HomeMy WebLinkAboutHarbor Commission Agenda - July 13, 2016CITY OF NEWPORT BEACH
HARBOR COMMISSION AGENDA
Council Chambers - 100 Civic Center Drive
Wednesday, July 13, 2016 - 6:30 PM
Harbor Commission Members:
Dave Girling, Chair
Paul Blank, Vice Chair
Joe Stapleton, Secretary
Brad Avery, Commissioner
Bill Kenney, Commissioner
Duncan McIntosh, Commissioner
Doug West, Commissioner
Staff Members:
Chris Miller, Harbor Resources Manager
Shannon Levin, Harbor Resources Supervisor
City Council Liaison:
Duffy Duffield, Council Member
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.
July 13, 2016
Page 2
Harbor Commission Meeting
5)APPROVAL OF MINUTES
Minutes of June 8, 20161.
Recommendation:
a) Approve
16-06-08 Harbor Commission Minutes - DRAFT
6)CURRENT BUSINESS
Election of Officers1.
The Harbor Commission will elect officers for the 2016-17 year.
Recommendation:
a) Elect Chairman.
b) Elect Vice Chair.
c) Elect Secretary.
Staff Report
Appeal - 2888 Bay Shore Drive (Newport Marine Reconstruction)2.
Mr. Moriarty at 2782 Bay Shore Drive is appealing the Approval in Concept issued by the Harbor
Manager on April 6, 2016 for the proposed commercial marina (Newport Marina) reconstruction
project adjacent to his property located at 2888 Bay Shore, on the basis of potential impacts to his
water area near his slip.
Recommendation:
a) Uphold the Harbor Manager’s issuance of the Approval in Concept.
Staff Report
Item #2 - Attachment A - Original AIC
Item #2 - Attachment B - Updated AIC
Item #2 - Attachment C - Moriarty Appeal
2016 Harbor Commission Narrated Harbor Tour - Ad Hoc Committee
Formation
3.
The Harbor Commission will form an ad hoc committee to plan a Commission narrated tour around
the harbor in late 2016. Preliminary ideas and details will be discussed along with a recap of the
2014 event.
Recommendation:
a) Form an ad hoc committee to plan the tour details, and to report back to the Commission at
regular intervals. Discuss preliminary ideas and suggestions based on the 2014 event.
Staff Report
Subsidized Vessel Sewage Pumpout Service in Newport Harbor - Continued4.
This item is continued to the next Harbor Commission meeting when the four selected
Commissioners are present.
July 13, 2016
Page 3
Harbor Commission Meeting
Mooring Management in Newport Harbor - Continued5.
This item is continued to the next Harbor Commission meeting when the four selected
Commissioners are present.
7)SUBCOMMITTEE REPORTS
8)QUESTIONS AND ANSWERS WITH COUNCIL LIAISON ON HARBOR RELATED
ISSUES
9)QUESTIONS AND ANSWERS WITH HARBOR RESOURCES MANAGER ON
HARBOR RELATED ISSUES
10)PUBLIC COMMENTS ON SUBCOMMITTEE REPORTS OR QUESTIONS AND
ANSWERS WITH COUNCIL LIAISON OR HARBOR RESOURCES MANAGER
11)COMMISSION ANNOUNCEMENTS OR MATTERS WHICH MEMBERS WOULD LIKE
PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT
(NON-DISCUSSION ITEM)
12)DATE AND TIME FOR NEXT MEETING: Wednesday, August 10, 2016 (Location
TBD)
13)ADJOURNMENT
NEWPORT BEACH HARBOR COMMISSION REGULAR MEETING MINUTES
City Council Chambers
Wednesday, June 8, 2016
06:30 PM
1) CALL MEETING TO ORDER The meeting was called to order at 6:30 p.m.
2) ROLL CALL
Commissioners: Dave Girling, Chair
Paul Blank
Bill Kenney
Joe Stapleton
Doug West
Duncan McIntosh
Absent: Brad Avery - Excused
Staff Members: Chris Miller, Harbor Resources Manager
Shannon Levin, Harbor Resources Supervisor
City Council Liaison: Duffy Duffield, Council Member
3) PLEDGE OF ALLEGIANCE - Council Member Duffield
4) PUBLIC COMMENTS
Prior to opening the meeting for public comments, Chair Girling reported that he spoke at the
Chamber of Commerce Marine Committee and presented the Harbor Committee’s goals and
objectives at the meeting.
