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HomeMy WebLinkAboutHarbor Commission Agenda - May 09, 2018CITY OF NEWPORT BEACH HARBOR COMMISSION AGENDA Council Chambers - 100 Civic Center Dr Wednesday, May 9, 2018 - 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 Carol Jacobs, Assistant City Manager Ann Ewing, Deputy City Attorney Raymund Reyes, Administrative Analyst 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 - April 11, 2018 May 9, 2018 Page 2 Harbor Commission Meeting Minutes of April 11, 2018 Minutes of April 11, 2018 6)CURRENT BUSINESS 1.Impound and Lien Sale Process Pursuant to its authority under the Newport Beach Municipal Code (“NBMC”) and the Harbors and Navigation Code (“HNC”), the City may remove, impound and store vessels for certain violations and/or under certain conditions that occur in Newport Harbor. Following proper removal, City staff may sell or dispose of these vessel in a manner approved under the law. 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 6.1 - Impound and Lien Sale Process - Staff Report Item 6.1 - Impound and Lien Sale Process - Attachment A Item 6.1 - Impound and Lien Sale Process - Attachment B Item 6.1 - Impound and Lien Sale Process - Attachment C May 9, 2018 Page 3 Harbor Commission Meeting 2.Mooring Revocation: H-81 Mooring permits may be revoked for failure to comply with any of the regulations listed in Newport Beach Municipal Code (“NBMC”) Sections 17.60.040(K)(1) and 17.70.020(A). According to NBMC Chapter 17.70.020(B), the Harbor Commission shall conduct a public hearing prior to revoking a mooring permit. 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. Hold a public hearing, consider the relevant evidence, and if justified under NBMC Sections 17.60.040(K)(1) and 17.70.020(A), revoke Mooring Permit H-81 based on the following reasons: a) Failure to maintain the vessel in compliance with the applicable mooring regulations in NBMC Section 17.25.020(I)(2) and make the necessary repairs as requested by the City. NBMC Section 17.60.040(K)(1)(a) b) Failure and/or refusal to allow an inspection of the vessel to determine if it is seaworthy and operable. NBMC Section 17.60.040(K)(1)(b). c) Failure to comply with the conditions upon which the permit was issued. NBMC Section 17.70.020(A)(8). Item 6.2 - H-81 Revocation - Staff Report Item 6.2 - H-81 Revocation - Attachment A Item 6.2 - H-81 Revocation - Attachment B Item 6.2 - H-81 Revocation - Attachment C Item 6.2 - H-81 Revocation - Attachment D Item 6.2 - H-81 Revocation - Attachment E 3.City Harbormaster Report on Harbor Operations City Harbormaster Dennis Durgan will provide an update on 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. Item 6.3 - Harbormaster Update - Staff Report May 9, 2018 Page 4 Harbor Commission Meeting 4.Harbor Commission 2018 Objectives: Ad Hoc Committee Updates Each ad hoc committee studying their respective Functional Area within the Commission’s 2018 Objectives will provide an update. 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 6.4 - Objectives Review - Staff Report Item 6.4 - Objectives Review - Attachment A 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, June 13, 2018 12)ADJOURNMENT NEWPORT BEACH HARBOR COMMISSION MEETING MINUTES Council Chambers – 100 Civic Center Drive Wednesday, April 11, 2018 6:30 PM 1) CALL MEETING TO ORDER The meeting was called to order at 6:30 p.m. 2) ROLL CALL Commissioners: William Kenney, Jr., Chair David Girling, Vice Chair Scott Cunningham, Secretary Ira Beer, Commissioner (absent) Paul Blank, Commissioner John Drayton, Commissioner Duncan McIntosh, Commissioner Staff Members: Chris Miller, Harbor Resources Manager Dennis Durgan, Harbormaster Carol Jacobs, Assistant City Manager Ann Ewing, Deputy City Attorney Raymund Reyes, Administrative Analyst 3) PLEDGE OF ALLEGIANCE – Commissioner McIntosh 4) PUBLIC COMMENTS Larry Buckelew, 1432 West Bay Avenue, recounted harassment from a person aboard the Kayla Lynne, which was located on a City mooring in front of his home, the previous Saturday evening and the results of his calls to the Newport Beach Police Department and Harbor Patrol. He asked the Harbor Commission to remove the four moorings in front of homes and to have an enforcement officer on duty at night. Chair Kenney advised that enforcement was not within the Harbor Commission's purview and recommended Mr. Buckelew share his story with the City Council. Harbormaster Durgan added that the Kayla Lynne had left the mooring. An unidentified speaker stated boats moved to another area of the Harbor after causing problems. Harbormaster Durgan clarified the rental periods for moorings in front of Marina Park. Jim Mosher suggested the sharing of recreational vessels, as envisioned in the California Coastal Plan, could be a good idea within Newport Harbor. 5) APPROVAL OF MINUTES – Minutes of March 14, 2018 Commissioner Girling moved approval of the draft Minutes for the March 14, 2018, meeting as presented. Commissioner Blank seconded the motion. The motion carried by the following roll call vote: Ayes: Chair Kenney, Commissioner Girling, Commissioner Cunningham, Commissioner Blank, Commissioner Drayton Abstaining: Commissioner McIntosh Absent: Commissioner Beer 6) CURRENT BUSINESS 2 1. City Harbormaster Report on Harbor Operations and On-Water Code Enforcement City Harbormaster Dennis Durgan will provide an update on Harbor Operations and on-water code enforcement activities. 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. Harbormaster Durgan reported 11 vessels have been impounded in the past 30 days, and six of the 11 were released upon payment of citations. Since the last meeting, Code Enforcement Officer Matt Cosylion has opened 17 cases, sent eight Notices of Violation, and issued zero citations. Nightly rentals are averaging 30. Staff has approved six raft-ups and received four letters of permission with more expected. In an effort to update the database, staff mailed another 900-plus letters requesting permittees' current information. If permittees do not submit current information, staff can initiate revocation of the mooring. One hundred to 150 moorings have exceeded the two-year timeframe for service; therefore, staff mailed 42 letters regarding service and will mail another 30 in June and 40 in August. Vessels that were not sold during the recent auction will be destroyed. Four vessels are ready for destruction, and 12 are ready for auction. Staff is working through the process to auction four Coast Guard-registered vessels. Two pump-out stations were out of service for a day. In response to questions, Harbormaster Durgan advised that the 12 vessels ready for auction are stored on moorings. Assistant City Manager Carol Jacobs explained that staff is creating a system for Lifeguards to respond to complaints after hours. Lifeguards are peace officers and have the power to resolve issues or call police. Commissioners suggested staff provide the brochure of rules to the vessels on moorings and schedule a discussion to delineate the responsibilities of the Orange County Sheriff's Department and City staff. 