor Resources Manager Miller advised that he has all versions and associated resolutions for Policy H- 1. Commissioner Blank moved to create an ad hoc subcommittee composed of Commissioner Drayton as Chair and himself to study and make recommendations for Harbor Policy H-1. Commissioner Cunningham seconded the motion. The motion carried by the following roll call vote: Ayes: Chair Kenney, Commissioner Girling, Commissioner Blank, Commissioner McIntosh, Commissioner Cunningham, Commissioner Beer Absent: Commissioner Drayton Commissioner Girling moved to create an ad hoc subcommittee composed of himself as Chair and Commissioner McIntosh to study and make recommendations for Harbor Policies H-2, H-3, and H-4. Commissioner Blank seconded the motion. The motion carried by the following roll call vote: Ayes: Chair Kenney, Commissioner Girling, Commissioner Blank, Commissioner McIntosh, Commissioner Cunningham, Commissioner Beer Absent: Commissioner Drayton Commissioner McIntosh moved to create an ad hoc subcommittee composed of Commissioner Cunningham as Chair and Commissioners Beer and Kenney to study and make recommendations for Harbor Policy H-5. Commissioner Beer seconded the motion. The motion carried by the following roll call vote: Ayes: Chair Kenney, Commissioner Girling, Commissioner Blank, Commissioner McIntosh, Commissioner Cunningham, Commissioner Beer Absent: Commissioner Drayton 5. Mooring Administration in Newport Harbor – Harbormaster Report 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. Harbormaster Durgan reported the most recent statistics from Harbor Service Workers’ daily work logs. Mr. Durgan also noted that during the prior weekend, the marina and ten Marina Park rental moorings nearby were full. The East Anchorage occupancy averaged 5 vessels per day for August, with an average of just under 2 vessels per day in the trial anchorage. No large boats have requested anchorage. He requested the Commission determine a date for removing the trial anchorage. Marina Park slips were noted to be full during the last two weekends. 40-foot slips are renting for $60 per night plus $1.50 per foot for overhang; 55-foot slips are $82.50 per night plus $1.50 per foot for overhang. Harbormaster Durgan shared photos of events in and around Newport Harbor. In response to Commissioners' questions, Harbormaster Durgan advised that the process for reserving Marina Park moorings is similar to the reservation of a slip. Title 17 rules and regulations require that a 5 mooring be vacant for 30 days prior to rental. The Commission may want to consider reducing that time period. Most noise complaints concerned rafting parties in the anchorages on busy weekends. A discussion on the definition of a raft-up followed. Use of a portion of the Marina Park dock as a temporary tie-up for Marina Park use is working well. Commissioner Blank recalled that the trial anchorage were to be removed by September 15. Harbor Resources Manager Miller reported he extended the deadline to October 17 as allowed by the resolution. Chair Kenney suggested the Commission may need a formal definition of raft-up. He thought a raft-up is defined as two or more boats. 6. Central Avenue Public Pier Time Limits The Central Avenue public pier is currently under construction with the new docking time limits being painted on each side of the float very soon. Staff is requesting confirmation of the Harbor Commission's January 2016 recommendation for the time limits for each side. Recommendation: 1) Review the Harbor Commission’s previous recommendation for tie-up time limits for the Central Avenue public pier, and recommend revisions, if needed. 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. Harbor Resources Manager Miller indicated the Harbor Commission provided comments and suggestions for time limits at the Central Avenue pier in January 2016. Currently there is no size limit on boats using public piers. The Rhine Channel pier has a 3-hour time limit on the bayward side and one 12-foot side. At the 19th Street pier, half of the bayward side has a 3-hour time limit and the second half has a 20-minute time limit. The Harbor Commission previously recommended a 3-hour time limit on the bayward side of Central Avenue and a 12-hour time limit on the side adjacent to the bulkhead. The Harbor Commission made no recommendation for the east and west sides of the float at Central Avenue. A recommendation was made for a time limit of 3 hours. The Municipal Code provides color codes for time limits on the piers. Commissioners suggested a 20-minute