Chair Girling opened public comments.
Mr. Jim Mosher commented on future agenda topics previously requested by the Commission,
and suggested they be listed on the agenda. Chair Girling responded that those topics are on
the radar to be discussed at future meetings.
Chair Girling closed public comments
5) APPROVAL OF MINUTES – May 4, 2016 Minutes
Chair Girling opened public comments
Jim Mosher offered corrections to the Minutes regarding his comments on the West Anchorage
rules.
Chair Girling closed public comments
Commissioner Kenney noted a change to the May 4th minutes; word “Implementing” should be “New” under Current Business, Item #2, West Anchorage Rules, last paragraph.
Motion: Commissioner McIntosh made a motion to approve the minutes of the Harbor Commission meeting of May 4, 2016 as amended. Commissioner Kenney seconded the motion,
which carried 6 ayes, 0 noes. Approved
6) CURRENT BUSINESS
1. Harbor Commission 2016 Objectives: Quarterly Review Every quarter, the Harbor Commission will review their 2016 Objectives.
Recommendation:
1) Receive and file.
Chair Girling opened the discussion by asking each Commissioner to provide updates on each
of their topics.
Objective 1: To ensure the long-term welfare of Newport Harbor:
• Commissioner Stapleton - Collaborate with the Marine Committee and to support the
preservation of water dependent commercial and recreational activities.
o Commissioner Stapleton will continue to work with the Marine Committee.
Commissioner Stapleton will meet with Commissioners Girling and Blank to
review a report constructed in 2010 that depicts work already completed.
Additional update to be provided at next meeting.
Commissioner West stated that this first objective is probably one of the most important
objectives they have for 2016. The preservation of water-dependent commercial and
recreational activities on the harbor is very critical, and it is important for the Harbor Commission
to be proactive in identifying what it is they are trying to preserve space for.
• Commissioner Blank - Review and include in the Harbor Code an exception for the
Harbor speed limit for sanctioned sail racing and human-powered racing events.
Background on this objective: The speed limit is routinely broken for rowing events and sailing
races that take place in the Harbor. The code needs to be clear to either allow the speed limit to
be broken for such activities or be moved elsewhere.
• Commissioner Blank - Create a forum for dialogue with representatives of the Harbor
Charter fleet to promote the development of shared vision of charter boat operation
standards. Completion date 2020.
o Commissioner Blank has not made progress with this objective and will provide
progress by end of year.
• Commissioner Kenney - RGP54 permit. Task is to work with harbor resources staff to
develop and present to the public
o Approximately 40-45 applications have been received and approximately 15 are
in process. Commissioner Kenney reported that there are two issues related to
the RGP54 permit process. The first is that an engineer is needed to prepare the
application. Additionally, there's only one company currently equipped to process
the applications. Commissioner Kenney concluded that the goal is to inform the
general public, those with docks, that the permits will not be processed and
achievable unless one or two more dredges are brought into the harbor.
• Commissioner Stapleton: Support harbor resources division staff and the harbor patrol in
their efforts to identify and resolve the ongoing derelict vessels.
o A grant was received from the State of California for $120,000.00 and
approximately 12 derelict vessels have been disposed of.
Objective 2: To promote Newport Harbor as the preferred and welcoming destination for tourists
and residents alike.
• Commissioner Avery (reported by Commissioner McIntosh) - Complete the evaluation of
public moorings and anchorage alternatives, which include the temporary anchorage
that was recently implemented, Corona del Mar beaches and any other alternatives.
o West basin anchorage for the summer was approved by Council.
Chair Girling noted that the demand for the anchorage will be monitored in the event that west
basin anchorage turns into a permanent anchorage.
• Commissioner West - Update and publish the new edition of the complete cruising
guide.
o Commissioner West reported that this project is behind; however a meeting is
scheduled for him and Commissioner Kenney to discuss. More information to be
provided at next meeting.
• Commissioner McIntosh - Investigate the availability and sufficiency of launch ramp
facilities.
o Nothing to report at moment.
• Commissioner Blank - Central Avenue Public Pier
o Commissioner Blank requested to have this objective added to the Harbor Chart
that is included in the third edition of the harbor guide. Application to the Coastal
Commission to build it will happen sometime in the next six months. Funding has
been set aside for this project.