2. City Water Quality Program Review City Senior Engineer John Kappeler will present an overview of the City's Water Quality Program. 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. Senior Engineer John Kappeler reported that staff tests 35 sites in the Bay and ocean weekly for bacteria and shares the data on the website www.ocbeach.com. If testing shows an exceedance of bacteria, staff posts a warning sign on the beach. In the event of a sewage spill, a beach will be closed. Orange County Public Health Department and Heal the Bay compile data for Southern California and issue annual reports. Four beaches in Newport Beach made Heal the Bay's honor roll. In dry weather, test results are typically good. The City has a five-year National Pollutant Discharge Elimination System (NPDES) permit which mandates a variety of City actions. Trash, bacteria, and sediment are major concerns. There were four permanent postings in the Bay where test results routinely failed water quality standards. Through cleanup efforts, the City has been allowed to remove three of the four signs. Projects to improve water quality include diverting storm runoff from the two drain pipes located near Harbor Marina; adding at least 1,000 new catch basin screens in the next nine years; adding more trash booms and upgrading or replacing the existing trash boom; holding cleanup events around the Bay; completing construction of a facility to capture 3 trash and diverting all dry-weather and some wet-weather runoff from the Santa Ana-Delhi Channel; constructing a custom Continuous Deflective Separation (CDS) unit; constructing a water wheel; and rebuilding the harbor hazardous waste drop-off facility and potentially constructing two more. Commissioners requested Senior Engineer Kappeler investigate disposal of expired flares at the hazardous waste drop-off facility and incentives for underwater divers to collect trash. In reply to Chair Kenney's question, Senior Engineer Kappeler explained that the total maximum daily load (TMDL) for sedimentation does not cover the Lower Bay, which makes it difficult for the City to request partners' help with sediment in the Lower Bay. 3. Council Policy Manual Update: H-1 Harbor Permit Policy The Harbor Commission will review Council Policy H-1 and recommend that it be forwarded to the City Council for 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) Review and approve updates to Council Policy H-1 and recommend that it be forwarded to the City Council for final approval. Harbor Resources Manager Miller reported the City Attorney carefully reviewed Policies H-1, H-2, H-3, H- 4, and H-5 as recommended by the Harbor Commission, and staff decided not to present proposed Policy H-1 to the Council. The Council recently approved proposed Policies H-2, H-3, H-4, and H-5. Proposed Policy H-1 focuses on brevity and providing the Harbor Commission discretion to approve construction of a dock beyond the pierhead line. If a dock owner wishes to rebuild an existing dock, which extends past the pierhead line, in the same configuration and to the same length, then staff can approve it under proposed Policy H-1. If a dock owner wishes to rebuild an existing dock, which extends past the pierhead line, in a different configuration and to a greater length, then the Harbor Commission must approve it. Should the Harbor Commission and City Council approve proposed Policy H-1, staff anticipates developing a consent calendar item for Harbor Commission approval of noncontroversial dock projects. In answer to Commissioner questions, Deputy City Attorney Ann Ewing advised that GIS maps would not be relevant to Harbor Commission decisions because those decisions are based on three factors. The maps could be used to determine whether a dock project impacts adjacent property owners. Harbor Resources Manager Miller estimated two to four projects would be presented to the Harbor Commission monthly. Commissioner Blank clarified staff's ability to approve repairs to an existing, permitted pier. Pete Swift suggested three or four projects would be presented to the Harbor Commission each month. Mr. Swift voiced concerns regarding Harbor Commission approval for a different dock configuration and increasing the time to obtain a permit. Jim Mosher did not understand to which agency or agencies approvals in concept were submitted. He shared Mr. Swift's concerns. The proposed policy appears to be no policy. The policy should contain a provision for notice to the public. Commissioners and staff discussed including a notice provision, additional time of two to three weeks for noticing, side property setbacks, the lack of a notice provision in the existing policy, and submitting only major modifications to agencies if the City had greater jurisdiction. 4 Commissioner Blank moved to approve updates to Council Policy H-1 as proposed and recommend that it be forwarded to the City Council for final approval. Commissioner Drayton seconded the motion. The motion passed by the following roll call vote: Ayes: Chair Kenney, Commissioner Girling, Commissioner Cunningham, Commissioner Blank, Commissioner Drayton, Commissioner McIntosh Noes: none Abstaining: none Absent: Commissioner Beer 4. Proposed Harbor Speed Limit Exceptions The Harbor Commission will review the proposed harbor speed limit exceptions for human or wind-powered vessels for events such as races and practices as well as exceptions to support vessels to those human or wind-powered vessels during those events. 