loading/unloading area on the bayward side; a 20-minute time limit on the east side; and a green area on the backside and a 20-minute area on one of the sides. Harbor Resources Manager Miller remarked that boaters using the dock to access shops and restaurants may need more than 3 hours but less than 24 hours. Commissioner Blank recommended a 30-foot size limit for boats on the bayward side and prohibiting fishing. A 26-foot or 30-foot boat would be appropriate. Chair Kenney noted the ad hoc subcommittee generally felt 20 minutes was not sufficient and recommended a 3-hour time limit. Harbormaster Durgan suggested a 20-minute time limit for the east end and perhaps the west end. Commissioner Blank moved to implement 20-minute time limits on the two ends and 3-hour time limits on the bayward and landward sides. Commissioner Beer seconded the motion. In reply to Chair Kenney's question, Commissioner Blank indicated he did not want a 12 or 24-hour limit on the bulkhead side. Commissioner Girling concurred. The motion carried by the following roll call vote: 6 Ayes: Chair Kenney, Commissioner Girling, Commissioner Blank, Commissioner McIntosh, Commissioner Cunningham, Commissioner Beer Absent: Commissioner Drayton Chair Kenney advised that the ad hoc subcommittee recommended no size limits on any of the docks. Commissioners discussed appropriate sizes of boats given the narrow channel, the current during significant tide changes, wind issues, the size of the dock, and requirements imposed by grant funding. Harbormaster Durgan believed 30 feet would be an appropriate size limit for boats. Two Commissioners felt a 30-foot size limit would be best. Deputy City Attorney Maiorano reminded the Commission that the agenda item concerns time limits. Action on a size limit for boats should occur at a future meeting when the item has been agendized. Considering size limits in relation to time limits is appropriate. 7. Proposed Revisions to Mooring Specifications The current mooring specifications were reviewed during the City’s mooring management transition. Staff is recommending revisions for the Harbor Commission to review and subsequently recommend to the City Council for approval. Recommendation: 1) Approve staff’s recommendation for revisions to the mooring specifications, then forward to the City Council for approval. 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. Harbor Resources Manager Miller advised that the proposed mooring weight is 20 percent more than currently required because boats have grown larger and heavier since the specifications were adopted. Many mooring permittees have already increased their weights. The incremental cost to a mooring permittee for upgrading his weights would be in the $400-$500 range. It would be a one-time cost because weights do not disintegrate. Staff did not propose changes to lines. The ring-style buoy was prevalent more than 20 years ago. Currently, most boaters utilize a tube-style mooring. Boat owners are required to check the mooring system every 2 years. Staff recommends the Harbor Commission review mooring types and weights and proposes that the sand line system be at least an option for mooring permittees. Mr. Miller will present the Harbor Commission's recommendation to the City Council on September 26. In response to Commissioner McIntosh's questions, Harbor Resources Manager Miller indicated the standards have been developed and refined through decades of field experience. Engineering firms are hesitant to provide an opinion because the substrate of the Harbor varies. In response to Commissioners' queries, Chuck South of South Mooring Company reported 11,000 pounds at both ends of a 95-foot boat is adequate for Newport Harbor. Most 90- and 95-foot moorings hold well with 7,000-8,000 pounds. Problems occur when 40-60-foot boats have only 1,500 pounds of weight. Movement seems to occur with winds greater than 70 miles an hour. Many owners of newer boats have installed 40-50 percent more weight than required. In Newport Harbor, most boats have more weight at the east or south end. Additional weight is not needed for a single-point mooring. In reply to Commissioner Girling's inquiry, Harbor Resources Manager Miller stated that upgrading to a tube-style mooring would cost $300-$350, and it has a lifespan of 7-10 years. Commissioner Girling moved approval of staff's proposed changes. Commissioner Cunningham seconded the motion. The motion carried by the following roll call vote: 7 Ayes: Chair Kenney, Commissioner Girling, Commissioner McIntosh, Commissioner Cunningham, Commissioner Beer Absent: Commissioner Drayton Abstaining: Commissioner Blank 7) COMMISSIONER ANNOUNCEMENTS (NON-DISCUSSION ITEMS) Commissioner Blank announced the Balboa Yacht Club along with the Ben Carlson Foundation is hosting a Harbor cleanup day on September 30. On September 6, three Planning Commissioners accompanied him on a tour of the Harbor. 