Chair Girling opened public comments
Jim Mosher pointed out that the objectives listed are for 2016, but there are objectives listed that
will not be completed until 2020. Mr. Mosher suggested that each subcommittee formulate or
publicize a tentative date by which they think their objective(s) will be completed.
Chair Girling closed public comments.
2. Mooring Management in Newport Harbor – Foundation of an Ad Hoc Committee
Moorings in Newport Harbor are currently managed by the Orange County Sheriff’s
Harbor Patrol. The City Council is requesting the Harbor Commission and staff
investigate alternate management models which could create greater efficiencies.
.Recommendation:
1) Form a Mooring Ad-Hoc Committee to investigate greater efficiencies in mooring
management, and report back to the City Council with recommendations.
Chair Girling requested to have this item moved after Item #4 as members of the commission
will need to recuse themselves from discussing items #3 and #4.
3. Authority to Board Vessels for the Purpose of Marine Sanitation Device Inspection Currently, the City does not have the authority to board a vessel to inspect the marine
sanitation device without permission from the boat owner. In an effort to improve water
quality and to increase public awareness of Newport as a no-discharge harbor.
Recommendation:
a) Provide input to staff and recommend changes to the Municipal Code giving the
City, or its designee, authority to board vessels to inspect the vessel’s marine sanitation device.
Chris Miller provided a history of the issue and why it was before the Commission at the June 8,
2016 meeting. The Commission’s intent is to broaden this proposal to anchorage, moorings and
other boats as needed by the Harbor Patrol. Staff is requesting the Commission recommend
moving forward with this policy. The proposed language has been drafted and is awaiting
recommendation from the Commission.
Commissioner Kenney asked for this to be an agenda item. He is proposing the City's municipal
code be changed to allow for the boarding of any vessel that is in the harbor any time there is
reasonable cause.
Mr. Miller stated that prior to the new policy being implemented, it will be viewed by the City
Attorney’s office and approved by City Council.
Chair Girling opened public comments.
Mr. Carter Ford stated that the language of this policy is very important as it could come across
as saying that harbor patrol has the authority to board a vessel without probable cause.
Mr. George Hylkeman stated that what bothered many people is the authority to board without
specifying whether the owner is on board or not, and states that if sanitation inspection is going
to be enforced, there ought to be a specification in place stating what sanitation system is in
compliance and which boat requires it and which do not.
Mr. Mike Glenn stated that the third and fourth amendment of the US Constitution prohibit
people from going onto somebody else's property without probable cause.
Mr. Jim Mosher stated that when the topic was presented to the City Council, they were
informed that at least in the anchorage, Harbor Patrol has the absolute authority to test all
vessels in the area. Mr. Mosher is requesting clarification as to whether that is the case or not.
Chair Girling stated that the current Municipal Code requires permission. Discussion in place is
to amend the policy to state no permission is needed if there is probable cause.
Lieutenant Alsobrook, Harbor Patrol Master, stated that the members of the public who have
spoken tonight are correct; there is no legal authority to board a vessel, absent probable cause.
The purpose of this topic being brought before the commission is because the mooring contract
scope of services states that the harbor patrol shall conduct dye tablet testing on all boats in the
anchorage andrentals, as well as a protocol for all the mooring permit owners over a period of
time.
Chair Girling closed public comments.
An ad-hoc committee was formed which includes Commissioner West, Chair Girling and
Commissioner Kenney, to meet with the City and the City Attorney's Office to understand the
issues and various paths, and to come back with better information regarding what is
acceptable.
2. Mooring Management in Newport Harbor – Foundation of an Ad Hoc Committee Moorings in Newport Harbor are currently managed by the Orange County Sheriff’s
Harbor Patrol. The City Council is requesting the Harbor Commission and staff
investigate alternate management models which could create greater efficiencies.
.
Recommendation:
2) Form a Mooring Ad-Hoc Committee to investigate greater efficiencies in mooring
management, and report back to the City Council with recommendations.
Five Commissioners are recused from Agenda Items #2 and #4. The Commissioners are Chair
Girling, Commissioners Blank, Kenney, Avery and West. However, in order for the items to be
heard, there needs to be four Commissioners present. Straws were drawn to determine who
would remain. They were Brad Avery and Bill Kenney.
For the record, Chris Miller read Commissioner Avery's recusal, which was sent via email. Email
read as follows: "Hello Chris, I'm recusing myself from discussion or vote on agenda items at
the June 8th meeting related to moorings. I'm a long-time member of the yacht club that leases
moorings from the City. Thanks, Brad."