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 and approve the proposed harbor speed limit changes to the Municipal Code and recommend they be forwarded to the City Council and the State for review and approval. Harbor Resources Manager Miller reported the objective of the item is to create an exception to the speed limit of 5 nautical miles per hour for permitted events that require speeds in excess of the speed limit. If the Harbor Commission approves the exception, then staff will present it to the City Council and then the State for approval. Since the topic first surfaced in 2007, staff and the committee has conducted outreach with Harbor stakeholders and law enforcement officials and researched exceptions in other harbors. The boating community remains concerned about memorializing an exception to allow vessels in certain permitted events to exceed the speed limit. The County supports an exception as long as events take place on City tidelands; 85 percent of the Harbor is located within City tidelands. Staff feels there is a good chance the State will approve an exception. The exception probably cannot be approved and implemented before the 2018 summer race season. Commissioners considered revising provisions to include hands and/or feet in Section 17.01.030R.1.a and specific dates and times of events and concluded these revisions to Code sections are not necessary. Jim Mosher proposed revisions of remove "of the Harbor Resources Manager" from Section 17.65.010D and add "otherwise" at the beginning of Section 17.20.070D.3. Commissioners concurred with revising Section 17.20.070D.3 to "otherwise comply with this Code" and Section 17.65.010D to "decisions resulting from the Harbor Resources Manager or Harbormaster's administration of this Code." Commissioner Drayton moved to approve the proposed harbor speed limit changes, as revised, to the Municipal Code and recommend they be forwarded to the City Council and the State for review and approval. Chair Kenney seconded the motion. The motion passed by the following roll call vote: Ayes: Chair Kenney, Commissioner Girling, Commissioner Cunningham, Commissioner Blank, Commissioner Drayton, Commissioner McIntosh Noes: none Abstaining: none Absent: Commissioner Beer 5 5. Harbor Commission 2018 Objectives: Ad Hoc Committee Updates Each ad hoc committee studying their respective Functional Area within the Commission's 2018 Objectives will provide a progress update. 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. For Functional Area 1, Commissioner Cunningham reported staff and he met with the Army Corps of Engineers regarding the RGP-54, and the Corps' feedback was positive. For Functional Area 2, Commissioner Drayton advised that the committee will explore an annual review of Harbor operations over the next 90 days, particularly Code enforcement issues. For Functional Area 3, Commissioner Beer was absent hence there was no report. For Functional Area 4, Commissioner McIntosh indicated the form for marine activity permits (MAPs) has been reformatted, but the content remains the same. The committee plans to make the forms more appropriate for the specific types of boats they cover. For Functional Area 5, Commissioner Girling reported the committee identified some issues related to charter boats and their operations and concluded a public study session to obtain feedback would be the best course of action. Functional Area 6, Commissioner Blank advised that Assistant City Manager Jacobs supports the committee's approach for public meetings and has provided resources for the committee. 7) COMMISSIONER ANNOUNCEMENTS (NON-DISCUSSION ITEMS) Commissioner Drayton announced the Baldwin Cup Team Race is underway through Saturday. Commissioner Blank noted the bait barge has returned and is located in a slightly different, but permissible, location. Chair Kenney hoped the recommendations of the standup paddle board safety committee would be presented to the City Council on April 24. 8) QUESTIONS AND ANSWERS WITH HARBOR RESOURCES MANAGER ON HARBOR RELATED ISSUES Harbor Resources Manager Miller reported the U.S. Coast Guard survey regarding conversion of Harbor markers expires April 13. Staff has requested Coast Guard permission for the trial anchorage. He anticipates receiving Coast Guard approval in the next week, after which he will seek Council approval at its first meeting in May. If all goes well, the anchorage could be installed by Memorial Day weekend. The Coast Guard has asked to be included in the trial anchorage. Staff will work with the Coast Guard to develop a process for inclusion of the Coast Guard once Coast Guard approval is obtained. New signage will be installed on public piers on the Peninsula in the next few weeks. New signage for public piers on Balboa Island will be ordered soon. Staff has placed an order for bridge height signage and expects to install them by the beginning of summer. The Grand Canal public pier was reinstalled in January. 6 9) PUBLIC COMMENTS ON SUBCOMMITTEE REPORTS OR QUESTIONS AND ANSWERS WITH HARBOR RESOURCES MANAGER Jim Mosher remarked that the Port Master Plan appears to be a waste of taxpayer dollars and City resources. If the City promotes a Port Master Plan and the legislation fails, the City could appear to be inadequate stewards of public resources. 10) MATTERS WHICH COMMISSIONERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON-DISCUSSION ITEM) Commissioner Girling requested a future agenda item regarding Code enforcement responsibilities of the City and of the Sheriff's Department within the Harbor. Perhaps a discussion should follow the transition to Lifeguards responding to after-hours calls. Chair Kenney reiterated his request for a brief report regarding timelines for disposition of vessels impounded by the City, the County, and/or State or Federal Government. 11) DATE AND TIME FOR NEXT MEETING: Wednesday, May 9, 2018 12) ADJOURNMENT There being no further business to come before the Harbor Commission, the meeting was adjourned at 8:43 p.m. NEWPORT BEACH Harbor Commission Staff Report CITY OF May 9, 2018 Agenda Item No. 1 ABSTRACT: Pursuant to its authority under the Newport Beach Municipal Code (“NBMC”) and the Harbors and Navigation Code (“HNC”), the City may remove, impound and store vessels for certain violations and/or under certain conditions that occur in Newport Harbor. Following proper removal, City staff may sell or dispose of these vessels in a manner approved under the law. RECOMMENDATION: 1. 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. 