8) QUESTIONS AND ANSWERS WITH HARBOR RESOURCES MANAGER ON HARBOR RELATED ISSUES None. 9) PUBLIC COMMENTS ON SUBCOMMITTEE REPORTS OR QUESTIONS AND ANSWERS WITH HARBOR RESOURCES MANAGER Jim Mosher advised the Commission that the City Council's Finance Committee is comprised of four citizens and three Council Members. The four citizens are paired with the four Council Members not a part of the Finance Committee. He questioned why the liaisons were appropriate for the Finance Committee but not the Harbor Commission. 10) MATTERS WHICH COMMISSIONERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON-DISCUSSION ITEM) Commissioner Blank indicated the subcommittee for Harbor speed limit should have a presentation ready for the October Commission meeting. A Commissioner requested an agenda item regarding size limits for boats using the Central Avenue pier. Chair Kenney reported the seasonal anchorage ad hoc subcommittee will have a presentation in October. Subcommittees for Harbor Commission Objectives should provide updates for the October meeting. 11) DATE AND TIME FOR NEXT MEETING: Wednesday, October 11, 2017, 6:30 p.m. 12) ADJOURNMENT There being no further business to come before the Harbor Commission, the meeting was adjourned at 9:07 p.m. NEWPORT BEACH Harbor Commission Staff Report CITY OF October 11, 2017 Agenda Item No. _1_ TO: HARBOR COMMISSION FROM: Chris Miller, Harbor Manager - 949-644-3043, cmiller@newportbeachca.gov TITLE: Larger Boat Anchorage Fees – Ad Hoc Committee Recommendation ______________________________________________________________________ ABSTRACT: The anchorage ad hoc committee will review the recommended fees for visiting larger vessels which moor in the Turning Basin. RECOMMENDATION: 1. 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. 2. Review the ad hoc committee’s recommended fees for larger visiting vessels in the Turning Basin, then recommend staff forward the recommendation to the City Council’s Finance Committee for review. 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. Larger Boat Anchorage Fees – Ad Hoc Committee Recommendation October 11, 2017 Page 2 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 - Trial Anchorage, Council Approved May 2016 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 NEWPORT BEACH HARBOR COMMISSION AD HOC COMMITTEE ANALYSIS & RECOMMENDATIONS ON LARGE VESSEL TRANSIENT MOORING FEES OCTOBER 11, 2017 Additional Materials Presented At Meeting Harbor Commission - October 11, 2017 Item # 6.1 OBJECTIVES •Determine availability and daily rental rates in Southern California harbors, (San Diego to Santa Barbara), for transient moorings that can accommodate large vessels. •For purposes of the analysis a vessel in excess of 100’ is considered a large vessel. •Determine a fair daily rental rate to be paid by a large vessel on a transient mooring in Newport Harbor. APPROACH •Review websites of all Southern California harbors from San Diego to Santa Barbara. •Review trade publications and other published materials relevant to the Objectives. •Contact public officials and private operators to obtain current information on availability and rates for moorings and other accommodations for large vessels. FINDINGS •With the exception of Avalon Harbor and Two Harbors, there are no transient moorings available for large vessels in any Southern California harbor. •Because there are no comparable facilities in the other Southern California harbors, no market rate for a large vessel on a transient basis in Newport Harbor could be determined. •Only Long Beach Harbor, Channel Islands Harbor and Santa Barbara Harbor have public docks large enough to accommodate large vessels on a transient basis. •Availability of these docks on a transient basis is on a first come first served basis and availability is very limited. FINDINGS •Large vessels are allowed to anchor in the larger harbors at no cost with a special permit. •There are slips and end ties available in private marinas in San Diego Harbor, Los Angeles Harbor and Ventura Harbor that can accommodate large vessels on a transient basis. •Transient daily rates for large vessels were obtained for some these marinas. •While the transient daily rates being charged by the