Mr. Miller requested of the Commissioners who are recusing themselves to do so by stating the
reason of the recusal.
Recusal Statement:
• Commissioner Girling - I'm a member of the Balboa Yacht Club. As a result, I will recuse
myself on both items #2 and #4.
• Commissioner West - I'm recusing myself for the same reason, as a member of the
Balboa Yacht Club.
• Commissioner Blank - I am a Mooring permit holder and therefore, I'm a direct
beneficiary of the services being discussed. I recuse myself.
• Commissioner Kenney - As a member of Balboa Yacht Club, I must also recuse myself
from items #2 and #4.
Due to Chair Girling being recused from items #2 and #4, Commissioner Stapleton was the
acting Chair for items #2 and #4 discussions.
Council member Duffield stated that the idea behind item #2 is to save money and be more
efficient. The item was brought up years prior to the Harbor Commission, and it was realized
then, that a 24/7 method of dealing with new incoming transit boaters to the harbor was needed.
Because this was a hard task for a private company to provide, it was defaulted to the harbor
patrol. Mr. Duffield stated that what was lacking when this topic was first introduced was Marina
Park, which is now fully staffed. He believes that the staff can easily handle the needs of a
transit boater as well as creating an app that can be downloaded on a smartphone that can
provide the information the boater is looking for. The Harbor Guide would also be distributed to
explain how one goes about securing a vessel to a mooring, navigating through the mooring
fields, and securing a slip at Marina Park. Should there be need to deal with a boat that's broken
loose from the mooring, staff could provide a contact with a towing service.
Chair Stapleton opened public comments
Carter Ford, on behalf of Newport Mooring Association, stated that his group appreciates the
opportunity to be a part of helping to develop solutions. Mr. Ford stated that the Association
would like the opportunity to contribute to these endeavors, assuming it is appointed.
Mr. Miller stated that the recommendation to form an ad-hoc committee is no longer a
recommendation, but rather to have an open meeting, a Harbor Commission meeting, with four
members present. This meeting would be similar to last year’s Mooring topic with everything
agendized and all discussions handled at this current forum as a monthly meeting.
Chair Stapleton closed public comments.
4. Provide Free Vessel Sewage Pump out Service for the Offshore Mooring Fields and Anchorage Users
In an effort to improve and promote water quality, and to provide services to the mooring
fields, the City is developing a program to provide free vessel sewage pump out service
to the offshore moorings (permittees and sub-permittees) and anchorage users.
Recommendation:
a) Recommend the City proceed with a program to provide free vessel sewage pump out services to the offshore moorings and anchorage users.
Item tabled for the July meeting.
7) SUBCOMMITTEE REPORTS
Commissioner Kenney reported that SUP Safety Committee is in the process of interviewing
all of the rental operators in the harbor and hopes to report back in July. Additionally,
Commissioner Kenney reported that the Regional Water Quality Control Board has
suggested to the City that it prohibit the use of copper based bottom paint in the harbor, as
the current paint being used was approved at the state and federal level. Staff believes that
the request needs to be dealt with on a statewide level, not on a local level.
8) QUESTIONS AND ANSWERS WITH COUNCIL LIAISON ON HARBOR RELATED ISSUES - None
9) QUESTIONS AND ANSWERS WITH HARBOR RESOURCES MANAGER ON HARBOR RELATED ISSUES
Mr. Miller reported that the moorings code revisions have been proofed and the first draft
version will be sent to the Newport Mooring Association and the Harbor Patrol for feedback. Any
changes will be taken into consideration with the goal to bring the draft to City Council at the
meeting in August.
The Balboa Yacht Basin underwent significant repairs. This is done every year to maintain the
City-owned marina.
Memorial Day at Marina Park was a huge success with about 95 percent occupancy. There are
reservations through September and in the next couple weeks, a release will go out in some of
the city's local publications, advertising that slips will be available for the Christmas season.
Staff is anticipating booking up for the Christmas Boat Parade, and parties/events. The website
is up and users can book their reservations online.
Mr. Miller is currently working on the annual Sand Management Sand Replenishment Project on
Balboa Island. This year, it's a two-fold approach. The first approach is to push the sand up from
the low tide lines to the high tide line, and second approach is to work with Public Works
Director Dave Webb on taking a small fraction of sand being replenished as part of the Lower
Santa Ana River project, and placing it on Balboa Island.