2. Receive and file. FUNDING REQUIREMENTS: No additional funding required. DISCUSSION: Background: The City manages the tidelands, pursuant to various legislative grants from the State of California. The City assumed direct management of the Harbor and the mooring fields TO: Harbor Commission FROM: Dennis Durgan, Harbormaster PREPARED BY: Matt Cosylion, Code Enforcement Supervisor PHONE: 949-644-3217 TITLE: Impound and Lien Sale Process Impound and Lien Sale Process May 9, 2018 Page 2 from the Orange County Sheriff's Department in July 2017. As part of this transition, the Harbormaster and Code Enforcement staff are now responsible for impounding, storing, and disposing of vessels and other recreational equipment that are found to be abandoned, unsafe or utilizing private or public moorings or docks without approval. Additionally, staff my revoke a mooring permit when the permittee is in violation of the conditions of approval upon which the permit was issued. IMPOUND AND LIEN SALE PROCESS Pursuant to the City’s authority under the NBMC and the HNC, vessels and other recreational equipment are generally impounded for the following reasons: • Unauthorized use of a mooring (Squatting, non-payment of mooring fees) • Abandoned at anchorage • Abandoned at public dock • Abandoned and a hazard to navigation • Private party impound authorization – in slip at private marina without authorization • Discarded vessels not claimed after 5 days City staff are required to provide notification to the last registered owner of the vessel of the date and reason(s) for the impound, any outstanding fees, and contact information for the Harbormaster’s Office. If the vessel/equipment is not claimed, the vessel may be sold or disposed of in a manner and under the timeframes outlined below. For any registered vessel, the City will wait a minimum of 30 days before initiating any type of sale or removal process. Unregistered equipment/vessels with an estimated value of less than $2,000 Pursuant to Harbors and Navigation Code 526, unregistered equipment and vessels that have an estimated value of less than $2,000 may be sold at an auction or destroyed at the discretion of the Harbormaster. This type of unregistered vessel/equipment typically includes, but is not limited to, paddleboards, kayaks, vessels under eight feet without an outboard, and small, rubberized watercraft. Prior to the removal and destruction or auction of unregistered vessels, the City must follow the notification process outlined in Attachment A. California DMV Registered (“CF”) Vessels Abandoned or unseaworthy CF vessels may be sold at a public auction through a lien sale process. This process allows the City to recover costs associated with towing, Impound and Lien Sale Process May 9, 2018 Page 3 impound, and storage of an abandoned and unseaworthy vessel, while ensuring that owners are given proper due process to prevent a sale. The lien sale process is outlined in Harbors and Navigation Code Section 500 et seq. In general, it consists of working with the California Department of Motor Vehicles (“DMV”) to provide registered and legal vessel owners (as well as anyone known to have an interest in the vessel) notice of removal/impound, as well as a notice of lien. Prior to the removal and auction or destruction of registered vessels, the City must follow the notification process outlined in Attachment B. Due to the time and staff resources that it takes to ensure the lien sale process is completed according to the law, the City only holds two auctions per year. As such, vessels may remain stored in the Harbor or at various off-site locations, including the Orange County Sheriff’s Office and Balboa Yacht Basin, for up to 6-9 months. Coast Guard Documented Vessels To auction an impounded U.S. Coast Guard (“Coast Guard”) documented vessel, City staff must follow a detailed and extensive abatement process provided through the Federal Government. A high-level overview of the process is as follows: 1. Obtain the vessel’s Abstract of Title from the Coast Guard; 2. Send registered/legal owners, as well as any other lien holders, a Notice of Intent to file a Maritime Lien; 3. File a Notice of Claim of Lien with the Coast Guard and notify all above-referenced parties; and 4. If the owner is unable or unwilling to pay the debt and satisfy the lien, the City may: a. Wait until the vessel is sold; or b. Arrest the vessel in US District Court and have it sold to satisfy the debt. Abandoned and unseaworthy vessels registered with the Coast Guard may also be removed and salvaged under a separate process. The process is highly fact specific, Impound and Lien Sale Process May 9, 2018 Page 4 and the City works closely with the U.S. Coast Guard and the County to dispose of these vessels when the situation arises. City staff is currently working with an outside vendor to assist with the removal of vessels that do not have current Coast Guard documentation REVOCATION OF MOORING PERMITS Mooring permits may be revoked when the permittee fails to comply with the terms and conditions upon which the permit was issued as outlined in NBMC Section 17.60.040(K)(1) and NBMC Section 17.70.020(A). Mooring permits are generally revoked due to a permittee’s failure to pay mooring fees or rent, or for not maintaining their vessel in an operable and seaworthy condition. To ensure that permittees have ample opportunity to correct a violation, staff follows a standard abatement process prior to referring the matter to the Harbor Commission for a revocation hearing (Attachment C). 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. NOTICING: 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 – Impound/Lien Sale Process (Non-CF) Attachment B – Impound/Lien Sale Process (CF) Attachment C – Nuisance Abatement Process ATTACHMENT A 72 hour notice if pending impoundImpound/Notice to registered owner, if knownDestruction of Non-Seaworthy vessels after 30 daysImpound/Lien Sale Process (Non-CF )Destroyed if not sold at AuctionReady for Auction ATTACHMENT B Impound (Notice posted/mailed)Lien Sale Notification60- 35 days prior to auction If DMV notices ‘Stop lien’-notification process starts overAuctionVessel Release 10 days after auction if CF/ immediately if not CF (if sold at auction)Destruction of vessel (if not sold at auctionImpound/Lien Sale Process (CF )If impounded between:January- June: September Auction (with October removal if not sold)July- December: March Auction (with April removal if not sold)For any registered vessel, the City will wait a minimum of 30 days before initiating any type of sale or removal process. ATTACHMENT C Notice of Violation (NOV)7-10 days to respondNUISANCE ABATEMENT PROCESSAppeals- Permittee has 14 days to appeal the decision of the Harbor Commision.Reversion- Permittee has 30 days to remove mooring equipment and the vessel.Total Days: Approximately 49 days from start of abatement process to revocation hearing.Approximately 55 days from revocation to reversion.Administrative Citation ($100 )7-10 days to respond.Final Notice of Violation 7-14 days to respond.Notice of Revocation HearingNotice is mailed 15 days prior to the hearingHearing Results Within ten days, the Harbor Commission shall render a decision. NEWPORT BEACH Harbor Commission Staff Report CITY OF May 9, 2018 Agenda Item No. 2 ABSTRACT: Mooring permits may be revoked for failure to comply with any of the regulations listed in Newport Beach Municipal Code ("NBMC") Sections 17.60.040(K)(1) and 17.70.020(A). According to NBMC Chapter 17.70.020(B), the Harbor Commission shall conduct a public hearing prior to revoking a mooring permit. RECOMMENDATION: 1. 