private marinas able to accommodate large vessels are interesting, a direct comparison cannot be made between a mooring and a slip or end tie due to the convenience of access to the vessel, power, water and other dockside facilities. FINDINGS •Anecdotally, the amount of money that is spent in the community by large vessels is extraordinary. •One interviewee estimated that a +200’ yacht could spend up to $60,000.00 per month while in the harbor. CONCLUSION •It is the conclusion of the Ad Hoc Committee that the most equitable way to determine the amount that a large vessel should pay for the use of a mooring in Newport Harbor is to require the vessel to reimburse the City of Newport Beach for all of its direct costs related to the mooring of that vessel, including: 1.The cost of installation and removal of the mooring balls and tackle; 2.The actual cost of staff time incurred by City of Newport Beach staff directly related to the use of a mooring by a larger vessel in Newport Harbor; and CONCLUSION 3.Any other costs incurred by the City directly related to the use of a mooring by a larger vessel in Newport Harbor. RECOMMENDATIONS •That the City Council direct City staff to prepare an analysis quantifying the amount of staff time and any other costs incurred by the City of Newport Beach directly or indirectly related to the processing of a request by a large vessel to install, occupy and remove a mooring in Newport Harbor on a transient basis and that this sum be charged to the transient vessel. •In addition, that the large vessel be responsible for the cost of setting and retrieving the mooring can(s) and tackle. RECOMMENDATIONS By directly reimbursing the City of Newport Beach for its costs, there is no cost or profit to the City. The transient vessel is only paying for the direct cost of the installation, use and removal of the mooring and for the administration thereof. The alternative for the transient vessel is to anchor for free. NEWPORT BEACH Harbor Commission Staff Report CITY OF October 11, 2017 Agenda Item No. _2_ TO: HARBOR COMMISSION FROM: Chris Miller, Harbor Manager - 949-644-3043, cmiller@newportbeachca.gov TITLE: Turning Basin Anchorage – Recommended Permanent Seasonal Status ______________________________________________________________________ ABSTRACT: The Harbor Commission will review the 2017 usage statistics on the trial anchorage area in the Turning Basin. The Commission will consider forwarding a recommendation to the City Council to permanently designate the anchorage as seasonal, to be deployed from May to October every year, and for Council to direct staff to seek regulatory approval. RECOMMENDATION: 1. 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. 2. Request that staff forward a recommendation to the City Council to permanently designate the anchorage in the Turning Basin as seasonal, to be deployed annually from May to October, and to also request Council to direct staff to seek regulatory approval for this anchorage. FUNDING REQUIREMENTS: There is no fiscal impact related to the Harbor Commission’s recommendation to the City Council for 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 Turning Basin Anchorage – Recommended Permanent Seasonal Status October 11, 2017 Page 2 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 - Trial Anchorage, Council Approved May 2016 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 NEWPORT BEACH Harbor Commission Staff Report CITY OF October 11, 2017 Agenda Item No. _3_ TO: HARBOR COMMISSION FROM: Chris Miller, Harbor Manager - 949-644-3043, cmiller@newportbeachca.gov TITLE: Standup Paddleboard Commercial Operators in Newport Harbor – Review and Approve the Ad Hoc Committee’s Safety Recommendations ______________________________________________________________________ ABSTRACT: The Standup Paddleboard Ad Hoc Committee will review their safety recommendations with the Harbor Commission. RECOMMENDATION: 1. 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. 2. Review the ad hoc committee’s safety recommendations for commercial standup paddleboard operators in the harbor, and approve. 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). Ad Hoc SUP Safety Committee Approved by Harbor Commission on October 11, 2017 As a result of the unfortunate accident of an SUP user in Huntington Beach, and as a follow-on to the deliberations by this committee in the past few months, the committee revisited its previous conclusions and recommends the following: 1. City's Harbormaster should coordinate with Code Enforcement to identify and regulate operators in the Harbor that are operating without a permit. 