Chair Girling opened public comments
Chair Girling closed public comments.
10) PUBLIC COMMENTS ON SUBCOMMITTEE REPORTS OR QUESTIONS AND ANSWERS
WITH COUNCIL LIAISON OR HARBOR RESOURCES MANAGER – None
11) COMMISSION ANNOUNCEMENTS OR MATTERS WHICH MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON-DISCUSSION ITEM)
Chair Girling stated there may be some interest in resurrecting Lower Castaways, which was
put on hold when the new council members came in.
Commissioner Blank stated that Councilman Petros suggested we consider re-enacting the
harbor cruise for the public that we did aboard the Balboa ferry almost two years ago.
Commissioner Blank will take the responsibility. Commissioner Blank stated it probably should
be put on the agenda to vote to do it.
Commissioner West suggested that the commission receive some updates on the status of
landside waterfront projects that are under construction. Mr. Miller will follow up with the
community development department and have staff present at a future meeting.
Commissioner West requested information on the Ardell property and how it's developing.
12) DATE AND TIME FOR NEXT MEETING:
13) ADJOURNMENT
There being no further business to come before the Harbor Commission, the meeting was
adjourned at 7:29 p.m. The next Harbor Commission will be held on July 13, 2016.
NEWPORT BEACH
Harbor Commission Staff Report
CITY OF
July 13, 2016
Agenda Item No. _1_
TO: HARBOR COMMISSION
FROM: Chris Miller, Harbor Manager - 949-644-3043,
cmiller@newportbeachca.gov
TITLE: Election of Officers
______________________________________________________________________
ABSTRACT:
The Harbor Commission will elect officers for the 2016-17 year.
RECOMMENDATION:
1. Elect Chairman. 2. Elect Vice Chair. 3. Elect Secretary.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
ENVIRONMENTAL REVIEW: Staff recommends the Harbor Commission find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the Harbor Commission considers the item).
NEWPORT BEACH
Harbor Commission Staff Report
CITY OF
July 13, 2016
Agenda Item No. _2_
TO: HARBOR COMMISSION
FROM: Chris Miller, Harbor Manager - 949-644-3043,
cmiller@newportbeachca.gov
TITLE: Appeal – 2888 Bay Shore Drive (Newport Marina Reconstruction)
______________________________________________________________________
ABSTRACT:
Mr. Moriarty at 2782 Bay Shore Drive is appealing the Approval in Concept issued by
the Harbor Manager on April 6, 2016 for the proposed commercial marina (Newport
Marina) reconstruction project adjacent to his property located at 2888 Bay Shore Drive,
on the basis of potential impacts to his water area near his slip.
RECOMMENDATION:
1. Uphold the Harbor Manager’s issuance of the Approval in Concept.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
Harbor Resources originally approved the commercial marina reconstruction project on
September 10, 2015. (Attachment A) However, when the project was under review by
the Coastal Commission in March/April 2016, it was discovered that the location of the marina in relation to the side property lines was not noted on the original submittal. Swift Slip Dock and Pier Builders, the contractor for the project, corrected the error on the
plans and notified the Coastal Commission. As a result, an updated Approval in
Concept was required from the City so the Coastal Commission could proceed.
(Attachment B) While the Coastal Commission was reviewing the project, Mr. Moriarty was notified of
the pending application, and requested the Coastal Commission deny the project at
their hearing. After the Coastal Commission upheld the Commission staff’s
recommendation to approve, Mr. Moriarty appealed the City’s updated Approval in Concept within the prescribed time frame. (Attachment C)
Appeal – 2888 Bay Shore Drive
July 13, 2016
Page 2
The Harbor Commission has the option to either upheld, amend or reverse the Harbor
Manager’s decision.
As background, commercial marinas are permitted to have a zero setback from the property lines for their floats, gangways and piers. In addition, vessels may extend up
to the property lines as well.
Conversely, residential floats, gangways and piers must maintain a five foot setback
from the property lines. However, like commercial marinas, vessels at residential slips may also extend up to the property line.
At the heart of the appeal is the relationship between the proposed commercial marina
and the adjacent residential dock. While this report will not address each point raised in the appellant’s letter, it will detail the justification to issue the Approval in Concept with specific focus on Special Conditions 9-14 which concentrate on the southern boundary
of the project.
Special Condition #9: Your side property lines extend in the water along their
same bearing. Vessels shall not encroach upon the neighbor’s property on either
side.