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. 2. Hold a public hearing, consider the relevant evidence, and if justified under NBMC Sections 17.60.040(K)(1) and 17.70.020(A), revoke Mooring Permit H-81 based on the following reasons: a) Failure to maintain the vessel in compliance with the applicable mooring regulations in NBMC Section 17.25.020(I)(2) and make the necessary repairs as requested by the City. NBMC Section 17.60.040(K)(1)(a) b) Failure and/or refusal to allow an inspection of the vessel to determine if it is seaworthy and operable. NBMC Section 17.60.040(K)(1)(b). c) Failure to comply with the conditions upon which the permit was issued. NBMC Section 17.70.020(A)(8). TO: Harbor Commission FROM: Chris Miller, Harbor Resources Manager PREPARED BY: Matt Cosylion, Code Enforcement Supervisor PHONE: 949-644-3217 TITLE: Mooring Revocation: H-81 Mooring Revocation: H-81 May 9, 2018 Page 2 FUNDING REQUIREMENTS: If the mooring permit is revoked, the permittee must recover the mooring equipment and/or the vessel within 30 days of reversion, or the City may auction the equipment and vessel or otherwise dispose of them in a manner approved by law. The permittee shall be entitled to payment from the City of the fair value of the mooring equipment as depreciated by use in an amount to be determined by the Harbor Resources Manager as set in the City’s master fee resolution, NBMC 17.60.040(L)(1)(2). DISCUSSION: Background: The City manages the tidelands pursuant to various legislative grants from the State of California. The City leases the tidelands to third parties through a series of permits, franchises, and leases. One of the permits administered by the City is the mooring permit. A mooring permit is a temporary use of a specific location within Newport Harbor. The Harbor Resources Manager may issue a mooring permit, which allows an individual to use a portion of the waters of Newport Harbor for the mooring of a vessel. The City assumed direct management of the mooring fields from the Orange County Sheriff's Department in July 2017. As part of this transition, Harbor Operations and Code Enforcement staff inspected the moorings to determine if the vessels have current registration, insurance, and they are maintained in compliance with the mooring regulations in NBMC Section 17.25.020(I). Mooring and Vessel Description: Mooring Permit H-81 ("the Permit") was issued to Mr. John Brelin on August 27, 2008, by the Orange County Sheriff's Harbor Patrol Division. Mooring H-81 is located east of Marina Park in the “H” mooring field (Attachment A). The vessel currently moored on H-81 is the Escape, a 50-foot-long, recreational sailboat. The owner has not provided a current certificate of documentation or vessel registration and proof of insurance coverage to the City. Enforcement: City staff initially inspected H-81 on October 10, 2017 and noted the following violations of NBMC Section 17.25.020(I): Mooring Revocation: H-81 May 9, 2018 Page 3 a) Propagation of unsanitary conditions from the accumulation of dirt and fecal matter b) Chipped, peeling, and weathered paint c) The vessel appeared to be inoperable and not seaworthy d) Lack of current registration/documentation and insurance Based on the appearance of the vessel and lack of documentation, Code Enforcement staff mailed a Notice of Violation to the owner on October 10, 2017. Subsequent inspections of the vessel resulted in the following enforcement activity (Attachment B): • $100 administrative citation mailed on November 22, 2017 • Notice of Intent to Revoke mailed on December 4, 2017 • Second Notice of Intent to Revoke mailed on December 15, 2017 • Notice of Revocation Hearing mailed and posted on March 30, 2018 • Final Notice for insurance and registration mailed on April 2, 2018 In addition to the above correspondence, City staff have met with the permittee to discuss the condition of the vessel and the required repairs; however, the permittee has not contacted staff in response to the Notice of Revocation Hearing dated March 30, 2018. Grounds for Revocation NBMC Sections 17.60.040(K)(1) and 17.70.020(A) provide that when a permittee has breached or failed to comply with the terms and conditions contained in the permit or upon which the permit was granted, the Harbor Commission may revoke the permit. Following are the grounds for revocation specific to H-81: 1. NBMC Section 17.60.040(K)(1)(a) - Failure to maintain the vessel in compliance with the mooring regulations in NBMC Section 17.25.020(I), which include seaworthiness, operability, and keeping a vessel free of excessive dirt, debris, and animal feces. 2. NBMC Section 17.60.040(K)(1)(b) – The owner has failed, or refuses, to allow an inspection to determine if the vessel is seaworthy and operable and/or a public nuisance. 3. NBMC Section 17.70.020(A)(8) – Failure to comply with the terms and conditions of the permit as outlined in NBMC Section 17.60.040(B)(2). • Provide proof of insurance to the City • Provide registration or other proof of controlling possessory right in the assigned vessel Mooring Revocation: H-81 May 9, 2018 Page 4 Revocation Hearing Pursuant to NBMC Sections 17.60.040(K)(2) and 17.70.020(B), a revocation hearing is scheduled before the Harbor Commission to provide a forum for the permittee to present evidence to the Harbor Commission explaining why the mooring permit should not be revoked. The Harbor Commission presides over the hearing, receives relevant evidence, and renders a decision. The City must provide the permittee at least fifteen (15) days’ notice of the time, date, and place of the hearing. The City mailed a notice by first class and certified US Mail on March 30, 2018, and posted a copy of the notice on the vessel. Additionally, a notice of public hearing was placed in the Daily Pilot (Attachment C). Moorings Reverted to the City Should the Harbor Commission vote to revoke the Permit, the mooring will revert to the City per NBMC Section 17.60.040(L). The permittee shall be entitled to recover all of the mooring equipment and the vessel within 30 days of reversion. If the permittee does not recover the equipment/vessel, the City may auction the equipment/vessel or dispose of them in a manner approved by the law. The City may publicly auction the mooring, or the City can use the mooring for other purposes such as renting to a sub-permittee. APPEAL PERIOD: Should the Harbor Commission render a decision to revoke the mooring permit, staff will send a Notice of Decision to the permittee. The decision to revoke a permit shall become final fourteen (14) days after the date of the decision unless appealed. 