2. Harbor Commission to revise the SUP safety pamphlet prepared by the previous SUP Safety Committee and Harbor Resources to make the pamphlet available to the Harbor operators and the general public. 3. That all rental SUP boards and manual powered vessels be fitted with leashes, and that providers of such rental vessels encourage their customers to wear them. 4. As a follow-up to the Harbor Commission's previous recommendations that Harbor operators improve educational procedures at the source of renting a human-powered watercraft, the Committee recommends that the following become conditions for procuring a Marine Activities permit: • That each operator distribute the safety brochure and require its customers to acknowledge they have read it. • That each operator acknowledge in writing with each customer that they can swim. If not, the operator must require the user to wear a life vest. Additional Materials Presented At Meeting Harbor Commission - October 11, 2017 Item # 6.3 NEWPORT BEACH Harbor Commission Staff Report CITY OF October 11, 2017 Agenda Item No. _4_ TO: HARBOR COMMISSION FROM: Chris Miller, Harbor Manager - 949-644-3043, cmiller@newportbeachca.gov TITLE: Central Avenue Public Pier – Vessel Size Discussion ______________________________________________________________________ ABSTRACT: At the September 2017 meeting, the Harbor Commission requested that vessel size limits on the newly completed Central Avenue public pier be discussed at a future meeting. RECOMMENDATION: 1. 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. 2. Review the operational characteristics of the Central Avenue public pier, including time limits and vessel sizes allowed, and recommend modifications, if any. FUNDING REQUIREMENTS: There is no fiscal impact related to the Harbor Commission’s recommendation to the City Council for 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). Central Avenue Public Pier Time Limits 1 Harbor Commission October 11, 2017 Additional Materials Presented At Meeting Harbor Commission - October 11, 2017 Item # 6.4 2 3 4 5 NEWPORT BEACH Harbor Commission Staff Report CITY OF October 11, 2017 Agenda Item No. _5_ TO: HARBOR COMMISSION FROM: Chris Miller, Harbor Manager - 949-644-3043, cmiller@newportbeachca.gov TITLE: Harbor Commission 2017 Objectives: Quarterly Review ______________________________________________________________________ ABSTRACT: Every quarter, the Harbor Commission reviews and provides updates to their 2017 Objectives. RECOMMENDATION: 1. 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. 2. 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. Harbor Commission 2017 Objectives: Quarterly Review October 11, 2017 Page 2 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, Calendar Year 2017 and Quarterly Review Newport Harbor Commission Objectives Calendar Year 2017 Approved by City Council on January 24, 2017 Amended by Harbor Commission August 9, 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) 2 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 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. In addition, support staff in identifying feasible solutions to permit and dredge the deep‐water channels throughout the harbor. (Cunningham, 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) Harbor Commission Objectives and Ad Hoc Committee Updates Calendar Year 2017 Committee Quarterly Status Report 1. Develop Standard Safety Briefing Materials and Guidelines Regarding Stand Up Paddleboards and Other Ad Hoc Committee: Kenney , Blank, Girling 1st Quarter Update: 2nd Quarter Update: 3rd Quarter Update: 10/11/17 The ad hoc committee has met several times and will be making recommendations to the Harbor Commission at this evening's meeting as a separate agenda item. 4th Quarter Update: 2. Secure State Approval to Amend the Harbor Code Relating to Speed Limits in the Harbor for Special Events Ad Hoc Committee: Blank , Drayton, Beer 1st Quarter Update: 2nd Quarter Update: 3rd Quarter Update: 10/11/17 Significant stakeholder input has been gathered as well a thorough review of historical documents by the ad hoc committee. A working draft has been developed and is in the hands of the City Attorney's Office awaiting synthesis with legal requirements. After significant stagnation, the outlook is very encouraging for accomplishing 4th Quarter Update: 3. Charter Fleet Industry Dialogue to Promote Best Practices for Charter Boat Operations Ad Hoc Committee: McIntosh , Drayton, Kenney 1st Quarter Update: 2nd