Though not directly applicable to the appeal, this condition lays the groundwork for the
relationship between both neighbors. This is a standard condition which speaks to
vessels berthed at their respective floats. Special Condition #10: Vessels shall not rely on the southern neighbor’s
property for ingress and egress into the marina, especially to the backside of the
marina adjacent to the bulkhead.
While boating is not as precise as driving a car within the lanes of a road, this condition specifies that the boaters who are berthed on the backside of the marina must do their best to stay within the water that belongs within the marina’s permitted area. Naturally,
factors such as wind, current, tide and varying levels of experience may influence a
vessel’s intended path of travel.
Special Condition #11: The 10’ wide channel on the southern boundary of the
marina immediately adjacent to the southern property line, shall be kept clear at
all times and shall not impede any vessel traffic to the backside of the marina.
The major crux of the appeal is the 10’ wide channel component of this condition. 10’
was justified based on an average electric boat width of about 8.5’, assuming that electric boats were the primary market for the slips on the backside of the marina. However, as noted and explained in Condition #14 below, the vessels on the backside
slips are limited to a beam of 10’. Understandably, this tolerance for the 10’ wide
channels is tight, but anything more could be argued as arbitrary.
Appeal – 2888 Bay Shore Drive
July 13, 2016
Page 3
The other component of this condition is to keep this channel clear at all times. This
ensures that boaters will not be trapped in the backside of the marina, and more
importantly, will not force them into the neighbor’s water area.
Special Condition #12: No side ties permitted on the southern-most finger
immediately adjacent to the southern property line. Cleats shall not be installed
on this side of the finger.
This condition helps to clarify condition #11 with respect to maintaining a clear channel. Prohibiting cleat installation reduces future temptation.
Special Condition #13: On the southern-most side-tie on the backside of the
marina adjacent to the southern property line, vessels shall not extend into the
10’ open channel as required for ingress and egress to the backside of the
marina.
This condition essentially limits the length of the vessel in the very last, smallest slip.
Because the drawing isn’t dimensioned at this location, it isn’t clear what size vessel
could berth within this small area. But it is assumed that only an extremely small dinghy could fit without encroaching into the 10’ channel.
Special Condition #14: The maximum beam of any vessel berthing on the
backside of the marina adjacent to the bulkhead shall be 10’.
This 10’ limit is explained in Condition #11 above. ENVIRONMENTAL REVIEW:
Staff recommends the Harbor Commission find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the Harbor Commission considers the item).
ATTACHMENTS:
Attachment A – Original Approval in Concept dated September 10, 2015
Attachment B – Updated Approval in Concept dated April 6, 2016 Attachment C – Appeal from Mr. Moriarty
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lders, Inc.No part of this drawing may be distr
ibuted, disclosed orreproduced in any form to any third party withoutconsent from Swift Slip Dock & P
ier Builders, Inc.Aoriginal draftTB2/13/15BCextended space btwn EPL and dock to 10'TB7/23/15EC4/4/16E.P.L.Pierhead LineProject LineE.P.L.64'56'Bulkhead Line/ Seawall76'10'5' x 45'
Gangway5' x 35'
Gangway
642 Baker StCosta Mesa, CA, 92626Phone: (949) 631-3121Fax: (714) 509-06182888 Bayshore Drive, Newport Beach, CAExisting4/4/16ECPSC The information contained in this drawing is confident
ialand proprietary to Swift Slip Dock & Pier Bui
lders, Inc.No part of this drawing may be distributed, d
isclosed orreproduced in any form to any third party w
ithoutconsent from Swift Slip Dock & Pier Builders, Inc.Aoriginal draftTB2/13/15BCextended space btwn EPL and dock to 10'TB7/23/15EC4/4/16E.P.L.Pierhead LineProject LineE.P.L.56'Bulkhead Line/ Seawall76'22'3' x 28'
G
angwa
y 91'
APPEAL – 2888 BAY SHORE DRIVE (NEWPORT MARINA RECONSTRUCTIONHarbor Commission MeetingJuly 13, 2016
Proposed Configuration
Case 12
Case 12
Case 7
NEWPORT BEACH
Harbor Commission Staff Report
CITY OF
July 13, 2016
Agenda Item No. _3_
TO: HARBOR COMMISSION
FROM: Chris Miller, Harbor Manager - 949-644-3043,
cmiller@newportbeachca.gov
TITLE: 2016 Harbor Commission Narrated Harbor Tour – Ad Hoc
Committee Formation ______________________________________________________________________
ABSTRACT:
The Harbor Commission will form an ad hoc committee to plan a Commission narrated
tour around the harbor in late 2016. Preliminary ideas and details will be discussed
along with a recap of the 2014 event.