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. NOTICING: 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 Revocation: H-81 May 9, 2018 Page 5 ATTACHMENTS: Attachment A – Mooring Permit and “H” Mooring Field Map Attachment B – Correspondence to Permittee Attachment C – Notice of Public Hearing, Daily Pilot Attachment D – H-81, Pictures Dated May 1, 2018 Attachment E - Newport Beach Municipal Code References ATTACHMENT D ATTACHMENT E Newport Beach Municipal Code References NBMC 17.25.020(I)(2,3)(e,f) I. Mooring, Anchoring and Vessel Condition Requirements 2. Vessel Condition—Seaworthiness and Operability. Vessels assigned to a mooring by permit must be maintained in an operable and seaworthy condition. If, based upon the appearance of the vessel, inspection by the City or Orange County Harbor Patrol or other facts, the Harbor Resources Manager has cause to believe a vessel is not seaworthy and operable, the Harbor Resources Manager shall give written notice in accordance with the service requirements of Section 1.05.030 of this Code to the permittee requesting a demonstration that the vessel is seaworthy and operable. The permittee shall, upon written notice specifying the date and time, demonstrate to the Harbor Resources Manager that the vessel assigned to the mooring is seaworthy or operable. In the event that the Harbor Resources Manager determines that vessel is not seaworthy or operable, the permittee shall: (a) commence repairs within thirty (30) days upon service of the written notice of such determination and complete repairs within ninety (90) days of the commencement unless the Harbor Resources Manager, upon written request from the permittee specifying the reasons therefor, approves an extension of time to complete the repairs; or (b) remove the vessel within thirty (30) days of service of the written notice of such determination and request assignment of a different vessel that is seaworthy and operable to the mooring within sixty (60) days after the removal of the vessel. This section is not intended to apply to any brief period of repair common to most vessels. The Harbor Resources Manager may repeat his or her request to test operability and seaworthiness as needed. 3. It is unlawful and a public nuisance for any person owning, leasing, occupying or having charge or possession of any vessel in the City, to maintain, permit, cause or allow to exist on such vessel any of the following conditions: e. Contribution to hazards to public safety and health, such as, but not limited to: propagation of vermin, rats, insects, unsanitary conditions from the accumulation of fecal materials; f. Maintenance in such nonseaworthy condition that it is unsafe, unsightly or poorly maintained, including, but not limited to: broken windows, unsecured doors and hatches, excessive marine growth attached to the vessel, the vessel is inoperable for its intended use, partially destroyed or partially repaired for more than three continuous months, provides access to marine mammals, is actively seeping hazardous or toxic material into the surrounding waters, and would present a physical danger to public safety personnel during emergency access; NBMC 17.60.040(B)(2)(f,g) B. Issuance of Permit—Conditions. 2. Permit Requirements. Each mooring permit may be issued for up to two natural persons (“mooring permittee(s)”) who shall be individually and collectively responsible for all activities related to the mooring permit. To the satisfaction of the Harbor Resources Manager, the mooring permittee(s) shall: f. Provide proof of insurance on a vessel as may be determined by the City’s Risk Manager; g. Provide registration or other proof of controlling possessory right in the assigned vessel, all to the satisfaction of the Harbor Resources Manager; NBMC 17.60.040(K)(1)(a-e)(2,3) K. Revocation of Permit. 1. Grounds for Revocation. A mooring permit or sub-permit may be revoked upon any of the following grounds set forth in Section 17.70.020 or for any of the following: a. The moored vessel or the mooring equipment has been determined to violate the applicable mooring regulations in Section 17.25.020, and the mooring permittee or sub-permittee has not made the necessary corrections or repairs within the time required; b. The mooring permittee or sub-permittee has failed or refused to allow an inspection of the vessel to determine if it is seaworthy and operable, a public nuisance or in compliance with applicable marine sanitation device requirements; c. Living aboard a vessel assigned to a mooring without a live-aboard permit unless otherwise noted in subsection (G) of this section; d. When the mooring permittee or sub-permittee fails to pay any mooring rent or fee when due and is in arrears for a period of sixty (60) days or more; or e. When the mooring permittee has sublet their mooring in violation of this title 2. Notice and Hearing. In the event the Harbor Resources Manager determines there are grounds to revoke a permit issued pursuant to this chapter, the Harbor Resources Manager shall proceed in the manner described by Section 17.70.020. 3. Upon revocation, it shall be the duty of the mooring permittee to immediately remove the mooring equipment and any moored vessel. If not removed within thirty (30) days of revocation of the permit, the mooring equipment shall vest in the City and may be auctioned by the City to another person or may be removed by the Harbor Resources Manager and the cost of mooring equipment removal shall be paid by the mooring permittee. Any moored vessel or equipment not removed within thirty (30) days may be impounded by the City and disposed of in the manner provided by law. City incurred costs of removal of mooring equipment or any vessel moored thereto may be charged against the permittee and collected in any court of competent jurisdiction or recovered by the City from the proceeds of sale of the vessel or mooring equipment. NBMC 17.60.040(L)(1-3) L. Moorings Reverting Back to City. Should a mooring revert back to the City for any reason, whether through abandonment, surrender, failure to provide documents pursuant to subsection (F) of this section, or for any other reason, the following shall apply: 1. The mooring permittee shall be entitled to recover all of mooring permittee’s mooring equipment within thirty (30) days of reversion. 2. If mooring permittee does not recover his or her mooring equipment, mooring permittee shall be entitled to payment from the City of the fair value of the mooring equipment as depreciated by use in an amount to be determined by the Harbor Resources Manager and as set in the City’s master fee resolution, after any and all past due rent and fees, if applicable, have been satisfied. 