Quarter Update: 3rd Quarter Update: 10/11/17 No action to report at this time. 4th Quarter Update: 4. Support Staff in Developing Public Information for Regional General Permit 54 Relating to Dredging and Ad Hoc Committee: Cunningham , Beer, Kenney 1st Quarter Update: 2nd Quarter Update: Page 1 of 3 Harbor Commission Objectives and Ad Hoc Committee Updates Calendar Year 2017 Committee Quarterly Status Report 3rd Quarter Update: 10/11/17 Chair Cunningham met with Chris Miller to discuss the RGP and eelgrass details to fully understand the process involved in applying for dredging permits. He is prepared to assist when needed, and to help promote the 4th Quarter Update: 5. Support Staff in Effort to Identify and Resolve Derelict Vessels Ad Hoc Committee: Drayton , Cunningham 1st Quarter Update: 2nd Quarter Update: 3rd Quarter Update: 10/11/17 The ad hoc committee toured the bay with City Harbormaster Dennis Durgan earlier this month and saw firsthand the issue of "unmaintained" boats in our mooring fields. Since that visit, the City Harbormaster has been meeting with the City Code Enforcement Supervisor twice a week about 1.5 hours each to identify, photograph and have his division send a notice of infraction per Title 17. Boat owners have been contacting the Code Enforcement Supervisor, and either made arrangements to get their boats cleaned up, or they can move out of the moorings. In addition, the City was just notified from the State that we were awarded $125,000 for the SAVE (Surrendered and Abandoned Vessel Exchange) program. Staff will work towards executing the grant agreement over the next 4th Quarter Update: 6. Evaluate Turning Basin Temporary Anchorage and Consider CDM Day Moorings Ad Hoc Committee: Kenney , Beer, McIntosh 1st Quarter Update: 2nd Quarter Update: 3rd Quarter Update: 10/11/17 The ad hoc committee will be making recommendations to the Harbor Commission at this evening's meeting as a 4th Quarter Update: 7. Collaborate with Staff to Update "The Complete Cruising Guide to Newport Harbor" Ad Hoc Committee: Cunningham , Blank 1st Quarter Update: 2nd Quarter Update: 3rd Quarter Update: 10/11/17 Page 2 of 3 Harbor Commission Objectives and Ad Hoc Committee Updates Calendar Year 2017 Committee Quarterly Status Report The ad hoc committee reviewed the Cruising Guide map with staff and submitted changes/updates. Once completed, this map will be updated on the website. The ad hoc committee recommends that the electronic version of the Cruising Guide be updated as a first priority with a paper version to follow, perhaps in time for the 4th Quarter Update: 8. Investigate the Availability and Sufficiency of Launch Ramp Facilities in the Harbor Ad Hoc Committee: Kenney , Girling, Cunningham 1st Quarter Update: 2nd Quarter Update: 3rd Quarter Update: 10/11/14 The ad hoc committee has not made any significant progress on this objective, but hopes to do so in the months 4th Quarter Update: Page 3 of 3 NEWPORT BEACH Harbor Commission Staff Report CITY OF October 11, 2017 Agenda Item No. _6_ 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. 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. 2. 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). Mooring Administration in Newport Harbor Update HARBOR COMMISSION Wednesday, October 11, 2017 Presented by: Dennis Durgan, City Harbormaster Additional Materials Presented At Meeting Harbor Commission - October 11, 2017 Item # 6.6 STATISTICS -UPDATE Other Statistics: Mooring Transfers to date: 22 Mooring Sub-Permits (Rentals) to date: approximately 318, including renewals East Anchorage Occupancy, September: 121 sightings (5 vessels/day average) West (Trial) Anchorage Occupancy, September: 37 sightings (2 vessels/day average) DAILY LOG COUNT (Approximate) Type:July August September Totals: 316 190 281 787 Sea Lions 132 236 148 516 Speeding/Wake Advisement 255 144 137 536 Mooring Check/Issue/Assist 170 130 75 375 Pollution/Fuel/Discharge 6 9 1 16 Hazard/Debris/Trash 125 69 73 267 Noise 3 4 7 14 Pier/Dock/Bridge Issue 81 70 14 165 Emergency 13 0 2 15 General Assist(Boats, Stand Up Paddleboards, Swimmers, etc) SEA LION MITIGATION Increase in Sea Lion activity in August and September •Trial use of coyote decoys to deter sea lions •Communications with permittees, residents, Pacific Marine Mammal Center and yacht clubs CODE ENFORCEMENT -VESSELS Continued Coordination between Harbor Operations, Code Enforcement and the Police Department •Contact with Permittees re. derelict vessels •Returning lost vessels to their registered owners •Compliance with Anchorage rules