RECOMMENDATION:
1. Form an ad hoc committee to plan the tour details, and to report back to the
Commission at regular intervals. Discuss preliminary ideas and suggestions
based on the 2014 event.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
On November 15, 2014, the Harbor Commission hosted a narrated public tour of the harbor aboard a ferry boat. This event was very well received as it was a unique venue
for a public meeting where the Commissioners could point to the various projects and
programs in the harbor.
The Harbor Commission desires to hold a similar event in late 2016. The ad hoc committee will begin planning the event and will periodically return to the Commission
as details unfold.
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
Ad Hoc Committee Formation – Harbor Tour 2016
July 13, 2016
Page 2
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).
WelcomeWhat’s Up in the Harbor? A review of the Harbor Commission’s current areas of focus
Speak Up NewportMarch 11, 2015Update on City of Newport Beach Harbor Commission •Special Harbor Commission Meeting and Tour, November 15, 2014 •Current Areas of Focus•Q&A
Special Harbor Commission Meeting and Tour, November 15, 2014Route
Special Harbor Commission Meeting and Tour, November 15, 2014The Crowd
Harbor Commission Mission and Purpose of the Harbor Tour:1. To ensure the long term welfare of Newport Harbor for all residential, recreational, and commercial users. 2. To promote Newport Harbor as a preferred and welcoming destination for all to enjoy.A. To communicate the Commission’s role, purpose, and objectives in a unique and enjoyable manner. B. To build familiarity with the topics, terminology and geography frequently reviewed by the Harbor Commission.
Public Piers/M Street Pier/19thStreet Pier/Central Ave PierPublic pier improvements and additions are underway which will facilitate better access to harbor area businesses and amenities serving both visiting and local boaters. THENNOW
Derelict Vessels•A challenging definition•“It was someone’s love once.”•V‐TIP program and grant
Bay Island Bulkhead and Bridge Replacement•Sheet pile/panel construction•Vibration tool for driving piles•Community coordination
Eelgrass Ecosystem Plan and RGP 54 Dredging Permit HC Objective #1 ‐Support all efforts to achieve final interagency approval of the Newport Shallow Waters Eelgrass Mitigation Plan, facilitating a new Regional General Permit (RGP 54).
“Cheyenne” Mooring Renewal•Temporary mooring permit•Owner making Monthly Progress Reports to Harbor Commission•Term of existing permit expires in July 2015
Water Propelled Vessels in Newport Harbor•One operator in the harbor currently•Others desire permits•Commissioner Kenney presented HC Recommendations at Study Session 2/24
Marina Park•On time and slightly under budget•Marina basin dredged, buildings under construction•Marina slips installed late summer/fall 2015
Newport Bay Marina•Mixed‐use upland development•New commercial marina
Alternative Anchorages in West Turning Basin and CdM CoveComplete the evaluation of public moorage and anchorage alternatives. Specifically address the concept of an anchorage in the Turning Basin such as the one used on a temporary basis during the 2012 Lower Bay dredging project, and the suggestion of day‐use moorings off Big Corona beach.
Lido Marina Village•Improved upland development•Improved commercial marina•Opportunity for new public pier
Water Bus/TaxiRecently removed from Harbor Commission Focus
Lower CastawaysComplete the development of recommendations for the best pubic use of Lower Castaways. Current plans include parking, grass/picnic area, facilities for hand‐launched crafts, connection to Upper Castaways and various bike and pedestrian trails.
Balboa Marina (PCH & Bayside Dr.)•Additional slips for Cal Rec•Additional public dock –City managed•Additional/Preferred access to adjacent amenities
Balboa Island Seawall Improvements•Aging seawalls need repair and/or replacement•Height concerns relative to projected sea level rise•Cost
Mooring Administration Review•Review of recent changes to City’s administration of moorings•Develop recommendations and return to the City Council with a path forward
Many Thanks / Photo Credits:•Len Bose•Taylor Hill•Doug West•Joe Stapleton•Harbor Resources•Images.Google.com
Feedback:•Areas of the Harbor in Need of Additional Attention? •Question, Comments, Concerns…