3. The mooring may be publicly auctioned by the City, or the City’s designated representative, or the mooring may be used for other City purposes. NBMC 17.70.020(A)(1-9) A. Ground for Revocation. Unless otherwise provided by the terms of a permit, any permit heretofore or hereafter granted for any structure, work, or activity in the waters of Newport Harbor or the Pacific Ocean may be revoked by the Harbor Commission upon any of the following grounds: 1. The work, structure, use or activity has become detrimental to commerce, navigation or fishing; 2. The work, structure, use or activity is detrimental to the use, operation or development of the harbor; 3. The work, structure, use or activity has become a source of pollution of the harbor; 4. The work, structure, use or activity does not comply with the permit or does not meet the standards adopted by the Harbor Commission for such work or structure; 5. The permittee has failed for a period of sixty (60) days to pay the fee or fees heretofore or hereafter imposed for the occupancy of tidelands, filled tidelands or submerged lands upon which such work or structure exists; 6. The work or structure has fallen into a state of disrepair; 7. The space occupied by such work or structure is over public trust land and such space is to be devoted to a more necessary public use; 8. The permittee has breached or failed to comply with the terms or conditions contained in the permit or upon which the permit was granted; 9. The work, structure, use or activity violates the terms of the tidelands trust grants to the City. NBMC 17.70.020(B-E) B. Notice and Hearing. Any such permit shall be revoked only after a public hearing before the Harbor Commission at which the permittee has an opportunity to be heard. At least fifteen (15) days’ notice of such hearing shall be given in writing by first class mail with postage prepaid addressed to the address of the permittee shown on such permit, setting out the date, time and place of hearing. The Harbor Commission may preside over the hearing or, in the alternative, appoint a Hearing Officer to conduct the hearing, receive relevant evidence and to submit to the Harbor Commission findings and recommendations to be considered by the Harbor Commission. The Harbor Commission shall render its decision within forty-five (45) days from the date of the hearing or, in the event that a Hearing Officer has been appointed, within forty-five (45) days from the date on which the Harbor Commission receives the findings and recommendations of the Hearing Officer. The decision of the Harbor Commission shall be final. C. Decision and Notice. Within ten days of the conclusion of the hearing, the Harbor Commission shall render a decision. The City Clerk shall notify the permittee or applicant of the decision of the Harbor Commission. D. Effective Date. The decision to revoke a permit shall become final fourteen (14) days after the date of decision, unless appealed or called for review. E. Rights of Appeal or Call for Review. Appeals or calls for review shall be as prescribed by Chapter 17.65, or any successor chapter. MOORING H-81 REVOCATION HEARING May 9, 2018 ADDITIONAL MATERIALS PRESENTED AT MEETING Harbor Commission May 09, 2018 Violations Enforcement Summary Relevant Code Sections Revocation Process Questions Vessel is not operable and/or seaworthy Unsightly and poorly maintained Lacks current registration/documentation Requires proof of insurance Notice of Violation -November 10, 2017 $100 Administrative Citation, November 22, 2017 Notice of Intent to Revoke, December 4, 2017 Notice of Intent to Revoke -December 15, 2017 Notice of Revocation Hearing –March 30, 2018 Request for Insurance/registration-April 2, 2018 NBMC Section 17.60.040(K)(1)(a,b) - Grounds for Revocation. A mooring permit or sub-permit may be revoked upon any of the following grounds set forth in Section 17.70.020 or for any of the following: a.The moored vessel has been determined to violate the applicable mooring regulations in Section 17.25.020, and the mooring permittee has not made the necessary corrections or repairs within the time required; b.The mooring permittee or sub-permittee has failed or refused to allow an inspection of the vessel to determine if it is seaworthy and operable, a public nuisance or in compliance with applicable marine sanitation device requirements; NBMC Section 17.25.020(I)(3)(e,f) - e. Contribution to hazards to public safety and health, such as, but not limited to: propagation of vermin, rats, insects, unsanitary conditions from the accumulation of fecal materials; f. Maintenance in such nonseaworthy condition that it is unsafe, unsightly or poorly maintained, including, but not limited to: broken windows, unsecured doors and hatches, excessive marine growth attached to the vessel, the vessel is inoperable for its intended use, partially destroyed or partially repaired for more than three continuous months,… NBMC Section 17.70.020(A)(8) - Ground for Revocation. Unless otherwise provided by the terms of a permit, any permit heretofore or hereafter granted for any structure, work, or activity in the waters of Newport Harbor or the Pacific Ocean may be revoked by the Harbor Commission upon any of the following grounds: 8. The permittee has breached or failed to comply with the terms or conditions contained in the permit or upon which the permit was granted; NBMC Section 17.60.040(B)(f,g) – f. Provide proof of insurance on a vessel as may be determined by the City’s Risk Manager; g. Provide registration or other proof of controlling possessory right in the assigned vessel, all to the satisfaction of the Harbor Resources Manager; Decision and notice within ten (10) days Appeal Period -Fourteen (14) days Removal of vessel and mooring equipment within thirty (30) days by permittee Abatement, if necessary •Removal of the vessel •Public auction or other use of mooring equipment •Reimburse permittee at fair market value for mooring equipment NEWPORT BEACH Harbor Commission Staff Report CITY OF May 9, 2018 Agenda Item No. 3 TO: HARBOR COMMISSION FROM: Dennis Durgan, Harbormaster – 949-270-8158, ddurgan@newportbeachca.gov PREPARED BY: Chris Miller, Harbor Manager – 949-644-3043, cmiller@newportbeachca.gov TITLE: City Harbormaster Report on Harbor Operations ______________________________________________________________________ ABSTRACT: City Harbormaster Dennis Durgan will provide an update on 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 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. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the Harbor Commission considers the item). NEWPORT BEACH Harbor Commission Staff Report CITY OF May 9, 2018 Agenda Item No. _4_ TO: HARBOR COMMISSION FROM: Chris Miller, Harbor Manager - 949-644-3043, cmiller@newportbeachca.gov TITLE: Harbor Commission 2018 Objectives: Ad Hoc Committee Updates ______________________________________________________________________ ABSTRACT: Each ad hoc committee studying their respective Functional Area within the Commission’s 2018 Objectives will provide a progress update. 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 2018 Objectives: Ad Hoc Committee Updates May 9, 2018 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 2018 Objectives City of Newport Beach Harbor Commission Purpose & Charter Newport Harbor supports numerous recreational and commercial activities, waterfront residential communities and scenic and biological resources. The purpose of the Harbor Commission is to provide the City of Newport Beach with an advisory body representing these diverse uses of Newport Harbor and its waterfront. 1. Advise the City Council in all matters pertaining to the use, control, operation, promotion and regulation of all vessels and watercraft within Newport Harbor. 2. Approve, conditionally approve, or disapprove applications on all harbor permits where the City of Newport Beach Municipal Code assigns the authority for the decision to the Harbor Commission. 3. Serve as an appellate and reviewing body for decisions of the City Manager on harbor permits, leases, and other harbor-related administrative matters where the City of Newport Beach Municipal Code assigns such authority to the Harbor Commission. 4. Advise the City Council on proposed harbor-related improvements. 5. Advise the Planning Commission and City Council on land use and property development applications referred to the Harbor Commission by the City Council, Planning Commission, or the City Manager. 6. Make recommendations to the City Council for the adoption of regulations and programs necessary for the ongoing implementation of the goals, objectives, policies of the Harbor and Bay Element of the General Plan, the Harbor Area Management Plan, and the Tidelands Capital Plan. 7. Advise the City Council on the implementation of assigned parts of the Tidelands Capital Plan such as: • Dredging priorities • In-bay beach sand replenishment priorities • Harbor amenities such as mooring support service areas and public docks Harbor Commission - 2018 Objectives The following 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 2018 Objectives are subject to the review and approval of the Commission, and final approval by the Newport Beach City Council. Harbor Commission ad hoc committees, as established by the Commission, bear principal responsibility for coordinating the Commission’s efforts, along with staff support, in achieving these Objectives. City of Newport Beach - Harbor Commission 2018 Objectives Updated February 15, 2018 2018 Objectives Functional Area 1.1 Identify sustainable low-cost solutions to dredge the deep-water channels throughout the harbor. 1.2 Identify opportunities to streamline the RGP54 permit process. 1.3 Evaluate options for near shore dredging. Establish a sustainable program that consistently nourishes harbor beaches on a yearly basis. 1.0 Harbor Dredging (Cunningham, Drayton) Advise the City Council on: o Dredging methodologies o Dredging priorities o Eelgrass protection o Beach re-nourishment 2.1 Evaluate current enforcement of applicable City codes throughout the harbor. Report back to Commission by July. Future Priorities A. Work with Harbormaster’s office to evaluate mooring management and oversight. B. Identify and address derelict vessels in the harbor. 2.0 Harbor Operations and Management (Drayton, Beer) o Matters pertaining to use, control, operation, promotion, regulation of all vessels and watercraft. 3.1 Evaluate potential enhancements to city amenities provided to mooring permittees, residents and visitors. 3.2 Establish policies for modifications to mooring size. Future Priorities A. Complete evaluation for establishing day moorings off Big Corona beach. B. Evaluate options to consolidate and reduce the footprint of current mooring fields. 3.0 Harbor Amenities and Capital Improvements (Mooring Fields, Shore Facilities, Docks) (Beer, Drayton) o Advise the City Council on proposed harbor-related improvements. o Advise the City Council on harbor amenities such as mooring support service areas and public docks. 4.1 Review and update City Municipal Codes, Title 17, Harbor Policies 1-5 and Marine Activities Permits. 4.2 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. 4.0 Harbor Policies, Codes, Regulations (McIntosh, Kenney, Blank) o Approve, conditionally approve, or disapprove applications on all harbor permits. o Serve as an appellate and reviewing body for decisions on harbor permits, leases, and other harbor-related administrative matters. City of Newport Beach - Harbor Commission 2018 Objectives Updated February 14, 2018 2018 Objectives Functional Area 5.1 Establish a dialogue with representatives of the Harbor Charter Fleet industry, other commercial vessel operators and rental concessionaires to promote best practices for charter and commercial boat operations in Newport Harbor with particular attention to vessel specifications, noise and pollution control/compliance and long-range plans for berthing. 5.2 Review current rental concessionaires for safety and regulatory compliance (e.g. unpermitted rental operations for SUP’s). 5.0 Commercial, Recreational and Educational Activities (Girling, Kenney) o Matters pertaining to use, control, operation, promotion, regulation of all vessels and watercraft. o Serve as an appellate and reviewing body for decisions of the City Manager on harbor permits, leases, and other harbor-related administrative matters. 6.1 Obtain California Coastal Commission approval for a Port Plan for Newport Harbor. 6.2 Draft a Harbor Plan that can be used independently or in conjunction with an update to the General Plan and/or Harbor Area Management Plan (HAMP). Specific attention should be paid to state requirements including conservation for harbors, MLPA/MPAs and fisheries and work previously done by the Harbor Commission related to preservation of marine related activities and businesses in Newport Harbor and the Harbor Financial Master Plan. Future Priorities A. Create a Vision Statement for the Harbor describing the purposes, uses and characteristics in the year 2050. Reference how that Vision aligns with the current 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. 6.0 Long Term Vision for Harbor (Harbor Strategic Planning) (Blank, Cunningham) o Advise the City Council on the City General Plan.